HomeMy WebLinkAbout14-062 - King County - 2015-2017 Community Development Block Grant ProgramDocuSign Envelope ID: BOA74CAB-8A51-4CC9-9848-2AD510718B86
14-062(b)
Council Approval 9/18/23
AMENDMENT NO. 2 TO THE INTERLOCAL COOPERATION AGREEMENT
REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This Second Amendment to the Interlocal Cooperation Agreement Regarding the Community
Development Block Grant Program between the City of Tukwila and King County
("Amendment No. 2" or the "Second Amendment") is made by and between the City of Tukwila
("the City"), and King County ("the County"), both of which entities being a unit of general local
government in the State of Washington and which may be referred to hereinafter individually as
a "Party" and collectively as the "Parties."
RECITALS
A. On 7/25/2014, pursuant to Ch. 39.34 RCW, the Parties entered that certain Interlocal
Cooperation Agreement Regarding the Community Development Block Grant Program
(the "Agreement"), subsequently amended by that certain First Amendment to the
Interlocal Cooperation Agreement Regarding the Community Development Block Grant
Program (the "First Amendment").
B. As acknowledged by the Agreement, 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 purpose of
receiving Community Development Block Grant ("CDGB") funds, as administered under
the Housing and Community Development Act of 1974 (the "Act").
C. Signatory jurisdictions to the Agreement are CDBG Consortium Partners for purposes of
the Agreement and the Act.
D. Under the Agreement and pursuant to the Act, King County is responsible to the federal
government for all activities undertaken with CDBG funds and for ensuring that all
CDBG assurances and certifications King County is required to submit to HUD under the
Annual Action Plan are met.
E. Urban counties are periodically required to requalify for their entitlement status under
CDGB and related federal programs.
F. Under Notice CPD -23-02, issued by HUD April 10, 2023, and setting forth instructions
for continuing qualification for participating urban counties in the CDBG program for
Fiscal Years 2024-2026, all existing urban counties are required to have incorporated in
their cooperation agreements certain required language regarding fair housing and civil
rights obligations.
Amendment No. 2 to Interlocal Cooperation Agreement
Page 1 of 4
DocuSign Envelope ID: BOA74CAB-8A51-4CC9-9848-2AD510718B86
G. The Agreement does not contain all the required language regarding fair housing and
civil rights obligations and the First Amendment contained certain material omissions in
incorporating such required language.
H. Under Notice CPD -23-02, urban counties have the option of drafting a separate
amendment to their existing cooperation agreements with signatory jurisdictions that
include the required language rather than drafting a new cooperation agreement that
contains the provisions.
I. The purpose of this Second Amendment is to expressly state the required language
regarding fair housing and civil rights obligations and to memorialize the attendant
obligations as though set forth in the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. The foregoing recitals are true and correct in all respects and are incorporated hereby as if
fully set forth herein.
2. Section I of the Agreement is hereby amended and restated in its entirety as follows:
"The County and City agree to cooperate to undertake, or assist in undertaking, community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds from federal fiscal years 2024, 2025 and 2026 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities, principally for
persons with very low to moderate incomes. The County and City shall take all actions
necessary to assure compliance with the urban county's certification under section 104(b)
of Title I of the Housing and Community Development Act of 1974, and assure the grant
will be conducted and administered in conformity with Title VI of the Civil Rights Act of
1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and
the implementing regulations at 24 CFR part 100, and will affirmatively further fair
housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions
and Certifications (86 FR 30779, June 10, 2021), at 24 CFR 5.151 and 5.152. The City
and County shall comply with section 109 of Title I of the Housing and Community
Development Act of 1974, and the implementing regulations at 24 CFR part 6, which
incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing
regulations at 24 CFR part 8, Title II of the Americans with Disabilities Act, and the
implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the
Amendment No. 2 to Interlocal Cooperation Agreement
Page 2 of 4
DocuSign Envelope ID: BOA74CAB-8A51-4CC9-9848-2AD510718B86
implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban
Development Act of 1968 and all other applicable laws."
3. The First Amendment is hereby null and void.
4. Except as specifically provided for in this Second Amendment, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
5. Any capitalized terms not defined in this Second Amendment shall have the meanings
given them in the Agreement.
6. This Second Amendment shall be effective as of the date it has been executed by both
Parties.
7. This Second Amendment may be executed in counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
instrument.
[SIGNATURE BLOCKS ON FOLLOWING PAGE]
Amendment No. 2 to Interlocal Cooperation Agreement
Page 3 of 4
DocuSign Envelope ID: BOA74CAB-8A51-4CC9-9848-2AD510718B86
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 2 to the Agreement as of the date set forth below their
signatures.
City of Tukwila King County
DocuSigned by:
gUALIA, f,Ltitx
----
95847471A7CA454...
9/20/2023
DocuSigned by:
'Si..YL 7 .6OL-
C39AFE19665B4FE...
9/20/2023
Name: Allan Ekberg For King County Executive
Title: Mayor
DocuSigned by:•
qq �LS tl 0-10,441.1111/ '20/2023
Attest: �- 5DB7066B2BCC444_.
Name: Christy O'Flaherty
Title: City Clerk
Approved as to Form:
By: Simon Foster
Title: Division Director
Housing and Community Development
Department of Community and Human
Services
Approved as to Form:
LDocuSigned by: DocuSigned by:
eiv,i,e.•atovi, 9/19/2023 ~' Z / 9/20/2023
90629767A3D34A7..
Kari Sand, City Attorney
Amendment No. 2 to Interlocal Cooperation Agreement
Page 4 of 4
6A7E258236D64E6...
Ryan W. Ridings, King County Senior Deputy
Prosecuting Attorney
DocuSign Envelope ID: 81103846-DF87-48C0-AE76-EDOEF1 C3996E
14-062(a)
Council Approval 5/19/14
FIRST AMENDMENT TO THE JOINT INTERLOCAL AGREEMENT
REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BETWEEN THE CITY OF TUKWILA AND KING COUNTY
This First Amendment to the Interlocal Cooperation Agreement Regarding the Community
Development Block Grant Program between the City of Tukwila and King County (the "First
Amendment") is made by and between the City of Tukwila ("the City"), and King County ("the
County"), both of which entities being a unit of general local government in the State of
Washington and which may be referred to hereinafter individually as a "Party" and collectively
as the "Parties."
RECITALS
A. On 7/25/2014, pursuant to Ch. 39.34 RCW, the Parties entered that certain Interlocal
Cooperation Agreement Regarding the Community Development Block Grant Program
(the "Agreement").
B. As acknowledged by the Agreement, 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 purpose of
receiving Community Development Block Grant ("CDGB") funds, as administered under
the Housing and Community Development Act of 1974 (the "Act").
C. Signatory jurisdictions to the Agreement are CDBG Consortium Partners for purposes of
the Agreement and the Act.
D. Under the Agreement and pursuant to the Act, King County is responsible to the federal
government for all activities undertaken with CDBG funds and for ensuring that all
CDBG assurances and certifications King County is required to submit to HUD under the
Annual Action Plan are met.
E. Urban counties are periodically required to requalify for their entitlement status under
CDGB and related federal programs.
F. Under Notice CPD -23-02, issued by HUD April 10, 2023, and setting forth instructions
for continuing qualification for participating urban counties in the CDBG program for
Fiscal Years 2024-2026, all existing urban counties are required to have incorporated in
their cooperation agreements certain required language regarding fair housing and civil
rights obligations.
DocuSign Envelope ID: 81103846-DF87-48C0-AE76-EDOEF1 C3996E
G. The Agreement does not contain all the required language regarding fair housing and
civil rights obligations.
H. Under Notice CPD -23-02, urban counties have the option of drafting a separate
amendment to their existing cooperation agreements with signatory jurisdictions that
include the required language rather than drafting a new cooperation agreement that
contains the provisions.
I. The purpose of this First Amendment is to expressly state the required language
regarding fair housing and civil rights obligations and to memorialize the attendant
obligations as though set forth in the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. The foregoing recitals are true and correct in all respects and are incorporated hereby as if
fully set forth herein.
2. Section I of the Agreement is hereby amended and restated in its entirety as follows:
"The County and City agree to cooperate to undertake, or assist in undertaking, community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds from federal fiscal years 2024, 2025 and 2026 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities, principally for
persons with very low to moderate incomes. The County and City shall (i) take all actions
necessary to assure compliance with the County's certification under Section 104(b) of
Title I of the Housing and Community Development Act of 1974, (ii) assure that all CDBG
grants will be conducted and administered in conformity with Title VI of the Civil Rights
Act of 1964, the implementing regulations at 24 CFR part 1, the Fair Housing Act, and the
implementing regulations at 24 CFR part 100, and (iii) affirmatively furthering fair housing
as defined and in accordance with 24 CFR 5.151 and 5.152 and the implementing
regulations at 24 CFR part 8, 24 CFR part 35 and 24 CFR part 146."
3. Except as specifically provided for in this First Amendment, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
4. Any capitalized terms not defined in this First Amendment shall have the meanings given
them in the Agreement.
DocuSign Envelope ID: 81103846-DF87-48C0-AE76-EDOEF1 C3996E
5. This First Amendment shall be effective as of the date it has been executed by both
Parties.
6. This First Amendment may be executed in counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute one and the same instrument.
[SIGNATURE BLOCKS ON FOLLOWING PAGE]
DocuSign Envelope ID: 81103848-DF87-48C0-AE76-EDOEF1 C3996E
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this First Amendment to the Agreement as of the date set forth below their signatures.
City of Tukwila King County
DocuSigned by:
EC(
95847471A7CAA454....
Name: Allan Ekberg
Date: 7/28/23
Title: Mayor
Attest:
DocuSigned by: II
lSf� 0-iFt4UX__'' 8/1/2023
5DB7066B2BCC444...
Name: Christy O'Flaherty
Title: City Clerk
7/28/2023
Approved as to Form:
Ls6AA,DocuSignato\Lted
by:
11E4DC73118544D...
7/28/2023
Kari Sand, City Attorney
DocuSigned by:
(p.
C39AFE19665B4FE...
For King County Executive
8/9/2023
By: Simon P. Foster
Title: Division Director
Housing, Homelessness and Community
Development
Department of Community and Human
Services
Approved as to Form:
DocuSigned by:
6A7E258236D64E6...
Ryan W. Ridings, King County Senior Deputy
Prosecuting Attorney
8/1/2023
14-062
Council Approval 5/19/14
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.
WITNESSETH:
WHEREAS, the federal government, through adoption and administration 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 "CDBG", for
expenditure during the 2015, 2016 and 2017 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 purpose of receiving CDBG funds; and
WHEREAS, the Act directs HUD to distribute to each urban county a share of the annual
appropriation of CDBG funds based on formula, taking into consideration the social and
economic characteristics of the urban county; and
WHEREAS, the Act allows participation of units of general government within an urban county
in undertaking activities that further the goals of the CDBG program within the urban county;
and
WHEREAS, the CDBG Regulations require the acceptance of the King County Consortium
Consolidated Housing and Community Development Plan ("Consolidated Plan") by participating
jurisdictions; and
WHEREAS, King County is responsible to the federal government for all activities undertaken
with CDBG funds and shall 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
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
Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, for purposes of
S 05-<9 0 r'i
Regular CDBG/HOME Interlocal 1 of 12 2015 — 2017
the Emergency Solutions Grant Program, hereinafter referred to as "ESG", and to cooperate in
undertaking ESG activities; and
WHEREAS, King County shall undertake CDBG, ESG and HOME Program -funded activities in
participating incorporated 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 County and the participating jurisdictions are committed to targeting CDBG,
ESG 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, RCW Chap. 39.34, is to form an urban
county consortium, ("Consortium"), for planning the distribution and administration of CDBG,
ESG, HOME Program, and other federal funds received on behalf of the Consortium from HUD,
and for execution of activities in accordance with and under 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:
GENERAL AGREEMENT
The County and City agree to cooperate to undertake, or assist in undertaking, activities
which further the development of viable urban communities, including community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds from federal fiscal years 2015, 2016 and 2017 appropriations,
from recaptured funds and from any program income generated from the expenditure of
such funds. These activities include the provision of decent housing, homeless assistance,
and a suitable living environment and economic development opportunities, principally
for persons with very low to moderate incomes.
II. DEFINITIONS
A. "JRC" means the inter jurisdictional Joint Recommendations Committee as
described in Section V of this Agreement.
B. "CDBG Consortium Partners" means jurisdictions that are official HUD -
recognized participants in the CDBG Consortium through a signed Interlocal
Agreement.
Regular CDBG/HOME Interlocal 2 of 12 2015 — 2017
C. "Consolidated Plan" is the King County Consortium Consolidated Housing and
Community Development Plan, a HUD -required plan that identifies needs and
contains a strategic plan to guide the investment of HUD CDBG, HOME and ESG
funds for a multi-year period not to exceed five years.
M. GENERAL DISTRIBUTION OF FUNDS
The distribution of CDBG and HOME Program funds for the King County urban county
Consortium shall be governed by the provisions below.
Planning and Administration
A. The Administrative and Planning Set -asides for the CDI3G and the HOME
Programs, to be reserved by the County to meet the County's responsibility to
meet. all HUD requirements for planning and administration, shall be the
maximum allowable by HUD [currently twenty (20) percent of the CDBG funds
available from the annual entitlement and twenty (20) percent of program income,
and ten (10) percent of the HOME Program funds available from the annual
entitlement and ten (10) percent of program income]. If the current percentages
for CDBG and/or HOME administration and planning are changed at the federal
level, the Consortium may allow the percentage retained by the County to change,
following review and recommendation by the Joint Recommendations Committee
("JRC"), as provided in Section V, and approval by the .Metropolitan King County
Council, as provided in Section VI.
Public/Human Services
B. The Human Services Set-aside of CDBG shall be the maximum allowable by
HUD for human services [currently fifteen (15) percent of the funds available
from the CDBG annual entitlement and fifteen (15) percent of program income].
The Human Services Set-aside, including Housing Stability homeless prevention
activities and other homeless activities, shall be determined by the CDBG
Consortium Partners and approved by the JRC in the Consortium's most current
Consolidated Housing and Community Development Plan.
Housing Repair
C. The Housing Repair Program Set-aside shall be twenty (20) percent of the funds
available from the CDBG entitlement and twenty (20) percent of program income
(this percentage is discretionary and not required or limited by HUD). 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 need for housing repair that justifies an increase or decrease.
Remaining Capital Funding
D. The remaining entitlement and program income funds, as well as any recaptured
or prior year funds, shall be divided into two separate funds for the two sub-
regions of the county: 1) north/east sub -region; and 2) south sub -region. The
percentage split between the two funds shall be equal to the percentage of low to
moderate -income population represented by each sub -region. Each sub -region
Regular CDBG/HOME Interlocal 3 of 12 2015 — 2017
may propose funding priorities and allocate portions of'the sub -region's funds to
such priorities for separate competitive processes. Such competitive processes
must be for eligible activities that are consistent with the King County Consortium
Consolidated Housing and Community Development Plan. A sub -region may also
elect to allocate additional funds to the Consortium's Housing Repair Program for
the benefit of residents of the sub -region.
1. The north/east sub -region shall include (hose cities :in the north and east
and those portions of unincorporated King County that he north of
Interstate 90. The cities of Mercer Island, Newcastle, Issaquah, and North
Bend, which are at or near the interstate 90 border, along with their
,designated potential annexation areas, also shall be included in the
north/east sub -region.
2. The south sub -region shall include those cities south of Interstate 90 and
those portions of unincorporated King County that lie south of Interstate
90, except for the cities of Mercer island, Newcastle, Issaquah, and North
Bend and their potential annexation areas, which are part of the north/east
sub -region.
3. The formula for dividing the funds between the two sub -regions shall be
based on each sub -region's share of the Consortium's low to moderate -
income population.
CDBG Guidelines to Address Programmatic Details:
E. The CDBG Consortium Partners may propose King County Consortium CDBG,
ESG and HOME Guidelines, for approval by the JRC, to guide the Consortium
regarding details of program implementation, including, but not limited to,
funding guidelines, frequency of application processes, Consortium procedures
and goals for geographic equity in the distribution of funds over time.
IV. USE OF FUNDS: GENERAL PROVISIONS
A. Funds shall be used to support the goals, objectives and strategies of the King
County Consortium Consolidated Housing and Community Development Plan.
B. Funds shall be used in accordance with the CDBG regulations at 24 CFR Part
570, ESG regulations at 24 CFR Part 576, Home Program regulations at 24 CFR
Part 92, and all other applicable federal regulations.
V. JOINT RECOMMENDATIONS COMMITTEE
An inter jurisdictional Joint Recommendations Committee ("JRC") was established
through the 2009 – 2011 CDBG/HOME Consortium Interlocal Cooperation Agreement
and through King County Code Chapter 24.13, and is hereby adopted as part of this
Agreement.
A. Composition—The JRC for the CDBG/ESG/HOME Consortium shall be
composed of three county representatives and eight cities representatives.
Regular CDBG/HOME Interlocal 4 of 12 2015 — 2017
i. 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 [hose 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
Program -only agreements. These latter four representatives shall have no
vote on matters specific to the jurisdictions that are parties to this
Agreement.
4. The chairperson and vice -chairperson of the JRC shall be chosen from
among the members of the JRC by a majority vote of the members for a
term of one year beginning with the first meeting of the calendar year.
Attendance of five members of the entire body of eleven members of the
JRC for the CDBG/HOME Consortium shall constitute a quorum for
voting matters in which all members of the JRC are eligible to vote. For
voting items of the Regular CDBG Consortium, in which only seven
members may vote (those identified in sub -sections 1 and 2 of this
section), four members shall constitute a quorum, made up of two King
County representatives and two city representatives.
B. , Appointments—The King County Executive shall appoint the three county
representatives. The participating cities shall provide for the appointment of their
shared representatives in a manner to be determined by those cities through the
Sound Cities Association or other agreed-upon mechanism for the execution of
shared appointing authority. The Sound Cities Association or other agreed
mechanism will select four jurisdictions of varying size from among those signing
this Agreement, two from the north/east sub -region and two from the south sub-
region. The cities representatives shall be elected officials, chief administrative
officers, or persons who report directly to the chief administrative officer and who
have broad policy responsibilities; e.g., planning directors, department directors,
etc. Members of the JRC shall serve for two years, or at the pleasure of their
respective appointing authorities.
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, ESG and HOME Program, including
but not limited to the Consolidated Plan and related plans and policies.
2. Review and recommend to the King County Executive the projects and
programs to be undertaken with CDBG funds, ESG funds and HOME
Program funds, including the Administrative Set-aside.
jr
Regular CDBG/HOME Interlocal 5 of 12 2015 — 2017
3. Monitor and ensure that all geographic areas and actively participating
_jurisdictions benefit from CDBG, ESO and HOME Program funded
activities over time, so far as is feasible considering eligible applications
submitted within the goals, objectives and strategies of the Consolidated
Plan: I) there is equity in distribution of funds pursuant to proportion of
the region's low to moderate -income population; and, 2) equity is achieved
over time pursuant to Consortium Guidelines adopted by the JRC to the
extent feasible.
D. Advisory Committees to JRC—In fulfilling its duty to review and recommend
projects and programs to be undertaken with the CDBG, ESG and HOME
Program funds, the JRC shall consider the advice of sub -regional inter -
.jurisdictional advisory committees. Sub -regional advisory committees, made up of
one representative from each participating jurisdiction in a sub -region that wishes
to participate, shall be convened to assist in the review and recommendation of
projects and programs to be undertaken in that sub -region. The JRC may also
solicit recommendations from other inter -jurisdictional housing and community
development committees.
VL RESPONSIBILITIES AND POWERS OF KING COUNTY
A. Notwithstanding any other provision contained in this Agreement, the County as
the applicant and grantee for CDBG, ESG and HOME Program funds has
responsibility for and assumes all obligations in the execution of the CDBG, ESG
and HOME Programs, including final responsibility for selecting and executing
activities, and submitting to HUD the Consolidated Plan, Annual Action Plans,
and related plans and reports, including the Analysis of Impediments to Fair
Housing Choice and the Fair Housing Action Plan. Nothing contained in this
Agreement shall be construed as an abdication of those responsibilities and
obligations.
B. The Metropolitan King County Council shall have authority and responsibility for
all policy matters, including the Consolidated Plan, upon review and recom-
mendation by the JRC.
C. The Metropolitan King County Council shall have authority and responsibility for
all fund allocation matters, including approval of the annual CDBG, ESG and
HOME Program Administrative Set -asides and appropriation of all CDBG, ESG
and HOME Program funds.
D. The King County Executive, as administrator of the CDBG, ESG 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
Regular CDBG/HOME Interlocal 6 of 12 2015 — 2017
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 1V.
C., above.
G. King County Executive staff shall have the authority and responsibility to
communicate and consult with participating jurisdictions on CD13C, ESG and
HOME Program policy and program matters in a timely manner.
11. 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 allocation of the sub -
regional funds.
King County Executive staff shall provide periodic reports on clients served by
jurisdictions in the Housing Stability and Housing Repair programs and on the
status of CDBG, ESG and HOME Program funded projects and make them
available to all participating jurisdictions and the JRC.
J. King County Executive staff shall solicit proposals, administer contracts, and
provide for technical assistance, both in the development of viable CDBG, ESG
and HOME Program proposals and in complying with CDBG, ESG and HOME
Program contractual requirements.
K. King County shall have environmental 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, information, and assistance for King County's review and assessment
in determining whether an Environmental Impact Statement is required.
L. King County, as the official applicant, shall have the authority and responsibility
to ensure that any property acquired or assisted with CDBG funds or HOME
Program funds is disposed of or used in accordance with federal regulations.
VII. RESPONSIBILITIES OF THE PARTICIPATING CITIES
A. All participating cities shall cooperate in the development of the Consolidated
Plan and related plans.
B. All participating cities shall assign a staff person to be the primary contact for the
County on CDBG, ESG and HOME Program issues. The assigned CDBG, ESG
and 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, ESG and 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, ESG and HOME Program contact person. It may be the
CDBG, ESG and HOME Program contact person, a different staff member, an
elected official, or a citizen.
Regular CDBG/HOME Interlocal 7 of 12 2015 — 2017
D. If and when a participating city deems necessary or advisable, it may prepare
applications for CDBG or FIOME 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 :1RC.
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 in whole or in part with CDBG or HOME
Program funds. This includes any modification or change in use from that
planned at the time of 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
use which does not qualify under 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
expenditures of funds other than CDBG or HOME Program funds).
VIII. RESPONSIBILITIES OF ALL PARTICIPATING JURISDICTIONS
A. All participating jurisdictions shall be considered to be those jurisdictions that
have signed this Agreement.
B. All participating 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 participating jurisdiction 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
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 sub -recipients when they receive
CDBG funds to implement an activity. The applicable requirements include, but
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are not limited to, a written agreement with the County that complies with 24 CFR
570.503 and includes provisions not limited to: statement of work; records and
reports; program income; uniform administrative items; other program
requirements; 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 from appropriations under the :federal Small Cities or State CDBG
Programs during the period in which they participate in this Agreement..
F. All participating units of local government understand that they may not sell, trade
or otherwise transfer all or any portion of the urban county consortium CDBG
funds to another metropolitan city, urban county unit of general local government,
Indian tribe, or insular area that directly or indirectly receives CDBG funds in
exchange for any other funds, credits or non -Federal considerations, but must use
such funds for activities eligible under Title I of the Act.
G. 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 they may not participate in a
HOME Program consortium except through the urban county, regardless of
whether the urban county receives a HOME formula allocation; and also
understand that they are part of the urban county for the ESG Program and may
only receive a formula allocation for ESG through the urban county consortium.
H. All participating units of local government hereby agree to affirmatively further
fair housing and to ensure that no CDBG or HOME Program funds shall be
expended for activities that do not affirmatively further fair housing within its
jurisdiction or that impede the County's actions to comply with its fair housing
certification. For purposes of this section, "affirmatively furthering fair housing"
includes participation in the process of developing an Analysis of Impediments to
Fair Housing Choice and a Fair Housing Action Plan. While King County has the
primary responsibility for the development of these reports to HUD pursuant to
Section VI.A. of this Agreement, upon request, the City shall provide assistance to
the County in preparing such reports. All participating units of local government
acknowledge that the urban county consortium is prohibited from funding
activities in, or in support of, any cooperating unit of general local government
that does not affirmatively further fair housing within its own jurisdiction or that
impedes the county's actions to comply with the county's fair housing
certification.
I. Participating jurisdictions undertaking activities and/or projects with CDBG funds
distributed under this Agreement shall retain full civil and criminal liability as
though these funds were locally generated.
Regular CDBGIHOME Interlocal 9 of 12 2015 — 2017
J. Participating jurisdictions retain responsibility in fulfilling the requirements of the
State Environmental Policy Act under which King County has review
responsibility only.
IX. GENERAL TERMS
A. This Agrecmcnt shall extend through the 2015, 2016 and 2017 program years,
and shall remain in effect until the CDBG funds, ESG '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 (HUD) in subsequent Urban
County Qualification Notices. By the date specified in HUD's Urban County
Qualification Notice for the next qualification period, King County will notify
each participating city in writing of its right not to participate, and a copy of King
County's written notification will be sent to HUD by the dale specified in the
urban county qualification schedule. Each party to this Agreement must adopt
amendments necessary to meet the requirements for cooperation agreements as set
forth in the Urban County Qualification Notice applicable for a subsequent three-
year county qualification period, and to submit such amendment to HUD, as
provided in the notice. Failure to comply with thenotice will void the automatic
renewal for such qualification period.
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, goals, objectives and strategies of the King County Consortium
Consolidated Housing and Community Development Plan.
D. Parties to this Agreement must take all required actions necessary to assure
compliance with King County's certification under Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, regarding Title
VI of the Civil Rights Act of 1964, (Title HI of the Civil Rights Act), the Fair
Housing Act as amended, affirmatively furthering fair housing, Section 109 of
Title I of the Housing and Community Development Act of 1974, as amended,
which incorporates Section 504 of the Rehabilitation Act of 1973, the Age
Discrimination Act of 1975, the Americans with Disabilities Act of 1990, and
other applicable laws.
E. This Agreement shall be executed in three counterparts, each of which shall be
deemed an original, by the chief executive officers of the County and the City,
pursuant to the authority granted them by their respective governing bodies. One
of the signed Agreements shall be filed by the County with the Region X office of
HUD, one shall be filed with the City and one shall be filed with the County. Prior
Regular CDBG/HOME Interlocal 10 of 12 2015 — 2017
to its taking effect, the fully executed Agreement shall he filed with the County
Auditor, or, alternatively, listed by subject on a public agency's web site or other
electronicaHy 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.
1C i
Regular CDBG/HOME Interlocal 11 of 12 2015 — 2017
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
for King CountylExecutive
Adrienne Quinn
Printed Name
Director, Department of Community and
Human Services
Title
CITY OF
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Printed Na
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Date
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Approve' as t• Form: Approved as to Form:
OFFIC • OF . ► ,. KING COUNTY CITY OF -T t.kk_WI\ a..,
PROS : CU ►i ORNEY CITY ATTORNEY
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JUN 0 5 1014
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City Attorney
ATTEST:
CITY OF 'T A'J ole,)
Regular CDBG/HOME Interlocal 12 of 12
2015-2017