HomeMy WebLinkAboutRes 0470 - Interlocal Agreement - Use and Distribution of CDBG Block GrantsC•TY OF
WASHINGTON
RESOLUTION NO. 470
RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH KING COUNTY REGARDING
PLANNING FOR USE AND DISTRIBUTION OF
CERTAIN BLOCK GRANT FUNDS UNDER THE COMMUNITY
DEVELOPMENT ACT OF 1974, AUTHORIZING THE
EXECUTION OF RELATED DOCUMENTS, AND DECLARING
AN EMERGENCY.
WHEREAS, Funds are available to the City of Tukwila
as part of an urban county under the Housing and Community
Development Act of 1974, and
WHEREAS,, The City of Tukwila has not completed plans
for utilization of such funds, and
WHEREAS„ It is necessary that agreements, certifica-
tions and assurances be entered into with and be delivered to
King County,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA
RESOLVE AS FOLLOWS:
Section 1. That the Mayor, on behalf of the City of
Tukwila, be and he is hereby authorized to execute that certain
document designated "Agreement for Planning, The Distribution of
Certain Block Grant Funds and Execution Under the Housing and
Community Development Act of 1974," a copy of which is attached
hereto and incorporated herein by reference.
Section 2. That the Mayor, on behalf of the City of
Tukwila, be and he is hereby authorized to execute that certain
document designated "King County Assurances and Certifications,"
a copy of which is attached hereto and is incorporated herein
by reference.
Section 3. That any funds allocated under the Act
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to the City of Tukwila for fiscal year 1975 shall be withheld
during 1975 and be added to the fiscal year 1976 allocation to
the City of Tukwila.
Section 4. That the City Council finds that an emergency
exists and that this Resolution shall be passed and become
effective immediately.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, And approved by the Mayor, at a regular meeting
thereof this 20th day of January 1975
Dwayne Traynor Mayor Pro tempore
Shirlee Kinney City Clerk
KING COUNTY ASSURANCES AND CERTIFICATIONS
INSTRUCTIONS: The applicant (a participating jurisdiction) must
provide assurances and /or certify to all of the following items:
The applicant hereby assures and certifies that he will comply with the reg-
ulations, policies guidelines and requirements of Federal Management
Circulars 74 -4 and 74 -7, as they relate to the application, acceptance and
use of Federal funds for this federally- assisted program. Also, the ap-
plicant gives assurances and certifies with respect to the grant that:
1. It possesses legal authority to execute the proposed program; that
a resolution motion or similar action has been duly adopted or passed as an
official act of the applicants' governing body, authorizing the filing of the
application, including all understandings and assurances contained herein,
and directing and designating the applicant's chief executive officer as the
authorized representative of the applicant to act in connection with the
application and to provide such additional information as may be required.
2. It will comply with:
9.
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and
in accordance with Title VI of that Act, no person in the United
States shall, on the ground of race, color, or national origin,
be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program
or activity for which the Applicant receives Federal financial
assistance and will immediately take any measures necessary
to effectuate this agreement. If any real property or structure
thereon is provided or improved with the aid of Federal financial
assistance extended to the Applicant, this assurance shall obligate
the Applicant, or in the case of any transfer of such property any
transferee, for the period during which the real property structure
is used for a purpose for which the Federal financial assistance is
extended or for another purpose involving the provision of similar
services or benefits.
(b) Title VIII of the Civil Rights Act of 1968, (P.L. 90 -284)
as amended, and will administer all programs and activities
relating to housing and community development in a manner aff-
irmatively to further fair housing.
(c) Section 109 of the Housing and Community Development Act
of 1974 and in conformance with all requirements imposed by
or pursuant to the Regulations of the Department (24 CFR Part
570.601) issued pursuant to that Section; and in accordance
with that Section, no person in the United States shall on the
ground of race, color, national origin or sex, be excluded
from participation in, be denied the benefits of, or be subjected
to discrimination under, any program or activity funded in
whole or in part with the community development funds
(d) Executive Order 11063 on equal opportunity in housing.
(e) Section 3 of the Housing and Urban Development Act of
1968, as amended, requiring that to the greatest extent feasible
opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection
with the project be awarded to eligible business concerns which
are located in, or owned in substantial part by persons residing
in the area of the project.
3. Prior to the submission of its application, the applicant has:
(a) Provided citizens with available information concerning
the amount of funds available for proposed community develop-
ment and housing activities the range of activities that may be
undertaken, and other important program requirements;
(b) Participated in or held (as appropriate) at least two public
hearings to obtain the views of citizens on community development
and housing needs; and
(c) Provided citizens an adequate opportunity to participate in
the development of the application and in the development of any
revisions changes or amendments
4. The applicant will:
(a) Provide fair and reasonable relocation payments and assist-
ance in accordance with Sections 202, 203, and 204, of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act (P.L. 91 -646) and applicable HUD regulations,
to or for families individuals partnerships corporations
or associations displaced as a result of any acquisition of
real property assisted under the program;
(b) Provide relocation assistance programs offering the services
described in Section 205 of PL. 91 -646 to such displaced families,
individuals partnerships corporations or associations in the
manner provided under applicable HUD regulations;
(c) Assure that, within a reasonable time prior to displacement,
decent, safe, and sanitary replacement dwellings will be avail-
able to such displaced familities and individuals in accord-
ance with Section 205(c) (3) of P.L. 91 -646;
10.
(d) Inform affected persons of the benefits policies and
procedures provided for under HUD regulations; and
(e) Carry out the relocation process in such a manner as to
provide displaced persons with uniform and consistent services,
and assure that replacement housing will be available in the same
range of choices with respect to such housing to all displaced
persons regardless of race, color, religion, or national origin.
5. The applicant will:
(a) In acquiring real property in connection with the community
block grant program, be guided to the extent permitted
under State law, by the real property acquisition policies set
out under Section 301 of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act and the provisions of Section
302 thereof;
(b) Pay or reimburse property owners for necessary expenses
as specified in Sections 303 and 304 of the Act; and
(c) Inform affected persons of the benefits policies and
procedures provided for under HUD regulations
6. It will give HUD and the Comptroller General through any
authorized representative access to and the right to examine all records,
books papers or documents related to the grant.
7. The applicant will comply with the provisions of the Hatch
Act which limit the political activity of employees
8. It will comply with provisions of: Executive Order 11296,
relating to evaluation of flood hazards, and Executive Order 11738,
relating to the prevention, control, and abatement of water pollution.
9. The Community Development Program gives maximum feasible
priority to activities which will benefit low -or moderate income families
or aid in the prevention or elimination of slums or blight;
10. It will establish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being motivated
by a desire for private gain for themselves or others, particularly those
with whom they have family business or other ties.
11.
11. It will comply with all requirements imposed by HUD
concerning special requirements of law program requirements and
other administrative requirements approved in accordance with Federal
Management Circular 74 -7.
(Signature of ApplVant's
Chief Executive
)a e D j re, v I I S O
(Type or print name of Applicant's (Date)
Chief Executive
#Sign ure of Applicant's Legal Officer Type or print name of Applicant's Legal
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Officer
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THIS AGREEMENT made this of
,)j;'.(4," 1.' 197/ by and between the governing body of King
County/and the undersigned incorporated municipal jurisdiction within King
County.
and
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AGREEM1 FOR PLANNING TL[E DISTRII,L..��ON OF CERTAIN
BLOCK GI;.ANT FUNDS AND EXECUTION UNDER THE HOUSING
AND COMMUNITY DEVELOPMENT ACT OF 1974
W1TNESSETII:
WHEREAS the Federal Government through adoption and admin
istration of the Housing and Community Development Act of 1974 hereafter
referred to as "the Act" will make funds available to the County of King for ex-
penditure during calendar year 1975; and
WHEREAS, the area encompassed by King County exclusive of
Seattle and Bellevue has been designated by the U .S Department of Housing
and Urban Development, hereafter referred to as "HUD" as an urban county;
WHEREAS the Act allows joint participation of units of general
purpose Government within an urban county, and a distribution of some or
all of these funds to such Governmental units; and
WHEREAS the King County Council by Motion 1808 has established
a Joint Policy Committee hereinafter referred to as the "Committee" described
in Section II of this agreement and a method for allocating funds described in
Section I of this agreement; and
WHEREAS a majority of Block Grant funds available to our urban
county are based on the population characteristic; and
WHEREAS a HUD letter to King County dated November 27, 1974
states, "...in Fiscal Year 1975, the cooperation agreements, which must
be submitted to the Department of Housing and Urban Development
by January 17, 1975, need contain only a general commitment
between the county and the unit of general local government
for the undertaking, or assistance in undertaking, of the essential
community development and housing assistance activities to
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be identified and formulated in the plan and program. and
WHEREAS, the plans will not be completed prior to January 17 „1975,
WIIEREAS the Block Grant Regulations and King County Council
Motion No. 1808 require the acceptance of both the Housing Assistance and
Community Development Plans by participating jurisdictions; and
WIIEREAS, these plans must be realistic and a process needs to
be established to settle disagreements between the County and participating
jurisdictions; and
WHEREAS King County will undertake Block Grant funded
activities in participating incorporated jurisdictions as specified in the plan,
by granting funds to those jurisdictions for their execution, and by under-
taking such activities directly as are authorized by amendment to this
agreement; and
WHEREAS King County as the applicant is responsible to the
Federal Government for all activities undertaken with Block Grant Funds; and
WHEREAS these plans must be revised annually by King County
and participating jurisdictions and submitted to HUD as part of an annual
application; and
WIIEREAS the purpose of this cooperation agreement.is to form
the urban county arrangement for planning for distribution of certain Block
Grant Funds and for execution under the Housing and Community Development
Act of 1974;
NOW, THEREFORE, IT IS AGREED THAT;
I. Distribution of Funds:
The distribution within King County, exclusive of Seattle
and Bellevue, of Community Development Block Grant Entitlement Funds under
Title 1 of the Act shall be governed by the following provisions:
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A. Ten percent of the entitlement amount shall be reserved for
allocation later in this program year for activities not specified in the Com-
munity Development Plan or to supplement activities which are specified in
the plan. These funds are part of the needs funds described in I (D) (2) and
1 (E)(2).
B. The monies remaining after I (A) above shall be divided into
two funds, one designated for the county and the second for the incorporated
areas according to the monies brought to the fund based on population,
poverty (counted twice) and overcrowding, provided that consideration be
given in subsequent years to the advantages of pooling all monies into a
single fund.
C. In determining the portions of monies attributable to population
and need characteristics under A and B above, a minimum of fifty (50) percent
of all monies shall be assigned to the two funds based on need.
D. The county funds shall be allocated as follows:
1. that portion of the monies brought to the fund based on popu-
lation shall be allocated to the unincorporated area, and
2. that portion of the monies brought to the fund based on need
characteristics shall be allocated according to need without regard to boun-
daries of participating jurisdictions.
E. The funds for the incorporated jurisdictions shall be
allocated as follows:
1. that portion of the monies brought to the fund based on
a jurisdiction's population shall be allocated back to the jurisdiction.
2. that portion of the monies brought to the fund based on
need characteristics shall be allocated according to need in the incorporated
areas.
F. The receipt of funds provided for in I (D) (1) and I (E) (1)
(i. e. population monies) is contingent upon review of projects by the
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Committee, as provided in Section III (13) (4).
G. Receipt of funds provided for in I(D) (2) and I(E) (2)
(i.e. needs monies) is contingent upon review and prioritizing of projects
by the Committee and approval by the King County Council as provided in
Section III (13) (6).
II. Use ,of Funds: General Provisions
A. The jurisdiction shall specify activities and projects which
it will undertake with these funds.
B. The jurisdiction must conduct appropriate citizen participation
activities.
C. Approval of activities must be secured in the annual plan,
and approval of projects must be secured in formal grant applications.
D. General administrative costs incurred by each participating
jurisdiction shall be paid for out of funds received based on population or
from local funds. Costs incurred in administering projects shall be included
in project costs.
III. Joint Policy Committee
There shall be established a Joint Policy Committee.
A. Composition. The Committee shall be composed of the following
persons or their designee: the King County Executive, two King County
Councilpersons to be selected by the Council, and three elected officials of
participating incorporated jurisdictions selected by the Suburban Mayors
Association. Members of the Committee shall serve at the pleasure of their
respective appointing authorities. The Chairperson of the Committee shall
be chosen from among the members of the Committee by a majority vote of
the members for a term of one year, PROVIDED that a representative of a
suburban city shall be designated as Chairperson at least once in every
two years.
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B. Powers and Duties. The Committee shall be empowered to:
2 1. Review and recommend to the County Council all policy in-
3 eluding allocation of funds.
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2. Review Housing and Community Development objectives,
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plans programs, strategies, target areas, and funding levels for
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rcornmendation to the King County Council and other participating
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8 jurisdictions.
9 3. Review and recommend program guidelines for project pro-
10 posals submitted. by participating jurisdictions. These guidelines shall
11 define Community Development needs to be addressed, target areas and
12 populations to be assisted, and priorities for funding.
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4. Review and approve project proposals for funding under
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I(D) (1) and I(E) (1) (i.e., population monies) which are consistent with
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the King County Housing and Community Development objectives.
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17 5. Review specific project proposals submitted by participating
18 jurisdictions for purposes of funding under 1(D) (2) and I (E) (2) (i.e. needs
19 monies) and recommend to them and the County Council their approval,
20 disapproval, or alteration.
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6. .Review staff suggestions for projects and programs to be
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evaluated and recommend projects and programs for evaluation.
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7. Be the final arbitrator of -all plan and program disagreements
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between King County and other participating jurisdictions.
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26 IV Duties of the King County Staff
27 The King County Staff hereinafter referred to as "the staff
28 shall fulfill the following duties:
29 A. Responsibilities to the Committee. The staff shall:
30 1. Solicit and present to the Committee all applicable Federal
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and County policy guidelines, special conditions, and format requirements
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related to the preparation of the Housing Assistance and Community Develop-
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ment Plans and related to administration of the programs under these plans.
2. Prepare and present written materials required by IIUD and
the King County Council as components of the annual King County Housing
Assistance and Community Development plans to be prepared pursuant to
this agreement, including but not limited to: collection and analysis of
data; identification of problems, needs and their locations; development of
long and short term objectives; consideration of alternative strategies; and
preparation of action year program and budgets, except that the initial activity
descriptions and budgets proposed for inclusion in the annual plan shall be
prepared by agents of the parties to this agreement.
3. Recommend target areas to be addressed, target populations
to be assisted and policies for funding
4. Prepare and present to the Committee project evaluation
reports for selected projects.
B Responsibilities to Jurisdictions Which are Parties to This
Agreement. The staff shall:
1. Solicit and present all applicable Federal and County policy
guidelines, special conditions, and format requirements related to the pre-
paration of the I- lousing Assistance plan and Community Development plans
and related 1:o program administration.
2. Identify supplemental sources of funding to increase the
participating jurisdiction's capability to conduct effective Community
Development activities.
3. Prepare and present written materials required by HUD and
the King County Council as components of the annual King County Housing
Assistance and Community Development plans to be prepared pursuant to
this agreement, including but not limited to collection. and analysis of data:
identification of problems, needs and their location; development of lorg
and short term objectives; consideration of alternative strategies; and pre-
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projects.
paration of action year programs and budgets. The initial activity descrip-
tions and budgets proposed for inclusion in the annual plan shall be prepared
by agents of the parties to this agreement.
4. Prepare and present project evaluation reports for selected
5. Present to the King County Council, as appropriate, the
locally adopted annual plan in general, and the included projects in particular.
6. Administer the Housing and Community Development program.
V. Responsibilities and Powers of Jurisdictions
The jurisdictions participating in this agreement shall have
the following responsibilities and powers:
A. Subject to approval by the Committees each participating
jurisdiction shall determine the use of funds allocated to it based on popu-
lation.
B. The legislative authority of each participating jurisdiction
shall approve or disapprove activities, areas and budgets submitted by its
agents prior to approval by the Committee for inclusion in the annual plan.
Approval shall be given by motion or resolution.
C. Parties to this agreement shall submit drafts of project pro-
posals to the staff for review as to consistency with objectives and guidelines
prior to the presentation of the proposals to the Committee and to the King
County Council, where appropriate. Each participating jurisdiction shall
fulfill to King County's satisfaction all relevant requirements of Federal
laws and regulations which apply to King County as applicant, including
assurances and certifications.
VI. Responsibilities and Powers of Ring County
King County shall have the following rcsponsibiliites and powers:
1. The King County Council shall have authority and responsi-
bility for all policy matters including plan and project approvals, after review
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and recommendation by the Committee, except as specifically delegated in
this agreement.
2. The King County Executive, as administrator of this Housing
and Community Development program, shall have authority and responsibility
for all administrative requirements for which the county is responsible to
the Federal Government.
3 The King County Executive shall have authority and
responsibility for all fund control and disbursements.
VII. General Terms
A. Any party to this agreement shall be .permitted to withdraw
from this agreement at the end of the 1975, 1976 or 1977 program years upon
three months written notice to each of the other parties.
B. It is understood that by signing this agreement the jurisdiction
shall accept the housing Assistance Plan and its "Realistic Annual Goals
C. it is recognized that amendment of the provisions of this
agreement may become necessary, and such amendment shall take place when
both parties have executed a written addendum to this agreement.
I). Population figures as used herein shall refer to "The Official
Population of Cities, Towns and Counties" as published annually by the State
of Washington Office of Program Planning and Fiscal Management.
E. Participating jurisdictions shall be considered to be those
jurisdictions which have signed this agreement.
F. The duration of this agreement shall be three program years.
G. Jurisdictions undertaking activities and /or projects with
these Block Grant funds retain full civil and criminal liability as though these
funds were locally generated.
H. King County retains the responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act, under which the County
may require the local incorporated jurisdiction or contractor to furnish an
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8 PARTICIPATING JURISDICTION:
9 Ct Of Iu
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DESI9NATED OFf ICiAJ
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Environmental Assessment for the County's review in determining whether
King County must prepare an Environmental Impact Statement.
I. Jurisdictions retain responsibility in fulfilling the requirements
of the State Environmental Policy Act under which the county has .review
responsibility only.
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KING COUNTY, WASI
JOHN D. SPELLMAN