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HomeMy WebLinkAboutRes 0481 - Reconfirm Interlocal Agreement - Use and Distribution of CDBG Block GrantsRESOLUTON NO 481 RESOLUTION RECONFIRMING THE AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY REGARDING PLANNING FOR USE AND DISTRIBUTION OF CERTAIN BLOCK GRANT FUNDS UNDER THE COMMUNITY DEVELOPMENT ACT OF 1974. THE CITY COUNCIL OF THE CITY OF TUKWILA RESOLVE AS FOLLOWS: That the Chief Executive Officer of the City of Tukwila be authorized to sign the amended agreement, pursuant to HUD required changes, between the City of Tukwila and King County designated as "Agreement for Planning, The Distribution of Certain Block Grant Funds and Execution Under the Housing and Community Development Act of 1974 and reconfirming said Agreement and also reconfirming City of Tukwila Resolution No. 470 dated January 20, 1975. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, And approved by the Mayor, at a regular meeting thereof this 21st day of April 1975 Dwayne Traynor Mayor Pro Tempore Shirlee Kinney City clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 County and the undersigned incorporated municipal jurisdiction within King County. WIT'NESSETH: 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 expenditure 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; and MARCH 25, 1975 AGREEMENT FOR PLANNING, THE DISTRIBUTION OF CERTAIN BLOCK GRANT FUNDS AND EXECUTION UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 THIS AGREEMENT, made this f./ day of 1975 by and between the governing body of King 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 III of this agreement and a method for allocating funds described in Section II of this agreement; and WHEREAS, a majority of Block Grant funds available to our urban county are based on the population characteristic; and WHEREAS, 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 WHEREAS, these plans must be realistic and a process needs to be established to settle disagreements between the County and participating jurisdictions; and 1 WHEREAS, King County will undertake Block Grant funded activities 2 in participating incorporated jurisdictions as specified in the plan, by 3 granting funds to those jurisdictions for their execution, and by under 4 taking such activities directly as are authorized by amendment to this 5 agreement; and 6 WHEREAS, King County as the applicant is responsible to the 7 Federal Government for all activities undertaken with Block Grant Funds; 8 and 9 WHEREAS, these plans must be revised annually by King County 10 and participating jurisdictions and submitted to HUD as part of an annual 11 application; and 12 WHEREAS, the purpose of this cooperation agreement is to form 13 the urban county arrangement for planning for distribution of certain Block 14 Grant Funds and for execution under the Housing and Community Development 15 Act of 1974; 16 NOW THEREFORE, IT IS AGREED THAT: 17 I. General Agreement 18 King County and each participating jurisdiction shall cooperate 19 in undertaking, or assisting in undertaking, essential community develop 20 ment and housing assistance activities, specifically urban renewal and 21 publicly assisted housing, as specified in the Community Development 22 Program and Housing Assistance Plan portions of the application, for 23 the program years covered by the agreement. 24 II. Distribution of Funds 25 The distribution within King County, exclusive of Seattle 26 and Bellevue, of Community Development Block Grant Entitlement Funds 27 under Title I of the Act shall be overned by the following g y g provisions: 28 29 30 31 32 33 -2- 29 30 31 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Ten percent of the entitlement amount shall be reserved for allocation later in this program year for activities not specified in the Community Development Plan or to supplement activities which are specified in the plan. These funds are part of the needs funds described in II (D) (2) and II (E) (2) below. B. The monies remaining after II (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 II (0) and II (E) below, 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 II (D) (1) and II (E) (1) (i.e. population monies) is contingent upon review of projects by the committee, as provided in IV (B) (4). 33 -3- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 G. Receipt of funds provided for in II (0) (2) and II (E) (2) 2 (i.e. needs monies) is contingent upon review and prioritizing of projects 3 by the Committee and approval by the King County Council as provided in 4 Section IV (8) (5). 5 H. If a project application is determined by a reviewing 6 authority to be ineligible under the Act or Regulations, then the monies 7 which would have been assigned to that project will remain in the original 8 fund to which they were allocated. These monies will be made available 9 for subsequent, valid, project applications. If the monies assigned to 10 a project exceed the actual cost, then the excess will be reallocated to the fund of origin for similar redistribution. III. 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 partici- pation 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. IV. 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 -4- 1 majority vote of the members for a term of one year, PROVIDED that a 2 representative of a suburban city shall be designated as Chairperson at 3 least once in every two years. 4 B. Powers and Duties. The Committee shall be empowered to: 5 1. Review and recommend to the County Council all policy 6 matters including allocation of funds. 7 2. Review Housing and Community Development objectives, plans, 8 programs, strategies, target areas, and funding levels for recommendation 9 to the King County Council and other participating jurisdictions. 10 3. Review and recommend program guidelines for project pro- 11 posals submitted by participating jurisdictions. These guidelines shall 12 define Community Development needs to be addressed, target areas and 13 populations to be assisted, and priorities for funding. 14 4. Review and approve project proposals for funding under 15 II (D) (1) and II (E) (1) which are consistent with the King County 16 Housing and Community Development Objectives. 17 5. Review specific project proposals submitted b p p J p p by participating 18 jurisdictions for purposes of funding under II (D) (2) and II (E) (2) 19 and recommend to them and the County Council their approval, disapproval, 20 or alteration. 21 6. Review staff suggestions for projects and programs to be 22 evaluated and recommend projects and programs for evaluation. 23 7. Be the arbitrator of plan and program disagreements between 24 King County and other participating jurisdictions. 25 V. Duties of the King County Staff 26 The King County Staff, hereinafter referred to as "the staff 27 shall fulfill the following duties: 28 A. Responsibilities to the Committee. The staff shall: 29 1. Solicit and present to the Committee all applicable Federal 30 31 32 33 and County policy guidelines, special conditions, and format requirements related to the preparation of the Housing Assistance and Community Develop- -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ment Plans and related to administration of the programs under these plans. 2. 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 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 preparation of the Housing Assistance Plan and Community Development plans and related to 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 long and short term objectives; consideration of alterna- tive strategies; and preparation of action year programs and budgets. The initial activity descriptions and budgets proposed for inclusion -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 -7- in the annual plan shall be prepared by agents of the parties to this agreement. 4. Prepare and present project evaluation reports for selected projects. 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. VI. Responsibilities and Powers of Jurisdictions The jurisdictions participating in this agreement shall have the following responsibilities and powers: A. Subject to review by the Committee, each participating jurisdiction shall determine the use of funds allocated to it based on population. Disposition of monies in case of project invalidity or in case of excess funds remaining after project completion, shall be in accordance with II (H) above. 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 proposals 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. VII. Responsibilities and Powers of King County King County shall have the following responsibilities and powers: 1. The King County Council shall have authority and responsi- bility for all policy matters including plan and project approvals, after review and recommendation by the Committee. 26 27 28 29 30 31 32 33 7 8 9 10 11 12 13 14 15 1 2. The King County Executive, as administrator of this Housing 2 and Community Development Program, shall have authority and responsibility 3 4 5 6 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. 4. Notwithstanding any other provision contained in this agreement, King County as the applicant for block grant funds has sole responsibility for and assumes all obligations as the applicant in the execution of this community development program. Nothing contained in this agreement shall be construed as an abdication of those responsibilities and obligations. VIII. 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 16 upon three months written notice to each of the other parties. 17 B. It is understood that by signing this agreement the juris- 18 diction shall accept the Housing Assistance Plan and its "Realistic 19 Annual Goals 20 C. It is recognized that amendment of the provisions of this 21 agreement may become necessary, and such amendment shall take place when 22 both parties have executed a written addendum to this agreement. D. Population figures as used herein shall refer to The Official 24 Population of Cities, Towns and Counties" as published annually by the 25 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. -8- 1 H. King County retains environmental review responsibility 2 for purposes of fulfilling requirements of the National Environmental 3 Policy Act, under which the County may require the local incorporated 4 jurisdiction or contractor to furnish data, information, and assistance 5 for the County's review and assessment in determining whether King 6 County must prepare an Environmental Impact Statement. 7 1. Jurisdictions retain responsibility in fulfilling the 8 requirements of the State Environmental Policy Act under which the 9 County has review responsibility only. 10 11 PARTICIPATING JURISDICITON: KING COUNTY, WASHINGTON 12 13 14 DESIGNATED`OFFICIAL JOHN D. SPELLMAN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 L,iry eF ru.e.tu/L 1717 -JA Yc1,