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HomeMy WebLinkAboutResolution No. 219RESOLUTION NO. 219 A resolution of the City Council of the City of Medina, Washington, authorizing the signing of interlocal agreements with King County pertaining to the Home Investment Partnerships Program and the Community Development Block Grant Program. WHEREAS, the City Council has reviewed the attached agreements proposed by King County for administration of the Home Investment Partnerships Program and the Community Development Block Grant Program and believes it would be beneficial to the City of Medina, King County and other neighboring jurisdictions to enter into said agreements, now, therefore, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON does resolve as follows: Section 1: The mayor of the City of Medina is authorized to sign interlocal agreements with King County for the administration and distribution of the Home Investment Partnerships Program and the Community Development Block Grant Program substantially in the form of the agreements attached to this resolution. PASSED BY THE MEDINA CITY COUNCIL IN REGULAR, OPEN MEETING THIS 14th DAY OF June , 1993 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14th DAY OF June 1993. Ray Cory, Mayor Approved as to from; Kirk R. Wines, City Attorney Attest: arg ret R. Davis, City Clerk \.r&,r M9 JOINT COOPERATION AGREEMENT BETWEEN KING COUNTY, AS AN URBAN COUNTY, AND THE CITY OF MEDINA FOR PURPOSES OF THE HOME INVESTMENT PARTNERSHIPS PROGRAM This Agreement is entered into between King County, as an urban county pursuant to 24 CFR Subpart 92.2 and Subpart 570.3, hereinafter referred to as - "County", and the City of Medina hereinafter referred to as "City", said parties to the Agreement each being a general local governmental unit of the State of Washington. This Agreement is made pursuant to RCW 39.34, the Intergovernmental Cooperation Act. The City of Medina and King County agree that it is mutually desirable and beneficial to enter into a consortium arrangement pursuant to and authorized by 24 CFR Part 92 for purposes of the HOME Investment Partner- ships Program, hereinafter referred to as "HOME Program", of the National Affordable Housing Act of 1990, as amended. II. AGREEMENT 1. The City and the County agree to cooperate to undertake or assist in undertaking HOME Program housing assistance activities which are eligible under 24 CFR Part 92. 2. The County is hereby authorized to act as the representative member on behalf of the Consortium for the purposes of the HOME Program, by which it agrees to assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with federal requirements, including requirements concerning the Comprehensive Housing Affordability Strategy (CHAS), and in compliance with the housing objectives of the City and the County as adopted in the CHAS. The City agrees to cooperate fully with the County in the development and preparation of the CHAS, and to prepare and provide those elements specifically pertaining to the City. 3. This Agreement shall remain in full force and effect for the period necessary to plan and carry out all activities that will be funded from HOME funds awarded for the 1994, 1995, and 1996 federal fiscal years, which coin- cides with the Agreement for the Distribution and Administration of Community Development Block Grant, or until the County's designation as a participating HOME jurisdiction is rescinded by the United States Department of Housing and Urban Development, or until such time as the County no longer qualifies as an urban county. 4. During the term of this Agreement, neither the County nor the City may withdraw from participation from their respective obligations under this Agreement. 5. By executing the HOME Agreement, the City understands that it may not participate in a HOME consortium except through the urban county, regard- less of whether the urban county receives a HOME formula allocation. 6. 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 respec- tive governing bodies. One of the signed counterparts, accompanied by copies of the authorizing resolutions from the County and the City, shall be filed by the County with the Region X office of HUD. A copy shall be filed with the Secretary of State and the Clerk of the King County Council, the County Auditor, and the City as per RCW 39.34.040. The County and the City both hereby agree to affirmatively further fair housing. S. The City shall participate jointly with the County in the develop- ment of the Consortium's HOME Program by participating in development of a HOME Program strategy of sufficient detail to accommodate both the collective and individual housing objectives of both the City and the County. The Joint Policy Committee will adopt HOME program policies, developed by a City and County staff working group. The HOME Project Selection Committee will approve funding decisions. All funding decisions must be in accord with adopted policies. Proposed projects located within the City shall be given consideration for funding equal to those located in unincorporated areas. Once said strategies are adopted, the City shall also have the right to comment on any program changes prior to their implementation by the County as the representative member of the Consortium. 9. Federal HOME funds, allocated to the Consortium, shall be used to fund housing assistance activities that are the subject of this Agreement. The City and the County shall cooperate in the establishment of budgets for separate HOME activities. It is intended that the County enter into contrac- tual agreements with any city, nonprofit organization, or other entity that it selects to implement HOME activities. Administrative costs will be paid from the HOME grant, after review and approval by the Joint Policy Committee. This Agreement is legally binding and valid upon signature of all parties. CITY OF City Official Date: 6/14/93 KING COUNTY d Tim Hill, County Executive Date: MAY 2 5z W3 The terms and provisions of this Agreement are authorized under State and local law, and this Agreement, when properly executed by the parties, will provide legal authority for the Consortium to undertake or assist in under- taking housing assistance activities for the HOME Investment Partnerships Drnnram AGREEMENT FOR PLANNING THE DISTRIBUTION AND ADMINISTRATION OF CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND EXECUTION OF THE KING COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. THIS AGREEMENT, made this 14th day of .tune , 1993 by and between King County and the undersigned incorporated municipal jurisdic- tion within King County. WITNESSETH: WHEREAS, the federal government through adoption and administration of the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the Act, will make Community Development Block Grant, here- inafter referred to as CDBG, funds available to the County of King, hereinafter referred to as King County, for expenditure during the 1994-1996 funding years; and WHEREAS, the area encompassed by the county, exclusive of the cities of Auburn, Bellevue, Federal Way, and Seattle, has been designated by the United States Department of Housing and Urban Development, hereinafter referred to as HUD, as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs [IUD to distribute to the urban county the annual appropriation of CDBG funds based on the population characteristics of the urban county: and WHEREAS, the Act allows joint participation of units of general govern- ment within an urban county, and a distribution of CDBG funds to such govern- mental units; and WHEREAS, the CDBG Regulations require the acceptance of both the Compre- hensive Housing Affordability Strategy and the annual Community Development Plan by participating jurisdictions; and WHEREAS, King County will undertake CDBG funded activities in partici- pating incorporated jurisdictions as specified in the annual Community Develop- ment Plan hereinafter referred to as the King County CDBG Consortium Policy Plan and the Comprehensive Housing Affordability Strategy by granting funds to those jurisdictions to carry out such activities, and by undertaking 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 CDBG funds and will ensure that all CDBG assurances and certifications King County is required to submit to HUD with the annual Final Statement will be met; and WHEREAS, King County and the participating jurisdictions are committed to targeting CDBG funds to ensure benefit to low- and moderate -income persons as defined by HUD; and WHEREAS, King County and its consortium members recognize that the needs of low- and moderate -income persons may cross jurisdictional boundaries and can therefore be considered regional needs; and WHEREAS, the Comprehensive Housing Affordability Strategy and the King County CDBG Consortium Policy Plan must be revised annually by King County and participating jurisdictions and submitted to HUD as part of an annual Final Statement, required to receive CDBG funds; and WHEREAS, the purpose of this -Cooperation Agreement, which is entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chap. 39.34, is to form an urban county consortium, hereinafter referred to as the Consortium, for planning the distribution and administration of CDBG and other federal funds received on behalf of the Consortium from [IUD, and for execution of activities in accordance with and under authority of the Housing and Community Development Act of 1974, as amended; 1. Administrative setaside funds, as defined in II(A) and public service setaside as defined in II(B), which are recaptured shall return to the Consortium and be distributed to the Pass -through Cities and County and Small Cities Funds according to their share of the Consortium's low- and moderate -income persons, as defined by HUD. 2. Funds recaptured from a project funded through a city's pass - through, as defined in II(E), shall return to the city's pass - through fund, unless the city no longer qualifies for a pass - through as provided in II(C) (3), in which case the funds return to the County and Small Cities Fund. 3. Funds recaptured from a project funded through the County and Small Cities Fund, as defined in II(D), shall return to the County and Small Cities Fund. Unallocated or recaptured funds from 1987 and prior years (e.g., unallocated or recaptured "Population," "Heeds," or "Joint" funds) shall return to the Consortium and be distributed to the Pass -through Cities and the County and Small Cities Funds according to their share of the Consortium's low- and moderate -income persons, as defined by HUD. Funds received by a jurisdiction or CDBG subrecipient generated from the use of CDBG funds, hereinafter referred to as program income, shall return to the fund which generated the program income as follows, unless exception is specifically recommended by the Joint Policy Committee and approved by the King County Council: I. Program income generated through the interim finance ("CD float") loan, which uses all or a portion of the Consortium's total avail- able CDBG funds, shall return to the Consortium and be distributed to the Pass -through Cities and County and Small Cities Funds according to their share of the Consortium's low- and moderate - income persons, after reserving the amount needed to pay for the direct costs (e.g., attorney and bank fees, advertising costs, contract compliance costs), of the negotiation and implementation of the CO float loan project. 2. Program income generated from a project (including housing repair) funded through a city's pass -through, as defined in II(C), shall return to the city's pass -through fund, unless the city no longer qualifies for a pass -through as provided in II(C)(3), in which case the program income returns to the County and Small Cities Fund. 3. Program income generated from a project (including housing repair) funded through the County and Small Cities Fund, as defined in II(D), shall return to the County and Small Cities Fund. 4. Program income generated from projects funded in 1987 (except for housing repair) and prior years shall return to the Consortium and be distributed to the Pass -through Cities and the County and Small Cities Funds according to their share of the Consortium's low- and moderate -income persons, as defined by HUD. Housing repair program income shall return to the housing repair program. III. USE OF FUNDS: GENERAL PROVISIONS The County and each of the Pass -through Cities shall specify activi- ties and projects which it will undertake with the funds described in II above. The County and each of the Pass -through Cities shall ensure that scarce CDBG funds are targeted to activities which can document predominant (51%) benefit to low- and moderate -income people and that the overall program meets or exceeds HUD's requirements for the percentage of funds spent to benefit low- and moderate -income persons in King County. Pass -through Cities may exchange their CDBG funds with other Pass - through Cities for general revenue funds. The use of general revenue VII. REAL PROPERTY A. Participating jurisdictions owning community facilities acquired or improved in whole or in part using CDBG funds, must comply with change of use restrictions as required by HUD and the policies adopted by the Joint Policy Committee as found in the annual King County CDBG Consortium Policy Plan. B. The participating jurisdiction must notify King County prior to any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. C. The jurisdiction shall reimburse King County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures of non-CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a use which does not qualify under the CDBG regulations. D. Program income generated from the disposition or transfer of property prior to or subsequent to the close-out, change of status or termina- tion of the cooperation agreement between the county and the partici- pating jurisdiction shall be subject to the requirements set forth in Section II(G) and Section VI. Vill. JOINT POLICY COMMITTEE There shall be established a Joint Policy Committee. Composition. The Committee shall be composed of the following elected officials or their designees (who shall be specified in writing by the elected member, and who should, where possible, be the same person consistently from meeting to meeting): the King County Executive; two King County Councilmembers to be selected by the Council every January; and two elected officials of participating Pass -through Cities and one elected official of a small city partici- pating in the County and Small Cities Fund. The cities' officials shall be selected by the Suburban Cities Association every January. Members of the Committee shall serve at the pleasure of their respec- tive appointing authorities. The chairperson and vice -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 beginning the first meeting of the calendar year, if possible, provided that a representative of a city shall be designated as chairperson at least once in every two years. B. Powers and Duties. The Committee shall be empowered to: I. Review and recommend to the King County Council all policy matters on the Consortium's CDBG and H014E Program including the amount of administrative setaside and priorities governing the use of the public services setaside. 2. Review, recommend and adopt the Comprehensive Housing Affordabil- ity Strategy and the annual Community Development Plan required by HUD. The King County CDBG Consortium Policy Plan, hereinafter referred to as the Policy Plan, will be developed annually by the Consortium to meet the HUD requirement for an annual Community Development Plan. The Policy Plan will include Consortium -wide policies and program guidelines governing CDBG funded projects. 3. Review plan and program disagreements between the County and participating jurisdictions, and offer recommendations to the King County Council. IX. DUTIES OF THE KING COUNTY PLANNING AND COMMUNITY DEVELOPMENT DIVISION STAFF Those King County Planning and Community Development Division Staff which are funded through the administrative setaside, hereinafter referred to as the Staff, shall fulfill the following duties: the Pass -through Cities and in the balance of the County, respec- tively in accordance with the primary objective and requirements of the Act. This Policy Plan, including the local program policies, will meet the HUD requirement for an annual Community Development Plan. B. The policies outlined within the King County CDBG Consortium Policy Plan for the County and the Pass -through Cities will be consistent with local comprehensive plans being developed under the Growth Management Act. C. Each Pass -through City shall continue to adopt a local program policy that commits the city to examining its role in recognizing and addressing regional or Consortium -wide needs through a coordinated funding approach with other jurisdictions and the County. The public services setaside referenced under II(B) is one effort in this direc- tion. D. Each Pass -through City shall exercise local discretion in determining the use of its pass -through funds in a manner consistent with the Comprehensive Housing Affordability Strategy and the Policy Plan including the Pass -through City's local program policies. E. Pass -through City staff will be responsible for sending the County timely notification of the citizen participation activities refer- enced under III(D). F. The legislative authority of each Pass -through City shall approve or disapprove activities, areas, and budgets submitted by its agents for inclusion in the annual program. Approval shall be given by motion or resolution. Notice of these actions should be complete and forwarded to the County in a timely manner. G. Pass -through City staff shall review all project proposals for consistency with threshold requirements and consortium -wide and other federal requirements prior to submission to the County and prior to presentation of the proposals to the King County Council for approval with the rest of the Consortium's annual program. H. The legislative authority of each small city submitting proposals for use of the County and Small Cities Funds shall approve such applica- tions by motion or resolution. I. King County shall determine, with the advice of representatives from small cities, the use of the County and Small Cities Funds in a manner consistent with the Policy Plan including its local program policies. J. Each participating jurisdiction shall fulfill to the County's satis- faction all relevant requirements of federal laws and regulations which apply to King County as applicant, including assurances and certifications described in part XII(D). K. Jurisdictions participating under this Agreement have certified that they have adopted and are enforcing local policies which: 1. prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non- violent civil rights demonstrations; and enforce 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 juris- dictions. Pursuant to 24 CFR 570.501(b), all participating units of local government are subject to the same requirements applicable to subre- cipients, excluding the County's Minority and Womens' Business Enter- prises requirements. The applicable requirements include, but are not limited to, a written agreement with the County which complies with 24 CFR 570.503 and includes provisions pertaining to the follow- ing items: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and rever- sion of assets. Act of 1974, as amended, including Title v1 of the Civil Rights Act of 1964, (Title III of the Civil Rights Act), the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, The Americans with Disabilities Act of 1990, and other applicable laws. E. No CDBG funds shall be expended for activities in, or in support of any participating city that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. It is recognized that amendment of the provisions of this Agreement may become necessary, and such amendment shall take place when all parties have executed a written addendum to this Agreement. G. Calculations for determining the number of low- and moderate -income persons residing in the County and cities shall be based upon interim calculations of 1990 Census data, until such time as official HUD approved 1990 Census data becomes available, and on the official annual estimates of populations of cities, towns and communities published by the State of Washington Office of Program Planning and Fiscal Management. H. Participating jurisdictions shall be considered to be those jurisdic- tions which have signed this Agreement. I. Jurisdictions undertaking activities and/or projects with CDBG funds distributed under this Agreement retain full civil and criminal liability as though these funds were locally generated. J. King County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdic- tion or contractor to furnish data, information, and assistance for King County's review and assessment in determining whether King County must prepare an Environmental Impact Statement. K. Jurisdictions retain responsibility in fulfilling the requirements of the State Environmental Policy Act under which King County has review responsibility only. KING COUNTY, WASHINGTON Tim Hill, King County Executive C117 (5/18/93) PARTICIPATING JURISDICTION Signature of D signated Official C. Ray Cory Name of Designated Official (Print) `PLL L z� Official T le Medino City or Tow 6/14/93 Date Signed