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020-05 - Kitsap County - ContractV \h INTERLOCAL COOPERATION AGREEMENT FOR URBAN COI]NTY COMMUNITY DEVELOPMENT PROGRAM FUNDS BETWEEN KITSAP COI]NTY AND THE CITIES OF BAINBRIDGE ISLAND, PORT ORCHARD AND POULSBO PROGRAM YEARS 2OO5 -2007 AND AS HEREIN RENEWED This agreement is entered into between Kitsap Urban County (hereinafter referred to as "COUNTY"), a political subdivision of the State of Washington, and the cities of Bainbridge Island, Port Orchard and Poulsbo (hereinafter referred to as "CITIES"), municipal corporations of the State of Washington within Kitsap County, for the cooperation of units of local government under the authority of RCW 39.34. It will become effective upon adoption by the parties and will continue until terminated as provided herein. I. RECITALS A.WHEREAS, the Congress of the United States of America has enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program, as promulgated by the U S Department of Housing and Urban Development (hereinafter HUD) in 24 CFR Part9Z, allowing units of general local government to enter into mufual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program (HOME Program); and WHEREAS, it is found that these objectives are pertinent to the concerns and needs of the COUNTY and of the CITIES; and \{-3a\-04 WHEREAS, eligibility for HOME Investment Partnership funds is based upon criteria.similar to the criteria for eligibility for Urban County designation for CDBG funds; and WHEREAS, the COUNTY and CITIES of Bainbridge Island, Port Orchard and Poulsbo have requested Urban "Count5/" status under the CDBG Program and the City of Bremerton qualifies as a separate entitlement under the CDBG program; and WHEREAS, COUNTY shall administer the HOME program as well as the Urban County CDBG program and the CITY of Bremerton will administer its own CDBG program. Both of these programs will be included in the County Consortium's Consolidated Plan; and WHEREAS, the COUNTY agrees to delegate to the Kitsap Regional Coordinating Council (hereinafter referred to as "KRCC") decision making authority regarding the Consolidated Plan, as the KRCC was established to have regional oversight, representation and authority on certain issues affecting all of Kitsap County; and WHEREAS, the signatory political subdivisions to this agreement have determined that obtaining INTERLOCAL COOPERATION AGREEMENT TO FORM CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT B. C. D. E. F 1 G \- funding under the HOME Program will increase their ability to provide affordable housing for their low and moderate income residents; and H.WHEREAS, the Department of Housing and Urban Development has specified the minimum provisions which must be included within any intergovernmental agreement for the cooperating governmental bodies to qualiff for Urban County eligibility. NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follows: [I. ACTIVITIES A. This agreement covers the CDBG Entitlement program and the Home Investrnent Partnership Program of the signatory Parties. B. The signatory parties agree to take affirmative action to further fair housing in their jurisdictions. Such actions may include planning, education and outreach, and enforcement components. C. The signatory parties agree that they will take all actions necessary to assure compliance with ttre urban county's certification required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, andother applicable laws. Urban County funding is prohibited for activities, in or in support of,, any city that does not affirmatively further fair housing within its own jurisdiction or thiiimpedes the county's actions to comply with the countS/'s fair housing certification. Noncompliance by a city included in an urban county may constitute noncompliance by the entire urban county which can, in turn, provide cause for funding sanctions or other remedial actions by the Deparhnent. D. The signatory parties agree to cooperate to undertake or assist in undertaking community renewal and lower intome housing assistance activities, specifically urban renewal and publicly assisted housing. E. The signatory parties understand, that by executing the CDBG cooperation agreement, they: 1. may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the urban county's CDBG Program; and 2. may receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban county does not receive a HOME formula INTERLOCAL COOPERATION AGREEMENT TO FORM CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT \, 2 t \E allocation, the participating unit of local government cannot form a HOME consortium with other local governments. The signatory parties understand that, pursuantto 24 CFR 570.501(b) they are subject the same requirements applicable to subrecipients, including the requirement of a written agreement described in 24 CFR 570.503 G. The signatory parties agree that each party has adopted and is enforcing: a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and a policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within jurisdictions. " III. ADMINISTRATION The COUNTY will administer both the Urban County's Community Development Block Grant Program and HOME Investrnent Partnership Program. C. The CITIES are responsible for submitting in a timely manner to the COUNTY all information necessary for the Consolidated Plan, the HOME program description and certifications (24 CFR 92.150), and performance reports. The Consolidated Plan Annual Performance Report, HOME Annual Performance Report, and the Annual Consolidated Plan information shall be provided to the COUNTY by the dates specified by the COUNTY. The KRCC shall have decision making authority regarding the Consolidated Plan, the Urban County's annual Community Development Policy plan and annual project allocations consistent with the process in the Policy Plan as well as the HOME allocation process and plan. The COUNTY, as administative agency for the Urban County CDBG and the HOME Programwill be responsible for providing staff support to KRCC on these matters. Development of the documents will require the participation of citizens as well as input from the CITIES. The COLJNTY, however, has ultimate responsibility for selecting the Urban County's CDBG activities and the HOME activities and submitting the Consolidated Plan to the Deparhnent of Housing and Urban Development. The COUNTY agrees to adopt and implement the HOME projects as approved by the KRCC provided such projects are consistent with HOME Program requirements as set forth in the applicable Code of Federal Regulations. D. INTERLOCAL COOPERATION AGREEMENT TO FORM CONSORTIUM TJNDER THE NATIONAL AFFORDABLE HOUSING ACT \F, F 1 2. A. B. 3 *\, A. B. IV. TERM OF TIIIS AGREEMENT This agreement covers the CDBG Entitlement and Home Investrnent Partrrership funds for fiscal years 2004, 2005 and 2006 and for such future fiscal years as this agreement is automatically renewed, along with such program income generated from the expenditure of said funds, This agreement shall automatically be renewed at the end of each three-year qualification period, unless changes to the agreement are required by HUD that would require the execution of a new agreement, or if the COUNTY or CITIES provide written notice that they elect not to participate in the new qualification period. A copy of this notice must be sent to the HUD Field Office' The COUNTY, by the date specified in HUD's urban county qualification notice, shall notiff the CITIES of their right not to participate in the new qualification period. A copy of this notice shall be sent to the HUD Field Office by the date specified in the urban county qualification schedule in Section IL The signatory parties agree to adopt any amendment to the agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban county qualification period, and to submit such amendment to HUD as provided in the urban county qualification notice. A failure of any of the signatory parties to adopt such amendments will void the automafic renewal provision for such qualification period. This agreement shall remain in full force and effect from the date of execution and approval by HUD until the CDBG and Home funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. The consortium members are required to remain in the consortium and cannot terminate or withdraw during the entire period, unless HUD revokes the designation as a participating jurisdiction in accordance with 24 CFR 92.107. DATED thiS q day 2004 CTTY OF BAINBRIDGE ISLAND KITSAP COUNTYBOARD OF DARLENE OWY,MA PATTY C. D E. 4 INTERLOCAL COOPERATION AGREEMENT TO FORM CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT v CITY OF PORT ORCHARD JAN //r/v-{rt-lrt- KIMABEL, MAYOR CTTY OF POULSBO DONN BRUCE, MAYOR COMMISSIONER ; ,F, OPAL CCLNTY KITSAP h:\cdbg\contract\interloc.cit 5 fuJ r\,a v CBnUFICATIoN I hereby find that the terms and provisions of this Intergovernmental Agreement are fully authori2ed under State and local law, and that the Agreement provides full legal authority for the COUNTY to undertake or assist in undertaking essential community development and housing activities, specifically urban renewal and publicly assisted housing. RUSSELL D. HAUGE PROSECUTING ATTORNEY U \ By: Prosecuting Attorney 6 h : \cdb g\contract\interloc. c i t