HomeMy WebLinkAbout032-25 - Resolution - Amending ILA with Kitsap County for Urban County DevelopmentDocusign Envelope ID: 3921C272-5060-40DA-AB6B-A6C6A42D9EB3
RESOLUTION NO. 032-25
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AN AMENDMENT TO THE INTERLOCAL AGREEMENT FOR URBAN COUNTY
COMMUNITY DEVELOPMENT PROGRAM FUNDS BETWEEN KITSAP COUNTY
AND THE CITIES OF BAINBRIDGE ISLAND, PORT ORCHARD, AND POULSBO.
WHEREAS, in 2015, the City of Port Orchard entered into an Interlocal Agreement with
Kitsap County and partner cities for the purposes of participating in the Community Development
Block Grant Program and the HOME Investment Partnership Program, to access CDBG funds; and
WHEREAS, the Agreement was amended in 2022, and a further amendment is requested
to update signatory authority language and to include a new provision required by the U.S.
Department of Housing and Urban Development (HUD); and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents
to authorize the Mayor to execute the required Amendment, and continue to partner with these
agencies for this funding; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute the Amendment to the Interlocal
Agreement with Kitsap County, and the cities of Bainbridge Island and Poulsbo, attached
hereto as Exhibit A and incorporated herein by this reference, and in a form approved by
the City Attorney.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both
Port Orchard and Kitsap County, the City Clerk is directed to post a copy of this
Agreement on the City's website as required by law.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 27t"S�pybpf May 2025.
,gorno2GZFF84,1n
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Docusign Envelope ID: 89D32DE3-7170-40FD-B3E4-2F126781 El FA
KC -055-15-B
AMENDMENT TO
INTERLOCAL COOPERATION AGREEMENT FOR URBAN COUNTY COMMUNITY
DEVELOPMENT PROGRAM FUNDS BETWEEN KITSAP COUNTY AND THE CITIES
OF BAINBRIDGE ISLAND, PORT ORCHARD AND POULSBO
WHEREAS, 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 previously
entered into an Interlocal Cooperation Agreement, KC -055-15, for the purposes of the Community
Development Block Grant Program and the HOME Investment Partnership Program.
WHEREAS, the Agreement was signed by Kitsap County on February 23, 2015, City of Bainbridge
Island on February 24, 2015, City of Poulsbo on March 11, 2015, and City of Poulsbo on March 4,
2015 and became effective upon adoption by the parties and will continue until terminated as
provided herein.
WHEREAS, the Agreement was amended, KC -055-15A, and signed by Kitsap County on July 25,
2022, City of Bainbridge Island on July 29, 2022, City of Port Orchard on July 13, 222, and City of
Poulsbo on August 2, 2022.
WHEREAS, HUD allows for amendments to existing agreements to include new provision(s) based
on statutory or regulatory changes, rather than drafting a new cooperation agreement, and it is
necessary to add Section 1.8 authorizing the mayors to sign the Agreement on behalf of their
municipality, modify Section 2.3 and 2.5 of the existing agreement to include updated language,
and add Section 2.8 to include a new required provision.
WHEREAS the County and the Cities agree to the modifications of such Agreement.
NOW THEREFORE, in consideration of the mutual benefits contained herein, the Interlocal
Cooperation Agreement is hereby modified as follows:
SECTION 1. RECITALS
Addition of new section:
1.8 WHEREAS, the Mayor of each of the cities is authorized to execute this Agreement on their
Municipality's behalf.
Renumbering of existing section:
2.0 NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual
benefits received hereunder, the parties agree as follows:
KC -055-15-B Cities ILA
Docusign Envelope ID: 89D32DE3-7170-40FD-B3E4-2F126781 El FA
SECTION 2. ACTIVITIES
Delete:
2.3 The signatory parties agree that they will take all actions necessary to assure compliance with
the 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, and the
implementing regulations at 24 CFR part 1, the Fair Housing Act, and the implementing regulations
at 24 CFR part 100, section 109 of Title I of the Housing and Community Development Act of 1974,
and the implementing regulations at 24 CFR part 6 including 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 24 CFR part 35, the Age Discrimination Act of 1975, and
the implementing regulation at 24 CFR part 147, Section 3 of the Housing and Urban Development
Act of 1968, and other 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 that
impedes the county's actions to comply with the county'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 Department.
Replace with:
2.3 The signatory parties agree that they will take all actions necessary to assure compliance with
the 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, and the
implementing regulations at 24 CFR part 1; the Fair Housing Act (Title VIII of the Civil Rights Act
of 1968), and the implementing regulations at 24 CFR part 100, and the duty to affirmatively further
fair housing (AFFH); 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 24 CFR part 35; the Age
Discrimination Act of 1975, and the implementing regulation at 24 CFR part 146; Section 3 of the
Housing and Urban Development Act of 1968; and other 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 that impedes the county's actions to comply with the county'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 Department.
Delete:
2.5 The signatory parties understand, that by executing the CDBG cooperation agreement, they:
(a) 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
(b) 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 allocation, the participating unit of local government cannot form a
HOME consortium with other local governments.
KC -055-15-B Cities ILA
Docusign Envelope ID: 89D32DE3-7170-40FD-B3E4-2F126781 El FA
Replace with:
2.5 The signatory parties understand, that by executing the Interlocal Cooperation Agreement,
they:
(a) 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
(b) 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 allocation, the participating unit of local government cannot form a
HOME consortium with other local governments. This does not preclude the
Urban County or the Municipality from applying for HOME from the State, if
the State allows.
Addition of new section:
2.8 The signatory parties understand and agree that they may not sell, trade, or otherwise transfer
all or any portion of the CDBG funds to a Metropolitan City, Urban County, unit of general local
government, or insular area that directly or indirectly receives CDBG funds in exchange for any
funds, credits, or non -Federal considerations, but must use such funds for activities eligible under
Title I of the Housing and Community Development Act of 1974, as amended.
KC -055-15-B Cities ILA
Docusign Envelope ID: 89D32DE3-7170-40FD-B3E4-2F126781 El FA
THIS AMENDMENT constitutes the entire amendment to the agreement between the County
and the Cities. All other terms and conditions of the Interlocal Cooperation Agreement remain in
effect.
THIS AMENDMENT is effective when signed by all parties.
CITY OF BAINBRIDGE ISLAND
BLAIR KING, City Manager
DATE:
Approves As To Form:
City Attorney
C )nQ . PORT ORCHARD
ROB PUTAANSUU, Mayor
KITSAP COUNTY BOARD OF
COMMISSIONERS
CHRISTINE ROLFES, Chair
ORAN ROOT, Commissioner
KATHERINE T. WALTERS, Commissioner
DATE:
ATTEST:
DANA DANIELS, Clerk of the Board
CITY OF POULSBO
BECKY ERICKSON, Mayor
6/2/2025
DATE: DATE:
AAs To Form:
ear25s2ea57...
City Attorney
KC -055-15-B Cities ILA
Approves As To Form:
City Attorney