068-22 - Resolution - Amendment to Contract 038-15 with Kitsap County for Urban Comm. DevelopmentDocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
RESOLUTION NO.068-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AMENDMENT TO CONTRACT 038-15, AN
INTERLOCAL AGREEMENT FOR URBAN COMMUNITY DEVELOPMENT PROGRAM
FUNDS WITH KITSAP COUNTY AND THE CITIES OF POULSBO AND BAINBRIDGE
ISLAND.
WHEREAS, Congress of the United States of America 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 Part 92, allowing
units of general local government to enter into mutual cooperation agreements to form a
consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME
Investment Partnership Program; and
WHEREAS, on March 11, 2015, the City of Port Orchard executed Contract 038-15, an
Interlocal Cooperation Agreement, KC-055-15, for the purposes of the Community Development
Block Grant Program and the HOME Investment Partnership Program, with Kitsap County and the
cities of Bainbridge Island and Poulsbo; and
WHEREAS, RCW Chapter 39.34, the Interlocal Cooperation Act, empowers local agencies to
work cooperatively to effectuate municipal purposes; and
WHEREAS, since the execution of the ILA, the City and its partners have continued to work
cooperatively to effectuate the purposes of the agreement; and
WHEREAS, the parties to the ILA desire to amend it to incorporate new statutory and
regulatory provisions that HUD requires be included in any agreements of this type, pursuant to
Urban County Requalification Notice CPD-22-07; and
WHEREAS, the City Council finds it is in the best interest of the City and its residents to
authorize the Mayor to execute the Amendment; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
/_IV-1IT91KOITI JI-Is
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 approves of and authorizes the Mayor to execute an
Amendment to Contract 038-15, an Interlocal Agreement (KC 055-15A), attached hereto
as Exhibit A and incorporated herein by this reference, in a form acceptable to the City
Attorney.
DocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
Resolution No. 068-22
Page 2 of 6
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 12t" day of July 2022.
EDocuSigned by:
jeabLYf Pu�MA&Wu�,
Robert Putaansuu, Mayor
DocuSigned by:
58137 f2d
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
KC-055-15A
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, HUD allows for amendments to existing agreements to include new provision(s) based
on statutory or regulatory changes, rather than drafting a new cooperation agreements, and it is
necessary to modify Section 2.3 of the existing agreement to include new provisions.
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 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, the Fair
Housing Act, section 109 of Title I of the Housing and Community Development Act of 1974, 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.
KC-055-15A Cities ILA
DocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
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, 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.
KC-055-15A Cities ILA
DocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
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 KITSAP COUNTY BOARD OF
COMMISSIONERS
JOE DEETS, MAYOR
DATE:
CITY OF PORT ORCHARD
DocuSigned by:
12etit, f POaatA,SW
ROB PUTAANSUU, MAYOR
DATE: 7/13/2022
CITY OF POULSBO
BECKY ERICKSON, MAYOR
DATE:
EDWARD E. WOLFE, CHAIR
CHARLOTTE GARRIDO, COMMISSIONER
ROBERT GELDER, COMMISSIONER
DATE:
ATTEST:
DANA DANIELS, CLERK OF THE BOARD
KC-055-15A Cities ILA
DocuSign Envelope ID: 912EA561-244F-418C-B630-AB2680F089A7
KC-055-15A Cities ILA