Snohomish Co. CDBG ILASNOHOMISH COUNTY HOUSING AND COMMUNITY DEVELOPMENT
URBAN COUNTY CONSORTIUM
INTERLOCAL COOPERATION AGREEMENT
AMENDMENT 1
WHEREAS, Snohomish County, a political subdivision of the State of Washington (hereinafter
referred to as "County") and the City of Edmonds, a political subdivision of the State of
Washington "(hereinafter referred to as "unit of local government"), pursuant to the Interlocal
Cooperation Act of 1967, entered into an Interlocal Cooperation Agreement (hereinafter the
"Agreement" ) in 1999 together with other participating units of local governments in
Snohomish County for the Snohomish County Housing and Community Development Urban
County Consortium; and
WHEREAS, the purpose of the Agreement is to qualify as an Urban County for receipt of
Community Development Block Grant (hereinafter "CDBG"), HOME Investment Partnership
Program (hereinafter "HOME"), Emergency Solutions Grant Program (hereinafter "ESG") and
such other funds as may be available from the U.S. Department of Housing and Urban
Development as a result of the Urban County designation; and
WHEREAS, the original term of the agreement was for Federal Fiscal Years 2000, 2001, and
2002, and the Agreement has been automatically renewed for successive three-year terms
through the current term for Federal Fiscal Years 2012, 2013, and 2014 in order to maintain the
Urban County designation for receipt of CDBG, HOME, ESG and other grant funds; and
WHEREAS, in order to maintain the Urban County designation for receipt of CDBG, HOME,
ESG and other grant funds for Federal Fiscal Years 2015, 2016, and 2017, the U.S. Department
of Housing and Urban Development is requiring that the Agreement be amended to more clearly
delineate the fair housing and civil rights obligations to which urban counties and units of local
government are subject and to add a new requirement regarding the use of CDBG funds that was
placed in the Transportation, Housing and Urban Development, and Related Agencies
Appropriations Act, 2014, Pub. L. 113-76; and
WHEREAS, other minor revisions to the Agreement are necessary to meet the current
requirements for cooperation agreements in the Urban County Qualification Notice for Federal
Fiscal Years 2015, 2016, and 2017;
NOW, THEREFORE, the County, and the unit of local government, hereby agree as follows:
Section 1 of the Agreement is amended to read:
Each party authorizes the inclusion of its population and other demographic
characteristics for purposes of qualification of Snohomish County as an Urban County as
defined in the Act; joins together with all other participating units of general purpose
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local government to qualify Snohomish County as an Urban County for Community
Development Block Grant (hereinafter "CDBG"), HOME Investment Partnership
Program (hereinafter "HOME"), Emergency SaliEtions Grant Pro any hereinafter
`BSG"), and such other funds as may be available from the U.S. Department of Housing
and Urban Development as a result of the Urban County designation; agrees to cooperate
to undertake, or assist in undertaking, community renewal and lower income housing
assistance activities, specifically urban renewal and publicly assisted housing; and shall
take all necessary actions to carry out the provisions of the approved Snohomish County
Consolidated Plan. This agreement contemplates that identical agreements will be
executed between the County and other cities and towns in Snohomish County and that
the population and demographic data from those other cities and towns will further
enable the County to qualify for CDBG,-and-HOME, and ESG funding. Such other cities
and towns which enter into identical agreements are hereinafter referred to as
"participating units of local government."
2. Section 2 of the Agreement is amended to read:
Snohomish County, as the applicant and grant recipient entity, assumes full decision
making authority, including final funding award selections, policy making, and
preparation and filing of the Consolidated Plan and annual Action Plan with the U.S.
Department of Housing and Urban Development (hereinafter "HUD"), to carry out
activities funded from Federal Fiscal Year 2000, 2001, and 2002 appropriations for the
CDBG,-and HOME, and ESQ programs and any program income generated from the
expenditure of such funds, and also assumes all obligations of the applicant as provided
in the Act and the regulations promulgated thereunder.
3. Section 3 of the Agreement is amended to read:
Through the execution of this Agreement, the unit of local government understands and
acknowledges that it the State fe • GDB or -HOME funding
4..m ':.,d..fal iati n for the Federal Fiscal Years for which this Agreement is in
effect, it is not eligible to qpply for grants from Federal a ro riations under the State
CDBG Program; that it may only parlieipa+e in receive a formula allocation under the
HOME Program only through the Urban County; and that it may not participate in a
HOME Consortium except with Snohomish Countyandthat this does not preclude the
Urban County or the unit of local government from-qpplying to the State for HOME
funds if the state allows-, and that it ma receive a formula allocation under the ESG
Program only through the Urban County and that this does not preclude the Urban
County or the unit of local government ftam applying to the State for ESG funds if the
state allows.
4. Section 4 of the Agreement is amended to read:
Snohomish County and the unit of local government will take all required 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,
regarding Title V1 of the Civil Rights Act of 1964 the Fair Housing Act. and ineluding
the p evisions o f t -h Fair 1.4out ing et-, gffinnativel furtherin fair housin TVf
11 - - -- I of the Housing and Gernmunity
Develop a„A AO ef Y Both parties must comply with section 109 of Title I of the
Housing and. Community Development Act of 1974 which inco orates Section 504 of
the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and with other
applicable laws.
Section 5 of the Agreement is amended as follows:
Snohomish County shall not provide CDBG, or --HOME, or ESG funding in or in support
of any participating unit of local government that does not affirmatively further fair
housing within its own jurisdiction or that impedes the County's action to comply with
the County's fair housing certification.
6. Section 7 of the Agreement is amended as follows:
Pursuant to 24 CFR 570.501(b), the unit of local government is subject to the same
requirements applicable to subrecipients.8nehomish Count including the requirement of
cooperating through written agreement with Snohomish County as set forth in 24 CFR
570.503.
7. Section 14 of the Agreement is amended as follows:
This Agreement shall supersede all previous Urban County cooperation agreements and
shall remain in full force and effect from July 1, 2000 to June 30, 2003, or thereafter until
all CDBG,-and HOME, and ESG funds received by the unit of local government from the
County from Federal Fiscal Year 2000, 2001 and 2002 appropriations and any
subse uent qualification periods under this Agreement and all Program Income generated
by activities funded from those receipts are expended and all the activities assisted either
with the original receipts or the Program Income are completed. Neither party may
terminate or withdraw from this Agreement while this Agreement remains in effect as
provided herein and by the Act and Regulations. However, in the event that there is a
revision of the Act and/or the Regulations which would make this Agreement out of
compliance with the Act or Regulations, both parties will review this Agreement to
renegotiate those items necessary to bring the Agreement into compliance. Both parties
understand and agree that refusal to renegotiate this Agreement will result in the effective
termination of the Agreement as of the date it is no longer in compliance with the Act
and/or Regulations as amended.
Each party shall adopt gLny amendment to the Agreement incomorating clian es necessary
to meet the requirements for cooperation a reements set forth in an Urban Count
(Qualification Notice applicable for a subsequent three-year urban county qualification
period and to submit such amendment to HUD as provided in the urban count
glLalification notice._ Failure to comply with the requirements of this paragraph will void
the automatic renewal for such qualification period..
8. Section 15 of the Agreement is amended as follows:
At the end of the initial three year term, this Agreement shall automatically renew for an
additional three year term, and thereafter at successive three year intervals, unless and
until either of the parties gives Notice to the other, in the required manner, of its intention
to terminate the Agreement at the end of the current term. Such Notice must be given in
writing by a certain date that will be specified in instructions issued by HUD in advance
of each succeeding three year term. The County shall inform the unit of local government
in writing of that deadline date for Notice to terminate and its right not to participate, at
least 30 days in advance of said date. In the event Notice of intent to terminate is given,
the Agreement shall terminate after all CDBG HOME, and ESG funds received by
the unit of local government from the County from appropriations for the three Federal
Fiscal Years of that current term, and all Program Income generated by activities funded
from those receipts, are expended and all the activities assisted either with the original
receipts or the Program Income are completed.
9. The following Section 16 is added to the Agreement:
The unit of local government may not sell, trade, or otherwise transfer all or any portion
of such funds to another such metropolitan city, urban countL unit of local government,
or Indian tribe, or insular area that directly or indirectly receives CDB G funds in
exchange for any other funds, credits, or non -Federal considerations but must use such
funds for activities eligible under Title I of the Act pursuant to the Transportation,
Housing, and Urban Development, and Related Agencies Appropriations Act 2014, Put).
T,_ 113-76_
10. All other terms and conditions of the original Agreement remain in full force and effect.
[Signature Page Follows.]
IN TNESS IEREOF, the undersigned parties have executed this AGREEMENT, this
'ay of . 2014.
FOR Cuti'1t.oS ATTEST:
BY BY
TITLE TITLE C,7�j �LXrx
FOR SNOHOMISH COUNTY
BY
JRY HAAKENSON
TITLE Executive Director
APPROVED AS TO FORM:
A�W
r zoiY
ATTEST:
BY
TITLE
C;S
Return Ad re s:
j Grants Administration, MS 304
Snohomish County Planning and Development Services
3000 Rockefeller Ave.
Everett, WA 98201
111111MI Ulf)11a rru pr.l
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07/22/1999
P-0006 ?ECO cED (73.47 PM Snohomish
county
AUDITOR/RECORDER'S INDEXING COVER SHEET
,document title: Interlocal Cooperation Agreement
Grantor: City of Edmonds
Grantee: Snohomish County
&ferences) of QocumenAssI "e -sed: None
Legal description,: Not applicable
Assessor's Rrop Tax Parcel%ccount Num er: Not applicable
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SNOHOMISH COUNTY HOUSING AND COMMUNITY DEVELOPMENT
URBAN COUNTY CONSORTIUM
TNTERLQCAL COCIP?RATION ACR I Nr 1 NTT
WHEREAS, the Congress of the United States of America has declared that the nation's cities,
towns and smaller urban communities face critical social, economic, and environmental
problems, and has enacted the Housing and Community Development Act of 1974, as amended
(hereinafter "the Act") in response thereto; and
WHEREAS, the Act makes federal financial assistance available for:
1. Eliminating slums and blight, blighting influences and the deterioration of property in
neighborhood and community facilities of importance to the welfare of the community;
2. Eliminating conditions detrimental to health, safety and welfare of the public through
enforcement of regulatory standards, demolition, interim rehabilitation assistance and related
activities;.
3. Conserving and expanding the nation's housing stock so as to provide a decent home and
suitable living environment for every person and primarily those of low income;
4. Expanding and improving the quantity and quality of community services, principally for
persons of low income, which are essential for sound community development;
5. Utilizing land and other natural resources so as to afford the most rational and best
arrangement of the residential, commercial, industrial, recreational, and other needed activity
centers;
6. Reducing the isolation of income groups within communities and geographic areas by
promoting and increasing the diversity and vitality of neighborhoods through lessening
housing concentration of low income people and revitalizing deteriorating and deteriorated
neighborhoods;
7. Restoring and preserving property of special value for historic, architectural, or aesthetic
reasons;
8. Community revitalization in areas with population out -migration and/or stagnating or
declining tax base; and
9. Conserving the nation's scarce energy resources, improving energy efficiency, and the
providing of alternative and renewable energy source supplies; and
WHEREAS, the Act and the Regulations established thereunder (hereinafter "Regulations")
establish certain eligibility requirements for receipt of federal financial assistance; and
WHEREAS, Snohomish County may be eligible to receive federal financial assistance under
that Act as an "Urban County;" and
WHEREAS, the Interlocal Cooperation Act of 1967 (Chapter 39.34, Revised Code of
Washington) permits local governmental units to cooperate in a manner that will accord best with
geographic, economic, demographic and other factors influencing the development of local
communities;
NOW, THEREFORE, Snohomish County, a political subdivision of the State of Washington
(hereafter referred to as "County"), and the City of Edmonds, a political subdivision of the State
of Washington (hereafter referred to as "unit of local government"), pursuant to the Interlocal
Cooperation Act of 1967, in consideration of the promises and covenants hereinafter set forth,
agree as follows:
Each party authorizes the inclusion of its population and other demographic characteristics
for purposes of qualification of Snohomish County as an Urban County as defined in the
Act; joins together with all other participating units of general purpose local government to
qualify Snohomish County as an Urban County for Community Development Block Grant
(hereinafter "CDBG"), HOME Investment Partnership Program (hereinafter "HOME"), and
such other funds as may be available from the U.S. Department of Housing and Urban
Development as a result of the Urban County designation; agrees to cooperate to undertake,
or assist in undertaking, community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing; and shall take all necessary actions
to carry out the provisions of the approved Snohomish County Consolidated Plan. This
agreement contemplates that identical agreements will be executed between the County and
other cities and towns in Snohomish County and that the population and demographic data
from those other cities and towns will further enable the County to qualify for CDBG and
HOME funding. Such other cities and towns which enter into identical agreements are
hereinafter referred to as "participating units of local government."
2. Snohomish County, as the applicant and grant recipient entity, assumes full decision making
authority, including final funding award selections, policy making, and preparation and
filing of the Consolidated Plan and annual Action Plan with the U.S. Department of Housing
and Urban Development (hereinafter "HUD"), to carry out activities funded from Federal
Fiscal Year 2000, 2001, and 2002 appropriations for the CDBG and HOME programs and
any program income generated from the expenditure of such funds, and also assumes all
obligations of the applicant as provided in the Act and the regulations promulgated
thereunder.
3. Through the execution of this Agreement, the unit of local government understands and
acknowledges that it is not eligible to apply to the State for CDBG or HOME funding from
Federal appropriations for the Federal Fiscal Years for which this Agreement is in effect,
that it may only participate in the HOME Program through the Urban County, and that it
may not participate in a HOME Consortium except with Snohomish County.
4. Snohomish County and the unit of local government will take all required 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 the
provisions of the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 109 of
Title I of the Housing and Community Development Act of 1974, and other applicable laws.
Snohomish County shall not provide CDBG or HOME funding in or in support of any
participating unit of local government that does not affirmatively further fair housing within
its own jurisdiction or that impedes the County's action to comply with the County's fair
housing certification.
6. The County and the unit of local government have each adopted and are each enforcing a
policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individuals engaged in nonviolent 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 nonviolent civil rights
demonstrations within jurisdictions.
7. Pursuant to 24 CFR 570.501(b), the unit of local government is subject to the same
requirements applicable to Snohomish County including the requirement of cooperating
through written agreement with Snohomish County as set forth in 24 CFR 570.503.
8. A Policy Advisory Board is hereby established which shall advise the County Council and
Executive in matters of planning and administration of the Urban County program,
including preparation of the Consolidated Plan and annual Action Plan, establishing and
maintaining program management policies, and selecting among competing fiuiding
applications.
9. The Policy Advisory Board shall consist of the Snohomish County Executive (or his/her
designee); three (3) members of the Snohomish County Council; one (1) Mayor or Council
member to represent all participating units of local government whose population,
independently, is 10,000 or greater; one (1) Mayor or Council member to represent all
participating units of local government whose population, independently, is between 3,000
and 10,000; one (1) Mayor or Council member to represent all participating units of local
government whose population, independently, is less than 3,000; one (1) Mayor or Council
member to represent all participating units of local government at large; and one (1)
Snohomish County citizen selected and appointed by the other eight (8) members of the
Policy Advisory Board to serve ex officio as Chairperson of the Board. The four members
representing participating municipalities shall each be selected and appointed in a manner
agreed upon by the units of local government represented. Each Policy Advisory Board
member shall have one vote in the Board's proceedings, except that the ex officio
Chairperson shall vote only in the event of a tie.
10. The Policy Advisory Board shall adopt bylaws, hold public hearings, advise on public and
intergovernmental information and consultation processes, review and make
recommendations on proposed plans, priorities, and policies, and review and make
recommendations on proposed funding awards.
11. For the purpose of assisting in assessing funding applications for such characteristics as
community need, conformance with adopted plans and priorities, nature and extent of
benefit, financial or technical feasibility, or other factors bearing upon the merit of proposals
competing for funding, a Technical Advisory Committee is hereby established which shall
make recommendations to the Policy Advisory Board.
12. The Technical Advisory Committee shall consist of one (1) representative appointed by each
participating unit of local government; two (2) representatives of Snohomish County
appointed by the Snohomish County Executive; one (1) representative appointed by the
Housing Authority of Snohomish County; and eight (8) Snohomish County residents
appointed by the Policy Advisory Board to represent the following population groups: two
residents representing low-income persons; two residents representing handicapped persons;
two residents representing senior citizens; and two residents representing minority persons.
Each Committee member shall have one vote.
13. Awards of all funds administered by the County under this Agreement shall be executed by
written contractual agreements, in the form prescribed by the County, between the County
and the participating units of local government or other eligible public and private nonprofit
award recipients; and all activities receiving such financial assistance shall be carried out in
compliance with those agreements and with all other applicable laws and regulations.
14. This Agreement shall supersede all previous Urban County cooperation agreements and
shall remain in full force and effect from July 1, 2000 to June 30, 2003, or thereafter until all
CDBG and HOME funds received by the unit of local government from the County from
Federal Fiscal Year 2000, 2001 and 2002 appropriations and all Program Income generated
by activities funded from those receipts are expended and all the activities assisted either
with the original receipts or the Program Income are completed. Neither party may
terminate or withdraw from this Agreement while this Agreement remains in effect as
provided herein and by the Act and Regulations. However, in the event that there is a
revision of the Act and/or the Regulations which would make this Agreement out of
compliance with the Act or Regulations, both parties will review this Agreement to
renegotiate those items necessary to bring the Agreement into compliance. Both parties
understand and agree that refusal to renegotiate this Agreement will result in the effective
termination of the Agreement as of the date it is no longer in compliance with the Act and/or
Regulations as amended.
E
15. At the end of the initial three year term this Agreement shall automatically renew for an
additional three year term, and thereafter at successive three year intervals, unless and until
either of the parties gives Notice to the other, in the required manner, of its intention to
terminate the Agreement at the end of the current term. Such Notice must be given in
writing by a certain date that will be specified in instructions issued by HUD in advance of
each succeeding three year term. The County shall inform the unit of local government in
writing of that deadline date for Notice to terminate, at least 30 days in advance of said date.
In the event Notice of intent to terminate is given, the Agreement shall terminate after all
CDBG and HOME funds received by the unit of local government from the County from
appropriations for the three Federal Fiscal Years of that current term, and all Program
Income generated by activities funded from those receipts are expended and all the activities
assisted either with the original receipts or the Program Income are completed.
IN WITNESS WHEREOF, the undersigned parties have executed this AGREEMENT, this
15th day of July '1999.
FOR
TITLE
FOR SNOHOMISH COUNTY
BY
JOAN M. EARL
TITLE Deputy Executive
APPROVED AS TO FORM:
ATTEST:
TITLE e, rY G� I -S- y<
ATTEST:
BY C -n)
lti :hAlL�
TITLE Lyea-LhNj-t Admin. Nut
72