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14-112 Cooperation Agreement for CDBG Funding SPOT -1-,_ 7 Coui'tjY_ CHRISTINE BARADA COMMUNITY SERVICES,HOUSING,AND COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR July 15, 2014 Mr.Mike Jackson City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Mr. Jackson: Enclosed is your copy of the fully executed Urban County Consortium Requalification Cooperation Agreement. Also enclosed is a copy of the Spokane County Board of Commissioners Resolution 2014- 0564, which authorizes Spokane County to enter into an agreement with cities and towns for participation in the Community Development Block Grant and HOME Program Entitlement Consortium for the federal fiscal years 2015, 2016, and 2017. If you have any questions about either of these documents please don't hesitate to call. I can be reached at 477-2588. We look forward to our continued partnership in helping provide decent affordable housing, suitable living environments, and expanding economic opportunities for low-income persons and families within Spokane County. Thank you. Sincerely, ' jt/Y\A: /41. I /) _ i 0 I° Tami Landsiedel Secretary 2 tpl Enclosures: 2 312 WEST 8TH AVENUE • 4TH FLOOR • SPOKANE, WA 99204 A PHONE:(509)477-5722 • FAX:(509)477-6827 • RELAY SERVICE OF WA: 1-800-833-6384 WWW.SPOKANECOUNTY.ORG 0,0l'+-112- No. 2O114-O5& BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON APPROVE EXECUTION OF COOPERATION ) AGREEMENTS WITH PARTICIPATING UNITS OF ) GOVERNMENTS IN ORDER TO SUBMIT URBAN ) RESOLUTION COUNTY QUALIFICATION DOCUMENTS TO HUD ) FOR COMMUNITY DEVELOPMENT BLOCK GRANT ) (CDBG), HOME INVESTMENT PARTNERSHIP ) (HOME) PROGRAM, AND FOR PARTICIPATION IN ) REGIONAL AFFORDABLE HOUSING TRUST FUND ) AND REGIONAL HOMELESS PROGRAMS ) WHEREAS, the Board of County Commissioners of Spokane County, pursuant to the provisions of RCW Section 36.32.120(6), has the care of County property and the management of County funds and business; and WHEREAS, the powers and authority of counties to undertake or assist in undertaking essential community development and housing activities is set forth in RCW 35.21.735 and RCW 39.34; and WHEREAS,the United States Department of Housing and Urban Development(HUD)has the authority to make available to counties, funds for community development purposes pursuant to various federal laws including CFR Title 24, Chapter V,Part 570(Community Development Block Grants);and WHEREAS, Spokane County, a political subdivision of the State of Washington, and the cities and towns of the County, which are municipal corporations of the State of Washington, jointly have the authority under RCW 39.34 to enter into interlocal cooperation agreements for the purpose of cooperating in the delivery of essential community development and housing activities and implementation of the federal Community Development Block Grant and HOME Investment Partnership Programs; and WHEREAS, certain incorporated cities and towns of Spokane County are eligible for and desire to participate in the County Consortium for the purpose of applying for Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Affordable Housing Program funding from Spokane County;and WHEREAS, in accordance with the U.S. Department of Housing and Urban Development (HUD) regulations, in order to permit the population of the participating cities and towns to be counted as part of the population of Spokane County for the purpose of determining entitlement eligibility status and funding levels, Spokane County and the cities and towns must enter into cooperation agreements; and WHEREAS, Resolution No. 8-0483, dated May 20, 2008, established a set-aside of Community Development Block Grant Funds as a condition of the City of Spokane Valley participating in Spokane County's requalification as an urban county and that set-aside is still in effect for federal fiscal years 2015,2016, and 2017; and 1 WHEREAS, cooperation agreements also incorporate requirements for proper administration of Regional County Homeless Program (Homeless Housing Assistance Act—2163, 1359, and 2331 funds) and Regional Affordable Housing Trust Fund Program(2060 funds); and NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Board of County Commissioners of Spokane County that the agreements of cooperation with the incorporated cities and towns of Airway Heights, Cheney,Deer Park,Fairfield,Latah,Liberty Lake,Medical Lake,Millwood,Rockford, Spangle, Spokane Valley and Waverly for inclusion in Spokane County's CDBG Entitlement Program, in accordance with the U.S. Department of Housing and Urban Development requirements, as stated in HUD's CPD Notice 14-07, issued on April 25, 2014, and for participation in the Regional County Homeless Program and Regional Affordable Housing Trust Fund Program, are approved and that the Chair of the Board of County Commissioners or a majority of the Board are the official representatives of Spokane County and are authorized to approve the agreements of cooperation. PASSED AND ADOPTED this OM day of ,L 4 2014. • "`,,‘ BOARD OF COUNTY COMMISSIONERS o0 °Oissr���� OF SPOKANE COUNTY,WASHINGTON 410/ ..- , , 't AL FRENC , •LIR — Ili % •'.,SEAL,. . �' 1%% -WE C a ATTEST: ��`,� TODD MIELKE,VICE-CHAIR , \ . . ir,...... .... , _ ,,,,,,, VV-3 i Daniela Erickson : LLY O'•611i , COMMISSIONER Clerk of the Board r 2 I COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND RELATED FUNDS (HOME,AHTF,HHAA) THIS AGREEMENT, made and entered into by and between Spokane Co my (hereinafter called the County)and the City of Spokane Valley(hereinafter called the City)this/ ay of�� , 2014. WITNESSETH WHEREAS, pursuant to 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, Spokane County is entitled to receive Community Development Block Grant (CDBG) funds for federal fiscal years 2015, 2016, and 2017; and 'WHEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon the population of other CDBG eligible applicant cities and towns which by this Agreement elect to participate in the CDBG and HOME Entitlement Program with the County; and WHEREAS, the purpose of this Cooperation Agreement, which is entered into pursuant to, and in accordance with the State Interlocal Cooperation Act, RCW 39.34 is to plan for, and administer the CDBG Program and the HOME Investment Partnership Program(HOME). NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder,the parties agree as follows: 1. The City may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years 2015, 2016, and 2017,the years during which the City is participating in the Spokane County CDBG and HOME Program. 2. The City may not participate in a HOME consortium except through Spokane County, regardless of whether Spokane County receives a HOME formula allocation. 3. The Spokane County urban county qualification period is federal fiscal years 2015, 2016, and 2017. 4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal fiscal years 2015, 2016, and 2017 are expended and the funded activities are completed. The County and the City may not terminate or withdraw from this Agreement while the Agreement remains in effect. 5. The County and the City agree to cooperate to undertake, or assist in undertaking, community renewal and lower-income housing assistance activities. 6. The County and the City will take all actions necessary to assure compliance with the urban county's certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. This includes the obligation to comply with section 109 of Title I of the Housing and Community Development Act of 1974,which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, as well as obligation to comply with other applicable laws. • 7. The County will not use CDBG or HOME funding for activities in, or in support of a City that does not affirmatively further fair housing within the City's jurisdiction or that impedes the County's actions to comply with the County's fair housing certification. 8. The City has adopted and is enforcing: a) 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, b) 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. 9. The County and the City will not obstruct the implementation of the approved Consolidated Housing and Community Development Plan and subsequent Annual Action Plan(s) during the period covered by this Agreement. 10. The County has final responsibility for selecting CDBG and HOME activities and annually filing the Consolidated housing and Community Development Annual Action Plan and the Consolidated Annual Performance and Evaluation Report with the U.S. Department of Housing and Urban Development. 11. The County and City are subject to the same requirements applicable to CDBG subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 12. The County and City may not sell, trade, or otherwise transfer all or any portion of such funds to another such metropolitan city, urban county, unit of general local government, or Indian tribe, or insular area that directly or indirectly receives CDBG 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. 13. The City agrees to participate in the Regional County Homeless Program and Regional Affordable Housing Trust Fund Program, both which authorize Spokane County's Housing and Community Development Advisory Committee(HCDAC)to serve as the regional body for reviewing proposals, initiatives, and making funding recommendations for Affordable Housing Trust Fund (2060) and Homeless Housing Assistance Act(HHAA-2163, 1359, and 2331)activities. 14. The Spokane County's Housing and Community Development Advisory Committee will review CDBG, HOME, Affordable Housing Trust Fund (2060), and Homeless Housing Assistance Act (HHAA - 2163, 1359, and 2331) program policies, plans, and applicant funding proposals and recommend to the Board of County Commissioners funding of applicant proposals. 15. The Spokane County's Housing and Community Development Advisory Committee will include a representative of the City appointed by the Spokane County Board of Commissioners in consultation with the Mayor and/or Council of the City. This Agreement is entered into on this /� day of /f ,2014 by: City of Spokane Valley Spokane County 40,/ _ _ Mike Jacks./ Al French City Manager Chair, Spokane County Board of Commissioners