23-150.00SpokaneCountyCDBGCooperationAgreement Contract No.23-150.00
COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
AND RELATED FUNDS(HOME,ESG,AHTF)
THIS AGREEMENT,made and entered into by and between Spokane County(hereinafter called the County)
and the City of Spokane Valley(hereinafter called the City)this 6th day ofSeptember 2023.
WITNESS ETH
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 2024,2025,and 2026;
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:
I. The City may not apply for grants under the Small Cities or State CDBG Programs from
appropriations for fiscal years 2024,2025,and 2026,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 2024,2025,and 2026.
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4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal
fiscal years 2024,2025,and 2026 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, and the implementing
regulations at 24 CFR part 1,the Fair Housing Act, and the implementing regulations at 24 CFR
part 100,and affirmatively furthering fair housing pursuant to 24 CFR 91.225(a)and 24 CFR 5.151
and 5.152.This includes the obligation to comply with section 109 of Title I of the Housing and
Community Development Act of 1974,and the implementing regulations at 24 CFR part 6,which
Contract No.23-150.00
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
28 CFR part 35, the Age Discrimination Act of 1975,and the implementing regulations at 24 CFR
part 146, Section 3 of the Housing and Urban Development Act of 1968,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 will establish a City set-aside based on Washington States Office of Financial
Management's (OFM)April 1 Population Estimates pursuant to the level of CDBG, HOME, and
ESG funds appropriated to HUD.
11. The County and the City have agreed to implement additional administration improvements,
including adding participating cities' and towns' logos on all CDBG plans and other related
documents,and allowing key City staff access to applications for CDBG, HOME, and ESG projects
being considered for funding within the City for the purpose of viewing applications and preparing
a list of projects and proposed funding amounts for presentation to the City Council for
recommendations of support. The City's Council representatives to the Housing and Community
Development Advisory Committee(HCDAC)will communicate recommendations to the HCDAC
board, and recommendations will inform the City's HCDAC representatives during allocation
meetings. The County will also incorporate City Council's recommendations to amend the
Consolidated Plan.
12. The County is responsible for allocating CDBG, HOME, and ESG resources annually. Annual
resource allocations will be made following an Urban Consortium review and selection process as
approved by the Board of County Commissioners.
13. The County and City are subject to the same requirements applicable to CDBG subrecipients
pursuant to 24 CFR 570.501(b),including the requirement of a written agreement set forth in 24 CFR
570.503.
14. 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.
15. The City agrees to participate in the Regional Affordable Housing Trust Fund Program, which
authorizes the HCDAC to serve as the regional body for reviewing proposals,initiatives,and making
funding recommendations for Affordable Housing Trust Fund(2060)activities.
Contract No.23-150.00
16. The HCDAC will review CDBG, HOME, ESG, Affordable Housing Trust Fund (2060), and,
program policies, plans, and applicant funding proposals and recommend to the Board of County
Commissioners and,as may be deemed appropriate,the City Council,funding of applicant proposals.
17. The HCDAC will include a minimum of one representative appointed by the Mayor of the City and
approved by the Spokane County Board of Commissioners.Additional representatives will be added
based on the Washington States Office of Financial Management's (OFM) April 1 Population
Estimate,pursuant to the HCDAC By-Laws.
18. The Parties agree that the County shall not allocate,direct,or commit any portion of the City set-
aside of the entitlement funds covered as part of this agreement to any formal regional homeless
collaborative entity without prior approval of the City Council. In the event Spokane County elects
to participate in a regional homeless collaborative entity and the City Council does not agree to
allocate,direct,or commit any or all of the City set-aside of the entitlement funds covered as part of
this agreement to the regional homeless collaborative entity,Spokane County shall directly pass-
through all of the City's set-aside to the City consistent with Section 10 of this agreement plus the
proportionate funds allowed by HUD for administration.The Parties agree to negotiate appropriate
administrative responsibilities associated with HUD Entitlement funds consistent with the Parties'
respective responsibilities under this Agreement and all associated HUD requirements.
This Agreement is entered into this 6th day of September ,2023.
City of Spokane Valley Sp kane County
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Millman Mary
City Manager Chair,Spok County Board of ommissioners