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4448
KITSAP CO/BAINBRIDGE ISLAND/PORT ORCHARD/POULSBO
Home Consortium - 2005-2007
CDBG
LEG 12-1
01/01/2005
12/31/2007
02/15/2009
01/01/2009
INTERLOCAL COOPERATION AGREEMENT
BETWEEN KITSAP URBAN COUNTY AND THE CITY OF BREMERTON
TO FORM A HOME CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING
ACT
PROGRAM YEARS 2005-2007 AND AS HEREIN RENEWED
This agreement is entered into between the City of Bremerton, (hereinafter the "City"), a Washington
Municipal Corporation, and Kitsap Urban County (hereinafter the "County"), pursuant to the
Interlocal Cooperation Act, chapter 39.34 RCW. Kitsap County Urban County includes Kitsap
County, and the cities of Bainbridge Island, Port Omhard and Poulsbo, all Washington Municipal
Corporations, pursuant to a separate interlocal agreement among those entities. This agreement will
become effective upon adoption by the pa~ties and will continue until terminated as provided herein.
I. RECITALS
A. WHEREAS, the Congress of the United States of America has enacted the National Affordable
Housing Act, HOME Investments in Affordable Housing Program, 42 U.S.C. Sec. 12721 (hereinafter
the Act) as implemented 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 Parmership Program (HOME Program); and
B. WHEREAS, the purpose of the HOME program per 24 CFR Section 92.1 is to strengthen public-
private partnerships through the allocation of funds among eligible state and local governments and to
expand the supply of decent, safe, sanitary, and affordable housing for low and very low income
Americans.
C. WHEREAS, it is found that the above listed objectives are pertinent to the concerns and needs of
the COUNTY and of the CITY; and
D. WHEREAS, eligibility for HOME Investment Partnership funds is based upon criteria similar to
the criteria for eligibility for Urban County designation for CDBG funds: and
E. WHEREAS, Kitsap County and the Cities of Bainbridge Island, Port Orchard and Poulsbo have
requested Urban County status under the CDBG Program and the City of Bremerton qualifies as a
separate entitlement under the CDBG program; and
F. WHEREAS, Kitsap County and the Cities of Bainbridge Island, Port Orchard and Poulsbo have
entered into a separate Interlocal Agreement forming a consortium under the Home Program, which
agreement designates Kitsap County as the representative member to administer the Urban County's
HOME and CDBG programs; and
G. WHEREAS, COUNTY shall administer the HOME program as well as the Urban County CDBG
program and the CITY will administer its own CDBG program. Both of these programs will be
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included in the County Consortium Consolidated Plan; and
H. WHEREAS, the COUNTY agrees to delegate to the Kitsap Regional Coordinating Council
(hereinafter referred to as "KRCC") decision making authority as defined herein regarding the
Consolidated Plan, as the KRCC was established to have regional oversight, representation and
authority on certain issues affecting all of Kitsap County; and
I. WHEREAS, the signatory political subdivisions to this agreement have determined that obtaining
funding under the HOME Program will increase their ability to provide affordable housing for their
low and moderate income residents, and
J. WHEREAS, the Department of Housing and Urban Development has specified the minimum
provisions which must be included within any intergovernmental agreement for the cooperating
govemmental bodies to qualify for Urban County eligibility.
NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits
received hereunder, the parties agree as follows:
Il. DEFINITIONS
A. "Member" means a unit of local government which is a signatory to this agreement and therefore
of the consortium for the purpose of canying out eligible activities under 24 CFR Part 92.
B. "Representative member" means the unit of local government designated hereafter as the one
member to act in a representative capacity for all members for the purpose of this agreement ("lead
entity"). The Representative Member will assume overall responsibility for ensuring that the
consortium's HOME Program is carded out in compliance with the requirements of 24 CFR Part 91
and 92, the housing objectives of the CITY and COUNTY as adopted in the Consolidated Plan, and
will assume responsibility for the requirements concerning the Consolidated Plan.
III. ACTIVITIES
A. The signatory parties agree to cooperate in undertaking, or assist in undertaking, housing
assistance activities for the HOME Investment Partnership Program in compliance with the
Consolidated Plan.
B. The signatory parties agree to jointly pursue and identify match requirements.
C. The signatory parties agree to take affirmative action to further fair housing in their jurisdictions.
Such actions may include planning, education and outreach, and enforcement components.
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IV. ADMINISTRATION
A. COUNTY will be designated as the Representative Member and agrees to carry out such overall
responsibilities with the cooperation o£the CITY in accordance with 24 CFR 92.101 as set forth
herein
B. COUNTY will administer both the Urban County's Community Development Block Grant
Program and HOME Investment Partnership Program. The CITY will administer its Community
Development Block Grant Program separately.
C. COUNTY, as the Representative Member, shall manage the entire HOME allocation on behalf of
the consortium, as set forth herein.
D. COUNTY agrees to carry out eligible activities in accordance with and to generally follow the
requirements of 24 CFR Part 92.
E. CITY is responsible for submitting in a timely manner to the Representative Member all
information necessary for participation in the consortium as defined in 24 CFR Part 92. This includes
all information necessary for the Consolidated Plan, the HOME program description and certifications
(24 CFR 92.150), and performance reports. The Consolidated Plan Annual Performance Report,
HOME Annual Performance Report, and the Annual Consolidated Plan information shall be provided
to the COUNTY by the dates specified by the COUNTY.
F. KRCC shall have decision making authority over areas specific to the Urban County's CDBG
Program as well as its portion o£the HOME allocation. The COUNTY, as administrative agency for
the HOME Program and the Urban County's CDBG Program, will be responsible for providing staff
support to KRCC in relation to these programs. The CITY shall have decision-making authority over
areas specific to its CDBG entitlement as well as its portion of the HOME allocation.
G. The COUNTY is responsible for submitting the Consolidated Plan to the Department of Housing
and Urban Development. Development of the Consolidated Plan will require the participation of
citizens and organizations as well as input from the CITY. The CITY will provide specific
information concerning its housing and non-housing activities as well as its action plan relating to
HOME and CDBG activities to the COUNTY to be included in the Consolidated Plan.
H. The COUNTY agrees to adopt and implement the HOME projects as approved by the KRCC and
the CITY provided such projects are consistent with the HOME Program requirements as set forth in
the applicable Code of Federal Regulations,
I. Funds received by the Kitsap County HOME Consortium will be allocated between the COUNTY
and the CITY based on a proration of the HOME allocation as established by the Federal allocation
formula for the year or the most recent formula if a current year formula has not been established.
The percentage of distribution between the COUNTY and the CITY shall be as determined in HUD's
HOME Consortia Participating Members Percentage Report for each federal fiscal year. Provided,
however, that if the federal allocation is reduced due solely to one Party's program activities, the Party
that caused the reduction in funds shall have its allocation reduced accordingly.
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1. CITY agrees to set aside up to 5% of CITY's allocation for
reimbursement to COUNTY of COUNTY's actual costs for
administration of the CITY's portion of the HOME Program.
2. CITY will retain and control program income generated from its HOME
proration to utilize for HOME projects in accordance with applicable federal
regulations.
V. TERlVl OF THIS AGREEMENT
A. This agreement shall remain in full force and effect from the date of execution and approval by
HUD for the period necessary to carry out all activities that will be funded for three federal fiscal
years: 2005, 2006 and 2007 and for such future fiscal years as this agreement is automatically
renewed.
B. The program year start date for the Urban County and the City of Bremerton CDBG programs as
well as the HOME consortium HOME program is January 1, 2005, concluding December 31, 2007
except as herein renewed.
C. This agreement shall automatically be renewed at the end of each three-year qualification period,
unless changes to the agreement are required by HUD that would require the execution of a new
agreement, or if the COUNTY or CITY provides written notice that it elects not to participate in thc
new qualification period. A copy of this notice must be sent to the HUD Field Office. The
COUNTY, by the date specified in HUD's urban County qualification notice, shall notify the CITY of
its right not to participate in the new qualification period. A copy of this notice must be sent to the
HUD Field Office by the date specified in the urban county qualification schedule in Section II.
D. The signatory parties agree to adop~ any amendment to the agreement incorporating changes
necessary to meet the requirements for cooperation agreements set forth in an Urban County
Qualification Notice applicable for a subsequent three-year qualification period, and to submit such
amendment to HUD as provided in the urban county qualification notice. A failure of any of the
signatory parties to adopt such amendment will void the automatic renewal provision for such
qualification period.
E. The consortium members are required to remain in the consortium and cannot terminate or
withdraw during the entire period.
this c~ day of P~ ,2004.
DATED
CITY OF BREMERTON KITSAP COUNTY BOARD OF
Cary~~iii~~-~ty~'Bozeman, Mayor COMMISSIONERS, as Representa. tive
Jan An~J~ Commissioner (~
Ci~mey ~'
~srE~drese~,'Commissioner
Opal Robert's~, Clerk Kitsap County
6/4/99
CERTIFICATION
I hereby find that the terms and provisions of this Intergovernmental Agreement are fully authorized
under State and local law, and that the Agreement provides full legal authority for the COUNTY to
undertake or assist in undertaking essential community development and housing activities,
specifically urban renewal and publicly assisted housing.
RUSSELL D. HAUGE
PROSECUTING ATTORNEY
Lffhi~p B~c~'s, I~ty~rose"-cuting Attorney ~-