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HomeMy WebLinkAboutC20140290 Interlocal Agreement INTERLOCAL COOPERATION AGREEMENT TO ESTABLISH A HOME CONSORTIUM AND RECEIVE FUNDS UNDER THE NATIONAL AFFORDABLE HOUSING ACT FOR THE PROGRAM YEARS 2015 THROUGH 2017 This Interlocal Cooperation Agreement (hereinafter Agreement) is entered into by and between Skagit County (hereinafter Lead Agency), and Anacortes, Blaine, Burlington, Concrete, Coupeville, Everson, Ferndale, Hamilton, Island County, La Conner, Langley, Lyman, Lynden, Mount Vernon, Nooksack, Oak Harbor, Sumas, Whatcom County (hereinafter Members) for the purpose of establishing a regional HOME Consortium to receive and administer federal funds under the HOME Investment Partnership Program. This Agreement will become effective upon adoption by the Members and approval by the U.S. Department of Housing and Urban Development (HUD). RECITALS WHEREAS, the three-county region has a shortage of homes that lower-wage workers and other low-income people can afford, using thirty percent of gross household income for housing costs; and WHEREAS, cooperation among local governments supports existing local efforts aimed at reducing homelessness and increasing the supply of homes lower-wage workers and others can afford to lease or own; and WHEREAS, the federal government offers funding and technical assistance aimed at increasing the supply of decent, safe and affordable housing available to low- income and very-low-income families, including the HOME Investment Partnerships Program(HOME Program) created in the National Affordable Housing Act of 1990 (NAHA), as implemented by HUD through regulations at Title 24, Code of Federal Regulations, Part 92 (HOME regulations); and WHEREAS, HOME regulations allow a group of contiguous units of general local government (UGLGs) to organize as Members that establish a HOME Consortium for the purposes of obtaining HOME grant funding from HUD that will assist in improving the supply of decent, safe and affordable homes for low-income people and will strengthen partnerships among all levels of government and the private sector; and WHEREAS, the Members have determined that obtaining HOME grant funding will increase their ability to assist with efforts to end homelessness and for the provision of affordable homes for residents with incomes at or below sixty percent of the area median income; and WHEREAS, the Members are not individually eligible to obtain an allocation of HOME grant funding from HUD; however, the Members can cooperate to establish a HOME Consortium that will be eligible to obtain an allocation of HOME grant funding from HUD; and WHEREAS,the Members have determined that it will be mutually beneficial and in the public interest to enter into this Interlocal Cooperation Agreement to establish a HOME Consortium in order to become eligible for HOME grant funding; and WHEREAS, the Interlocal Cooperation Act in Chapter 39.34 of the Revised Code of Washington permits local governments to enter into agreements to cooperate for beneficial purposes and these purposes can include regional cooperation to establish a HOME Consortium; and WHEREAS,HOME regulations specify the topics and content that Members must include in an interlocal cooperation agreement that establishes a HOME Consortium, and the HOME regulations require that the HOME Consortium Members select one Member to act as Lead Agency for all Members in communications with HUD and as the HOME grant recipient on behalf of the Consortium; and WHEREAS, Skagit County has offered to serve as the Lead Agency on behalf of the Members that enter into an interlocal cooperation agreement for the purpose of implementing a regional HOME-funded program to enhance cooperation among local jurisdictions to increase the availability of resources available to local governments to address the housing-related problems of lower-income people and to implement local Plans to End Homelessness; and WHEREAS,the Lead Agency has offered to administer such federal funds for itself and on behalf of the Members; NOW THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the Members mutually agree to the following terms and conditions. 1. DEFINITIONS For the purpose of this Agreement,the terms defined in this section have the meanings given to them: A. "Consolidated Plan"is a HUD required document that serves as a planning and budgeting document for the HOME Consortium and as a HOME grant funding application. The Consortium will develop a Consolidated Plan by May 15, 2015. B. "Consortium"means the Members and Lead Agency acting together pursuant to this Agreement. C. "HOME Regulations"means the rules,regulations and guidelines promulgated pursuant to the NAHA, including but not limited to 24 CFR Parts 91 and 92,as amended. D. "Lead Agency"means Skagit County, designated by the iviembers as the unit of general local government to act in a representative capacity for all Members for the purpose of entering into a HOME grant agreement with HUD. E. "Member"means a unit of general local government that is a signatory to this Agreement and therefore becomes a Member of the Consortium. F. "Subrecipient"means a Member who carries out HOME-funded activities after entering into a separate written agreement with the Lead Agency. 2. PURPOSE The purpose of this Agreement is to establish a HOME Consortium that will be eligible for HOME grant funds to increase the Members' ability to assist in the provision of housing affordable for low-income residents. 3. AGREEMENT A. Term: The initial term (also known as "qualification period")of this Agreement shall be for a period with an end date of June 30,2018 that includes the federal fiscal years 2015, 2016 and 2017, with funding potentially becoming available after June 30,2015. Members agree to participate for the term of this agreement and may choose to opt out of future agreements. B. Execution: This Agreement shall be executed by the appropriate officers of each Member and the Lead Agency pursuant to authority granted them by their respective governing bodies, and a copy of the authorizing resolutions and executed Agreement shall be filed promptly at the offices of the Lead Agency. C. Consolidated Plan: The Lead Agency is responsible for preparing and submitting the Consolidated Plan to HUD. The Members shall cooperate in the preparation of the Consolidated Plan by providing input during the preparation of the Consolidated Plan and by assisting the Lead Agency in holding any required public meetings during the preparation of the Consolidated Plan. D. Program Administration: Skagit County, as Lead Agency,agrees to have decision-making authority regarding the Consolidated Plan and implementation,as well as oversight and authority on issues affecting the Consortium activities. The Lead Agency will be entitled to up to ten percent of the HOME Consortium grant allocation,as well as up to ten percent of program income, for eligible planning and administrative costs. The Lead Agency will provide staff support for a HOME Consortium Advisory Committee that will assist with preparation of the Consolidated Plan,project selection criteria,and selection of recommended projects for HOME funding agreements. E. Allocating HOME Program Funding: The annual allocation of HOME program funds will be based on the recommendation from the HOME Consortium Advisory Committee and adopted in the Consolidated Plan and its annual Action Plan. F, HOME Consortium Advisory Committee: An Advisory Committee shall be created for the purpose of identifying the general activities and priorities to be undertaken by the Consortium with HOME grant funds. Each Member may appoint a representative to serve on the Advisory Committee. The Advisory Committee will also participate in the development of the Consolidated Plan, establish decision-making procedures for the Consortium, serve in an advisory capacity for the programs and projects funded with HOME expenditures, make recommendations to the Lead Agency's governing body,and provide advice for the successful implementation of the Consolidated Plan and the HOME Consortium's programs. G. Matching Funds: No Member will be required to accept HOME grant funds, and no matching funds will be required of a Member that does not enter into a separate written agreement for HOME-funded activities. Members shall be responsible for providing matching funds for any HOME pass-through grant funds allocated to and accepted for use by that Member under terms to be specified in a HOME Subrecipient agreement. No matching funds will be required from a Member that does not enter into a HOME Subrecipient agreement. Matching funds shall be reported to the Lead Agency,in a format to be determined by the Lead Agency,by the end of each federal fiscal year of this agreement. H. Affirmatively Furthering Fair Housing: The Lead Agency and the Members agree to affirmatively further fair housing with all HOME Consortium funds under this Agreement in compliance with 24 CFR 92.350. Each Member that enters into a HOME Subrecipient agreement will be responsible for compliance with HUD regulations and, if applicable, for their own preparation and submission to HUD of an Analysis of Impediments to Fair Housing Choice. The Members agree that funding activities will be prohibited if a Member does not affirmatively further fair housing within its jurisdiction or impedes actions intended to comply with the Consortium's fair housing certification. The Members acknowledges noncompliance by a Member may provide cause for funding sanctions or remedial actions by HUD. I. Program Income: Program Income as defined at 24 CFR 92.2 generated by a Member will be held by each Member in a separate account specific to the HOME Program. Program Income will be used first before any additional HOME funds are drawn or requested for reimbursement,and appropriate documentation of the receipt and use of program income will be provided to the Lead Agency in a format to be determined by the Lead Agency and as required for reporting to HUD. J. Indemnification: Each Member agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents,or employees to the fullest extent required by law, and further agrees to save,indemnify, defend, and hold the other Members of .t the Consortium harmless from such liability. It is further provided that no liability shall attach to Skagit County as Lead Agency by reason of entering into this agreement except as expressly provided herein. The Members of the Consortium agree to reasonably cooperate in the event litigation is brought against one or more of the Members pursuant to this Agreement by any third party. 4. LEAD AGENCY RESPONSIBILITIES A. Responsibilities: The Lead Agency will be the governmental entity required to execute all grant agreements for HOME funds received from HUD pursuant to the Consortium's request for HOME funds. The Lead Agency will thereby become and will be held by HUD to have full responsibility for the execution of the HOME Program in compliance with HOME rules, including the requirements of the Consolidated Plan. The Lead Agency will be responsible for leading the development of the Consortium's Consolidated Plan with an annual Action Plan component and for required administrative functions such as reporting on the activities of the Consortium and serving as the liaison between HUD and Consortium Members, for meeting the requirements of other applicable laws, and for the performance of the HOME-funded activities including the HOME-funded projects and activities to be conducted by the Subrecipients. B. Pass-through Grant Funds: The Lead Agency shall monitor the performance of any Member that receives pass-through HOME funds and will hold a Member jurisdiction accountable,under terms to be specified in HOME Subrecipient agreement, for compliance with the requirements set forth in HUD regulations. C. Administrative Activities for the Consortium: The Lead Agency agrees to provide administrative functions for the Consortium, and specific administrative tasks include,but are not limited to, coordinating the public participation process, developing necessary forms and implementation agreements with Members that receive pass-through HOME funds,drafting program descriptions, notices of funding availability and requests for proposals, confirming that a Subrecipient is not debarred from federal funds, providing technical assistance to project sponsors, confirming compliance of funded projects as specified in a HOME Subrecipient agreement,and preparing required reports. D. Administrative Activities for Members: The Lead Agency's administrative obligations to the Members shall be limited to the performance of the administrative and program tasks necessary to make HOME funds available to the Members under terms to he specified in HOME Subrecipient agreements and to provide reporting to HUD on the various projects funded with HOME funds under provisions to be specified in HOME Subrecipient agreements. c E. Reporting Requirements: The Lead Agency will require Subrecipients with HOME-funded activities or projects to provide the Lead Agency with HOME Program activity reports including information about program income, if any, derived from the HOME-funded activities. F. Communication: The Lead Agency will be responsible for communicating periodically,at least once per quarter,to each Member and other interested parties,providing a Consortium status report,an update on prior communications, and requests for feedback and input on pertinent topics. Additional communication protocol will be established during the development of the Consolidated Plan. 5. MEMBERS' RESPONSIBILITIES A. Action Plan/Consolidated Plan Submissions: The Members shall provide input that will assist the Lead Agency with the preparation of a Consolidated Plan. B. Reporting Requirements: If a Member receives any HOME funds under terms to be specified in a HOME Subrecipient agreement,the Member shall prepare and submit to the Lead Agency for consolidation into a combined report the following reports, if applicable,for submission to HUD according to applicable deadlines: Analysis of Impediments to Fair Housing,Citizen Participation Plan,Minority Business Enterprise/Women's Business Enterprise reports, federal cash transaction reports,and annual HOME Consolidated Action Plan Evaluation Report(s)(CAPER)as well as preparing and submitting any other reporting requirements that are required by HUD. C. Lead Agency and Member Cooperation: The Lead Agency shall cooperate and work with each Member that receives any HOME pass-through funds under terms to be specified in a HOME Subrecipient agreement for activities to be conducted or performed within the Member's jurisdiction during the Federal Program Years this Agreement is in effect. D. Disallowed Expenditures: Each Member that receives pass-through HOME funds under terms to be specified in a HOME Subrecipient agreement shall assume full responsibility for repayment of HOME funds for all expenditures made by their jurisdictions that are disallowed by HUD. E. Eligible Expenditures: Each Member that receives pass-through HOME funds under terms to be specified in a HOME Subrecipient agreement shall assume overall responsibility for ensuring their projects related to the Consortium's HOME Program are carried out in compliance with the requirements set forth L. u rVll l regulations. . F. Eligibility Review and Compliance Monitoring: Each member that receives pass-through HOME funds under terms to be specified in a HOME A Subrecipient agreement shall provide monitoring of the compliance of projects funded with HOME funds to ensure that they comply with applicable Federal laws and regulations including property standards. 6. SPECIAL PROVISIONS A. Amendments: All amendments to this Agreement must be in writing and signed by all Members except that the Lead Agency shall have authority to amend the Agreement on behalf of all Members to add new Members to the Consortium. B. Severability: Invalidation of any one or more of the provisions of this Agreement shall in no way affect any of the other provisions thereof,which shall remain in full force and effect. C. Financial Obligations of the Parties: Each party's financial obligations under this Agreement are contingent upon appropriation,budgeting,and availability of specific funds to discharge those obligations. Nothing in this Agreement constitutes a debt,a direct or indirect multiple fiscal year obligation,a pledge of the credit of either party,or a payment guarantee by either party to the other party.No Member incurs any financial obligation unless it later signs a HOME Subrecipient agreement. IN WITNESS THEREOF,the undersigned Members have executed this Agreement: DATED this .Z3 day of JU.,►-, ,2014. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON ,PV-e6.121. Ron`yesen,Chair ivL �f 0 / I �i Kenneth A.Dahlstedt,Commissioner Attest: Sharon D. Dillon,Commissioner Clerk of the Board Recommended: 151 partment ad A 114PV Approved as to form: kcyf t 4 /-;)4:(-f) Civil Deputy Prosecuting Attorney Approved as to indemnification: Ara � 6f7/iy s Approved as to budget: Budget&Finance Dire r 9 DATED this :2/ day of 14 ,2014. CITY OF ANACORTES 614' 4ayor Laurie Gem' DATED this day of ,.2014. CITY OF BLAINE City Manager David Wilbrecht DATED this day of ,2014. CITY OF BURLINGTON Mayor Steve Sexton DATED this day of .2014. TOWN OF CONCRETE Mayor Jason Miller DATED this day of ,2014. TOWN OF COUPEVILLE Mayor Nancy Conard DATED this day of , 2014. CITY OF ANACORTES Mayor Laurie Gere DATED this ! 62 day of , 2014. I Y OF BLAINE W I City Manager David Wilbrecht DATED this day of , 2014. CITY OF BURLINGTON Mayor Steve Sexton DATED this day of _ , 2014. TOWN OF CONCRETE Mayor Jason Miller DATED this day of 2014. TOWN OF COUPEVILLE Mayor Nancy Conard DATED this day of _. 2014. CITY OF ANACORTES Mayor Laurie Gere DATED this day of ,2014. CITY OF BLAINE City Manager David Wilbrecht DATED this 161- day of 3-EA,yv j , 2014. CITY OF BURLINGTON M or Steve Sexton DATED this day of . 2014. TOWN OF CONCRETE Mayor Jason Miller DATED this day of , 2014. TOWN OF COUPEVILLE Mayor Nancy Conard DATED this day of ,2014. CITY OF ANACORTES Mayor Laurie Gere DATED this day of ,2014. CITY OF BLAINE City Manager David Wilbrecht DATED this day of ,2014. CITY OF BURLINGTON Mayor Steve Sexton DATED this E( day of ,2014. TOWN OF CO E • j?1/4/1 Mayor Jason Miller DATED this day of ,2014. TOWN OF COUPEVILLE Mayor Nancy Conard DATED this day of ,2014. CITY OF ANACORTES Mayor Laurie Gere DA I'bD this day of ,2014. CITY OF BLAINE City Manager David Wilbrecht DATED this day of ,2014. CITY OF BURLINGTON Mayor Steve Sexton DATED this day of ,2014. TOWN OF CONCRETE Mayor Jason Miller DATED this 0,2(v day of e1he,i ) ,2014. TOWN} OF COU]PEVIILLE l/ &irí 0,4•0(- Pvlayor 4anc Conard DATED this i 6 t4lay of e , 2014. CITY OF EVERSON Mayor John Perry DATED this day of ,2014. CITY OF FERNDALE Mayor Gary Jensen DATED this day of , 2014. CITY OF HAMILTON Mayor Joan Cromley DATED this day of ,2014. ISLAND COUNTY County Commissioner Jill Johnson DATED this day of ,2014. TOWN OF LA CONNER Mayor Ramon Hayes DATED this day of ,2014. CITY OF EVERSON Mayor John Perry DATED this 10 day of JUN.r., ,2014. CITY OF FERNDALE __Ffi „,2 4 Mayor Gary Jensen DATED this day of 2014. CITY OF HAMILTON Mayor Joan Cromley DATED this day of ,2014. ISLAND COUNTY County Commissioner Jill Johnson DATED this day of ,2014. TOWN OF LA CONNER Mayor Ramon Hayes DATED this day of ,2014. CITY OF EVERSON Mayor John Perry DATED this S 3 day of IA , 2014. CITY OF FERNDALE Mayor Gary Jensen DATED this day of ,2014. CITY OF HAMILTON er Mayor Joan Cromley DATED this day of ,2014. ISLAND COUNTY County Commissioner Jill Johnson DATED this day of , 2014. TOWN OF LA CONNER Mayor Ramon Hayes DATED this day of ,2014. CITY OF EVERSON Mayor John Perry DATED this day of ,2014. CITY OF FERNDALE Mayor Gary Jensen DATED this day of ,2014. CITY OF HAMILTON Mayor Joan Cromley !� DATED this AO--day of -(t��L- ,2014. ISLAND COUNTY County Commissioner Jill Johnson DATED this day of )2014. TOWN OF LA CONNER Mayor Ramon Hayes DATED this day of ,2014. CITY OF EVERSON Mayor John Perry DATED this day of ,2014. CITY OF FERNDALE Mayor Gary Jensen DATED this day of ,2014. CITY OF HAMILTON Mayor Joan Cromley DATED this day of ,2014. ISLAND COUNTY County Commissioner Jill Johnson DATED this Pi day of ji/" ,2014. T OF2,A CONNER Mayor Ramon Hayes DATED this '23fh day of A ,2014. CITY 0 LANGLEY Mayor Fred MeCart y DATED this day of — .2014. CITY OF LYMAN Mayor Debra Heinzman DATED this day of .2014. CITY OF LYNDEN Mayor Scott Korthuis DATED this day of ,2014. CITY OF MOUNT VERNON Mayor Jill Boudreau DATED this day of , 2014. CITY OF NOOKSACK Mayor James S. Ackerman DATED this day of ,2014. CITY OF LANGLEY Mayor Fred McCarthy DATED this day of ,2014. CITY OF LYMAN Mayor ebra He vnan DATED this day of ,2014. CITY OF LYNDEN Mayor Scott Korthuis DATED this day of , 2014. CITY OF MOUNT VERNON Mayor Jill Boudreau DATED this day of ,2014. CITY OF NOOKSACK Mayor James S.Ackerman Dated this day of , 2014 City of Lynden Mayor Scott Korthuis Dated this day of , 2014 City of Mount Vernon Mayor Jill Boudreau Dated this day of , 2014 City of Nooksack Mayor James S. Ackerman Dated this day of , 2014 City of Oak Harbor Mayor Scott Dudley Resolution No.904 Page 12 of 13 June 16,2014 DATED this day of ,2014. CITY OF LANGLEY Mayor Fred McCarthy DATED this day of ,2014. CITY OF LYMAN Mayor Debra Heinzman DATED this day of ,2014. CITY OF LYNDEN Mayor Scott Korthuis DATED this go today of � LI {) �— ,2014. CITY OF MOUNT VERNON J1 M Jill Boudreau DATED this day of ,2014. CITY OF NOOKSACK Mayor James S.Ackerman DATED this day of ,2014. CITY OF LANGLEY Mayor Fred McCarthy DATED this day of ,2014. CITY OF LYMAN Mayor Debra Heinzman DATED this day of , 2014. CITY OF LYNDEN Mayor Scott Korthuis DATED this clay of , 2014. CITY OF MOUNT VERNON Mayor Jill Boudreau 1 DATED this 1day of a/,i) ,2014. CI OF NOOKSACK ayor James S. Ackerman DATED this day of ,2014. CITY OF OAK HARBOR ayor loft Dudley DATED this day of ,2014. CITY OF SEDRO-WOOLLEY Mayor Mike Anderson DATED this day of .2014. CITY OF SUMAS Mayor Bob Bromley DATED this day of ,2014. WHATCOM COUNTY Whatcom County Executive Jack Louws DATED this day of ,2014. CITY OF OAK HARBOR Mayor Scott Dudley DATED this day of ,2014. CITY OF SEDRO-WOOLLEY Mayor Mike Anderson DATED this f'7 day of ,(n,( ,2014. CITY OF SUMAS Ma Bob o ley DATED this _day of ,2014. WHATCOM COUNTY Whatcom County Executive Jack Louws DATED this day of ,2014. CITY OF OAK HARBOR Mayor Scott Dudley DATED this day of ,2014. CITY OF SEDRO-WOOLLEY Mayor Mike Anderson DATED this day of ,2014. CITY OF SUMAS Mayor Bob Bromley DATED this /(o day of ,2014. WHATCOM NTY Whatcom C ty Executive ck Louws