HomeMy WebLinkAboutC20170287 Interlocal Agreement SKAGIT COUNTY
Contract # C20170287
Page 1 of 27
INTERLOCAL COOPERATION AGREEMENT
TO ESTABLISH A HOME CONSORTIUM AND RECEIVE FUNDS
UNDER THE NATIONAL AFFORDABLE HOUSING ACT
FOR THE PROGRAM YEARS 2018 THROUGH 2020
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,
Lynden, Lyman, 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 governments (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
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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 Consortium and as a HOME grant funding
application. The Consortium will develop a Consolidated Plan by May 15,
2018.
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 Members 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.
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E. "Member" means an 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 term of this Agreement shall be for the qualification period ending
June 30, 2021 and includes federal fiscal years 2018, 2019 and 2020. This
agreement will auto renew for successive qualification periods as outlined in
the renewal section below. The agreement will remain in effect until HOME
funds from each federal fiscal year of the agreements specified qualification
period and each successive qualification period for which the agreement is
renewed, are expended on eligible activities.
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. Renewal: This agreement shall automatically be renewed for the Consortium's
participation in successive qualification periods of three federal fiscal years
each. No later than the date specified by HUD's consortia designation notice or
HOME Consortia web page, the Lead Entity shall notify each Consortium
Member in writing of its right to decide not to participate in the Consortium for
the next qualification period and the Lead Entity shall send a copy of each
notification to the HUD Field Office.
If a Consortium Member decides not to participate in the Consortium for the
next qualification period, the Consortium Member shall notify the Lead Entity,
and the Lead Entity shall notify the HUD Field Office, before the beginning of
the new qualification period. If a consortium member decides not to participate
in the consortium the Lead Agency will notify the HUD Field Office prior to
the beginning of the new qualification period.
The consortium will adopt any amendment to the agreement that is necessary
to meet HUD requirements for consortia agreements in successive qualification
periods.
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The Lead Agency will submit to the HUD Field Office a statement of whether
or not any amendments have been made to the agreement, a copy of each
amendment, and, if the consortium's membership has changed, the state
certification required under 24 C.F.R. 92.101(a)(2)(i).
The auto renewal provision will be void if the Lead Agency fails to notify a
consortium member of its right not to participate for the next qualification
period or the Lead Agency fails to submit a copy of each amendment to the
agreement as required.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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
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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 program year covered by
this agreement.
I. 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.
J. 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.
K. 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
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
Ply.
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
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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 be 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.
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
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A. Resolution: The Members shall adopt a resolution for their unit of local
government that authorizes the automatic renewal of this agreement for
successive qualification periods.
B. Action Plan/Consolidated Plan Submissions: The Members shall provide
input that will assist the Lead Agency with the preparation of a Consolidated
Plan.
C. 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.
D. 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.
E. 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.
F. 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
in HUD regulations.
G. Eligibility Review and Compliance Monitoring: Each member that receives
pass-through HOME funds under terms to be specified in a HOME
Subrecipient agreement shall provide monitoring 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 to the Agreement on behalf of all Members to add new Members to the
Consortium.
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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;
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DATED this ICI day of 3(o,-C_ , 2017.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY, WASHINGTON
126)3A-M/17-e4Prr\._
Ron Wesen, Chair
ABSENT
Kenneth A. Dahlstedt, Commissioner
Attest: Lisa Janicki, Co issioner
Gy_
Clerk of the Board
For contracts under$5,000:
Authorization per Resolution R20030146
Recommended: County Administrator
i'muhi /YhztJtL2
Department ad
Approved as to form:
- I\CDcSzSIDl ��
Civil Deputy Prosecuting Attorney
Approved as to indemnification:
Risk anager
Approved as to budget:
Budget& Finance ire
DATED this day of ?%lei ,2017.
CITY OF ANACORTES
Mayor Laurie (iere
DATED this day of , 2017.
CITY OF BLAINE
City Manager David Wilbrecht
DATED this day of , 2017.
CITY OF BURLINGTON
Mayor Steve Sexton
DATED this day of ,2017.
TOWN OF CONCRETE
Mayor Jason Miller
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this 4day of 71 '`- ,2017.
CITY OF BLAINE,AlY
s `(
City Manager David Wilbrecht
Three-County HOME Consortium Interlocal Cooperation Agreement
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DATED this day of 2017.
CITY OF ANACORTES
Mayor Laurie Oere
DATED this day of ,2017.
CITY OF BLAINE
City Manager David Wilbrecht
1-11
DATED this f day of "`11 / ,2017.
CITY OF BURLINGTON
9
Mayor Ma ex tCYa S
DATED this day of ,2017.
TOWN OF CONCRETE
Mayor Jason Miller
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DA]EI) this day of ,2017.
CITY OF ANACORTES
Mayor Laurie (iere
DATED this day of , 2017.
CITY OF BLAINE
City Manager David Wilbrccht
DATED this day of , 2017.
CITY OF BURLINGTON
Mayor Steve Sexton - -----------.�_
DATED this day of 6 tx , 2017..
TOWN,_OFCONCRAFF,
\ � i
Mayor Jason Miller
Three-County I-IO;ME Consortium drall Interlocal Cooperation Agreement
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DATED this day of 2017.
TOWN OF COUPE VILLE
/
- -
ayor Molly litigh&s- ;
DATED this day of 2017.
CITY OF EVERSON
Mayor John Perry
DATED this day of 2017.
CITY OF FERN DALE
Mayor Gary Jensen
DATED this day of .2017.
CITY OF HAMILTON
Mayor Joan (
Three-County HOME. Consortium draft Interlocal Cooperation Agreement
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DATED this day of , 2017.
TOWN OF COUPEVILLE
Mayor Nancy Conard
DATED this 3rd day of Mal , 2017.
CITY OF EVERSO
Mayor oh e
DATED this day of , 2017.
CITY OF FERNDALE
Mayor Gary Jensen
DATED this day of ,2017.
CITY OF HAMILTON
Mayor Joan Cromley
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this day of . 2017.
TOWN OF COUPEVILLE
Mayor Nancy Conard
DATED this day of , 2017.
CITY OF EVERSON
Mayor John Perry
DATED this day of .t.\az. • 2017.
CITY
Ma r Jo ehler
DATED this day of . 2017.
CITY OF HAMILTON
Mayor Joan Cromley
Three-County HOME Consortium Interlocal Cooperation Agreement
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DATED this day of ,2017.
TOWN OF COUPEVILLE
Mayor Nancy Conard
DATED this day of , 2017.
CITY OF EVERSON
Mayor John Perry
DATED this day of , 2017.
CITY OF FERNDALE
Mayor Gary Jensen
DATED this Crday of M Ct.l , 2017.
CITY OF HAMILTON
di 0
C11\ Lb
aRlanCroQrley
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this i.a- day oQ Y\t , 2017.
ISLAND COUNTY
C un Comm' sites Jill s I Chg.
DATED this day of , 2017.
TOWN OF LA CONNER
Mayor Ramon Hayes
•
DATED this_ day of , 2017.
CITY OF LANGLEY
Mayor Tim Callison
DATED this day of , 2017.
CITY OF LYMAN
Mayor Debra Heinzman
Three-County HOME Consortium draft Interlocal Cooperation Agreement
Page 11of13
DATED this day of ,2017.
ISLAND COUNTY
County Commissioner Jill Johnson
DATED this 25th day of April,2017.
TQW1 F LA CONN R
174j
Mayor Ramon Hayes
DATED this day of ,2017.
CITY OF LANGLEY
Mayor Fred McCarthy
DATED this day of ,2017.
CITY OF LYMAN
Mayor Debra Heinzman
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this day of , 2017.
ISLAND COUNTY
County Commissioner Jill Johnson
DATED this day of , 2017.
TOWN OF LA CONNER
Mayor Ramon Hayes
DATED this day of ifiZA.tf. , 2017.
CITY OF LANGLEY
Mayor Tim Callison
DATED this day of , 2017.
CITY OF LYMAN
Mayor Debra Heinzman
Three-County HOME Consortium draft Interlocal Cooperation Agreement
Page 11 of 13
DATED this day of , 2017.
ISLAND COUNTY
County Commissioner Jill Johnson
DATED this day of , 2017.
TOWN OF LA CONNER
Mayor Ramon Hayes
DATED this day of , 2017.
CITY OF LANGLEY
Mayor Fred McCarthy
DATED this 16th day of May,2017.
CITY OF LYMAN
U4447N-(1)
Mayor Edward E Hills
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this 25 day of , 2017.
CITY OF LYNDEN
krilke:o
Mayor Scott Korthuis
DATED this day of , 2017
CITY OF MOUNT VERNON
Mayor Jill Boudreau
DATED this day of , 2017.
CITY OF NOOKSACK
Mayor James S. Ackerman
DATED this day of , 2017
CITY OF OAK HARBOR
Mayor Scott Dudley
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DATED this day of , 2017.
CITY OF LYNDEN
Mayor Scott Korthuis
DATED this"L"C day of MI" , 2017
CITY OF MOUNT VERNON
Meir Jill Boudreau
DATED this day of ,2017
CITY OF NOOKSACK
Mayor James S. Ackerman
DATED this day of , 2017
CITY OF OAK HARBOR
Mayor Scott Dudley
Three-County HOME Consortium Interlocal Cooperation Agreement
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DATED this day of ,2017.
CITY OF LYNDEN
Mayor Scott Korthuis
DATED this day of , 2017
CITY OF MOUNT VERNON
Mayor Jill Boudreau
7 ')
DATED this /? day of (A rl / ,2017
CITY OF NOOKSACK
gal4l,1411-A.
yor S. Ackerman
DATED this day of ,2017
CITY OF OAK HARBOR
Mayor Scott Dudley
Three-County HOME Consortium draft Interlocal Cooperation Agreement
Page 12 of 13
DATED this day of ,2017.
CITY OF LYNDEN
Mayor Scott Korthuis
D.A'l I::D this day of 2017
CITY OF MOUNT VERNON
Mayor Jill Boudreau
DATED this day of . 2017
CITY OF NOOKSACK
Mayor James S. Ackerman
DATED this .{ day of 1 _1 E' 201 7
CITY C) K HA OR
Mayor Bob Severn~
I hrec-( minty 110ti11. ('onsortium draft Interloc:tl cooperation Agrecment
Page 12 of I
DATED this 11441 day of I 2017
CITY OF SUMAS
Ma? ll/ 17#,.
Bob mley
DATED this day of , 2017
WHATCOM COUNTY
Whatcom County Executive Jack Louws
Three-County HOME Consortium draft Interlocal Cooperation Agreement
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DEPARTMENT APPROVAL
t r
Anne De''''l
V /
con, Human Services Manager Date
• -• ,..A L943L----Sie-- jia#J'7
Reg i I-lahunt, Director Date
WHATCOM COUNTY
JACK LOUW
County Exec 've
STATE OF WASHINGTON )
COUNTY OF WHATCOM )
On this / 7-. d-ay of ,2017, before me personally appeared Jack Louws,to
me known to be the Executive of Whatcom County and who ex uted the above instrument and who acknowledged to me the act of
signing and sealing thereof.
OL—A---a-12,v,-, C __Cl.../-\4.A.A.,.._
\,�.•`Qk,\....:,.:''y:;, -,r NOTARY PUBLIC in and for
4� 5 5 ` ' a,o�.)' :the State of Washington,
o�oTAR).?°'. residing at Bellingham.
.' i U Ate• \c' 40 S. Q6.&01_,
(11%. o UM- �0, ;,,,9, y Commission expires.
,, y s-2s-2o , o
�/��'",0F WAS\so\,\
�hsrrri i i i i uwo
APPROVED AS TO FORM
Royce Buckin a Prosecuting Attorney