HomeMy WebLinkAboutComplete_with_DocuSign_Auburn_CDBG_HOME_ICA_ (1)AMENDMENT NO. 1 TO HOME INVESTMENT PARTNERSHIPS PROGRAM
INTERLOCAL COOPERATION AGREEMENT
This First Amendment to the Home Investment Partnerships Program Interlocal Cooperation
Agreement between the City of Auburn and King County (“Amendment No. 1” or the “First
Amendment”) is made by and between the City of Auburn (“the City”), and King County (“the
County”), both of which entities being a unit of general local government in the State of
Washington and which may be referred to hereinafter individually as a “Party” and collectively
as the “Parties.”
RECITALS
A. On 7/25/2014, pursuant to Ch. 39.34 RCW, the Parties entered that certain Interlocal
Cooperation Agreement Regarding the Community Development Block Grant Program
(the “Agreement”).
B. As acknowledged by the Agreement, the area encompassed by unincorporated King
County and all participating cities has been designated by the United States Department
of Housing and Urban Development (“HUD”) as an urban county for the purpose of
receiving Community Development Block Grant (“CDGB”) funds, as administered under
the Housing and Community Development Act of 1974 (the “Act”).
C. Signatory jurisdictions to the Agreement are CDBG Consortium Partners for purposes of
the Agreement and the Act.
D. Under the Agreement and pursuant to the Act, King County is responsible to the federal
government for all activities undertaken with CDBG funds and for ensuring that all
CDBG assurances and certifications King County is required to submit to HUD under the
Annual Action Plan are met.
E. Urban counties are periodically required to requalify for their entitlement status under
CDGB and related federal programs.
F. Under Notice CPD-23-02, issued by HUD April 10, 2023, and setting forth instructions
for continuing qualification for participating urban counties in the CDBG program for
Fiscal Years 2024-2026, all existing urban counties are required to have incorporated in
their cooperation agreements certain required language regarding fair housing and civil
rights obligations.
G. The Agreement does not contain all the required language regarding fair housing and
civil rights obligations.
H. Under Notice CPD-23-02, urban counties have the option of drafting a separate
amendment to their existing cooperation agreements with signatory jurisdictions that
DocuSign Envelope ID: B4665B75-E00F-4385-A229-076CB3728730
include the required language rather than drafting a new cooperation agreement that
contains the provisions.
I. The purpose of this First Amendment is to expressly state the required language
regarding fair housing and civil rights obligations and to memorialize the attendant
obligations as though set forth in the Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. The foregoing recitals are true and correct in all respects and are incorporated hereby as if
fully set forth herein.
2. Section 10 of the Agreement is hereby amended and restated in its entirety as follows:
“The County and City agree to cooperate to undertake, or assist in undertaking, community
renewal and lower-income housing assistance activities, funded from annual CDBG, ESG
and HOME Program funds, from recaptured funds and from any program income generated
from the expenditure of such funds. These activities include the provision of decent
housing, homeless assistance, and a suitable living environment and economic
development opportunities, principally for persons with very low to moderate incomes.
The County and City shall (i) take all actions necessary to assure compliance with the
County’s certification under Section 104(b) of Title I of the Housing and Community
Development Act of 1974, (ii) assure that all CDBG grants will be conducted and
administered in conformity with Title VI of the Civil Rights Act of 1964, the implementing
regulations at 24 CFR part 1, the Fair Housing Act, and the implementing regulations at 24
CFR part 100, and (iii) affirmatively furthering fair housing as defined and in accordance
with 24 CFR 5.151 and 5.152 and the implementing regulations at 24 CFR part 8, 24 CFR
part 35 and 24 CFR part 146.”
3. Except as specifically provided for in this First Amendment, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
4. Any capitalized terms not defined in this First Amendment shall have the meanings given
them in the Agreement.
5. This First Amendment shall be effective as of the date it has been executed by both
Parties.
6. This First Amendment may be executed in counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 1 to the Agreement as of the date set forth below their
signatures.
City of Auburn
King County
_________________________________ __________________________________
Name: Nancy Backus
Date:
Title: Mayor
Attest:___________________________
Name: Shawn Campbell
Title: City Clerk
For King County Executive
By: Simon P. Foster
Title: Division Director
Housing, Homelessness and Community
Development
Department of Community and Human
Services
Approved as to Form: Approved as to Form:
_____________________________
___________________________________
Harry Boesche, City Attorney Ryan W. Ridings, King County Senior Deputy
Prosecuting Attorney
DocuSign Envelope ID: B4665B75-E00F-4385-A229-076CB3728730
7/28/2023
7/28/2023
8/2/2023
8/2/2023
8/9/2023