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Home My WebLink AboutRES 4507CITY OF RENTON, WASHINGTON RESOLUTION NO. 4507 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO THE SECOND AMENDMENT TO THE JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY AND KING COUNTY. WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act"), as amended, makes Community Development Block Grant ("CDBG") funds available to King County for expenditure in three-year funding cycles; and WHEREAS, by Resolution No. 4220 (July 7, 2014), the City entered into a consortium with King County and other participating jurisdictions ("CDBG Consortium"), pursuant to and authorized by the National Affordable Housing Act of 1990, as amended, 42 USC 12701, et. seq and 24 CFR Part 92 for purposes of the HOME Investment Partnerships Program ("HOME Program"), and to cooperate in undertaking HOME Program activities; and WHEREAS, the CDBG Consortium Interlocal Agreement ("CDBG Agreement") was entered into pursuant to and in accordance with the Interlocal Cooperation Act, RCW 39.34, for planning the distribution and administration of CDBG, HOME Program, and other federal funds received from HUD; and WHEREAS, by Resolution No. 4505 (August 7, 2023), the City entered into the First Amendment to the CDBG Agreement to memorialize federal civil rights and fair housing requirements which were consistent with the administrative practices of the CDBG Consortium; and 1 RESOLUTION NO. 4507 WHEREAS, the City and King County remain committed to targeting CDBG and HOME Program funds to ensure benefits for very low to moderate -income persons as defined by the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in order to maintain access to federal funding, HUD requires the CDBG Agreement to expressly state fair housing and civil rights obligations, which remain consistent with the administrative practices of the CDBG Consortium. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into the Second Amendment to the Joint Interlocal Agreement Regarding the Community Development Block Grant Program Between the City and King County, attached as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL the 18th day of September, 2023. APPROVED BY THE MAYOR this 18th day of September, 2023 Approved as to fawn: Shane Moloney, City Attorney RES-EHHS:1952:09.07.2023 vone, Mayor r IIIII#Ppoffr of REN A i * SEAL Z ��i� 9Pp �gN111\\N\ '� `d7= RESOLUTION NO. 4507 EXHIBIT "A" SECOND AMENDMENT TO THE JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY OF RENTON AND KING COUNTY 3 DocuSign Envelope ID: 67703F7B-F41B-4170-AE3A-3E73DCFD8EC8 SECOND AMENDMENT TO THE JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE CITY OF RENTON AND KING COUNTY This Second Amendment to the Joint Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program between the City of Renton and King County ("Amendment No. 2" or the "Second Amendment") is made by and between the City of Renton ("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 Joint Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program (the "Agreement"), subsequently amended by that certain First Amendment to the Interlocal Cooperation Agreement Regarding the Community Development Block Grant Program (the "First Amendment"). 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. Second Amendment to Joint Interlocal Agreement Page 1 of 4 DocuSign Envelope ID: 67703F7B-F41B-4170-AE3A-3E73DCFD8EC8 G. The Agreement does not contain all the required language regarding fair housing and civil rights obligations and the First Amendment contained certain material omissions in incorporating such required language. 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 include the required language rather than drafting a new cooperation agreement that contains the provisions. I. The purpose of this Second 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 I 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 federal fiscal years 2024, 2025 and 2026 appropriations, 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 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, and assure the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and will affirmatively further fair housing. See 24 CFR § 91.225(a) and Affirmatively Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10, 2021), at 24 CFR 5.151 and 5.152. The City and County shall 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 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 Second Amendment to Joint Interlocal Agreement Page 2 of 4 DocuSign Envelope ID: 67703F7B-F41B-4170-AE3A-3E73DCFD8EC8 14 implementing regulation at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968 and all other applicable laws." 3. The First Amendment is hereby null and void. 4. Except as specifically provided for in this Second Amendment, all other provisions of the Agreement shall remain unchanged and in full force and effect. 5. Any capitalized terms not defined in this Second Amendment shall have the meanings given them in the Agreement. 6. This Second Amendment shall be effective as of the date it has been executed by both Parties. 7. This Second 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. [SIGNATURE BLOCKS ON FOLLOWING PAGE] Second Amendment to Joint Interlocal Agreement Page 3 of 4 DocuSign Envelope ID: 67703F7B-F41B-4170-AE3A-3E73DCFD8EC8 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Second Amendment to the Agreement as of the date set forth below their signatures. City of Renton Name: Armondo Parvone Date: Title: Mayor Attest: Name: Jason Seth Title: City Clerk Approved as to Form: M. Patrice Kent, Sr. Assistant City Attorney Second Amendment to Joint Interlocal Agreement Page 4 of 4 King County For King County Executive By: Simon Foster Title: Division Director Housing and Community Development Department of Community and Human Services Approved as to Form: Ryan W. Ridings, King County Senior Deputy Prosecuting Attorney