Washington County - BCC 14-0625 CDBG, HOME, ESG INTERGOVERNMENTAL AGREEMENT
WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM YEARS—2015-2017
This Agreement is entered into between Washington County("COUNTY"), a
political subdivision of the State of Oregon, and the City of Tigard ("CITY"), a municipal
corporation of the State of Oregon located within Washington County, for the
cooperation of units of local government under the authority of ORS 190.010.
I. RECITALS
WHEREAS, the Congress of the United States has enacted the Housing and
Community Development Act of 1974 ("THE ACT"), the Housing and Urban/Rural
Recovery Act of 1983, the Housing and Community Development Act of 1987, the
National Affordable Housing Act of 1990; and
WHEREAS, Congress has declared that the nation's cities, towns and small urban
communities face critical social, economic and environmental problems; and
WHEREAS, Congress has further found and declared that the future welfare of the
Nation and the well being of its citizens depend on the establishment and
maintenance of viable urban communities as social, economic and political entities;
and
WHEREAS,the primary objective of the Act(s)is the development of viable urban
communities, by providing decent housing and a suitable living environment and
expanding economic opportunities principally for persons of low and moderate
income; and
WHEREAS, the parties to the agreement are dedicated to the elimination of slums,
blight and the prevention of blighting influences and the deterioration of property; the
improvement of neighborhood and community facilities of importance to the welfare
of the community, principally for persons of low and moderate income; and
WHEREAS, the parties are dedicated to the elimination of conditions which are
detrimental to health, safety and public welfare,through code enforcement,
demolition, interim rehabilitation assistance and related activities; and
WHEREAS, the parties are dedicated to the conservation and expansion of existing
public housing stock in order to provide a decent home and a suitable living
environment for all persons but principally those of low and moderate income; and
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WHEREAS, the parties are dedicated to the expansion and improvement of quantity
and quality of community services,principally for persons of low and moderate
income, which are essential for sound community development and for the
development of viable urban communities; and
WHEREAS, the parties are dedicated to a more rational utilization of land and other
natural resources and the better arrangement of residential, commercial, industrial,
recreational, and other needed activity centers; and
WHEREAS,the parties are dedicated to the reduction of the isolation of income
groups within communities and geographical areas and the promotion of an increase
in the diversity and vitality of neighborhoods through the spatial deconcentration of
housing opportunities for persons of lower income and the revitalization of
deteriorated neighborhoods; and
WHEREAS, the parties are dedicated to the restoration and preservation of properties
of special value for historic, architectural or aesthetic reasons; and
WHEREAS, the parties are dedicated to the alleviation of physical and economic
distress through the stimulation of private investment and community revitalization in
areas with population outmigration or a stagnating or declining tax base; and
WHEREAS, the parties are dedicated to the conservation of the Nation's scarce
energy resources, improvement of energy efficiency and the provision of alternative
and renewable energy resources; and
WHEREAS, the parties desire to join together to meet the criteria for an urban county
in order to qualify to receive funds to meet each of these national objectives,
NOW THEREFORE, in consideration of the mutual promises and benefits given and
received within this agreement, the parties agree to each and every term contained
below:
II. MUTUAL COVENANTS
1. The City and the County agree to cooperate to undertake,or assist in undertaking,
community renewal and lower income housing assistance activities.
2. The parties agree that this agreement covers the CDBG Entitlement program, the
HOME Investment Partnerships program(HOME),and the Emergency Solutions
Grant Program (ESG).
3. The parties agree to take all actions necessary to assure compliance with the urban
county's certification required by Section 104 (b) of Title I of the Housing and
Community Development Act of 1974, as amended, regarding Title VI of the
Civil Rights Act of 1964, the Fair Housing Act,and affirmatively furthering fair
housing; section 109 of Title I of the Housing and Community Development Act
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of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the
Age Discrimination Act of 1975; and other applicable laws.
4. Both parties agree that the County has the final responsibility for selecting
CDBG, HOME, and ESG activities and filing required documents with HUD.
III. CITY COVENANTS
1. The City expressly agrees that as the cooperating unit of general local government
it has adopted and is enforcing the following requirements of law:
1.1 A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations; and
1.2 A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within jurisdictions.
2. The City agrees that it is subject to the same requirements applicable to
subrecipients set forth in 24 CFR 570.501 (b).
3. The City agrees in order to participate as a subrecipient under the terms of this
agreement it shall enter into a contract as required by 24 CFR 570.503.
4. The City agrees that the County as the recipient is responsible for ensuring that
CDBG, HOME, and ESG funds are used in accordance with all program
requirements. The County as recipient is responsible for determining the
adequacy of performance under subrecipient agreements.
5. The City authorizes the inclusion of its population for purposes of the Act, and
joins together with other units of general local government to qualify the County
as an urban county for Housing and Community Development Act block grant
funds.
6. The City agrees it may not apply for grants from appropriations under the State
CDBG program for fiscal years during the period in which it participates in the
urban county's CDBG program.
7. The City agrees that it may not receive either HOME or ESG formula allocations,
except through the County. Regardless of whether the County receives a HOME
formula allocation, City agrees that it may not form a HOME consortium with
other local governments.
8. The City agrees that it may not sell, trade,or otherwise transfer all or any portion
of such funds to another such metropolitan city, urban county,unit of general
local government, or Indian tribe, or insular area that directly or indirectly
receives CDBG funds in exchange for any other funds, credits, or non-federal
considerations, but must use such funds for activities eligible under Title I of the
Act.
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IV. TERM OF AGREEMENT
1. This Agreement shall remain in effect for three Fiscal Years commencing July 1,
2015, and ending June 30, 2018, which shall constitute the urban county
qualification period.
2. This agreement shall remain in effect until the CDBG, HOME, and ESG funds
and program income received(with respect to activities carried out during the
three-year qualification period, and any successive qualification periods under
agreements that provide for automatic renewals) are expended and the funded
activities completed.
3. The Agreement shall be automatically renewed for participation by the parties for
successive three-year qualification periods unless either party provides written
notice to the other that it elects not to participate in the new qualification period.
The parties agree to send any such notice to the HUD Field Office at 1220 SW 3`d
Avenue, Suite 400, Portland,OR 97204-2825,upon such election.
3.1 The urban county shall send a written notice to the City advising of the City's
right to elect not to participate in the next automatic urban county
qualification period. The County shall send the notice to the City by the date
specified in HUD's Urban County Qualification Notice for the next
qualification period. County shall send a copy of the notice to HUD.
3.2 The failure by either party to adopt an amendment to this agreement
incorporating all changes necessary to meet the requirements for cooperation
agreement set forth in the Urban County Qualification Notice applicable for
any subsequent three-year urban county qualification period, and to submit the
amendment to HUD as provided in the Urban County Qualification Notice
will void the automatic renewal of subsequent qualification periods set forth
in Section IV.3 above.
V. TERMINATION
1. This Agreement may be terminated by the County in the event funding is no
longer available; otherwise, neither party may terminate or withdraw from the
Agreement while the Agreement remains in effect
VI. ENFORCEMENT
1. The County is responsible for ensuring that CDBG, HOME, and ESG funds are
used in accordance with all program requirements. The County may use any
available legal methods to ensure compliance by the City.
2. The County is also responsible for determining the adequacy of performance
under all applicable subrecipient agreements and procurement contracts and for
taking appropriate action when performance problems arise, such as action
described in 24 CFR 570.910. The County may use any available legal methods
to ensure compliance by the City.
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3. The County shall not distribute any CDBG, HOME, or ESG funds for activities in
or in support of the City if the City does not affirmatively further fair housing
within its own jurisdiction or acts in a manner that impedes the County's actions
to comply with its fair housing certification.
VII. POLICY ADVISORY BOARD
For the purpose of developing an annual Community Development Plan and Programs as
required by Title I of the Act, a Policy Advisory Board is hereby continued which shall
guide the plan and program development,make recommendations to the County upon the
criteria to be utilized in selecting eligible Housing and Community Development Act
activities within Washington County, and recommend to the County the program
priorities.
1. The Policy Advisory Board shall be composed of one representative and a
designated alternate from the County and each participating unit of general local
government. The County and City shall have one vote on the Board.
Jurisdictions shall appoint an elected official as primary and an employee or other
public official as an alternate.
2. The Policy Advisory Board shall adopt bylaws, study,review, hold public
hearings, supervise the public review and information process, and recommend to
Washington County on all matters related to the Housing and Community
Development Act as amended. Activities shall include making recommendations
concerning the Housing and Community Development Plan (Consolidated Plan),
and annual action plan(s), a five-year non-housing Community Development
Plan, Fair Housing Plan,performance reports, citizen participation plans, and
developing or directing studies necessary to gather data or information on which
to base its recommendations.
3. After public hearings, the Policy Advisory Board shall make final
recommendation on the Housing and Community Development Plan
(Consolidated Plan)which may be accepted by Washington County at a public
meeting and submitted to the Department of Housing and Urban Development as
the Washington County application; provided that, should all or part of the
recommended plan not be considered acceptable to the County, the Board of
County Commissioners shall hold at least one(1) public hearing on the plan and
program prior to rejection or amendment of the recommended plan. The County
shall be responsible for filing required documents with HUD.
4. Projects may be implemented and funds expended in accordance with subgrant
agreements between the County and other jurisdictions signatory to this
Agreement.
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VIII. CERTIFICATION
The parties by the signatures below certify that the governing body of each party has
authorized entry into this Agreement.
IN WITNESS, the undersigned parties have executed this Agreement this 216 day of
2014.
WASHINGTON COUNTY CITY OF TIGARD
BY� A! n j yck
Chair, Washington County oard of
Commissioners O'rK1 Mahagcr
Title
& -I
Date(required)
Re ording Secretary APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
OG- ZY-I4 MINUTEORDER# 14-15l
Date (required) DATE N4-n2N-1 H _
BY L� �� -/4 -
CLERKOFTHE OAY
It is my opinion that the terms and provisions of this Intergovernmental Agreement are
fully authorized under the State and local law and that the Agreement provides full legal
authority for the County to undertake or assist in undertaking essential community
renewal and lower income housing assistance activities.
sul L. Hathaway III
Senior Assistant County sel
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