Housing Authority of Snohomish County Interlocal Cooperation Agreement for Inter-Jurisdictional Coordination Relating to Affordable Housing within Snohomish CountyINTERLOCAL COOPERATION AGREEMENT FOR INTER -JURISDICTIONAL
COORDINATION RELATING TO AFFORDABLE HOUSING WITHIN SNOHOMISH
COUNTY
This Interlocal Agreement ("Agreement") is made and entered into by and among
the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill
Creek, Mountlake Terrace, Mukilteo, and Snohomish, and the town of Woodway, all of
which are municipal corporations organized under the laws of the State of Washington;
the Housing Authority of Snohomish County, a public housing authority organized under
Ch. 35.82 RCW; and Snohomish County, a political subdivision of the State of
Washington (herein each referred to individually as a "Party" and collectively as the
"Parties"). This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter
39.34 RCW, and has been authorized by the governing body of each Party. The Parties
agree as follows:
RECITALS
WHEREAS, the Parties have a common goal to facilitate the availability of
housing within Snohomish county and their respective jurisdictions that meets the needs
of all income levels; and
WHEREAS, the Parties desire to provide a common foundation for housing
policies and programs in Snohomish County and to complement —without duplication of
or conflict with —the efforts of existing governmental and non -governmental
organizations to address housing needs in Snohomish county; and
WHEREAS, the Parties further desire to act cooperatively (1) to educate and
provide technical expertise in support of the affordable housing goals and policies of the
Parties, as communities in Snohomish county; (2) to foster efforts to provide affordable
housing by encouraging funding of housing projects from any combination of public,
non-profit, and private -sector resources; (3) to seek opportunities to leverage resources
to support implementation of the housing goals and policies of the state Growth
Management Act and the Countywide Planning Policies relating to affordable housing,
and (4) to accomplish the foregoing purposes efficiently and expeditiously; and
WHEREAS, the Parties have determined that one efficient and expeditious
method for addressing affordable housing needs in Snohomish county is through the
cooperative action by the Parties contemplated by this Agreement; and
WHEREAS, this cooperative undertaking is not intended to duplicate or to be in
conflict with efforts of public, private, and non-profit corporations and other entities,
including the Parties, already providing affordable housing -related services;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Purpose. The purpose of this Agreement is to create a venue for the Parties to
undertake planning, cooperation and education in support of the goal of enhancing the
supply of affordable housing in Snohomish county.
2. Term. This Agreement shall be effective when it has been both (a) executed by the
Parties and (b) filed in the offices of the Snohomish County Auditor. The term of this
Agreement will expire on June 30, 2015, unless:
(a) the Agreement is terminated earlier by action of the Parties in accordance
with Section 7(a) hereof; or
(b) a simple majority of the Joint Board membership vote to extend the
Agreement prior to March 31, 2015. The Parties may continue to vote in this
manner to extend the Agreement in two (2) year increments prior to March 31st of
of the final year of each term.
3. Governance. To accomplish the purpose of this Agreement, a Board of
representatives from the Parties is hereby created (the "Joint Board"). The Joint Board
shall have policy -making and oversight authority over the activities undertaken in this
Agreement. The cooperative undertaking of the signatories to this Agreement shall be
known as the Alliance for Housing Affordability ("Joint Board" or "AHA").
(a) Representatives. The Joint Board shall consist of authorized representatives
of the Parties. Each Party shall appoint one individual to act as its
Representative. No later than 30 days following the effective date of this
Agreement and thereafter no later than January 31 of each calendar year, each
Party shall provide notice in writing to the other Parties of the identity and contact
information for its Representative.
(b) Alternates. Each Party may designate one individual to serve in the place of
its Representative on the Board during the Representative's absence or inability
to serve. If an Alternate is designated by a Party, the Party shall notify the Joint
Board in the manner described in subparagraph (2)(a) above.
(c) Meetings. A quorum of the Board shall consist of a simple majority of the
Representatives (or Alternates serving in their stead) being present at the
meeting.
(i) All meetings of the Board shall be open to the public and held in
accordance with the Open Public Meetings Act, Chapter 42.30 RCW (the
"OPMA").
(ii) Subject to the provisions of this Agreement and the OPMA, the Joint
Board shall establish procedures for operations, meetings, and the
frequency of meetings, provided that the Board shall meet not less often
than quarterly.
2
(iii) Meetings of the Board shall be conducted according to Robert's Rules
of Order, except when the Board agrees to waive or suspend those Rules.
The Board shall provide for written minutes of all meetings of the Board.
(d) Voting. Action taken by the Board shall be by majority vote of those
Representatives present (including Alternates serving in the absence of the
appointed Representatives) except that a change in the Administrative Agency
appointed shall require an affirmative vote of at least the majority of the Joint
Board membership.
(e) Officers of Joint Board. The Representatives shall each year elect from their
number a Chair and Vice Chair. The Chair shall set the agenda, preside over all
meetings of the Board, and shall, with the assistance of the Administrative
Agency, process issues, organize meetings, and provide for administrative
support as required by the Joint Board. The Vice Chair shall fulfill the duties of
the Chair in the absence, incapacity or resignation of the Chair.
4. Authorized Actions of the Joint Board. The Parties agree that the Joint Board shall
have the authority to -
(a) Develop housing information to assist local elected officials;
(b) Provide technical assistance to Parties for their use in developing and
implementing local housing policies, programs and regulations;
(c) Educate on housing issues, and resources available to assist in the development
and retention of affordable housing;
(d) Propose to the Parties methods for attracting additional public, private, and not -
for -profit investment into affordable housing, including by coordinating, leveraging or
contributing local resources;
(e) Identify opportunities for retention of existing sustainable housing;
(f) Support, on a planning and technical assistance level, the activities of Parties in
aid of the construction of affordable housing;
(g) Discuss and bring forward proposals for cooperation among the Parties in
promoting affordable housing, which shall be referred to the governing bodies of the
Parties for consideration;
(h) Monitor legislative and regulatory activities related to affordable housing at the
state and federal levels;
(i) Research model programs, develop draft legislation, prepare briefing materials,
and make presentations to planning commissions and councils upon request by a
3
Party;
0) Develop technical information about standard regulatory agreements acceptable
to private and public financial institutions to facilitate the availability of funding for
private and public projects containing affordable housing;
(k) Recommend an annual budget for approval by the governing body of each Party,
which shall detail the authorized expenditures for the coming fiscal year;
(1) Establish an annual work -plan, specifying the activities planned for the coming
fiscal year, to accompany the recommended annual budget;
(m) Submit an annual report to the governing body of each Party, apprising that
Party of the tasks undertaken and accomplishments of the Joint Board in the
previous fiscal year;
(n) Take other appropriate and necessary action to carry out the purposes of this
Agreement, provided that any commitment of resources outside the scope of the
annual budget or policies not within the annual work plan shall be subject to the
ultimate approval of the governing bodies.
(5) BUDGET; APPROPRIATIONS; OTHER FISCAL MATTERS.
(a) Fiscal Year. The Joint Board shall operate for budgeting and expenditure
purposes on the basis of a fiscal year beginning July 1 and ending the following
June 30.
(b) Initial Year of the Agreement. The Parties have appropriated funds for the
first year's budget of the Joint Board. The appropriated funds are shown on
Attachment A to this Agreement. Upon execution of this Agreement, the
Administering Agency may bill each Party for the committed funds and deposit
them in the Operating Fund (see Paragraph 5(d) below). Funds granted for the
purposes of this Agreement from the Gates Foundation (also shown on
Attachment A) will also be deposited in the Operating Fund. The budget and
work plan for the fiscal year July 1, 2013 through June 30, 2014 is shown on
Attachment B.
(c) Proposed Annual Budget. For the fiscal year July 1, 2014 through June 30,
2015, the Joint Board shall recommend a Joint Board annual operating budget,
proposed work plan, and annual report for submission to the governing body of
each Party by September 1, 2013. For each fiscal year thereafter, the Joint
Board shall recommend a Joint Board annual operating budget, proposed work
plan, and annual report for submission to the governing body of each Party by
June 1 of the preceding calendar year.
(i) The recommended operating budget shall include, but not be limited to,
reimbursements to the Administrative Agency for staff support, consultant,
vendor and contractor costs and other costs for the work plan, and shall
contain itemizations of all categories of budgeted expenses.
(ii) Each Party's proposed contribution shall be calculated as a percentage
of the entire proposed budget, with that percentage determined on a per
capita basis after factoring for available funds from grants and carryover of
unspent funds from a previous budget.
(d) Authorization by Parties: Revisions. Upon receipt of the Joint Board -
proposed budget, each Party shall consider approval and appropriation of its
share of the proposed budget for the upcoming Fiscal Year in order to determine
the amount of its payment to the Operating Fund. A Party's contribution may
consist , in whole or in part, of in -kind services, if approved in the Final Budget. If
any Party does not approve and appropriate its share of the Joint Board -
proposed budget, it shall notify the Board, through the Party's Representative, of
the amount it would be willing to approve and appropriate. The Joint Board shall
then reconsider the budget and work plan and make adjustments accordingly.
The revised budget will then be resubmitted to the Parties for consideration. The
Parties acknowledge and agree that no commitment to pay any Party's share of
a Joint Board -budgeted amount shall be effective absent an appropriation of
funds by the legislative body of that Party in accordance with state and local law.
(e) Adoption of Final Budget. Upon approval of a budget and appropriation of
their respective shares by the legislative bodies of all Parties, the Joint Board
shall adopt the final budget and begin implementation of the work plan. The
budget shall be adopted by the Joint Board no later than the March 31 preceding
the commencement of the next -ensuing Fiscal Year.
(f) Billings: Payments. The Fiscal Agent shall mail billings based on the
approved budget to each Party by no later than the April 30 preceding each
Fiscal Year. Payments shall be due from the Parties by no later than June 15
and shall be deposited by the Administrative Agency upon receipt into the
Operating Fund.
(g) Budget Amendments. No approved Joint Board budget shall be modified
unless and until approved by the legislative bodies of the Parties and the Board
in accordance with the procedures set forth in subsections (b)-(d) above, except
that the Board may make modifications to the budget that carry out the work
program so long as the total amount of the budget is not increased.
(h) No Other Charges. Except for the annual payments based upon an
approved budget as set forth above, no separate dues, charges, or assessments
shall be recommended to the Parties except upon affirmative vote of at least a
majority of the membership of the Board.
5
6. Administration. The Joint Board shall appoint an Administrative Agency who is
willing and capable of providing fiscal, technical and administrative support to the Joint
Board.
(a) Duties of Administrative Agency. The Administrative Agency shall provide
services, including but not limited to:
(i) administrative support for Board meeting
notices, agendas and minutes);
(ii) responding to requests for public records;
(iii) conducting audits;
(iv) procuring and entering into contracts
other contractors on behalf of the Parties;
(v) developing a proposed annual work
consideration;
(including preparing meeting
with consultants, vendors or
plan and budget for Board
(vi) serving as fiscal agent to the Joint Board, provided that the Joint
Board may appoint a separate Party to be the "Fiscal Agent" or "Fiscal
Agency" in accordance with the procedure set out in subsection (6)(i), and
the duties set out in subsection (c), (d), (e), and (g) of this section will
apply to the separate Fiscal Agency;
(vii) applying for grants; and
(viii) providing such other services as the Board directs and are within the
authority of this Agreement and the Board -adopted work plan and budget.
(b) Administrative Agency Actions in Conformity with Its Internal Policies and
Procedures. At all times, the Administrative Agency shall comply with applicable
legal authorities. This shall include following the Administrative Agency's own
internal processes applicable to comparable actions taken on its own behalf,
including its contracting and procurement policies. At each regular meeting of the
Board, the Administrative Agency shall report on the status of its activities
including contracting, grant applications and any proposed changes to the Board -
adopted work plan and budget.
(c) Fiscal Agent. The Fiscal Agent, or Administrative Agency acting as the fiscal
agent, shall receive and deposit into, and expend funds from, the Operating Fund
created by Section 6(d) hereof for Joint Board purposes only. At all times, the
Fiscal Agent and Administrative Agency shall comply with applicable legal
authorities and its own internal processes regarding its action. At each regular
meeting of the Board, the Fiscal Agent and Administrative Agency shall report on
the status of its activities including Operating Fund receipts and expenditures.
(d) Operating Fund. The Fiscal Agent or Administrative Agency acting as the
Fiscal Agent shall establish a fund which shall constitute the "operating fund of
the Joint Board" for purposes of RCW 39.34.030(4)(b) and is herein referred to
as the Operating Fund. All funds received on behalf of the Joint Board shall be
deposited in the Operating Fund and all costs and reimbursements paid on
behalf of the Joint Board shall be paid from the Operating Fund. At the Fiscal
Agent's sole discretion, the Operating Fund may be established as an
administrative fund or sub -fund within an existing fund. The Parties agree that
interest will not accrue on the Operating Fund.
(e) Accounting. Budgeting procedures and records shall conform to generally
accepted accounting principles and to the State Auditor's budget, accounting and
reporting ("BARS") manual, and shall be subject to disclosure and audit as
provided by applicable law.
(f) Services and Reimbursement. The Administrative Agency shall be
reimbursed for its costs in providing the services required as Administrative
Agency.
(i) The Administrative Agency will provide qualified staffing for technical
and administrative services to the Joint Board. After considering the
advice and recommendations of the Joint Board, the Administrative
Agency will designate a level of qualified staffing necessary to carry out
the Board's annual work plan consistent with the approved budget in order
to provide technical and administrative services as set out by the Joint
Board work plan.. Designated staff rendering services hereunder shall
be considered employee(s) of the Administrative Agency for all purposes.
The Administrative Agency shall be responsible for all aspects of the
staff's employment including but not limited to wages, benefits,
performance, discipline and termination. The Administrative Agency shall
address staffing issues within sixty (60) days of a receipt of a written
request from the Joint Board outlining the reasons for said request. Any
written request related to staffing shall be delivered to the Administrative
Agency personally or by certified or registered mail.
(ii) The Administrative Agency shall be reimbursed for the wages of
designated staff providing services that are related to and required to
carry out the duties of the Administrative Agency as set out in the annual
budget and work plan.
(iii) Any contract expenditures or other costs incurred by the Administrative
Agency at the direction of the Joint Board or required under this
Agreement shall also be reimbursed, and such costs shall be reflected in
the annual budget and work plan.
(g) Liabilities of Fiscal Agent. Administrative Agency; Late Payments; Failures to
Pay. The Fiscal Agent or Administrative Agency may not incur costs that exceed
the approved budget and shall not be obliged to incur costs or advance its own
funds if the Operating Fund balance is not sufficient to cover costs payable from
the Operating Fund. In the event that one or more Parties do not remit payment
within the timeframes prescribed by this Agreement, the Fiscal Agent or
Administrative Agency may, but is not obliged to, make a payment to avoid
breach of an obligation with an outside party such as a consultant, vendor or
contractor. Each Party shall be responsible and liable to the other Parties for
interest and other costs, claims or liabilities of any kind that result from late
payment by the Party, and the late -paying Party shall defend, indemnify and hold
harmless the other Parties from such costs, claims or liabilities resulting from the
late payment. For clarification and without limiting the foregoing, the late -paying
Party will be responsible for any late payment charges. In the event that a Party
fails to pay its individual share of the Board's adopted final budget, the other
Parties may also seek a judgment against said Party. Any costs incurred to seek
the judgment and recover costs will be charged in full against the responsible
Party.
(h) Initial Appointment. The initial Administrative Agency shall be the Housing
Authority of Snohomish County.
(i) Change in Administrative Agency. The Administrative Agency may be
changed by a majority vote of the majority of the membership in the Joint Board.
The Administrative Agency may resign from its appointment on ninety (90) days
written notice.
7. Termination of Agreement.
(a) By Affirmative Vote. This Agreement may be terminated at any time by
affirmative vote of a majority of the Joint Board Representatives.
(b) Withdrawal. Any Party may withdraw from this Agreement and thereby
terminate its participation in the Agreement by providing 90 days' prior written
notice to every other Party and to the Joint Board. Upon withdrawal, any
contributions previously authorized by the governing body of the Party for that
fiscal year shall remain in the Operating Fund, to meet any obligations incurred in
reliance upon the approved Budget. In the event any Party fails to approve and
appropriate funds to pay for the next fiscal year's budget by March 1 of any year,
such Party shall be deemed to have provided notice of withdrawal effective upon
June 30 of the then current fiscal year. Additionally, should the Housing
Authority of Snohomish County cease to be the Administrative Agency, by vote
or resignation, the Housing Authority of Snohomish County will be deemed to
have submitted a notice of withdrawal pursuant to the provisions of this
subsection.
(c) Expiration. This Agreement shall expire automatically if the Joint Board fails
to vote to extend prior to the expiration date as set forth in section 2(b) of this
Agreement, or if there is less than three remaining Parties.
(d) Acts Upon Termination. Upon termination of this Agreement, the Joint
Board shall be dissolved and the Board shall establish a plan of dissolution for
payment of outstanding bills and obligations, payment of ongoing obligations
incurred prior to dissolution and other terms to wind up the affairs of the Joint
Board. All assets and liabilities of the Joint Board shall be dispensed with [and
property acquired or set aside during the life of the Agreement shall be disposed
of in the following manner:
(i) all assets contributed without charge by any Party shall revert to the
contributing Party;
(ii) all assets acquired by the administering agency for the purpose of
carrying out the work of the Joint Board and purchased by the Parties
contributions during the term of the Agreement shall be distributed to the
Parties based on each Party's pro rata contribution to the overall budget
during the fiscal year the asset was acquired;
(iii) any liability remaining after the application of unencumbered funds
shall be dispensed consistent with the approved budget as determined by
the Board; and
(iv) except as provided by this Agreement, all unexpended and
unencumbered funds held in the Operating Fund shall be distributed by
the Fiscal Agency to the Parties based on each Party's pro rata
contribution to the overall budget in effect at the time the Agreement is
terminated.
8. Indemnification and Hold Harmless.
(a) Each Party shall, indemnify and hold other Parties (including without
limitation the Party serving as, and acting in its capacity as the Administering
Agency), their officers, officials, agents and volunteers harmless from any and all
claims, injuries, damages, losses or suits including attorney fees, arising out of
that Party's wrongful acts or omissions in connection with the performance of its
obligations under this Agreement, except to the extent the injuries or damages
are caused by another Party. In the event of recovery due to the aforementioned
circumstances, the Party responsible for any such wrongful acts or omissions
shall pay any judgment or lien arising therefrom, including any and all costs and
reasonable attorneys fees as part thereof. In the event more than one Party is
held to be at fault, the obligation to indemnify and to pay costs and attorneys
fees, shall be only to the extent of the percentage of fault allocated to each
respective Party by a final judgment of the court.
(b) Should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of a Party hereto (including without limitation the Party
serving as, and acting in its capacity as, the Administering Agency), its officers,
officials, employees, and volunteers, the Party's liability hereunder shall be only
to the extent of the Party's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Party's waiver
of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of
this indemnification. This waiver has been mutually negotiated by the Parties.
The provisions of this Section shall survive the expiration or termination of this
Agreement.
(c) Each Party (including without limitation the Party serving as, and acting in its
capacity as the Administering Agency) shall give the other Parties proper notice
of any claim or suit coming within the purview of these indemnities.
(d) Notwithstanding any provision in this Agreement to the contrary, the
provisions of this section shall remain operative and in full force and effect,
regardless of the withdrawal or termination of any Party or the termination of this
Agreement for the duration of any applicable statute of limitations
9. Insurance. The Joint Board, the Fiscal Agency, and the Administering Agency
shall take such steps as are reasonably practicable to minimize the liability of the
Parties associated with their participation in this Agreement, including but not limited to
the utilization of sound business practices. The Board shall determine which, if any,
insurance policies may be reasonably practicably acquired to cover the operations of
Joint Board and the activities of the Parties pursuant to this Agreement (which may
include general liability, errors and omissions, fiduciary, crime and fidelity insurance),
and shall direct the acquisition of same.
10. Dispute Resolution. Whenever any dispute arises between the Parties or between
a Party or Parties, the Board, or the Administering Agency (referred to collectively in this
Section as the "parties" ) under this Agreement which is not resolved by routine
meetings or communications, the parties agree to seek resolution of such dispute in
good faith by meeting, as soon as feasible. The meeting shall include the Chair of the
Board, the Vice -Chair, and the representative(s) of the Parties involved in the dispute. If
the parties do not come to an agreement on the dispute through this process, any party
may pursue mediation through a process to be mutually agreed to in good faith between
the parties within 30 days, which may include binding or nonbinding decisions or
recommendations. The mediator(s) shall be individuals skilled in the legal and business
aspects of the subject matter of this Agreement. The parties to the dispute shall share
equally the costs of mediation and assume their own costs. If the Parties are not able to
resolve the dispute through the above process, or conduct or resolve the dispute
through mediation, then any Party may pursue whatever legal remedies may be
available.
11. Public Records; Confidential Information.
(a) Application of PRA. All records related to this Agreement or the Joint
Board will be available for inspection and copying under the provisions of the
Public Records Act, Chapter 42.56 RCW (the "PRA"), subject to any exemptions
or limitations on disclosure.
(b) Confidential Information. If a Party considers any portion of a record it
provides another Party under this Agreement, whether in electronic or hard copy
10
form, to be protected from disclosure under law, the Party shall clearly identify
any specific information that it claims to be "Confidential." A Party receiving a
request for a record marked as Confidential shall notify the other Parties of the
request and the date that such record will be released to the requester unless
another Party obtains a court order to enjoin that disclosure pursuant to RCW
42.56.540. If another Party fails to timely obtain a court order enjoining
disclosure, the receiving Party will release the requested information on the date
specified. No Party shall be liable for any records that the Party releases in
compliance with this section or in compliance with an order of a court of
competent jurisdiction.
12. Limitations. Nothing in this Agreement shall be construed or applied in a manner
that:
(a) Is inconsistent with or intrudes upon other contractual agreements of the
Parties including, but not limited to, the interlocal cooperation agreements
between Snohomish County and various cities for urban county consortium
qualification under the United States Department of Housing and Urban
Department Community Development Block Grant Program and HOME
Investment Partnership Program; or
(b) Authorizes or permits the Joint Board to lobby or to attempt to gain
preferential treatment in processes conducted by any of the Parties to award
federal, state or local funds for affordable housing.
13. Notices.
(a) To the Joint Board. Any notice to the Joint Board shall be in writing and
shall be addressed to the Chair of the Board and to the Administrative Agency.
(b) To a Party. Any notice to a Party shall be to the Representative and
Alternate, if any, of that Party.
(c) Methods of Notice. Any notice may be given by certified mail, overnight
delivery, facsimile, telegram, or personal delivery. Notice is deemed given when
delivered. Email may be used for notice that does not allege a breach or dispute
under this Agreement.
(d) Notice Addresses of Parties. The following contact information for each
Party shall apply until amended in writing by a Party providing new contact
information to each other Party, the Chair of the Board, and the Administrative
Agency, if any:
11
City of Edmonds
Robert Chave, Development Services
121 5th Ave. N
Edmonds, WA 98020
Phone (425) 771-0220
Facsimile (425) 771-0221
Planning@Edmondswa.gov
City of Everett
Dave Koenig, Planning
2930 Wetmore Ave., Suite 8A
Everett, WA 98201
Phone (425) 257-8736
Facsimile (425) 257-8742
City of Granite Falls
Sheikh Haroon Saleem, Mayor and Ray Sturtz, City Planner
206 S. Granite Ave, PO Box 1440
Granite Falls, WA 98252
Phone (360) 691-6441
Facsimile (360) 691-6734
City of Lake Stevens
Rebecca Ableman, Planning and Community Development Director
1812 Main Street, PO Box 257
Lake Steven, WA 98258
Phone (425) 377-3229
Facsimile (425) 212-3327
bableman@lakestevenswa.gov
City of Lynnwood
Don Gough, Mayor and Paul Krauss, CD Director
PO Box 5008
Lynnwood, WA 98046-5008
Phone (425) 670-5401
Facsimile (425) 771-6585
pkrauss@ci.lynnwood.wa.us
12
Citv of Marvsville
Gloria Hiroshima
[1049 State Avenue
Marysville, WA 98270
Phone (360) 363-8000
Facsimile (360) 651-5033
ghirashima@marysvillewa.gov
City of Mill Creek
Tom Rogers, Director of Community Development
15728 Main Street
Mill Creek, WA 98012
Phone (425) 745-1891
Facsimile (425) 745-9650
tom@cityofmillcreek.com
City of Mountlake Terrace
Shane Hope
6100 219th St. SW, Suite 200
Mountlake Terrace, WA 98043
Phone (425) 744-6281
Facsimile (425) 775-0420
shope@ci.mlt.wa.us
City of Mukilteo
Mayor and Planning Director
11930 Cyrus Way
Mukilteo, WA 98275
Phone (425) 263-8017
Facsimile (425) 212-2068
mayor@ci.mukilteo.wa.us
City of Snohomish
Larry Bauman, City Manager
City of Snohomish
116 Union
Snohomish, WA 98290
Phone (360) 568-3115
Facsimile (360) 568-1375
bauman@ci.snohomish.wa.us
13
Town of Woodwa
Mayor Carla Nichols
23920 113th PI. W
Woodway, WA 98020
Phone (206) 542-4443
Facsimile (206) 546-9453
Mayor@townofwoodway.com
Housina Authoritv of Snohomish Count
Executive Director
12625 4th Avenue W. Suite 200
Everett, WA 98204
Phone (425) 290-8499
Facsimile (425) 290-5618
rdavis@hasco.org
Snohomish Count
Mary Jane Brell Vujovic, Division Manager
Housing and Community Services
3000 Rockefeller Ave., M/S 305
Everett, WA 98201
Phone (425) 388-7116
Facsimile (425) 259-1444
maryjane.brell@snoco.org
14. General Provisions.
(a) Rights and Obligations Reserved; MOU Superseded. This Agreement reserves
to each Party and shall not be construed to be in derogation of any rights, powers,
privileges, authority, liability, obligations and duties set forth in or provided by any
previous agreement executed by a Party relating in any way to affordable housing,
except that the Memorandum of Understanding dated September 21, 2011, by and
among the Housing Authority of Snohomish County, the cities of Edmonds, Everett,
Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake
Terrace, Mukilteo, Snohomish, Sultan and the town of Woodway (the "MOU"), shall
be deemed terminated pursuant to section 2.6.13 of the MOU and shall be of no force
and effect upon the effective date of this Agreement.
(b) Access to Records. To the extent permitted by law, all records, accounts and
documents relating to matters covered by this Agreement shall be subject to inspection,
copying, review or audit by the Washington State Auditor or any Party. Upon reasonable
notice, during normal working hours, each Party shall provide auditors from the
Washington State Auditor or the other Parties with access to its facilities for copying said
records at their expense.
14
(c) No Third Party Beneficiaries. This Agreement is for the benefit of the Parties only,
and no third party shall have any rights hereunder.
(d) Venue. The venue for any action related to this Agreement shall be in Superior
Court in and for Snohomish County, Washington at Everett.
(e) Severability. If any of the provisions of this Agreement are held to be invalid, illegal
or unenforceable, the remaining provisions shall remain in full force and effect. If the
invalidated provision is essential to the benefit of the Parties' bargain, the Parties will in
good faith negotiate a replacement provision to make the Parties whole to the greatest
extent possible.
15. Execution. This Agreement may be executed in multiple counterparts and, if so signed,
shall be deemed one integrated Agreement. The undersigned signatories represent that they
are authorized to execute this Agreement on behalf of the respective Party for which they have
signed below.
SNOHOMISH COUNTY Approved as to form
By:
Signature Date
Its:
92
Its:
Signature Date
CITY I t]Ilfl DS Approved as to form
J1 �
By: �'� I �� 13 ey: d z9f13
l ( Signature to Signature Date
JIts: F V� d1 Its: P- rrq Am-h f-nlE-A
CITY OF EVERETT Approved as to form
M
Signature Date
Its:
CITY OF GRANITE FALLS
By:
Signature Date
Its:
M
Signature Date
Its:
Approved as to form
By:
Signature Date
Its:
15
CITY OF LAKE STEVENS
By:
Signature Date
Its:
CITY OF LYNNWOOD
By:
Signature
Date
Its:
CITY OF MARYSVILLE
By:
Signature
Date
Its:
CITY OF MILL CREEK
By:
Signature
Date
Its:
CITY OF MOUNTLAKE TERRACE
By:
Signature
Date
Its:
CITY OF MUKILTEO
By:
Signature
Date
Its:
Approved as to form
By:
Signature
Date
Its:
Approved as to form
By:
Signature
Date
Its:
Approved as to form
By.
Signature
Date
Its:
Approved as to form
By:
Signature
Date
Its:
Approved as to form
By;
Signature
Date
Its:
Approved as to form
By:
Signature
Date
Its:
16
CITY OF SNOHOMISH
Approved as to form
By:
By:
Signature Date
Signature Date
Its:
Its:
TOWN OF WOODWAY
Approved as to form
By:
By:
Signature Date
Signature Date
Its:
Its:
HOUSING AUTHORITY OF
Approved as to form:
SNOHOMISH COUNTY
By:
By:
Signature Date
Signature Date
Its:
Its
17
ATTACHMENT A
HOUSING AUTHORITY OF SNOHOMISH COUNTY
12625 - 4th Arv°WW W.. SlAfie 900 • 1%vvrett, Washington 98204
(425) 290-8499 or (425) /43-4505
'1'U1) (425) 290-5785 • FAX (425) 290-5618
June 22, 2012
Mr. David Bley
Director, Pacific Northwest Initiative
Bill and Melinda Gates Foundation
PO Box 23350
Seattle, WA 98102
RE: GATES FOUNDATION SUPPORT FOR
SNOHOMISH COUNTY INTER -JURISDICTIONAL HOUSING COMMITTEE
Dear David;
I am sorry it has taken so long to put this together. As we discussed a few months ago,
Snohomish County continues to evolve in the creation of its vehicles to address affordable
housing issues, and homelessness in particular.
The Sound Families Initiative and the current Investing in Families Initiative have brought
private philanthropy, government, non -profits and private citizens together to combat
homelessness and create systems change. These two initiatives have been instrumental in
providing the necessary resources and developing the capacity of stakeholders in the community.
The initiatives addressed the need for supportive services and housing and have made clear the
need for both to effectively serve homeless families.
On a parallel track, the Housing Consortium of Everett and Snohomish County was formed by
interested non-profit developers with the support of local government, the County's two housing
authorities, and private supporters. The membership is made up of housing organizations dealing
with every aspect of the housing continuum from homelessness to homeownership.
Housing Continuum
Homeless Housing Rent Subsidized Affordable Rental Homeownership
Sliort/long-term Housing Housing and
supportive services HUD and USDA Bond and Tax Credit Market Rental
Through all of the work in the community to address housing and homelessness, it became clear
that the community needed a vehicle for local governments to cooperatively address housing
policy issues. A group of cities in Snohomish County began to explore the creation of such a
vehicle over two years ago as an outgrowth of Snohomish County Tomorrow, the local inter -
jurisdictional forum created to oversee Countywide Planning Policies.
1?(111al Ilousing OPporttanity
ATTACHMENT A
The cities in Snohomish County and the Snohomish County government have now taken the step
to create the Inter -Jurisdictional Housing Committee (IHC). This new group comprised of local
governments in Snohomish County is a systems change that will create a centralized forum for
local governments to efficiently disseminate housing information, work together to gain more
expertise in housing policy issues, and cooperatively advocate at the federal and state level to
ensure that there is adequate support for efforts to end homelessness and promote affordable
housing in their communities. The group will inform local land use efforts to promote housing
that is both economically and environmentally sustainable. The target model for the IHC is A
Regional Coalition for Housing (ARCH) on King County's Eastside. The IHC Memorandum of
Understanding (MOU) and draft Interlocal Agreement are attached. The following jurisdictions
have signed onto the MOU: Mukilteo, Mountlake Terrace, Lake Stevens, Everett, Mill Creek,
Snohomish, Sultan, Marysville, Edmonds, Lynnwood, Woodway, Granite Falls, and Snohomish
County.
Every one of the jurisdictions signing on to this undertaking has at least one elected official and a
planning executive who have decided that housing is a high priority for their community.
Bringing these elected officials and planning executives together on the IHC will substantially
enhance the work that is currently going on in the County to promote affordable housing and
ensure that there are affordable housing options for families exiting homeless housing. During
this period of intensive interest in housing and transportation, it is especially important that this
entity is created and sustained to ensure that affordable housing is appropriately integrated into
planning efforts.
Embarking on this effort right now is difficult when these cities and the County are experiencing
economic distress. The goals of the IHC can advance significantly faster if the committee
members can spend the first year establishing the priorities and substantive functions of the IHC
rather than spending that time working to build financial support. It will be much easier to secure
permanent and ongoing financial support from the cities and County if the IHC can get up and
running with professional staff and products to show. That is why I would like to explore with
you the potential of Gates Foundation support for the first full year of operation of the IHC.
Please see the attached IHC 2013 budget.
HASCO committed to provide modest staffing and an administrative base to support the IHC.
We have hired a graduate student intern from the University of Washington Master of Urban
Planning program to supplement our staff work for the committee. This intern, with support from
HASCO staff, will work to build the IHC and produce initial reports for the committee. HASCO
will bear this expense through the end of 2012. Although HASCO is providing staff support for
the committee, the IHC is not a HASCO project.
Starting in 2013, the IHC would like to have a full-time professional to staff the committee.
Ideally the current intern would continue on in this full-time position. The Gates Foundation
would cover the cost of the full-time staff person plus any additional outside consulting work
that is needed. HASCO would still provide office space, all administrative support, and
supplemental staffing support without reimbursement. Starting in 2014, the cities and the County
would provide the financial support to fully cover the budget. HASCO would continue to
provide the office space, administrative support, and supplemental staffing as an ongoing
responsibility.
2
ATTACHMENT A
I would.appreciate the opportunity to discuss this proposal further. I can be reached at 425-293-
0532 or rec a hasco.ora.
Sincerely
114�t4
fl-
Robert E. Davis
Executive Director
cc: David Wertheimer, Deputy Director, PacificNW Initiative, Bill & Melinda Oates Foundation
Kollin Min, Program Officer, Pacific NW Initiative, Bill & Melinda Oates Foundation
Enclosures
Memorandum of Understanding
Draft Interlocal Agreement
2013 Budget
BILL&MELINDA
GATES .foundation
C 5D.?33�G
'U.3' --
PAY Fifty Thousand Dollars And 00 Cents
to the Housing Authority of Snohomish County
order
Of 12625 4th Ave West Suite 200
Everett, WA 98204
ATTACHMENT A
Wells Fargo Bank,,N.A.
Bellevue, WA 98004
11-24/1210 DATE
Oct 11, 2012
Author ze tgnature
VOID AFTER 180 DAYS
BILL & M E L I N D A GATES FOUNDATION PO Box 23350 Seattle, Washington 98102 20(�.709.3100
118062
AMOUNT
$ 50,000.00
ar N v
0
, a
m C m
L 4n
a+ Q M '++ M
0J c o •a' o
N
N
V 0 3 C
Q DLO Q �
w m m
m to
a A m'
ii
M C m M r-4 0 N M W o0 0 0 O
ri O ri ri Ln 00 00 O o0 0o O O O
O N lD ri M lD N It O o C 0
N lfJ M N N r-I a -I r q ri r-1 r-I r-1
c
O
u
L C
w
m
O
1p
m
m
*
m
om
00
O
I-
O
`~
a:+
O
O
O
00
N
O
N
m
N
O
-:1-
n
0f0
"ar/1
O
Lri
cy
00
O
01
06
ci
M
lD
or
lD
m
m
N
N
-1
-q
m
00
m y
a
-I
N
a V
0
M
0
0
0
0
0
0
0
O
O
O
O
O
O
O
0
0
0
0
0
0
0
0
o
m
o
Ln
O
o
O
N
N
00
O
oa
W
N
00
Co
L
m
O
++
M
\
v
�3r j
as
d
Ln
�
m
0
CD w
m
a
v
V
V
LZ
m
�
N
m rI
Q O LOn
00 O O0
m C)Ln 000
tf� vl- V}
* m O w m of 't m Cr 00 t r, (A r, W O O
* ri N m 0 lD V) O --t m w o N (V In (5 Ln C
C O O 00 I, O N m N O m M 00 I- In o 00
M o V1 cy 00 O 01 00 c m ri 00 lD In O C Y
O lD M m N rV ri ri M 00 N Ln 00 C
ri fn1 N lD V). V?
CL
a
4J
V
L
~t0
O
0
n>
Y
-n
Ll
O
O
ra
a_
of
v>i
c
+�
i
o
+L-
O
Ln
u
0
L
Z
C
N
Y
7
7
O.
O
(0
O�
+�+
4-1
a
w
—i
w
—i
Ln
C7
2
10-
COJ FO-
+, O
OJ O.
a
a :3
C CO O)
0
+C1+ O_ u
m O m
W aL m
Y
L
0
3
E
v
C
c. M
.Vtw
.E
M N
a
C N
M N
L L
w. O
o E
0
o +
N
V1
v w
E L
E c
E
u m
3 OA
C C
C
m C
E E
0
E V
2
ri N
v
O
PMA
Attachment B
2013-2014 Work Plan*
1. Synthesize/analyze Data
a. IDENTIFY DATA GAPS,
And if there are, develop/implement a strategy to fill those gaps.
b. DEVELOP A SURVEY TEMPLATE THAT CITIES CAN USE FOR GATHERING HOUSING DATA
THEY'RE MOST INTERESTED IN.
c. IDENTIFY WHERE EXISTING AFFORDABLE HOUSING UNITS ARE LOCATED AND WHETHER
THEY ARE UNDER THREAT OF CONVERSION, WHAT THEIR CONDITION IS AND WHAT THE
CONDITION OF THE SURROUNDING PUBLIC INFRASTRUCTURE IS.
2. Provide Technical Expertise
CREATE A TEMPLATE JURISDICTIONS CAN USE IN DRAFTING THEIR HOUSING CONTINUUM AND
CITY PROFILES.
With the template each jurisdiction can create effective literature conveying their
individual housing needs. The continuum would also be useful in developing Housing
Elements for Comprehensive Plans.
3. Create Education/Outreach/Information-sharing Opportunities
DEVELOP A STRATEGY AND TOOLS TO EDUCATE ELECTED OFFICIALS
The task is to educate elected officials about affordable housing issues and the roles they can
play in obtaining funding for housing programs.
L Identify elected officials who could serve as primary contact points for federal and state
agencies which provide housing funding (this would assist in attract housing money to
Snohomish County).
ii. Design workshop for elected officials to better inform them of housing issues and funding
opportunities/challenges/processes
a. PACKAGE THE IJH COMMITTEE'S IDEA/MESSAGE.
L Use HASCO human resources staff (who has special training in leading facilitation) to work
with elected officials on the committee to create a succinct message of what the Alliance for
Housing Affordability is all about. The message would be a key tool to use in presentations
to city councils when the IJH ILA is being considered.
ii. Use the message to promote media exposure of the IJH committee's existence and goals
4. Grants and Financial
a. DEVELOP A STRATEGY FOR LEVERAGING CDBG AND OTHER FUNDS.
b. DEVELOP A COMMON STRATEGY TO PURSUE FUNDING TO BE USED BY CITIES INDIVIDUALLY OR
COLLECTIVELY.
c. DESIGN ANEW REVENUE GENERATION TOOL THAT CAN BE ADOPTED BY LEGISLATIVE BODIES
AND THEN USED BY INDIVIDUAL CITIES.
* For consideration by the Joint Board