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Snohomish County Interlocal Agreement for Purposes of Administering the Affordable Housing Trust FundINTERLOCAL AGREEMENT Between SNOHOMISH COUNTY, WASHINGTON And CITY OF ARLINTON, CITY OF BRIER, TOWN OF DARRINGTON, CITY OF EDMONDS, CITY OF GOLD BAR, TOWN OF GRANITE FALLS, TOWN OF INDEX, CITY OF LAKE STEVENS, CITY OF LYNNWOOD, CITY OF MARYSVILLE, CITY OF MILL CREEK, CITY OF MONROE, CITY OF MOUNTLAKE TERRACE, CITY OF MUKILTEO, CITY OF SNOHOMISH, CITY OF STANWOOD, CITY OF SULTAN, TOWN OF WOODWAY For the Purposes of Administering the AFFORDABLE HOUSING TRUST FUND WHEREAS, Washington State Laws of 2002, Chapter 294, directs each county auditor to collect a surcharge of $10.00 on all instruments, except assignments or substitutions of previously recorded deeds of trust, recorded within his county; and WHEREAS, a portion of the revenue generated by the surcharge is to be retained by the county and must be used by the county and its cities and towns for the purposes set forth in Washington State Laws of 2002, Chapter 294; and WHEREAS, by enacting Ordinance 02-065, the Snohomish County Council created the Affordable Housing Trust Fund to provide additional funding resources for building operation and maintenance activities for housing projects affordable to very low-income people as well as to assist in development and preservation of affordable low-income housing; and WHEREAS, the Washington State Laws of 2002, Chapter 294 § 2 requires the Affordable Housing Trust Fund to be allocated according to an interlocal agreement Page 1 of 12 3'�]� between the county and the cities and towns within the county, consistent with countywide and local housing needs and policies; and WHEREAS, the parties to this agreement are members of the Urban County Consortium which was established through an interlocal agreement to administer Community Development Block Grant (hereinafter "CDBG"), HOME Investment Partnership Program (hereinafter "HOME"), and such other funds as may be available from the U.S. Department of Housing and Urban Development; and WHEREAS, the Interlocal Cooperation Act of 1967 (Chapter 39.34, Revised Code of Washington) permits local governmental units to cooperate in a manner that will accord best with geographic, economic, demographic and other factors influencing the development of local communities; NOW, THEREFORE, Snohomish County, a political subdivision of the State of Washington (hereafter referred to as "County"), and the City of Arlington, City of Brier, Town of Darrington, City of Edmonds, City of Gold Bar, Town of Granite Falls, Town of Index, City of Lake Stevens, City of Lynnwood, City of Marysville, City of Mill Creek, City of Monroe, City of Mountlake Terrace, City of Mukilteo, City of Snohomish, City of Stanwood, City of Sultan, Town of Woodway, each a Municipal Corporation of the State of Washington, (hereafter referred to as "Participating Municipalities"), pursuant to the Interlocal Cooperation Act of 1967, in consideration of the promises and covenants hereinafter set forth, agree as follows: Section 1 Definitions A. Eligible Project. A housing project, or units within a housing project, that is consistent with countywide and local housing needs and policies and that falls, within one of the following categories: 1. Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low income persons with incomes at or below fifty percent of the area median income; 2. Supporting building operation and maintenance costs of housing projects or units within housing projects built with housing trust funds, affordable to verylow-income persons with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operating expenses; 3. Rental assistance vouchers for housing projects or units within housing projects that are affordable to very low-income persons with incomes at or below fifty percent of the area median income, to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with the United States department of housing and urban development's section 8 rental assistance voucher program standards; and Page 2 of 12 f� , 4. Operating costs for emergency shelters and licensed overnight youth shelters. Construction of new housing is not an "eligible project" if the vacancy rate for available low-income housing within the county, as determined by applying the standard developed by the real estate research center at Washington State University, rises above ten percent. B. Program Year. The initial Program Year shall begin June 13, 2002 and end August 31, 2003. Subsequent Program Years shall begin September 1 of each year and ending the following August 31. Section 2 Ememency Shelter Operations A. Fifteen percent of the funds collected in the Snohomish County Affordable Housing Trust Fund each Program Year shall be designated for operating costs of emergency shelters and licensed overnight youth shelters within Snohomish County. B. The County will seek advice regarding the selection of award recipients and the administration of Affordable Housing Trust Fund resources for operating costs of emergency shelters and licensed overnight youth shelters from the Participating Municipalities, the City of Everett, and/or from the Policy Advisory Board created by this Agreement. However, the County shall ultimately select the recipients of and administer the allocation of these funds. Section 3 City of Everett A. The parties acknowledge and agree that the City of Everett is a participating jurisdiction under the U.S. Department of Housing and Urban Development CDBG program and receives a set -aside of HOME funds as a member of the Snohomish County HOME Consortium. The parties further acknowledge and agree that as a recipient of CDBG and HOME funds the City of Everett maintains its own citizen participation process, housing and community development policies and allocation process. As such, the City of Everett has asked the County to disburse directly to the City of Everett a portion of the Affordable Housing Trust Fund equal to the percentage of the County's HOME funds that are disbursed directly to the City of Everett. The City of Everett would like to administer these funds directly through its preexisting process for administering CDBG and HOME funds. B. Following the set -aside for emergency shelter operations, of the balance of funds remaining that have been deposited into the Snohomish County Affordable Housing Trust Fund each Program Year, 21 percent shall be allocated to the City of Everett. C. Such funds allocated to the City of Everett shall be administered pursuant to the terms of a separate interlocal agreement entered into between the County and the Page 3 of 12 City of Everett. In the event that the County and the City of Everett fail to enter into such an interlocal agreement or said interlocal agreement is terminated, the funds set -aside for the City of Everett shall revert to the general Affordable Housing Trust Fund and shall be spent pursuant to the terms of this agreement. Section 4. Policy Advisory Board and Technical Advisory Committee A. An Affordable Housing Trust Fund Policy Advisory Board (hereinafter "Policy Advisory Board") is hereby established. The Policy Advisory Board shall consist of the Snohomish County Executive (or his/her designee); three (3) members of the Snohomish County Council; one (1) Mayor or Council member to represent all Participating Municipalities whose population, independently, is 10,000 or greater; one (1) Mayor or Council member to represent all Participating Municipalities whose population, independently, is between 3,000 and 10,000; one (1) Mayor or Council member to represent all Participating Municipalities whose population, independently, is less than 3,000; one (1) Mayor or Council member to represent all Participating Municipalities at large; and one (1) Snohomish County citizen selected and appointed by the other eight (8) members of the Policy Advisory Board to serve ex officio as Chairperson of the Board. The four members representing Participating Municipalities are each selected and appointed in a manner agreed upon by the units of local government represented. Each Policy Advisory Board member has one vote in the Board's proceedings, except that the ex officio Chairperson votes only in the event of a tie. B. The Policy Advisory Board shall adopt bylaws, hold public hearings, and advise the County Council and County Executive in matters of planning and administration of the Affordable Housing Trust Fund including program management policies; countywide and local housing needs; policies and priorities; and public and intergovernmental information and consultation processes. The Policy Advisory Board shall also review and make recommendations to the County Council and County Executive regarding proposed funding applications. C. An Affordable Housing Trust Fund Technical Advisory Committee (hereinafter "Technical Advisory Committee") is hereby established. The Technical Advisory Committee shall consist of one (1) representative appointed by each of the Participating Municipalities; two (2) representatives of the County appointed by the Snohomish County Executive; one (1), representative appointed by the Housing Authority of Snohomish County; and eight (8) Snohomish County residents appointed by the Policy Advisory Board to represent the following population groups: two residents representing low-income persons; two residents representing handicapped persons; two residents representing senior citizens; and two residents representing minority persons. Each Committee member has one vote. Page 4 of 12 r D. The Technical Advisory Committee shall make recommendations to the Policy Advisory Board for the purpose of assisting in assessing funding applications for such characteristics as community need, conformance with adopted plans and priorities, nature and extent of benefit, financial or technical feasibility, or other factors bearing upon the merit of proposals competing for funding. E. To the extent possible, the individuals appointed to serve on the Affordable Housing Trust Fund Policy Advisory Board and Technical Advisory Committee created by this agreement shall be the same individuals as those appointed to serve on the Urban County Consortium policy advisory board and technical advisory committee, created by a separate interlocal agreement between the County and the individual Participating Municipalities. Section a -Award and Administration of Affordable Housing Trust Funds Following the set -asides for emergency shelter operations, as provided in section two of this agreement, and for the City of Everett, as provided in section three of this agreement, the remaining funds deposited into the Snohomish County Affordable Housing Trust Fund each Program Year shall be allocated for eligible projects selected by the County. A. Eligible project proposals selected by the County shall be sited outside the boundaries of the City of Everett, unless the County determines that a project proposal to be sited within the City of Everett provides an essential countywide benefit in which case a project may be sited within the boundaries of Everett. B. Snohomish County assumes full decision -making authority, including final funding, award selections and policy making. C. Awards of all funds administered by the County under this agreement shall be pursuant to written contractual agreements, in the form prescribed by the County, between the County and the participating municipalities or other eligible public and private nonprofit award recipients. All activities receiving such financial assistance shall be carried out in compliance with those agreements and with all other applicable laws and regulations. Section 6, Term and Termination of Agreement A. This agreement shall become effective upon execution by the parties and after it is recorded as required by RCW 39.34.040 and shall remain in full force and effect until August 31, 2008. At the end of the initial term this agreement shall automatically renew for an additional five-year term, and thereafter at successive five-year intervals, unless terminated in writing pursuant to the provisions of Section 6(b). Page 5 of 12 ::.� ., � 1. L B. The County may terminate this agreement by providing written notice to the other parties of its intention to terminate. Such termination shall become effective 30 days after such notice has been served on all other parties, or such later time as is stated in the notice. C. Any other party may terminate this agreement as to that party by providing written notice to the other parties of its intention to terminate. Such termination shall become effective 30 days after such notice has been served on all other parties, or such later time as is stated in the notice. Termination by a party other than the County shall not affect the terms of this agreement as to the other parties hereto. Section 7 Hold Harmless/indemnification Each party agrees to be responsible and assume liability for its own wrongful and negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent allowed by law, and agrees to save, indemnify, defend and hold the other parties harmless from any such liability. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party; and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. Section 8 Modifications The parties agree that this agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. This agreement may be amended at any time by mutual written agreement of the parties executed with the same formalities as the original agreement. Section 9 Governing Law and Venue This agreement has been and shall be construed as having been entered into and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this agreement shall be governed by the laws of the State of Washington and applicable Federal laws and regulations both as to interpretation and performance. Any action hereunder must be brought in the Superior Court of Washington for Snohomish County, unless either party determines that a Federal forum is appropriate to the issues raised. Section 10 Notices Written notices and other written communications by and between the parties hereto shall be addressed as follows unless or until a party hereto has, in writing, communicated a different address to the other party hereto. Page 6 of 12 I COUNTY: Snohomish County Planning and Development Services Office of Housing and Community Development, M/S 304 3000 Rockefeller Avenue Everett, WA 98201 CITY OF ARLINGTON: CITY OF BRIER: 238 N. Olympic 2901-228" SW Arlington, WA 98223 Brier, WA 98036-8399 TOWN OF DARRINGTON: CITY OF EDMONDS: P.O. Box 397 121-5th Avenue N. Darrington, WA 98241 Edmonds, WA 98020 CITY OF GOLD BAR: TOWN OF GRANITE FALLS: 107 5th Street P.O. Box 1440 Gold Bar, WA 98251 Granite Falls, WA 98252 TOWN OF INDEX: CITY OF LAKE STEVENS: P.O. Box 88 P.O. Box 257 Index, WA 98256 Lake Stevens, WA 98258 CITY OF LYNNWOOD: CITY OF MARYSVILLE: P.O. Box 5008 4822 Grove Street Lynnwood, WA 98046 Marysville, WA 98270 CITY OF MILL CREEK: CITY OF MONROE: 15728 Mill Creek Blvd. 806 West Main Mill Creek, WA 98012 Monroe, WA 98272 CITY OF MOUNTLAKE TERRACE: CITY OF MUKILTEO: 23204-58th Avenue W. 4480 Chennault Beach Road Mountlake Terrace, WA 98043 Mukilteo, WA 98275 CITY OF SNOHOMISH: CITY OF STANWOOD: 116 Union Avenue S. 10220-270th Street NW Snohomish, WA 98290 Stanwood, WA 98292 Page 7 of 12 m CITY OF SULTAN: TOWN OF WOODWAY: P.O. Box 750 23920-113th Place W. Sultan, WA 98294 Woodway, WA 98020 Section 11, Acquiring, Holdinq and Disposing of Property Since the parties are not establishing a separate legal entity to implement this agreement, property acquired in furtherance of the purpose of this agreement shall be acquired and held in the name of the party possessing the same. Upon termination of this agreement, all property shall be retained by the party in possession. Section 12 t e al Re uirements Each party shall comply with all applicable federal, state and local laws, rules and regulations in performing this agreement. Section 13. No Third Partv Beneficia It is the specific intent of the parties, and all parties agree, that this agreement shall not confer third party beneficiary status on any non-party, including but not limited to the citizens of either the County or of the Participating Municipalities. Section 14 No ,Joint Venture This agreement does not create a partnership or joint venture, and in carrying out this agreement, the parties shall act in their individual capacities and not as agents, employees, or partners of one another. Section 15 Severabilit If any section or provision of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section or provision not so adjudged. Section 10 Execution by Counter ail This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This agreement shall become binding when one or more counterparts hereof, individually or taken together, shall bear the signature of all of the parties reflected hereon as the signatories. Section 17 Recordation of Agreement Pursuant to RCW 39.34.040, this agreement shall be recorded .with the Snohomish County Auditor after execution by the parties hereto. Page 8 of 12 IN WITNESS WHEREOF, the under signed parties have executed this Agreement on the dates indicated: FOR SNOHOMISH COUNTY By Title Executive Director Date Signed 41 -8�i ed as to Cindy Larsen, De)5utyProsecuting Attorney File No. ["-.A,—Yb--eY�I)C? FOR THE-Ci WRGT 1114 By Title Date Signed FOR THE CITY OF BRIER By Title Date Signed ATTEST By Cmk-kAAJ Title. ATTEST Title ATTEST 1A Title FOR THE TOWN OF DARRINGTON ATTEST Title Date Signed Page 9 of 12 By Title IN WITNESS WHEREOF, the under signed parties have executed this Agreement on the dates indicated: FOR SNOHOMISH COUNTY ATTEST By By Title Title Date Signed ad as to C ecdting Attorney File No. [-•A�s- FOR THE CITY OF ARLINGTON By Title Date Signed FOPjHE CITY OF BRIER By. Title WL� Date Signed y-5- FOR THE TOWN OF DARRINGTON E3%r Title Date Signed Page 9 of 12 ATTEST By - Title n Title C3LQ-,y'-"' ATTEST R Js� Title IN WITNESS WHEREOF, the under signed parties have executed this Agreement on the dates indicated: FOR SNOHOMISH COUNTY ATTEST By By Title Title Date Signed -] ed as to c Cindy Larsen, De uTProsecuting Attorney File No. A - FOR THE CITY OF ARLINGTON By Title Date Signed FOR THE CITY OF BRIER By Title Date Signed FOR THE TOWN OF DARRINGTON By Title Date Signed 2M Page 9 of 12 ATTEST By Title ATTEST By Title ATTEST By Title FOR THE C! Y OF EDMONDS By Title Date Signed �. C FOR THE CITY OF GOLD BAR By _ Title Date Signed FOR THE TOWN OF GRANITE FALLS By Title Date Signed FOR THE TOWN OF INDEX By - Title Date Signed ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title FOR THE CITY OF LAKE STEVENS ATTEST By By. Title Title Date Signed Page 10 of 12 FOR THE CITY OF EDMONDS BY _ Title Date Signed FOR JHE CITY OF QLD BAR B M1 L Y Title Date Signed _La , FOR THE TOWN OF GRANITE FALLS By Title Date Signed FOR THE TOWN OF INDEX BY _ Title Date Signed FOR THE CITY OF LAKE STEVENS By Title Date Signed Page 10 of 12 ATTEST By - Title ATTEST By� Title ATTEST By Title ATTEST By Title ATTEST By Title FOR THE CITY OF EDMONDS By _ Title Date Signed FOR THE CITY OF GOLD BAR By _ Title Date Signed crry FOR TH F G NITE FALLS By J Title Date Signed � / 27-- 3. 03 FOR THE TOWN OF INDEX By Title Date Signed FOR THE CITY OF LAKE STEVENS By _ Title Date Signed Page 10 of 12 ATTEST By - Title ATTEST By Title ATTEST By .; Title ATTEST By Title ATTEST By Title FOR THE CITY OF EDMONDS By _ Title Date Signed FOR THE CITY OF GOLD BAR By - Title Date Signed FOR THE TOWN OF GRANITE FALLS By Title Date Signed FOR TH TOWN OF INDEX A By Title4I Date Signed 3 FOR THE CITY OF LAKE STEVENS By _ Title Date Signed Page 10 of 12 ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title By _ Title ATTEST FOR THE CITY OF EDMONDS By Title Date Signed FOR THE CITY OF GOLD BAR By Title Date Signed FOR THE TOWN OF GRANITE FALLS By Title Date Signed FOR THE TOWN OF INDEX By Title Date Signed FOR THE CITY OF LAKE /STEVENS By ,-.C�fk Tit[ 2� Date Signed`r Page 10 of 12 ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title l FOR THE CITY OF LYNWOOOOD By Title Date Signed FOR THE CITY OF MARYSVILLE By Title Date Signed FOR THE CITY OF MILL CREEK By _ Title Date Signed FOR THE CITY OF MONROE By _ Title Date Signed FOR THE CITY OF MOUNTLAKE TERRACE By — Title Date Signed Page 11 of 12 ATTES By Title ATTEST By_ Title ATTEST By Title ATTEST By Title ATTEST By Title FOR THE CITY OF LYNNWOOD By Title Date Signed FOR THE CITYOF MARYS 1LLE By /•� Title rc tills r Date Signed FOR THE CITY OF MILL CREEK By _ Title Date Signed FOR THE CITY OF MONROE By — Title Date Signed ATTEST By Title ATTEST By;,c . ATTEST By Title ATTEST By Title FOR THE CITY OF MOUNTLAKE TERRACE ATTEST By - Title Date Signed Page 11 of 12 By- Titip FOR THE CITY OF LYNNWOOD By Title Date Signed FOR THE CITY OF MARYSVILLE By Title Date Signed FO CIT !��m LL CREEK Title Date Signedf FOR THE CITY OF MONROE By Title Date Signed FOR THE CITY OF MOUNTLAKE TERRACE By Title Date Signed Page 11 of 12 ATTEST By Title ATTEST By Title ATT T By Title Ti,47 r� �.� C'�►� ATTEST By Title ATTEST By Title FOR THE CITY OF LYNNWOOD By Title Date Signed FOR THE CITY OF MARYSVILLE By Title Date Signed FOR THE CITY OF MILL CREEK By Title Date Signed FOR THE Cl Y OF MONROE By G Title 4 -t- Date Signed FOR THE CITY OF MOUNTLAKE TERRACE By T:,.!, 1 IIIG Date Signed Page 11 of 12 ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By T7+Ir FOR THE CITY OF LYNNWOOD ATTEST By By Title Title Date Signed FOR THE CITY OF MARYSVILLE ATTEST By By Title Title Date Signed FOR THE CITY OF MILL CREEK ATTEST By By Title Title Date Signed FOR THE CITY OF MONROE ATTEST By By Title Title Date Signed FOR THE CITY OF MOUNTLAKE TERRACE ATTEST By By Title L�lj'ldly�/jJ Title Date Signed Page 11 of 12 FOR 7H- CITY/OF Mu" TEO By DONALD L . DO RAN r JR . Title MAYOR Date Signed FOR THE CITY OF SNOHOMISH By Title Date Signed FOR THE CITY OF STANWOOD By Title Date Signed FOR THE CITY OF SULTAN B Title Date Signed FOR THE TOWN OF WOODWAY By Title Date Signed Page 12 of 12 ATTEST By 6SI6 It A m CHRISTINA J. BOENGHMAN Title CITY CLERK ATTEST By Title ATTEST By Title ATTEST By Title ATTEST By Title FOR THE CITY OF MUKILTEO By V Title Date Signed FOR T CITY OF OHOMISH By Title* Date Signed FOR THE CITY OF STANWOOD By Title Date Signed FOR THE CITY OF SULTAN By Title ATTEST By _ Title ATTEST By��i.C�e� Title ATTEST By_ Title ATTEST By Title Date Signed FOR THE TOWN OF WOODWAY ATTEST By By _ Title Title Date Signed Page 12 of 12 Affordable Housing Trust Fund Interlocal Agreement FOR THE CITY OF MUKILTEO By Title Date Signed FOR THE CITY OF SNOHOMISH By Title Date Signed FOR THE CITY OF STANWOOD By v Title Date Signed FOR THE CITY OF SULTAN By _ Title Date Signed ATTEST By Title ATTEST By Title A B T ATTEST By Title FOR THE TOWN OF WOODWAY ATTEST n m _ uy Dy Title Title Date Signed Page 12 of 12 FOR THE CITY OF MUKILTE❑ By - Title Date Signed FOR THE CITY OF SNOHOMISH By - Title Date Signed FOR THE CITY OF STANWOOD By - Title Date Signed FOR THE I Y OF S AN By % Title r Date Signed FOR THE TOWN OF WOODWAY By_ Title Date Signed Page 12 of 12 ATTEST By - Title ATTEST By Title ATTEST By Title ATTEST By_ Title FOR THE CITY OF MUKILTEO By Title Date Signed FOR THE CITY OF SNOHOMISH By Title Date Signed FOR THE CITY OF STANWOOD By Title Date Signed FOR THE CITY OF SULTAN By Title Date Signed FOR/THE TOWN OffflOQ4WAY fj By Titler Date Signed Page 12 of 12 ATTEST By_ Title ATTEST By Title ATTEST By Title ATTEST By Title ATTE n .jp AL Title O&JL0� Chase, Sandy From: W. Scott Snyder [ssnyder@omwlaw.com] Sent: Wednesday, December 10, 2003 3:54 PM To: Duane Bowman (E-mail); Sandy Chase (E-mail) Subject: Affordable housing Trust Fund I approve the document as to form. BUT who is writing the agenda memo? This agreement has a very narrow scope for the use of the money --Everett gets a chunk while the rest of the money goes for shelters. Was someone on the Council, staff or the Mayor in on the policy formation? Just want to be sure that we can answer questions regarding the scope of the agreement. Scott W. Scott Snyder Attorney at Law OGDEN MURPHY WALLACE, PLLC 1601 Fifth Avenue, Suite 2100 Seattle, WA 98101 (206) 447-7000 ssnyder@omwlaw.com http:www.omwlaw.com The information contained in this email may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying of the contents of this message is strictly prohibited. If you think that you received this message in error, please delete the message and e-mail the sender at "ssnyder@omwlaw.com". 1 w