SnoCo Interlocal Agreement Creating Award Process for Tax RevenuesDocuSign Envelope ID: D157A6E7-C69B-4B11-A741-DCF3A62D2DE4
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Effective Date: 04/15/2024
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Authorization Level: Mayor
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1. Project Manager
6. City Council Approval
2. Risk Management/Budget
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8. City Clerk
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DocuSign Envelope ID: D157A6E7-C69B-4B11-A741-DCF3A62D2DE4
DocuSign Envelope ID: D157A6E7-C69B-4B11-A741-DCF3A62D2DE4
INTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY AND
THE LOCAL AGENECIES OF ARLINGTON, BRIER, BOTHELL,
DARRINGTON, EDMONDS, EVERETT, GOLD BAR, GRANITE FALLS,
INDEX, LAKE STEVENS, LYNNWOOD, MARYSVILLE, MILL CREEK,
MONROE, MOUNTLAKE TERRACE, MUKILTEO, SNOHOMISH,
STANWOOD, SULTAN, AND WOODWAY FOR THE PURPOSE OF
CREATING AN AWARD PROCESS FOR TAX REVENUES FROM
CHAPTERS 4.122 AND 4.126 SNOHOMISH COUNTY CODE
This Affordable Housing and Behavioral Health Capital Facilities Interlocal Agreement
("Agreement") is made and entered into by the Snohomish County, a political subdivision of the
State of Washington ("County"), and the Local Agencies of Arlington, Brier, Bothell, Darrington,
Edmonds, Everett, Gold Bar, Granite Falls, Index, Lake Stevens, Lynnwood, Marysville, Mill
Creek, Monroe, Mountlake Terrace, Mukilteo, Snohomish, Stanwood, Sultan, and Woodway
(collectively the "Parties" and, individually, a "Party").
RECITALS
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes public agencies
to enter into cooperative agreements with one another to make the most efficient use of their
respective resources; and
WHEREAS, the Washington State Legislature passed Substitute House Bill (SHB) 1406,
which was signed into law as Chapter 338, Laws of 2019, and codified at RCW 82.14.540; and
WHEREAS, RCW 82.14.540 authorizes counties to impose a sales tax for acquisition,
rehabilitation or construction of affordable housing or new units of affordable housing within an
existing structure or facility providing supportive housing services; operating and maintenance
costs for new affordable or supportive housing, rental assistance for tenants, and administration;
and
WHEREAS, the Snohomish County Council passed Ordinance 19-0621 imposing a sales and
use tax to provide for affordable housing and supportive housing, creating the affordable and
supportive housing sales tax credit fund, and adding new chapter 4.122 to Snohomish County
Code; and
WHEREAS, the Washington State Legislature in 2020 passed HB 2019, signed into law as
Chapter 222 Laws of 2020, and codified at RCW 82.14.530; and
WHEREAS, the Washington State Legislature in 2021 amended RCW 82.14.530; and
WHEREAS, RCW 82.14.530 authorizes counties to impose a sales tax for acquisition and
construction of affordable housing, which may include emergency, transitional and supportive
housing, and new units of affordable housing within an existing structure, or acquiring and
constructing behavioral health -related facilities or land acquisition for these purpose or funding
DocuSign Envelope ID: D157ME7-C696-41311-A741-DCF3A62D2DE4
operations and maintenance cost of new units of affordable housing and facilities where housing -
related programs are provided, or newly constructed evaluation and treatment centers; and
WHEREAS, Snohomish County Council passed Ordinance 21-098, imposing a one -tenth of
one percent sales tax for affordable housing and behavioral health and adding a new chapter 4.126
to Snohomish County Code; and
WHEREAS, on December 13, 2023, by Amended Motion No. 23-0492, the Snohomish County
Council approved the 2023 Housing and Behavioral Health Capital Fund Investment Plan
("Investment Plan"); and
WHEREAS, the Investment Plan was developed to inform decision -making with regard to the
use of 1406 and 1590 funds to address housing affordability and behavioral health challenges
identified by the County.
AGREEMENT
NOW, THEREFORE, in consideration of the respective agreements set forth below and
for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
Purpose of this Agreement. The purpose of this Agreement is to create a funding
recommendation process for revenues from the taxes imposed by chapters 4.122 and 4.126
Snohomish County Code.
2. Term. This Agreement will become effective upon full execution by the County and
whichever Local Agency first signs this Agreement and after posting on the County's Interlocal
Agreements website. Thereafter, this Agreement will be effective as to additional Local
Agencies if and when such Local Agency executes this Agreement and either files the
Agreement with the County Auditor or posts it on the Local Agency's Interlocal Agreements
web site. This Agreement will remain in full force and effect unless terminated in writing
pursuant to Section I I (n).
3. Policy Advisory Board.
a. The Policy Advisory Board as previously established through the Urban County
Consortium Interlocal Agreement, and referenced in the Interlocal Agreement for
the Purposes of Administering the Affordable Housing Trust Fund recorded June
25, 2004, under Snohomish County recording number 200406250315, shall advise
the County Executive and County Council on the planning, administration, and
expenditure of funds from the taxes imposed in chapters 4.122 and 4.126
Snohomish County Code in conformance with the Investment Plan.
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b. Each Policy Advisory Board member shall have one vote in the Board's
proceedings, except that the ex officio Chairperson shall vote only in the event of
a tie.
4. Technical Advisory Committee.
a. The Technical Advisory Committee as previously established through the Urban
County Consortium Interlocal Agreement, and referenced in the Interlocal
Agreement for the Purposes of Administering the Affordable Housing Trust Fund
recorded June 25, 2004, under Snohomish County recording number
200406250315, shall review applications and make recommendations regarding
projects to be funded to the Policy Advisory Board.
b. To the extent possible, the individuals appointed to serve on the Affordable
Housing and Behavioral Health Capital Facilities Technical Advisory Committee
shall be the same individuals as those appointed to serve on the Urban County and
Affordable Housing Technical Advisory Committee, with the addition of one (1)
seat for the City of Everett, to be appointed by the City of Everett
c. Process for recommendations
i. The Technical Advisory Committee will review, score and rank
applications and make recommendations for funding to the Policy Advisory
Board.
ii. The Policy Advisory Board will review Technical Advisory Committee
recommendations and make recommendations to the County Council.
iii. The County Council will review recommendations for funding and
determine which projects shall receive funds and amounts thereof.
5. County Obligations.
a. Snohomish County assumes full decision -making authority, including final
funding award selections and policy making.
b. Awards of all funds will be administered by County.
c. The County will coordinate all activities necessary for the Policy Advisory Board
and Technical Advisory Committee to fulfill their obligations under this
agreement.
6. Local Agency Obligations. Each Local Agency shall:
a. Fulfill obligations according to Sections 3 and 4 of this Agreement.
b. Keep appointments to the TAC and PAB up to date, pursuant to TAC and PAB
bylaws.
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c. Notify the County Administrator of any changes to TAC and PAB appointments.
7. Budget and Compensation. The Parties do not anticipate any costs to this Agreement.
Funds from taxes imposed by chapter 4.122 and 4.126 Snohomish County Code shall be used
to fund the projects recommended by TAC/PAB and approved by the Snohomish County
Council.
8. Indemnification and Hold Harmless.
a. Subject to the liability limitation stated in Section 9 of this Agreement, each Local
Agency agrees to indemnify, protect, defend and hold harmless the County, its elected
and appointed officials, employees and agents, from and against all claims, demands
and causes of action of any kind or character, including any cost of defense and
attorney's fees, arising out of any actions, errors or omissions of the Local Agency, its
officials, employees and agents in performing this Agreement, but only to the extent
the same are caused by any negligent or wrongful act of the Local Agency, except for
those arising out of the sole negligence of the County.
b. Subject to the liability limitation stated in Section 9 of this Agreement, The County
agrees to indemnify, protect, defend and hold harmless the Local Agency, its elected
and appointed officials, employees and agents, from and against all claims, demands
and causes of action of any kind or character, including any cost of defense and
attorney's fees, arising out of any actions, errors or omissions of the County, its
officials, employees and agents in performing this Agreement, but only to the extent
the same are caused by any negligent or wrongful act of the County, except for those
arising out of the sole negligence of the Local Agency.
c . Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions
of Sections 8A and B above are specifically intended to constitute a waiver of each
party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as
respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the
indemnitor's employees. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
d. The provisions of this section shall survive the expiration ortermination of this
Agreement with respect to any event occurring prior to such expiration or termination.
9. Limitation of Liability In no event will County or any Local Agency be liable for any
special, consequential, indirect, punitive or incidental damages, including but not limited to
loss of data, loss of revenue, or loss of profits, arising out of or in connection with the
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performance of the County or any Local Agency under this Agreement, even if the County or
Local Agency has been advised of the possibility of such damages.
10. Insurance. Each Party shall maintain its own insurance and/or self-insurance for its
liabilities from damage to property and/or injuries to persons arising out of its activities
associated with this Agreement as it deems reasonably appropriate and prudent. The
maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability
of the indemnifying part of the indemnified party(s).
11. Miscellaneous.
a. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties regarding the subject matter hereof, and supersedes any and all prior oral or
written agreements between the Parties regarding the subject matter contained herein.
This Agreement may not be modified or amended in any manner except by a written
document signed by the Party against whom such modification is sought to be
enforced.
b. No Separate Entity Necessary/Created. The Parties agree that no separate legal or
administrative entities are necessary to carry out this Agreement.
c. Ownership of Property. Except as expressly provided to the contrary in this
Agreement, any real or personal property used or acquired by either Party in connection
with the performance of this Agreement will remain the sole property of such Party,
and the other Party shall have no interest therein.
d. Administrators. Each Party to this Agreement shall designate an individual (an
"Administrator"), which may be designated by title or position, to oversee and
administer such Party's participation in this Agreement. The Parties' initial
Administrators shall be the following individuals:
County's Initial Administrator:
City of Arlington's Initial Administrator:
City of Bothell's Initial Administrator:
Jackie Anderson, Human Services
Department
3000 Rockefeller Avenue, M/S 305
Everett, WA 98201
Don Vanney, Mayor
238 N. Olympic Avenue
Arlington, WA 98223
Mason Thompson, Mayor
18415 101 st Avenue NE
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City of Brier's Initial Administrator:
Town of Darrington's Initial Administrator:
City of Edmond's Initial Administrator
City of Everett's Initial Administrator:
City of Gold Bar's Initial Administrator:
City of Granite Falls' Initial Administrator:
Town of Index's Initial Administrator:
City of Lake Steven's Initial Administrator:
City of Lynnwood's Initial Administrator:
City of Marysville's Initial Administrator:
Bothell, WA 98011
Dale Kaemingk, Mayor
2901 228th St. SW
Brier, WA 98036
Dan Rankin, Mayor
1005 Cascade St.
P.O. Box 937
Darrington, WA 98241
Mike Rosen, Mayor
121 5th Avenue N.
Edmonds, WA 98020
Cassie Franklin, Mayor
2930 Wetmore Avenue
Everett, WA 98201
Steve Yarbrough, Mayor
107 5th Street
Gold Bar, WA 98251
Matt Hartman, Mayor
215 Granite Avenue
P.O. Box 1440
Granite Falls, WA 98252
Bruce Albert, Mayor
511 Avenue "A"
Index, WA 98256
Brett Gailey, Mayor
1812 Main Street
P.O Box 257
Lake Stevens, WA 98258
Christine Frizzell, Mayor
19100 44th Avenue W
Lynnwood, WA 98036
Jon Nehring, Mayor
501 Delta Avenue
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City of Mill Creek's Initial Administrator:
City of Monroe's Initial Administrator:
Marysville, WA 98270
Brian Holtzclaw, Mayor
15728 Main Street
Mill Creek, WA 98012
Geoffrey Thomas, Mayor
14841 179th Avenue SE
Monroe, WA 98272
City of Mountlake Terrace's Initial Administrator: Kyoko Matsumoto -Wright, Mayor
23204 58th Avenue W
Mountlake Terrace, WA 98043
City ofMukilteo's Initial Administrator:
City of Snohomish's Initial Administrator
City of Stanwood's Initial Administrator:
City of Sultan's Initial Administrator:
Town of Woodway's Initial Administrator:
Joe Marine, Mayor
11930 Cyrus Way
Mukilteo, WA 98275
Linda Redmond, Mayor
116 Union Avenue
P.O. Box 1589
Snohomish, WA 98291-1589
Sid Roberts, Mayor
10220 2701h Street NW
Stanwood, WA 98292
Russell Wiita, Mayor
319 Main Street
P.O. Box 1199
Sultan, WA 98294-1199
Mike Quinn, Mayor
23920 113th Place W
Woodway, WA 98020
Either Party may change its Administrator at any time by delivering written notice of
such Party's new Administrator to the other Party.
e. Interpretation. This Agreement shall be governed by and enforced in accordance with
the laws of the State of Washington. This Agreement and each of the terms and
provisions of it are deemed to have been explicitly negotiated by the Parties, and the
DocuSign Envelope ID: D157A6E7-C69B-4B11-A741-DCF3A62D2DE4
language in all parts of this Agreement shall, in all cases, be construed according to its
fair meaning and not strictly for or against either of the Parties hereto. The captions
and headings in this Agreement are used only for convenience and are not intended to
affect the interpretation of the provisions of this Agreement. This Agreement shall be
construed so that wherever applicable the use of the singular number shall include the
plural number, and vice versa, and the use of any gender shall be applicable to all
genders.
f. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be found invalid or
unenforceable, the remainder of this Agreement and the application of that provision
to other persons or circumstances shall not be affected thereby, but shall instead
continue in full force and effect, to the extent permitted by law.
g. No Waiver. A Party's forbearance or delay in exercising any right or remedy with
respect to a Default by the other Party under this Agreement shall not constitute a
waiver of the Default at issue. Nor shall a waiver by a Party of any particular Default
constitute a waiver of any other Default or any similar future Default.
h. Assignment. This Agreement shall not be assigned, either in whole or in part, by either
of the Parties hereto. Any attempt to assign this Agreement in violation of the
preceding sentence shall be null and void and shall constitute a Default under this
Agreement.
i. Warranty of Authority. Each of the signatories hereto warrants and represents that he
or she is competent and authorized to enter into this Agreement on behalf of the Party
for whom he or she purports to sign this Agreement.
j. No Joint Venture. Nothing contained in this Agreement shall be construed as creating
any type or manner of partnership, joint venture or other joint enterprise between the
Parties.
k. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
benefit of the Local Agency and the County. No third party shall be deemed to have
any rights under this Agreement; there are no third party beneficiaries to this
Agreement.
1. Compliance with Applicable Law. Each Party shall comply with all other applicable
federal, state and local laws, rules and regulations in performing under this Agreement.
m. Changes. No changes or additions shall be made to this Agreement except as agreed
to by both Parties, reduced to writing, and executed with the same formalities as are
required for the execution of this Agreement.
DocuSign Envelope ID: D157A6E7-C69B-4B11-A741-DCF3A62D2DE4
n. Termination. 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 to the Parties, or such later time as is stated
in the notice. Any other party may terminate this agreement as to that Party by
providing written notice to the County of its intention to terminate. Such termination
shall become effective 30 days after such notice has been served, or such later time as
is stated in notice. Termination by a Party other than the County shall not affect the
terms of this agreement as to the other Parties.
o. Public Records. All records related to this Agreement shall be available for
inspection and copying under the provisions of the Washington Public Records Act,
chapter 42.56 RCW ("PRA"), subject to any exemptions or limitations on disclosure.
Each Party shall respond to public records requests received by that Party.
p. Execution in Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall constitute an original and all of which shall constitute
one and the same agreement.
IN WITNESS WHEREOF the Parties execute this Agreement this day of
.20
CITY OF ARLINGTON ATTEST:
DON VANNEY BY
1/ � • '
TITLE
CITY OF BOTHEL ATTEST:
MASON THOMPSON
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MAYOR TITLE
CITY OF BRIER ATTEST:
DALE KAEMINGK
MAYOR
TOWN OF DARRINGTON
DAN RANKIN
MAYOR
CITY OF EDMONDS
DocuSigned by:
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MIKE ROSEN
Mike Rosen
MAYOR
TITLE
ATTEST:
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TITLE
ATTEST:
DocuSigned by:
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BY
City Clerk
TITLE
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CITY OF EVERETT
CASSIE FRANKLIN
MAYOR
CITY OF GOLDBAR
STEVE YARBROUGH
MAYOR
CITY OF GRANITE FALLS
MATT HARTMAN
MAYOR
TOWN OF INDEX
BRUCE ALBERT
ATTEST:
BY
TITLE
ATTEST:
TITLE
ATTEST:
m.
TITLE
ATTEST:
MAYOR TITLE
11
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CITY OF LAKE STEVENS
BRETT GAILEY
MAYOR
CITY OF LYNNWOOD
CHRISTINE FRIZZELL
MAYOR
CITY OF MARYSVILLE
JON NEHRING
MAYOR
CITY OF MILL CREEK
ATTEST:
BY
TITLE
ATTEST:
BY
TITLE
ATTEST:
BY
TITLE
ATTEST:
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BRIAN HOLTZCLAW
MAYOR
CITY OF MONROE
GEOFFREY THOMAS
TITLE
ATTEST:
BY
MAYOR TITLE
CITY OF MOUNTLAKE TERRACE ATTEST:
KYOKO MATSUMOTO-WRIGHT BY
MAYOR TITLE
CITY OF MUKILTEO ATTEST:
JOE MARINE BY
MAYOR TITLE
CITY OF SNOHOMISH ATTEST:
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LINDA REDMOND
MAYOR
CITY OF STANWOOD
SID ROBERTS
MAYOR
CITY OF SULTAN
RUSSELL WIITA
MAYOR
TOWN OF WOODWAY
MIKE QUINN
MAYOR
SNOHOMISH COUNTY
TITLE
ATTEST:
BY
TITLE
ATTEST:
BY
TITLE
ATTEST:
BY
TITLE
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County Executive
RECOMMENDED FOR APPROVAL:
Approved as to Form only:
We n d l i n gi
Digitally signed by
Wendling, Rebecca
Rebecca
Date:
07'00'5
09:43:55-07'00'
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