HomeMy WebLinkAbout24-228-PRK-001 Interlocal Agreement Docusign Envelope ID:DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8 COA#24-228-PRK-001
SKAGIT COUNTY
Contract# C20240414
INTERLOCAL COOPERATIVE AGREEMENT Page 1 of 12
BETWEEN ---- --
SKAGIT COUNTY AND CITY OF ANACORTES
DEPOT MARKET PLAZA EXPANSION
THIS INTERLOCAL AGREEMENT is entered into this 2(9 day of
V 61 V st , 2024 between Skagit County, Washington (the "County") and City
of Anacortes (the "Recipient') pursuant to the authority granted by Chapter 39.34 RCW,
INTERLOCAL COOPERATION ACT, and in consideration of the mutual benefits do hereby
agree as follows:
1. Purpose: The purpose of the contract is to distribute economic development
funds pursuant to RCW 82.14.370.
2. Scope of Work- Recipient will only use the funds distributed under this agreement
as allowed by RCW 82.14.370 and only for the Public Facility Project described in
Recipient's Economic Development Application, which is attached to this document as
Exhibit "A".
3. Payment- County will compensate Recipient a maximum of$250,000, chargeable
to GL expenditure code#342 58502514109. Recipient shall submit an invoice describing
the use of funds to be distributed by the County and the County upon receipt of
appropriate documentation shall distribute a portion of the awarded funding as determined
by the County Contract Representative described in Paragraph 6.1 of this Contract.
However, such payments shall not occur more often than monthly, through the County
voucher system. The County Contract Representative has the sole discretion of
determining what appropriate documentation is required in order for Recipient to receive
a distribution of funds under this Agreement.
4. Recipient agrees to return any and all funds provided under this agreement,
including any penalties and interest, if the Recipient uses the funds outside the limitations
set forth in Paragraph 2.
4.1. Use of funds outside the limitations in Paragraph include (A) any finding, by
the county or other state or federal agency, that the funds distributed pursuant to
this agreement violate any state or federal laws or regulations, and (B) Recipient
using the funds for a purpose other then what was originally described in its
application of funds.
4.2. If there is a finding as described in Paragraph 4.1(A), Recipient agrees to
hold County harmless and indemnify County for any losses arising from the
County distributing such funds to the Recipient contrary to state or federal law.
5. The parties agree that Recipient is an independent contractor and not an employee,
or agent of Skagit County. Recipient hereby agrees not to make any representations to any
third party or to allow such third party to remain under the misimpression that Recipient is
Page 1
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
an employee, independent contractor, or agent of Skagit County. All payments made
hereunder and all services performed shall be made and performed pursuant to this
Agreement. Recipient will defend, indemnify and hold harmless the County, its officers,
agents or employees from any loss or expense, including but not limited to settlements,
judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands
because of breach of the provisions of this paragraph. Further the Recipient represents that
all employees and sub-contractors are covered under Industrial Insurance in compliance
with R.C.W. Title 51.
6. Administration: The following individuals are designated as representatives of the
respective parties. The representatives shall be responsible for administration of this
Agreement and for coordinating and monitoring performance under this Agreement. In the
event such representatives are changed, the party making the change shall notify the other
party in writing.
6.1 The County's representative shall be the Budget and Finance Director:
Trisha Logue
1800 Continental Place, Suite 100
Mount Vernon, WA 98273
6.2 Recipient's representative shall be Parks and Recreation Director:
Jonn Lunsford
PO Box 547
Anacortes, WA 98221
All notices and payments mailed by regular post (including first class) shall be deemed to
have been given on the second business day following the date of mailing, if properly mailed
and addressed. Notices and payments sent by certified or registered mail shall be deemed
to have been given on the day next following the date of mailing, if properly mailed and
addressed. For all types of mail, the postmark affixed by the United States Postal Service
shall be conclusive evidence of the date of mailing.
7. Defense & Indemnity Agreement: The Recipient agrees to defend, indemnify and
save harmless the County, its appointed and elective officers and employees, from and
against all loss or expense, including but not limited to judgments, settlements, attorney's
fees and costs by reason of any and all claims and demands upon the County, its elected
or appointed officials or employees for damages because of personal or bodily injury,
including death at any time resulting therefrom, sustained by any person or persons and on
account of damage to property including loss of use thereof, whether such injury to persons
or damage to property is due to the negligence of the Recipient, its subcontractors, its
elected officers, employees or their agents, except only such injury or damage as shall have
been occasioned by the sole negligence of the County, its appointed or elected officials or
employees. It is further provided that no liability shall attach to the County by reason of
entering into this contract, except as expressly provided herein. Recipient insurance shall
be primary. Any insurance or self-insurance maintained by the County, its officers, officials,
Page 2
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
employees or volunteers shall be excess of Recipient's insurance and shall not contribute
to it.
8. This Agreement shall become effective upon execution per Resolution No.
R20240146. Work on the project shall be substantially complete and contract shall expire
March 31, 2026. For the purposes of this paragraph, the term "substantially complete" shall
mean "when the contract work has progressed to the extent that the Recipient has full use
and benefit of the facilities, both from the operational and safety standpoint, and only minor
incidental work, replacement of temporary substitute facilities, or correction or repair remains
to physically complete the total contract." Upon termination of this Agreement, all property
acquired by the Recipient shall remain the Recipient's property, with no obligation to pay the
County therefore.
9. The Recipient shall not assign any interest in this Contract and shall not transfer any
interest in same without prior written County consent.
10. The Recipient will secure, at his own expense, all personnel required in performing
said services under this Contract. Recipient shall be personally liable for applicable payroll,
Labor and Industries premiums, and all taxes, and shall hold the County harmless from any
claims related thereto.
11. Right to Review: This contract is subject to review by the State Auditor's office. The
County or its designee shall have the right to review and monitor the financial components
of this project. Such review may include, but is not limited to, on-site inspection by County
agents or employees, and inspection of all records of other materials, which the County
deems pertinent to the Agreement and its performance. Recipient shall preserve and
maintain all financial records and records relating to this project under this Agreement for 3
years after contract termination,and shall make them available for such review,within Skagit
County, State of Washington, upon request.
12. Acknowledgement of Funding: All books, informational pamphlets, press releases,
research reports, articles, requests for information, signs or other public notices developed
for or referring to the activities or programs funded by this agreement shall include the
statement, "This project received funding from Skagit County," or similar language
acknowledging Skagit County's funding contribution. Further, Recipient shall notify the
County (or Administrative Services) no later than two weeks before a dedication ceremony
or public event for any activities or programs funded by this agreement. Recipient shall also
make efforts to verbally acknowledge the County's contributions to the Recipient at all
dedication ceremonies or other public events relating to any programs or projects funded by
this agreement.
13. Prevailing Wages: If Prevailing Wages are applicable to the work provided under the
Agreement then Recipient shall submit a"Statement of Intent to Pay Prevailing Wages"prior
to submitting first application for payment. Each statement of intent to pay prevailing wages
must be approved by the Industrial Statistician of the Department of Labor and Industries
before it is submitted to the County. Unless otherwise authorized by the Department of Labor
Page 3
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
and Industries, each voucher claim submitted by a Recipient for payment on a project
estimate shall state that the prevailing wages have been paid in accordance with the pre-
filed statement or statements of Intent to Pay Prevailing Wages on file with the public
agency.
14. Nondiscrimination: During the performance of this contract, the Recipient shall
comply with all federal and state nondiscrimination statutes and regulations. These
requirements include, but are not limited to:
a. Nondiscrimination in Employment: The Recipient shall not discriminate
against any employee or applicant for employment because of race, color, sex, religion,
national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the
presence of any sensory, mental, or physical handicap. Such action shall include, but not
be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or
recruitment selection for training, including apprenticeships and volunteers. This
requirement does not apply, however, to a religious corporation, association, educational
institution or society with respect to the employment of individuals of a particular religion to
perform work connected with the carrying on by such corporation, association, educational
institution or society of its activities.
15. Compliance with Applicable Law: The Recipient and all subcontractors of
Recipient shall comply with, and the Department is not responsible for determining
compliance with, any and all applicable federal, state, and local laws, regulations, and/or
policies. This obligation includes, but is not limited to, nondiscrimination laws and/or
policies; the Americans with Disabilities Act(ADA); Ethics in Public Service (RCW 42.52);
Covenant Against Contingent Fees (48 C.F.R. Sec. 52.203-5); safety and health
regulations. In the event of the Recipient's or a subcontractor's noncompliance or refusal
to comply with any law or policy, the Department may rescind, cancel, or terminate the
contract in whole or in part. The Recipient is responsible for any and all costs or liability
arising from the Recipient's failure to so comply with applicable law.
16. Venue and Choice of Law: In the event that any litigation should arise concerning
the construction or interpretation of any of the terms of this Agreement, the venue of such
action of litigation shall be in the Superior Court of the State of Washington in and for the
County of Skagit. This Agreement shall be governed by the laws of the State of
Washington.
17. No Separate Legal Entity: It is understood and agreed that this Agreement is solely
for the benefit of the parties hereto and gives no right to any other party. No joint venture
or partnership is formed as a result of the Agreement.
18. Termination of Contract for Cause
a. If, through any cause, the Recipient shall fail to fulfill in a timely and proper
manner its obligations under this contract or if the Recipient shall violate any of its
covenants, agreements, or stipulations of this contract, the County shall thereupon have
the right to terminate this contract and withhold the remaining allocation if such default or
Page 4
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
violation is not corrected within thirty (30) days after submitting written notice to the
Recipient describing such default or violation. Further, in the event Recipient fails to
expend funds under this contract in accordance with State or Federal laws and/or the
provisions of the agreement, the County reserves to right to recapture funds expended to
Recipient in an amount equal to the extent of the noncompliance.
b. The County may unilaterally terminate all or part of this contract, or may
reduce its scope of work and budget, if there is a reduction in funds by the source of
those funds, and if such funds are the basis for this contract.
19. Termination for Public Convenience: The County may terminate the contract in
whole or in part whenever the County determines, in its sole discretion,that such termination
is in the best interests of the County. Whenever the contract is terminated in accordance
with this paragraph, the Recipient shall be entitled to payment for actual work performed at
unit contract prices for completed items of work. An equitable adjustment in the contract
price for partially completed items of worts will be made, but such adjustment shall not
include provision for loss of anticipated profit on deleted or uncompleted work. Termination
of this contract by the County at any time during the term, whether for default or
convenience, shall not constitute a breach of contract by the County. If sufficient funds are
not appropriated or allocated for payment under this contract for any future fiscal period, the
County will not be obligated to make payments for services or amounts incurred after the
end of the current fiscal period. No penalty or expense shall accrue to the County in the
event this provision applies.
20. Nonassignability: Neither this contract, nor any claim arising under this contract,
shall be transferred or assigned by the Recipient.
21. Taxes: All payments accrued on account of payroll taxes, unemployment
contributions, any other taxes, insurance or other expenses for the Recipient or its staff
shall be the sole responsibility of the Recipient.
Page 5
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
City of Anacortes
Signatu a
(Date 8/20/2024 )
Matt Miller
Print Name
Mayor
Title
Mailing Address:
904 61" Street
PO Box 547
Anacortes, WA 98221
Telephone No. 360-293-1900
Fed. Tax I D# 91-6001227
Contractor Lic. #. N/A
Page 6
Docu§gn Envelope ID:DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
DATED this 2� day of S+ , 2024.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Peter Brow m hair
Lisa Janicki, ConWissioner
Ayu" o�Z-0�
Attest: Ron Wesen, Commissioner
S
Clerk of the Board
For contracts under$5,000:
Authorization per Resolution R20030146
Reco ended: County Administrator
- -.4 IX-) %av�
Department Head
Approved as to form:
Civil Deputy Prosecuting Attorney
Approved as to indemnification:
Risk MarYager
Approved as to budget:
Budget& Finance Director
Page 7
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
Exhibit A
Economic Development Public Facility Project Application
Board of County Commissioners•1800 Continental Place•Mount Vernon WA 98273
.� voice 360-416-1300•www.skagitcountyA.net
Applicant Information ,Z
Organization City of Anacortes MAY J2024Address PO Box 547 State WA Zip 98221
40/Primary Contact Jonn Lunsford,Parks and Recreatiohone 360-293-1918
E-mail Address jonnl@cityofanacortes.org
Project Information
RCW 82.14.370(3)defines"public facilities"as bridges,roads,domestic and industrial water facilities,sanitary sewer facilities,earth
stabilization,storm sewer facilities,railroad,electricity,natural gas,buildings,structures,telecommunications infrastructure,
transportation infrastructure,commercial infrastructure,and port facilities In the state of Washington.
Project Name Depot Market Plaza Expansion Location 611 R Avenue
Project Type Construction Start Date 9/23/2024
Description Our Farmers Market attracts over 71,000 customers a season and supports 150 local farms and businesses.The
problem is they are outgrowing their current location. We plan to construct a 10,000 sf plaza at the Anacortes
Depot Community Center to accommodate the growth of the Anacortes Farmers Market,special events such as
Race Week and Anacortes Chamber of Commerce Events.The existing plaza has water and electrical services to
accommodate different vendor's needs. However,the Market has grown so much it has expanded into the
street where these utilities do not exist. The last time we expanded the Depot Plaza,the Farmers Market grew
by 43%shortly thereafter. We want to create the space and infrastructure to add more opportunity and jobs
for the Farmers Market and other events.
Use of funds Describe the specs of what funds will be spent on(e.g.,labor,equipment,material,etc.):
The funds will be spent on the construction of a 10,000 sf plaza that will have a brick surface with electric and
water utilities in underground vaults spaced throughout.The utilities will support the Market and events and
the plaza will provide ADA access white being drivable. The brick pavers will also allow for onsite stormwater
control.
Specifically the funds will go towards the planning and construction of the plaza:the plaza pavers,sand and
gravel underlayment,concrete for retaining structures,materials for utiity services and labor to perform the
work.
Required Resources
Provide a budget that shows a breakdown of project costs.Please also provide a breakdown of current and proposed funding that
clearly illustrates the total funding required for the project listed by individual funding source,including any money from the Public
Facilities fund.Specify any conditions attached to any funding sources.
Budget Total funding requested from Distressed/Rural County Sales and Use Tax
to fund public facilities projects in Skagit County(not to exceed$S00,000) $ 500,000
Amount primary sponsor/organization is contributing to the project $ 50,000
Other Funding Source: Site preparation and clean up:in kind $ 25,000
Other Funding Source: Planning,Permitting and Administration:force account $ 10,000
Other Funding Source: Chck her tr,ent=r t:x $ t=xt
Other Funding Source: ClicK here c enter te:,_ $ text
Other Funding Source: Click hcr .oentertox` $ tsxt
Total Project Cost
$ 585,000
Form Updated March 3,2022
Page 8
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
Comments Describe impact to project it not fully funded:
It is likely that the space would remain a grass field,
Growth Management
Planning Per RCW 82.14.370(3)(a),the pmjict must be listed as ansitem in the County's adopted overall economic
development plan,or the economic development section of the County's comprehensive plan,or your city or
town's comprehensive plan.Under h plan is the posed project contained?(Please attach a resolution or
ordinance documenting that the appr` "*Vhas included the project in one of the above plans.)
This concept behind this project is Included in the City's 2016 Comprehensive Plan adopted via Ordinance 2982.
Goal tU-5 from that plan calls for the creation of Community Gathering spaces.This project would add nearly
10,000 sf of usable year round public space for events and ecomic development.
Goal LU-8 from the plan calls for the enhancement of physical and visual access to the water;as this pavilion is
on the water next to Cap Sante Marina;this is dearly supported.
Goal ED-3 from requests year round opportunities for tourism. The Farmers Market alone bring over 70,000
people to their events throughout the year.
The planning for this project is specifically called for in the City's 2024-2029 Capital Facilities Plan,which was
passed via Ordinance 4066.
Project location Incorporated Area Zoning: Commercial Marine
page 2 of 5 Form updated 5/4/2023
Page 9
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
Value Proposition
Business Is this project supportive of a specific business?If so,how many?Please provide names of businesses if known.
The Anacortes Farmers Market has approximately 150 vendors available for weekly markets running May
through October. It also hosts a holiday market in November and smaller monthly market events January
through April. These vendors maybe sole owners,a family run business,farm with seasonal employees or non-
profit organization.
When the Depot Plaza first expanded in 2007,the Market was able to grow from 40 vendors to 70 vendors
according to interviews with former Market staff.This is a 43%increase due in part to this previous
improvement.If we can create a similar expansion with this plaza extension project,it would eventually result in
tremendous growth for the Market and the local farms and businesses that participate.
Race Week an international sailing event that is one of the larger non-Farmers Market events currently held at
the Depot Plaza. It brings in over 1100 visitors for the S day event.The residual effect in the town is
considerable given the need for accomodations,groceries and restaurant services for these guests.Developing a
special event space so near the Cap Stnte Marina and downtown retail core will have a beneficial effect on
other area businesses.
Jobs Describe,in specific detail,how this project will create jobs and/or allow for the retention of current jobs.
Of the 150 different vendors at the Farmers Market,107 are from Skagit valley. These are small farmers,
businesses and crafts people. The Farmers Market is a business incubator where entrepreneurs can test their
models to see if they can grow.It is a low barrier entry point where new farmers and business models
participate. About nine Market vendors have grown from the booths at the Market to storefronts downtown.
In doing so they evolved from 1 person operations into restaurants and stores that employ numerous local
residents.
In addition,the residual effect of this project will bring more tourists to town which will have a net positive
impact economically. While it is difficult to determine the exact number,the City has utilized the Washington
State County Travel Impacts and Visitor Volume study prepared by Dean Runyan Associates for the Washington
Tourism Alliance to estimate the number of jobs that may be created. The purpose of the study is to document
the economic significance of the travel industry In Washington State from 2000-2015. The findings show the
level of travel spending by those traveling to and through the state and the impact this spending has on the
economy in terms of earnings,employment and tax revenue.
The Farmers Market has over 2700 visitors a week.Of these,75 people are out of town visitors traveling over 50
miles according to Market research. Using the Runyon data below we can calculate the total number of dollars
spent by out of town guests:
Item per day numbers of days $spent per year
Shopping $12.00 26 $266,700
Grocery $10.00 26 $222,250
Restaurants $25.00 26 $555,625
Total: $1,044,575
Methodology:
Grocery,Shopping and Restaurants spending is based on the Runyon research Travel Impact Report.The Market
has events on 26 weekends throughout the year.According to the Runyon analysis,$75,220 of visitor spending
creates one(1)local job.Average wage caludations come from US Census data.
Job Detail Provide information on the following:(a)the average wage,including benefits,and the number of new jobs/FTEs;and
(b)the average wage,including benefits,as the result of the project.Please be specific as possible.Generic
information may not be scored.Do not include any construction-related jobs.
Jobs/FTEs Retained Jobs/FTEs Created 1-3 Years Jobs/FTEs Created 4 Years
Number of Jobs/FTEs 13.88 2 4
Average Wage/FTE $45,493 $46,857.79 $48,263.52
page 3 of 5 form updated 5/4/2023
Page 10
Docusign Envelope ID: DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
Pro(ect Timeline
Timeline Provide a timeline for the project.Please include specific deadlines for segments or phases of the project,
including total project begin date and completion date.
Project planning fall of 2024. Permitting phase in fall of 2024/winter 2025. Engineering and design winter of
2025.Bidding and Contracting,spring and summer 2025.Construction mobilization and construction fall 2025.
Phasing If this is a phased project,for which phase are you applying for funding?
We are not planning on phasing the project,we expect to plan,construct and complete the entire project.
Completion By what date will the project(or this phase)be complete?Funds will lapse and may not be spent after this date.
March 31,2026
Efforts So Far Summarize efforts taken to date regarding the project.What planning has taken place?Have engineering
reports and feasibility studies been prepared?If so,describe them.
The City owns this land in fee simple and has included this project in our Capital Facilities Plan. We have cleared
railroad tracks and ties from the site and are beginning the permit process through the City Planning
Department. We are consulting with local utilities on the best way to bring necessary power and water to the
site.Our City Engineers are reviewing this data to help us prepare our designs.
Acdon Plan
What quantifiable measures are you going to track to measure the success of the project?
The City will measure the use of this facility through the number of special event and facility use requests that it receives annually.
In addtion,the Anacortes Farmers Market provides the City with its annual visitor numbers and can include its annual income and
the number of vendors that participate at the Market.These can provide us with the rate of growth at the Market and associated
events.
Miscellaneous
Include information related to the project,if any,that would assist the Economic Development Advisory Committee and the Board
of County Commissioners in evaluating the funding request,such as emergency declarations,bird-in-hand industry,volunteer
efforts,links to other priority projects,etc.
In addition to the Farmers Market,there are on average 24 events each month at the Depot in Anacortes. These include
educational,economic and community gatherings. Multiplied throughout the year,this equates 288 events annually. Adding
another 10,000 sf of plaza space adjacent to the water will provide even more opportunities for markets,rentals and community
events.These will have point of sale benefits as well as larger tourism based benefits that reveberate through the local business
community.
Presentation
Names(s)of presenter(s)for the project
Jonn Lunsford,Anacortes Parks and Recreation Director.
page 4 of 5 form updated S/4/2023
Page 11
Docusign Envelope ID:DC38BD29-3ACF-49A6-ACC4-EB8CC38E23C8
Applkant Certification
The applicant here certifies and affirms(1)that It does not now,nor will it during the performance of any contract arising from this
application,unlawfully discriminate against any employee,applicant for employment,client,customer,or other person who might
benefit from said contract,by reason of age,race,color,ethnicity,sex,religion,creed,place of birth,or degree of handicap;(2)that
it will abide by all relevant local,state and federal laws and regulations;and(3)that It has read and understood the provisions and
restrictions in each part above and will comply with all provisions thereof.
Signature _ Date
Printed Name Jonn Lunsford Title Parks and Recreation Director
page 5 of form updated 5/1/2023
Page 12