HomeMy WebLinkAboutIL030 Interlocal Agreement INTERLOCAL AGREEMENT
Regarding
CITY OF ANACORTES ARTS COMMISSION—
SELECTION OF ARTIST AND CONCEPTUAL DESIGN FOR CENTRAL PLAZA
PLACEMARKER AT THE CAP SANTE BOAT HAVEN
Between
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THE PORT OF ANACORTES,
a municipal corporation of the State of Washington,
and
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THE CITY OF ANACORTES,
a municipal corporation of the State of Washington.
INTERLOCAL AGREEMENT
Regarding
CITY OF ANACORTES ARTS COMMISSION—
SELECTION OF ARTIST AND CONCEPTUAL DESIGN FOR CENTRAL PLAZA
PLACEMARKER AT THE CAP SANTE BOAT HAVEN
THIS AGREEMENT (the "Agreement"), dated this /V*.day of r &'.t- , 2006, is made
pursuant to Ch. 39.34 RCW,by and between:
THE PORT OF ANACORTES, a municipal corporation of the State of
Washington; and
THE CITY OF ANACORTES, a municipal corporation of the State of
Washington
(collectively, the "Parties").
A. RECITALS
WHEREAS, the City of Anacortes ("City") has established an Arts Commission (the
"Commission") for the purpose of promoting arts awareness and development in the Anacortes
community; and
WHEREAS, the City, by and through the Commission, is seeking locations for public art in
outdoor settings throughout Anacortes and has expressed an interest in cooperatively working
with the Port of Anacortes ("Port"), through an Interlocal Agreement, for the placement of public
art on Port property, specifically the redeveloped upland area of the Cap Sante Boat Haven; and
WHEREAS, the Cap Sante Boat Haven - West Basin Redevelopment project includes a Central
Plaza that will serve as a public square in which a proposed vertical "Placemarker" piece of
public art is planned to be placed in the Central Plaza at the Boat Haven; and
WHEREAS, the Port and the City, by and through the Commission, desire to partner together in
completing the artist selection process for the creation of the Placemarker as well as to further
define the design for the Placemarker; and
WHEREAS, the Interlocal Agreement Act, Ch. 39.34 RCW, permits governmental entities,
including municipal corporations like the Port and the City, to enter into interlocal agreements,
such as this Agreement;
Interlocal Agreement
Anacortes Arts Commission
Page 2
THEREFORE, for and in consideration of the mutual terms and conditions contained herein,
the Parties hereby agree as follows:
B. TERMS AND CONDITIONS
1. Purpose. The City, acting by and through the Commission, shall administer a
selection process so that it may recommend to the Port's Commissioners an artist
and conceptual design for a Placemarker to be located at the Central Plaza of the
West Basin at the Cap Sante Boat Haven.
2. Access. The Port hereby grants the City, acting by and through the Commission,
and its contractors, access to the Central Plaza of the Cap Sante Boat Haven for
the purpose of planning for the placement of public art in accordance with the
documents, terms and conditions of this Agreement.
3. Project Administration. The City, acting by and through the Commission, shall
be responsible for:
a. Administering and completing the Request For Qualification (RFQ)
process;
b. Selecting up to three artists based on the commissions opinion of their
ability to provide an appropriate piece of artwork and overseeing their
development of a three-dimensional conceptual design and a cost estimate to
implement that design if selected;
c. Paying each of the final artists $1,000 for the production of a three-
dimensional conceptual design of their project along with a cost estimate for the
implementation of their design if selected;
d. Selecting a final artist and design to be placed in the Central Plaza of the
Cap Sante Boat Haven for recommendation to the Port's Commissioners.
4. Appointment of Port Staff to Jury Selection Committee. The Port shall appoint up
to two staff members to the Jury Selection Committee to assist in carrying out the
purpose created herein, including the selection of an artist and design as provided
in paragraph 3 above.
5. Payment. The Port promises to:
a. Reimburse the City for the reasonable administrative costs incurred in
carrying out the purpose created herein. The administrative costs covered by this
provision shall be paid by the Port upon receipt of documentation acceptable to
the Port and under not circumstances shall the total of such costs exceed$1,000.
b. Reimburse the City for payment of the $1,000 fee paid to each of the final
artists, chosen by the Commission through the RFQ process (total fees to be
reimbursed under this sub-paragraph shall not exceed $3,000). Said fees will be
for the production of a three-dimensional conceptual design of their project along
with a cost estimate for completion and final consideration. However, the Port, in
accordance with RCW 42.24.080, will only pay each $1,000 artist fee provided in
this subparagraph upon delivery of a three dimensional conceptual design and a
cost estimate by a finalist.
Interlocal Agreement
Anacortes Arts Commission
Page 3
6. Timing. The City, acting by and through the Commission, shall complete the
selection process for recommendation to the Port's Commissioners as early as
practicable,but no later than September 15, 2006.
7. Dispute Resolution. The Parties shall attempt to resolve all claims, disputes, and
other matters in question, arising out of or related to this Agreement, first through
infor-nal discussions and then through formal written notification and cure, before
resorting to arbitration or litigation.
8. Term. This Agreement shall be effective when signed and notarized by the duly
authorized governing bodies of the Port and the City. It shall expire upon the
City's, acting by and through the Commission, recommendation to the Port's
Commissioners of an artist and conceptual design for the Placemarker.
9. Entire Agreement. This Agreement, including its Recitals, embodies the Parties'
entire agreement on the issues covered by it, except as supplemented by
subsequent written agreements the Parties make. All prior negotiations and draft
written agreements are merged into and superseded by this Agreement.
10. Modifications. No modification, teitiiination or amendment of this Agreement
may be made except by written agreement signed by all the Parties, except as
provided herein.
11. Severability. If any term or condition contained in this Agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality or unenforceability shall not affect any other term or
condition hereof, and this Agreement shall be construed as if such invalid, illegal
or unenforceable provisions had never been contained herein.
12. Waiver. No failure by the Parties to insist upon the strict performance of any
term or condition of this Agreement, or to exercise any right or remedy upon a
breach thereof, shall constitute a waiver or breach of any other term or condition
of this Agreement.
13. Governing Laws. This Agreement and the rights of the Parties hereto shall be
governed by and construed in accordance with the laws of the State of
Washington.
14. Execution. The persons signing below represent and warrant that they have the
requisite authority to bind the Party on whose behalf they are signing.
Interlocal Agreement
Anacortes Arts Commission
Page 4
IN WITNESS HEREOF, the Port and the City Arts Commission have caused this Agreement to
be executed in their names and to be attested by their duly authorized officers this day of
, 2006.
PORT OF ANACORTES
By: t'
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Robert C. Elsner, Interim Executive Director
Date: Jt( e I ;Z0t le
State of Washington
Skagit County
Signed an l-attW i tpi before me on e /i4t.e "% , 2006 by Robert C. Elsner.
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CITY OF ANACORTES
By:
Signature
H. Dean Maxwell,M yor
Date: '7/ l 7 / L'
State of Washington
Skagit County II
Signed and attested to before me on � (A( ( l 1 , 2006 by H. Dean Maxwell.
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