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HomeMy WebLinkAboutC20060363 Interlocal Agreement . . a After Recording Return to: SKAGIT COUNTY PUBLIC WORKS 2 0 0 6 0 8 6 01 2 5 ANN MARIE GU-FA/VEIN Skagit County Auditor 1800 CONTINENTAL PLACE 8116I2006 Page of 4 2:14PM MOUNT VERNON, WA 98273 INTERLOCAL COOPERATIVE AGREEMENT SKAGIT COUNTY BETWEEN Contract # C20060363 Page 1 of 4 CITY OF ANACORTES AND SKAGIT COUNTY FOR THE PURPOSE OF SURFACE TRANSPORTATION PROGRAM FUNDS TRANSFER THIS AGREEMENT is made and entered into by and between City of Anacortes ("City") and Skagit County, Washington ("County") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: The City and the County wish to exchange $600,000 of the City's federal Surface Transportation Program (STP) funds designated for use on the Sunset Avenue Pedestrian Improvements Project for $600,000 of the County's Road Fund monies. The federal funds will be used by the County on the Helmick Road project that already has federal funds. The Road Fund monies will be used by the City on its Sunset Avenue Pedestrian Improvements Project. 2. RESPONSIBILITIES: City: The City shall direct by written communication the Skagit Council of Governments (SCOG) and the Washington State Department of Transportation (WSDOT) to transfer $600,000 of the City's STP federal funds to Skagit County. The City will also direct the Skagit Council of Governments to notify Skagit County in writing when the administrative transfer is complete. Page 1 of 4 County: The County will transfer $600,000 of County Road Fund dollars to the City by warrant after the County has been notified by SCOG that the transfer of the STP funds has been made to Skagit County's Helmick Road Project. 3. TERM OF AGREEMENT: The term of this Agreement shall be from date of execution through December 31, 2007. 4. MANNER OF FINANCING: SCOG shall notify Skagit County Public Works when the $600,000 in STP federal funds have been transferred from the City and is available for Skagit County use on the federally funded Helmick Road Project. After the above notification, the County shall transfer $600,000 by warrant from the Road Fund to the City of Anacortes for the Sunset Avenue Pedestrian Improvements Project. 5. 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. 5.1 The County's representative shall be the Public Works Director. 5.2 City's representative shall be the Public Works Director. 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written aareement SKAGIT COUNTY Page 2 of 4 II11I[I11111111111111 Contract# C20060363 200608160125 Skagit County Auditor Page 2 of 4 8118/2006 Page 2 of 4 2:14PM executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 12. OTHER PROVISIONS: . IN WITNESS WHEREOF, the parties have executed this Agreement this j� day of , 2006 . APPROVED: CITY OF ANACORTES: BOARD OF COUNTY COMMISSIONERS GIT COUNTY WASHINGTON alartt Signatory i KENNETH A. DAHLSTEDT, Chairman (Date "7lrci/c ) Mayor Dean Maxwell Signatory D W. ANDER ON, Commissioner Mailing Address: J(Y1 hiLAAJk-- PO Box 547 DON MUNKS, Commissioner Anacortes, WA 98221 For Agreements under $5000 Ian Munce, City Attorney County Administrator (Authorization per Resolution#R20030146) Recommended: By: Department Head Page 3 of 4 Si(AGiT COUNTY 2 4 0 b 0 81 b 41 2 5 Contract# C20464363 Skagit County Auditor Page 3 of 4 8116/2006 Page 3 of 4 2:14PM Budget & Finance inistrator Approved as to Indemnification: <s1 Risk Manager Attest Approved as Fo By: CI rk of the Board putt' Prosecuting Attorney SKAGIT COUNTY Page 4 of 4 1111111Contract # C20060363 200608160125 Page 4 of 4 Skagit County Auditor 8116(2006 Page 4 of 4 2:14PM