HomeMy WebLinkAboutC20050124 Interlocal Agreement SKAGIT COUNTY
,Z0°5 °° Contract# C20050124
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After Recording Return to:
SKAGIT COUNTY BOARD OF COMMISSIONERS 111,11111111111111111111111
1800 CONTINENTAL PLACE, SUITE 100 2 0 0 5 0 3 1 5 01 1 5
MOUNT VERNON,WA 98273 Skagit County Auditor
3/15/2005 Page 1 of 9 2:29PM
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY AND CITY OF ANACORTES
THIS INTERLOCAL`. AGREEMENT is entered into this (1- day
off, 2004 between Skagit County, Washington (the "County") and the City of
Anacortes, a Washington Municipal Corporation (the "City") pursuant to the authority
granted by Chapter 39.34 RCW,INTERLOCAL COOPERATION ACT.
WHEREAS, the County is authorized by RCW 82.14.370 and Laws of 1999,
Chapter 311 (collectively,the"Act")to impose a sales and use tax not to exceed eight one-
hundredths of one percent (0.08%) for the purpose of financing public facilities in the
County(the"Tax"); and
WHEREAS, the County imposed the Tax at,the maximum statutory rate pursuant
to Ordinance No. 17478, adopted by the Board of Skagit?County Commissioners on
June 21, 1999; and
WHEREAS, the Act authorizes the County to deduct the amount of the Tax from
the amount of tax otherwise required to be collected or paid over to the Department of
Revenue under Chapter 82.08 or 82.12 RCW; and
WHEREAS, the County has relied on the Legislature's express intent that the
County impose the Tax and use it to finance public facilities for not longer than 25 years to
promote the ongoing operation and expansion of business in rural distressed areas, to
attract new businesses to rural distressed areas, to assist in the development of new
businesses from within rural distressed areas, to provide family wage jobs to the citizens of
rural distressed areas and to promote the development of communities of excellence in
rural distressed areas; and
WHEREAS, the County has consulted with cities, towns and port districts within
the County regarding the use of Tax proceeds; and
WHEREAS, an advisory committee appointed by the County convened on
May 18, 2004 and reviewed thirteen project applications for public facility funding, the
aggregate sum of which was $2,991,545; and
Intel-local Agreement
Skagit County and City of Anacortes
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WHEREAS, the advisory committee recommended nine project applications for
funding totaling$1,642,750; and
WHEREAS,,the advisory committee recommended the specific proposal, the
"2005 and 2006 Downtown Improvement" project (the "Project") of the City described
herein for funding totaling-$90;000;and
WHEREAS, the recommendation for approval of the Project has been adopted by
the Board of County Commissioners pursuant to Resolutions No.R20040180, dated
May 24,2004, and R20040192 dated June 14,2004; and
WHEREAS, the County and the City, by their respective governing bodies, have
determined that it is in the best interest of each jurisdiction to cooperate in disbursing Tax
proceeds received by the County pursuant to the Act;and
WHEREAS, pursuant to the'anterlocal':Cooperation Act(Chapter 39.34 RCW),the
County and the City are authorized'to exercise their powers jointly and thereby maximize
their abilities to provide services and facilities which will best fulfill common needs;and
WHEREAS,the Project is in compliance with the Anacortes Comprehensive Plan.
NOW, THEREFORE, in consideration-of the mutual covenants contained herein,
the County and City agree as follows:
AGREEMENT
1. Effective Date/Duration:
This Agreement shall become effective on full execution hereof, and shall expire
upon completion of the Project. Work on the project°.shall -commence within
(thirty) 30 calendar days of the effective date of this Agreement_and shall be
substantially complete within 24 months from the effective'.date of this Agreement.
For the purposes of this paragraph, the term "substantially complete .shall mean
"when the contract work has progressed to the extent that the Contracting Agency
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 City shall-"reinaiii.
the ro s p Cit ' e y property,with no obligation to pay the County therefore.
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2. 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 or greater
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Interlocal Agreement—
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than°:this Agreement. In the event such representatives are changed, the party
making the change shall notify the other party.
2.1 The County's representative shall be the Budget and Finance Administrator:
Trisha Logue
Skagit County .
700 South Second,Room 202
Mount Vernon,WA 98273
2.2 The City's.representative shall be the Assistant City Engineer:
Jeffrey M.Miller
City of Anacortes
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.
3. Purpose: The purpose of this Agreement is to formalize a commitment whereby
the County will allocate to the City the sum specified herein, in consideration of
which the City will complete the Project (as defined below) upon the terms and
conditions described herein.
Improve the aesthetics and ambiance of Historic Downtown Anacortes by replacing
broken sidewalks and upgrading street trees and street lighting. The 2005 phase in 45;oao
the sidewalk project will be on Commercial Avenue between 10th and 11`f' Streets.
The 2006 phase in the sidewalk project will be on Commercial Avenue between 9'h� 000,
and 10th Streets. /S
4. Construction:
The City agrees to design, construct and complete the project described herein.
The County shall have no responsibility for the design or construction of said
project and the City shall have the sole authority to determine its design,
construction, location, and to enter into partnerships, contracts, or other legal
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arrangements with potential investors and/or users thereof to assist in financing
and/or construction and permitting,in the manner allowed by law.
5. Grant Amount/Project Reimbursement/Budget:
The County agrees to grant $90,000 towards the total project cost estimated at
$390,000 representing approximately 23% of the total project cost. The City
acknowledges that such amount may be derived from Bond proceeds.
Progress payments shall be submitted by the City to the County for reimbursement of
project costs, and shall be based upon progress billings. The County shall upon
receipt of appropriate documentation, reimburse the City within 60 days,but no more
often than monthly,through the County voucher system.
Actual design and construction costs will be based upon contracts let for public bid
pursuant to law. The application for Public Facility Funding, attached as Exhibit
A, shall also be recognized as a part of this agreement. The City thereby warrants
and guarantees that said Project shall be completed as described herein not
withstanding any cost overruns incurred in the course of design or construction.
6. 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, inspection of all records or other materials, which the County
deems pertinent to the Agreement and its performance. The City shall preserve and
maintain all financial records for this project in a separate financial record from
general operating or other project funds 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.
7. Modifications:
This Agreement may be modified only by the written consent of each party.
8. Defense&Indemnity Agreement:
The City agrees to defend, indemnify and save harmless the County, its appointed and
elected officers and employees,from and against all loss or expense,including but not.
limited to judgments, settlements, attorneys 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 City, its subcontractors, its elected officers,
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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.
9. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the
County, its officers,.,agents and employees, the City expressly waives its immunity
under Title 51;-of the. Revised Code of Washington, the Industrial Insurance Act, for
injuries to its employees'and agrees that the obligations to indemnify,defend and hold
harmless provided in this Agreement extend to any claim brought by or on behalf of
any employee of the City. This waiver is mutually negotiated by the parties to this
Agreement.
10. 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.
11. No Separate Legal Entity:
No separate legal entity is created hereby, as each of the parties is contracting in its
capacity as a municipal corporation of the State of Washington. No joint oversight
and administration board is created hereby. For purposes of RCW 39.34.030(4)(a),
the City's Assistant Engineer shall administer the"Project:
12. Severability: If any term or condition of this agreement or the application thereof to
any person(s) or circumstances is held invalid, such invalidity shall not affect other
terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this contract are
declared severable.
13. Waiver:
Waiver of any breach or condition of this contract shall not be deemed a-waiver`of any
prior or subsequent breach. No terms or conditions of this contract shall be held,.to,,be
waived, modified or deleted except by an instrument, in writing, signed by the parties.-
hereto.
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114. > -Entire Agreement:
:-'This written agreement represents the entire Agreement between the parties and
supersedes any prior oral statements, discussions or understandings between the
parties.
IN WITTIESS WHEREOF, the parties have signed this Agreement as of this (
day of c-k.. , . a005.
CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
--u a_.-714...." - ibr, iVtLkivati-
Dean Maxwell,Mayor Don Munks, Chairman
r
ATTEST: D.
Kenneth A.Dahlstedt,Commissioner
LOOAA
- ..zirk-6.ti--
Clerk, City Anac es 1/Ted W. Anderson,Commissioner
APPROVED AS-TO CONTENT:
Budget/FinanceiA inistrator
APPROVED AS TO FORM:
.5_ -
Attorney, City of Anacortes Risk Manager
APPROVED AS TO FORM
1111 1111110111111111111 Civil Deputy 20503150115
Skagit County Auditor AT T:
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JoA iesbrec ,Clerk of the Board
SKAGIT COUNTY APPROVED
Contract# C20050124
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IDTTERLOCAL AGREEMENT
PAGE 7 "EXPIBIT A"
APPLICATION FORM
SKAGIT COUNTY ECONOMIC DEVELOPMENT
PUBLIC FACILITY PROJECT APPLICATION
For Projects Funded by Skagit County's Economic Development Public Facilities
Distressed/Rural County Sales and Use Tax
Per Skagit County Code,Chapter 3.09 Distressed County Sales and Use Tax and
RCW, 82,14.370 Local Option Sales and Use Tax
GENERAL INFORMATION
PROJECT NAME Downtown Improvement Project
PROJECT TYPE Commercial Infrastructure
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,or commercial infrastructure, and port facilities in the
state of Washington.
PROJECT DESCRIPTION
This project enhances the economic viability of the downtown business district by improving the aesthetics and
ambiance of Historic Downtown Anacortes. The City has utilized a Skagit County Economic Development Grant to
supplement the downtown storm drainage/sidewalk project so that historically accurate streetlights could be
installed. The finished project echoes the feel of an earlier age with streetlights nearly identical to those on
Commercial Avenue in the 30's and 40's.
The downtown storm drainage/sidewalk project is in the process of completing the fourth year of a seven-year
program to replace the broken sidewalks and upgrade street trees and street lighting on a block-by-block program.
The 2005 project will also include partnering with the Chamber of Commerce-on their "Old Town Anacortes"
archway. This project in coordination with the Downtown Sidewalk project will create an identity for downtown
Anacortes, and its location just off of SR20 will attract travelers and tourists to our central business district.
This proposal, like the previous successful grants, will result in two more city blocks being improved The
improvements will include new curb, gutter and sidewalks,street trees, 30's style street light fixtures with updated
plant hangers. There is also a feature added to bring back the historical look with stamped brick to replicate the old
brick gutter lines..
The ribbon-cutting ceremony that marked the completion of the first block of work in 2001 serveutas the stimulus
that kicked off the community-based drive to establish an identity for downtown Anacortes-.an identity that will
draw people to this historic area thereby increasing the vitality of the business community.
111 11 plan Ell
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SKAGIT COUNTY
Skagit County Economic Development Public Facilities Project Ap Contract# C20050124
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ppINTERLOCAL AGREEMENT
„APPLICATION FORM
::-PROTECT LOCATION
The coordinated Downtown Arch project will be located at I1'h&Commercial.
The 2605 phase in the sidewalk project will be on Commercial Avenue between 10th&11'6 Streets.
The 2006 phase of the sidewalk project will be on Commercial Avenue between 9'h and 10th Streets.
PRIMARY SPONSOR/ORGANIZATION
ORGANIZATION NAME City ofAnacortes
ADDRESS _ PO Brit 54Z::
CITY/TOWN Anocort's . STATE,ZIP WA, 98221
PRIMARY CONTACT PERSON ,jefirreii.M Miller, P.E.,Assistant City Engineer
TELEPHONE NO. 360.293.1980` :: FAX NO. 360.293.1938
E-MAIL mi11er1(dcitvofanacortes org
FUNDING REQUEST
Funding requested from Distressed/Rural County Sales.and
Use Tax to fund Public Facilities Projects in Skagit County $ 90,000.00
Amount primary sponsor/organization is contributing to project $_300,000.00
Total project cost , S. 390,000.00
List other committed funding components of the project? Funding priority will be given to projects that have
partnership funding.
The coordinated Archway Project at I I h and Commercial Avenue and the sidewalkrepi'acement project between
10th and 11`h Street is being funded cooperatively by:
• The City
• The Chamber of Commerce
• Skagit County Economic Development Grant ._.
The downtown sidewalk project has been funded by:
• Skagit County Economic Development Grant ,
• City sewer funds
• Arterial street funds. 111:1111111111111
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SKAGIT COUNTY
Contract# C20050124
Skagit County Economic Development Public Facilities Project Applicai
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INTERLOCAL AGREF.NE)\TY
PAGE 9
,:-APPLICATION FORM
ADDITIONAL INFORMATION
Does the project comply with the applicable comprehensive plan?
,des`
2) Is the project within an-Urban Growth Area?
Yes
3) Describe in detail how this project will (a)result in the creation ofjobs and/or (b)allows for the retention
of current jobs.
This project will result in both the creation and the retention ofjobs. By creating a more attractive,vital -
downtown businesses will be able to be more successful, and vacant store-fronts will be filled.
Since this project has started in 2001,.Business and Property Owners have taken pride and ownership of
this project in the blocks that have been completed They are remodeling,painting and helping change the
look of the downtown Central Business Corridor. There are less vacant storefronts and new businesses
moving into the downtown area.
4) Provide information on the following:, (a)the:•average wage of new employees, if applicable,including
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health care benefit components,and/or(b>the average wage of retained employees,if applicable,including
health care benefit components.
5) Provide a timeline of the project, including project begin-date and completion date.
The Archway Project is currently designed and waiting for construction to start. This project will happen
when the sidewalk replacement project begins between.10"and 11`h Street in February of 2005 and
completed on or before April 1, 2005_ - -
The Downtown Sidewalk Project has been and will continue to be scheduled for the period between
Valentines Day and the start of the Tulip Festival to minimize the impacts.to businesses_
6) Include information related to the project,if any,which would assist the Economic Development Advisory
Committee and the Board of County Commissioners in evaluating the projectproposalfunding request.
See attached photos of 2002 and 2003 Sidewalk project.Included are before andafter.photos.
Date: / —5D —./
S gnature of r ization Representative .
public facility proj app/April2004
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1 IJI tlopment Public Facilities Project A licati S 'CaIT �Ol) O.24
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