HomeMy WebLinkAboutC20050388 Interlocal Agreement RECEIVED
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- Skagit County Auditor
9114/2005 Page 1 of 13 9:52AM
AFTER RECORDING RETURN TO:
SKAGIT COUNTY BOARD OF COMMISSIONERS
1800 CONTINENTAL PLACE,SUITE 100
MOUNT VERNON,WA 98273
Document Title: Interlocal Cooperative Agreement
between Skagit County and City of
Anacortes
Reference Number :
Grantor(s1: L] additional grantor names on page
1. Skagit County
2. •
Grantee(s): L] additional grantee names on pa9e .
1. City of Anacortes
2.
Abbreviated legal description: [—] full legal on page(s)
Assessor Parcel / Tax It) Number: Li additional tax parcel number(s) on page
SKAGIT COUNTY
Contract# C20050388
Page 1 of 13
.
After Recording Return to:
SKAGIT COUNTY BOARD OF COMMISSIONERS
1800 CONTINENTAL PLACE, SUITE 100
MOUNT VERNON,WA 98273
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY AND CITY OF ANACORTES
THIS INTERLOCAL AGREEMENT is entered into this ' day o 2005 between
Skagit County, Washington (the "County") and City of Anacortes, a Washington unicipal Corporation
(the "Contractor") 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 June 29, 2005 and
reviewed 13 project applications for public facility funding, the aggregate sum of which was
$4,646,044; and
WHEREAS, the advisory committee recommended 8 project applications for funding totaling
$1,636,000; and the Board of County Commissioners added an additional project for approval bringing
total funding to $1,788,000; and
SKAGIT COUNTY liii I IIlhII1JI11 Il,lII%IllIffll Contract# C20050388 2005 0906
Skagit County Auditor
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Interlocal Agreement
Skagit County and City of Anacortes
Page 2 _..
WHEREAS, the advisory committee recommended the specific proposal, the Thompson Road
Sewer Extension project (the"Project") of the Contractor described herein for funding totaling$66,000;
and
WHEREAS, the recommendation for approval of the Project has been adopted by the Board of
County Commissioners pursuant to Resolution No. R20050271, dated August 1, 2005; and
WHEREAS, the County and the Contractor 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 Interlocal Cooperation Act (Chapter 39.34 RCW), the County and
the Town 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 complies with the Contractor's Comprehensive Plan.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the County
and the Contractor 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 Contractor shall remain the Contractor's property,
with no obligation to pay the County therefore.
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 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 101111111111V111111QPSkagit County
1800 Continental Place, Suite 100 2 05 0 940 6
Skagit County Auditor
SKAGIT COUNTY 9/14/2005 Page 3 of 13 9:52AM
Contract # C20050388 — - —
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Interlocal Agreement
Skagit County and City of Anacortes
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Mount Vernon,WA 98273
2.2 The Contractor's representative shall be:
Fred Buckenmeyer
City of Anacortes
P.O. 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 foiivalize a commitment whereby the County will allocate to
the Contractor the sum specified herein, in consideration of which the Contractor will complete the
Project(as defined below)upon the terms and conditions described herein.
4. Construction:
The Contractor 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 Contractor shall
have the sole authority to determine its design, construction, location, and to enter into partnerships,
contracts, or other legal 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 $66,000 towards the total project cost estimated at $275,000
representing approximately 24% of the total project cost. The Contractor acknowledges that
such amount may be derived from Bond proceeds
Progress payments shall be submitted by the Contractor 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 Contractor 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 Contractor will account for all expenditures made for the project. The application for
Public Facility Funding, attached as Exhibit A, shall also be recognized as a part of this
agreement. The Contractor hereby warrants and guarantees that said Project shall be completed
as described herein not withstanding any cost oven-u ' `' - Pcirrn nr
construction. 11flhIfIjt1(fl (4I
SKAGIT COUNTY 2 00406 8
Contract# C20050388 Skagit County Auditor
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Interlocal Agreement
Skagit County and City of Anacortes
Page 4
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 Contractor 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. 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.
8. Modifications:
This Agreement may be modified only by the written consent of each party.
9. Defense&Indemnity Agreement:
The Contractor 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, 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 Contractor, 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.
10. Industrial Insurance Waiver:
With respect to the performance of this Agreement and as to claims against the County, its officers,
agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injur+PQ +r its Pr nlnvpVPc�11anrI1 rt.r`Pc thQf flip
obligations to indemnify, defend and hold harmless provid II11Ji IIGI�lll���lli �l
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SKAGIT COUNTY Skagit
5 County9 40 Audito068r
Contract# C20050388 9/14/2006 Page 5 of 13 9:52AM
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Interlocal Agreement
Skagit County and City of Anacortes
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brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by
the parties to this Agreement.
11. 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.
12. 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 Contractor's representative to
administer the Project shall be Fred Buckenmeyer.
13. 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.
14. 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.
15. Entire Agreement:
This written agreement represents the entire Agreement between the parties and supersedes any
prior oral statements,discussions or understandings between the parties.
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couNTf 0068
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Contract # C20050388 Skagit County Auditor
Pace 6 0113 9114/2005 Page 8 of 13 9:52AM
Interlocal Agreement
Skagit County and City of Anacortes
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IN WITNE HEREOF, th parties have signed this Agreement as of this
day of U? ,2005.
CONTRACTOR BOARD OF COUNTY COMMISSIONERS
SIKAGIT COUNTY, WASHINGTON
0 -74 t,stA„A.1„
Don Munks, Chairman
ATTEST: 0. 13
Kenneth A. Dahlstedt, Commissioner
�„ _ ,1 ABSENT
'L �� Ted W. Anderson, Commissioner
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
..147A.&
Department Head
Budget/Finance Administrator
\--61:64:(/
Risk Manager
APPROVED AS TO FORM:
�•
Civil Deputy
ATTEST:
clyalteLl:eLhreZ
SKAGIT COUNTY 1111111
Contract# C20050388 2 0 0 9 4 6
Page7 of 13 Skagit County Auditor
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SKAGIT COUNTY ECONOMIC
DEVELOPMENT PUBLIC FACILITY
s� �.fVed Pitede PROJECT APPLICATION
is'HINo 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
City of Anacortes
Fred Buckenmeyer
904 6th Street P.O. Box 547
Anacortes
Washington Zip Code: 98221
Telephone: (360)293-1920 Fax: (360)293-1938
Email: fredb@cityofanacortes.org •
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General 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.
Thompson Road Sewer Extension
Project Type: Sanitary Sewer
Project Location: Thompson Road
Project Date: June 2005
Project Description:
This project will extend sewer the current location at the intersection of Thompson and South
March Point Road, southerly and easterly for approx 2000 feet.The proposed sanitary sewer
extension will provide the necessary infrastructure to allow for economic growth and
development of approx 20 acres of LM light manufacturing zoned property within the city limits.
40 The sewer will be situated to allow future potential extensions to the south and the west.
The sewer will also serve the existing Skagit County Fire District : j11 1111 1 l PINIP
200 0 0� 68
SKAGIT COUNTY Skagit County Auditor
Contract# C20050388 9/14/2005 Page 8 of 13 9:52AM
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Required Resources
Provide a project budget that shows current and proposed funding that clearly illustrates the total
funding required for the project from the Public Facilities fund. Specify any conditions attached to
any funding sources.
Funding Requested from Distressed/Rural County Sales and
Use Tax to Fund Public.Facilities Projects in Skagit County $ 150,000
Amount Primary Sponsor/Organization is Contributing to the Project $ 125,000
Total Project Cost $ 275,000
Comments: City funds will be allocated from its sewer fund.
Growth Management
RCW 82.14.370(3) (a), public facilities must be listed as an item in the officially adopted
county/city overall economic development plan or economic development section of the
county's/city's comprehensive plan. Under which plan is the proposed project contained? Please
provide documentation that the project has been approved by the appropriate authority.
(Resolution, ordinance, etc)
fin which plan is the project contained?] Economic Development section of City Comp Plan
Ordinance #2294 and Amendments
Is the project located in an Urban Growth Area?
Yes, the project is within the corporate limits of Anacortes
➢ What is the zoning on the proposed project site?
LM Light Manufacturing
11S2kliglig°1111t,
fPage 2 �l � ! i09 '��0 j0bSKAGIT COUNT' 9/?4l2005 pgCountyA fditor
Contract# C20050388 93 9:52enn
Value Proposition _
> How will this project improve local infrastructure capacity? Who much additional capacity will
be provided for future development?
This project will extend sanitary sewer to an area currently not served by sewer. It will also
provide capacity to allow for future extensions.
➢ Is this project supportive of a specific business? If so, how many?
Included in the service area is Skagit County Fire District No. 13 Station.
> Describe, in detail, how this project will result in the creation of jobs and/or allow for the
retention of current jobs.
The area proposed for sewer service by this project is prime industrial/manufacturing land in
the City of Anacortes. This area is ideally suited to manufacturing with large parcels of land
supported by potable water, easy access, and good visibility from SR20.
Completion of this sewer project will allow development of parcels zoned Light Manufacturing
(LM)to their full potential, providing additional manufacturing jobs in the Anacortes area.
Development as of this date is limited by poorly or non-operating septic systems due to very
• high groundwater levels in the area.
➢ Provide information on the following: (a)the average wage, including health care benefits,
and the number of new employees; and/or(b) the average wage, including health care
benefits, and the number of retained employees.
Projections are difficult to quantify since this grant is only for sanitary sewer. However, the City
has assumed 8 jobs per acre (LM Zone). Ten acres has conservatively been used for the
estimates below; however, if existing home owners sell within 5 years, these numbers would
increase.
Jobs Retained Jobs Created 1 —3 Jobs Created 3-5
Years Years
Number of Jobs 0 32 48
Average Wage 0 $30,000 $35,000
Benefits 0 $13,500/employee $16,800/employee
Total Compensation 0 $1,392,000 $2,486,400
I11JJJ11JJJII1l11iJfi1jIjJ1IJI II jjPage 3SKAGIT COU? 20050068
C2pp5t)388 Skagit County Auditor
Contract# 9/14/2005 Page 10 of 13 9:52AM
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Project Timeline _
➢ Provide a timeline for the project, including project begin date and completion date.
Design: January 2006
Construction: March 2006
Completion Date: April 2006
> Is this a phased project? If yes, how many phases? Over how many years? For which
phase is the requested funding being applied?
One Phase. One Year.
> Summarize efforts you've taken to date regarding the project. What planning has taken
place? Have engineering reports and feasibility studies been prepared? If so, describe
them.
Feasibility studies and service area pre-design reports have been prepared by Leonard
Boudinot and Skodje in July 2002.
411 -
Action Plan
➢ What quantifiable measures are you going to track to measure the success of the project?
The project tracking is anticipated to be straight forward and the construction duration
relatively short.
Regards to new jobs, the City can measure this success by inquiring each new business
owner and asking how many people they employ. Without city sewer, expansion of LM in the
area would not be possible.
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SKAGIT COUNTY 0 4 0 0 6 8
Contract# C20050388 Skagit County Auditor
9/14/2005 Page 11 of 13 9:52AM
Miscellaneous _.
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 funding request,
such as emergency declarations, bird-in-hand industry, volunteer efforts, links to other priority
projects, etc.
•
The proposed project represents the efforts of the City and the property owners to provide
sanitary sewer to the area. A number of meetings have been held with the property owners to
discuss the details of the project. Property owners as well as the City support the concept. •
This project is designed to attract manufacturing jobs along the Hwy 20 corridor as shown in the
City's Master plan.
Previous grant awards from Skagit County have provided funding for the eastern portion of this
particular service area, near Molly Lane, Reservation Road and Stevenson Road. This grant
request compliments and completes the next portion of the service area near Thompson Road.
0110
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1.. a (1/111L 6/0/0
Signature of Organization Representative Date
Page 5
syAGIT COUNTY INANIPPP
0 9 Auditor
C20050388 gkaglt County12
Contract# Of 13 9:52AM
. SKAGIT COUNTY
Contract# C200503.
Page 13 of 13
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• ______— / —
REVISED: DATE: 06-13-05 �,vf c..
SANITARY SEWER 00-00—CO COMPUTER NAME: ANNEXSS.dwg Alibi
EXTENSION CREATED BY: CITY OF ANACORTES GIS
VICINITY MAP 904 6TH STREET • = job
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ANACORTES, WA 98221 's°q`