HomeMy WebLinkAboutC20040177 Interlocal Agreement R41 ji111111!111 N1111II 1N�111111 I I
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AFTER RECORDING RETURN TO:
SKAGIT COUNTY BOARD OF COMMISSIONERS
700 SO. SECOND STREET, ROOM 202
MOUNT VERNON, WA 98273
DOCUMENT TITLE: Interlocal Cooperative Agreement
DATE SIGNED: 04/12/2004
GRANTOR: SKAGIT COUNTY
GRANTEE: City of Anacortes
COUNTY CONTRACT NO.: C20040177 _.
After Recording Return to:
SKAGIT COUNTY BOARD OF COMMISSIONERS
700 SO. SECOND STREET, ROOM 202
MOUNT VERNON,WA 98273
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY AND THE CITY OF ANACORTES
pspHIS INTERLOCAL AGREEMENT is entered into this ( - day of
j , 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 in
July 24, 2002 and reviewed 13 project applications for public facility funding, the
aggregate sum of which was $3,900,000; and
sKAGIT
COUNTY
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WHEREAS, the advisory committee recommended 8 project applications
for funding totaling $1,500,000; and
WHEREAS, the advisory committee recommended the specific proposal,
the "Reservation Road Sewer Extension" project (the "Project") of the City
described herein for funding totaling $105,000; and
WHEREAS, the recommendation for approval of the Project has been
adopted by the Board of County Commissioners pursuant to Resolution No.
R20020326, dated September 9, 2002; 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 Interlocal 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 included in the City comprehensive plan, as
adopted by Ordinance No. 2557 by the City on May 21, 2001.
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 have the same meaning as that defined
in the latest edition of the State Department of Transportation's Standard
Specifications for Road, Bridge, and Municipal Construction. Upon
termination of this Agreement. all nrnnprh, arni u rorl rity with the
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Bond proceeds shall remain the City'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
Director:
Michael E. Edwards, Budget and Finance
Skagit County
700 South Second Street, Room 202
Mount Vernon, WA 98273
2.2 City's representative shall be the James Irving:
Jim Irving, Project Manager
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 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.
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This project will extend the sewer from the existing manhole at the
intersection of Reservation Road and SR20 south 1400 feet to the
intersection of Stevenson Road, then west 2100 feet to 8853 Stevenson
Road.
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 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 $105,000 towards the total project cost
estimated at $392,379.33, representing approximately 27% of the total
project cost. The City acknowledges that such amount will be derived from
Bond proceeds. Said Project is reasonably expected to be completed on or
about March 1, 2006.
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 City has developed a budget for said
project, attached as Exhibit A, and will maintain the budget and will
account for all expenditures made for the project. The application for
Public Facility Funding, attached as Exhibit B, shall also be recognized as a
part of this agreement. The City hereby 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. Financing:
Pursuant to this Agreement, the County has issued negotiable, limited tax,
general obligation bonds evidencing indebtedness in the principal amount
of $8,000,000, an rwriter. The net
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proceeds from the sale of said bonds have been paid into a special fund in
the office of the Skagit County Treasurer, in accordance with and pursuant
to the terms of County Ordinance No. 16979. Thereafter, a portion of such
proceeds shall be paid to the City based on progress billings for
reimbursement of cost.
The County warrants that the construction of the improvements described
herein constitutes a lawful purpose for the use of the bond proceeds.
7. 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 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.
8. Modifications:
This Agreement may be modified only by the written consent of each party.
9. Defense &Indemnity Agreement:
The City 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 City, 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.
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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 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.
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 City's James Irving shall
administer the Project.
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 Dates.
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IN WITNESS WHEREOF, the parties have signed this Agreement
as of this 1,1 I�It,
day of Apvi1 , 2004.
CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY, WASHINGTON
',AL
ek 1,0/10;40&,6d-PL)
H. Dean Maxw , Mayor Ted W. Anderson, Chairman
ATTEST: 60 1\>(-
Don Munks, Commissioner
George Khtaian, Clerk Kenneth A. Dahlstedt, Commissioner
AP D: As to co .ent APPROVED: As to content
L,.,9"1-,C4'',z2L,-----ilq2M
eorge htaian, Finance Director Trisha Logue, Bu et Administrator
APPROVED AS TO FORM: RE: Indemnification and Insurance
-9.- ._ — l J '1 ' ,L` t/YY&- --/
Ian S. Munce, City Attorney Billie Kadrmas, Risk Manager
APPROVED AST FORM:
la
Deputy Ci Prosecuting Attorney
A •
I a j
'_A e sbrec , Clerk of the Board
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