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Home My WebLink AboutC20100001 Interlocal Agreement SKAGIT COUNTY Contract# C20100001 Page 1 of 4 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITY OF ANACORTES AND SKAGIT COUNTY THIS AGREEMENT is made and entered into by and between the City of Anacortes ("City") and Skagit County, Washington ("County') pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. The City and County may be individually referred to herein as"party"and may be collectively referred to herein as the "parties." In consideration of the following terms and conditions, the parties mutually agree as follows: 1. PURPOSE: to share the cost of a domestic well metering pilot study in the Skagit River Basin between signatories of a settlement agreement between the parties and the Washington Department of Ecology signed in 2007 and related to Western Washington Growth Management Hearings Board Case No. 0020078 (Skagit County Contract #C20070709). 2. RESPONSIBILITIES: Skagit County is responsible for contracting with a qualified consultant to conduct a pilot metering study and prompt payment to the consultant for services and managing such contract, and also entering into agreement(s) with vendors and/or purchasing supplies needed to complete the study. The County shall calculate the total cost of the project under this agreement which shall include costs incurred for consultants, contractors and/or equipment. For the purposes of this agreement, project costs shall not include the County's internal labor costs. The County shall calculate one-third (1/3) of the total cost of the project and shall invoice the City for that amount. The County shall provide copies of original invoices for expenses as backup for the invoice submitted to the City. City of Anacortes is responsible for one-third of the total project cost of the metering study as invoiced by the County. The cost to the City shall not exceed THIRTY-THREE THOUSAND DOLLARS ($33,000.00). 3_ TERM OF AGREEMENT: The term of this Agreement shall be from the date of mutual execution by the parties through June 30, 2011. If applicable, the term of this Agreement may be extended by subsequent written addenda, mutually executed by the parties hereto. 4. MANNER OF FINANCING: The City shall make prompt payment on quarterly invoices from the County reflecting each party's portion of the cost of the metering study pursuant to the terms of this Agreement. The City agrees to pay quarterly invoices submitted by the County within thirty (30)days of receipt of such invoice(s) from the County. None of the Parties are obligated to otherwise pay, provide, or expend any funds, and/or provide and/or perform any other services or other duties, unless otherwise specified herein. Interlocal Agreement With City Of Anacortes Page 1 of 4 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: Gary Stoyka, Metering Study Project Manager Skagit County Public Works Department 1800 Continental Place Mount Vernon,WA 98273 5.2 The City's representative shall be: Fred Buckenmeyer, Public Works Director/City Engineer Public Works Department City of Anacortes P.O. Box 547 Anacortes,WA 98221 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 10 this Agreement. No partnership or joint venture between the parties is created by 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 agreement executed by the parties hereto. Any increase in cost which, when incurred, would increase the total cost to an excess of $99,000.00 (and which would increase each party's share to an amount in excess of $33,000.00) shall be pre-approved in writing by each party. Waiver or breach of any term or condition of this Agreement shall no1 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. Interlocal Agreement With City Of Anacortes Page 2 of 4 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. This Agreement is in addition to, and is not intended to replace, substitute, modify, or otherwise amend any other agreements by and between the parties. Any other agreements by and between the parties shall continue in full force and effect. 12. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to nor does it create any third party beneficiary or other rights in any third person or party, including, but not limited to, any agent, contractor, subcontractor,consultant, volunteer, or other representative of either party. 13 COMPLIANCE WITH LAWS AND TERMS OF GRANTS: The parties to this Agreement shall comply with all applicable federal, state, and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. If applicable, compliance with laws shall specifically include, but not be limited to, compliance with laws pertaining to the payment of prevailing wage on public works (including, but not necessarily limited to RCW 39.12). If applicable, compliance with laws shall also specifically include, but not be limited to, compliance with laws for the procurement of contracts for architectural and engineering services (including, but not necessarily limited to RCW 39.80). If necessary, the parties shall obtain and comply with all necessary permits and approvals from all applicable jurisdictions prior to commencing any work related to this Agreement, The parties to this Agreement shall also comply with all terms and conditions of all grant(s) referenced within and/or related to this Agreement. APPROVED: CITY OF ANACORTES By: L-t r. (6.u". 'l�tg4 H. DEAN MAXWELL, Mayor Date: f 7 /1 t 0 I Mailing Address: City of Anacortes P.O. Box 547 Anacortes,WA 98221 lntertocai Agreement With City Of Anacortes Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement this day of Liao ct. v i r,l , 2010. APPROVED: BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON .can.-#P � Sharon D. Dillon, Chair &Y\)/YikA, Ron Wesen, Commissioner (:).„„) �1a. Kenneth A. Dahlstedt, Commissioner For Agreements u er$5000 County A inistrator (Authori tion per Resolution#R20030146) RemendprL -..- --- '- - e- Department Head By: ,,L Ak ,�-/ Budget& Finance Director By4 4di& r Risk Manager Approved o For . By: Deputy Prosecuting Attorney Attest: 9ifilitak, r f'sst,� n Clerk of the Boar Interlocal Agreement With City Of Anacortes Page 4 of 4