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HomeMy WebLinkAboutIL113 Interlocal Agreement • SKAGIT COUNTY Contract# C20100357 Page 1 of 7 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES RELATING TO SKAGIT COUNTY'S GUEMES ISLAND FERRY OPERATIONS THIS AGREEMENT (herein "Agreement") is made and entered by and between the CITY OF ANACORTES, a Washington municipal corporation, hereinafter referred to as "City", and SKAGIT COUNTY, a political subdivision of the State of Washington, hereinafter referred to as "County", pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. The City and the County may be individually referred to herein as a"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: The purpose of this Agreement is to establish maintenance and funding responsibilities for future and current street improvement projects involving the use of City owned right of way; and furthermore to allow the County to use a portion of"I"Avenue and 6th Street,City-owned streets,for the County's Guemes Island Ferry operations, specifically including temporary waiting and queuing of vehicles and people for the County's ferry operation. 1.1 RECITALS: WHEREAS, RCW 39,34, the Interlocal Cooperation Act, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other;and, WHEREAS, the County,as authorized by RCW 36.54, operates a car and passenger ferry system whose Fidalgo Island dock is immediately adjacent to City right-of-way, with the associated temporary waiting and queuing of vehicles and people facilities located within the City right-of-way;and, WHEREAS, the County desires to use a portion of"I" Avenue and 6th Street, streets owned by the City,for the temporary waiting and queuing of vehicles and people;and, WHEREAS, those portions of"I" Avenue and 6th Street used exclusively by the County for its ferry operations creates road improvement and maintenance expenses which should be borne by the County,pursuant to the terms of this Agreement; and, WHEREAS, this Agreement establishes the County's rights and responsibilities for the use of some portions of"1"Avenue and 6th Street in the City, which is in the best interest for both the citizens of the City and the County, and the Agreement otherwise establishes the terms of the respective duties and obligations of the parties with respect to the forgoing. 2.RESPONSIBILITIES: The parties to this Agreement mutually agree as follows: 2.1 GENERAL: The County owns and operates a car and passenger ferry system that provides service between Fidalgo Island and Guemes Island dock, whose Fidalgo Island dock is immediately adjacent to 6'1'street. . The current Guemes Island Ferry operations consist of a single vessel, making a crossing approximately every 30 minutes, usually operating during the hours of 6:30 AM to 11:00 PM. seven (7)days per week (unless such operating hours are subsequently amended by the Skagit County Board of Commissioners). Use of that portion of"l" Avenue and 6th Street(as provided herein) by the County for any other purposes other than as specified by the terms of this Agreement will require the prior approval of the City. Unless specified to the contrary in this Agreement, the County is not otherwise obligated to provide any funds, or perform or provide any other services, duties, or responsibilities pursuant to the terms of this Agreement. The City hereby agrees, subject to the terms and conditions as set forth herein, to allow the County to use that portion of"I" Avenue and bth Street right- of-way illustrated in Attachment "A", attached hereto and incorporated by reference herein, for County ferry operations, including the waiting and queuing of persons and vehicles, and other such directly related activities which are consistent with and a part of the County's Guemes Island Ferry operations. 2.2 Nonexclusive Use: This Agreement does not, and shall not be deemed to, provide exclusive use to the County of the City's right-of-way as depicted in Attachment "A". This Agreement shall not in any manner prohibit the City from granting other and further uses upon, under. and across the City's right-of-way as depicted in Attachment "A" that do not interfere with the County's rights under this Agreement. This Agreement shall not prohibit or prevent the City from using the City's right-of-way as depicted in Attachment"A" for any lawful purpose or affect the jurisdiction of the City over the same or any part thereof, provided that any such use by the City shall not unreasonably interfere with the County's rights under this Agreement. 2.3 6th STREET IMPROVEMENT: The County recognizes that the City from time to time (at the City's expense), will be making modifications to a portion of 6`it Street and the side street approaches thereto by grading, widening, and installing thereon asphalt pavement, the construction of concrete curb, gutter and sidewalk, reconstructing existing storm drainage systems, and other appurtenances requisite to completing these street improvement modifications. After the City completes such work, the City (at the City's expense), will permanently maintain all areas accept as described in Section 2.5 herein. 2.4 CAPITAL COSTS, I AVENUE: Pursuant to the terms of this Agreement, the County agrees to be responsible for all future capital improvement and maintenance costs related to ferry operations for that portion of"I"Avenue as illustrated in Attachment"A", and agrees that all construction work in this area will be'done to the City's adopted development standards in effect at the time such proposed capital improvement work may be submitted to the City for review and approval. All such future capital improvement work will be reviewed by the City for compatibility with the City's land use planning and road design criteria and standards. The County recognizes the City as the authority and permitting agency for such capital improvement work done in the area illustrated in Attachment"A". 2. 5 MAINTENANCE COSTS: Routine maintenance work within the area illustrated in Attachment "A", as related to County's ferry operations, such as (but not limited to) pavement striping, pavement markings, and traffic signage, will be done to City standards, and will be performed by the County on an as-needed basis as determined by the County 2.6 FUTURE COUNTY IMPROVEMENTS: Both parties recognize that additional waiting and queuing capacity may be required to meet future increased ferry traffic volumes. The City agrees to work with the County in good faith through a public process with respect to any such future development of additional area within the 6th Street Corridor which may be required to accommodate the increased traffic volumes. All costs for any such actual expansion work completed shall be borne by the County. 2.6.1 Both parties agree that the County's parking, queuing, and overall traffic operations would be more efficient if existing driveways and parking along the north side of 6th Street from "I" Avenue to "J" Avenue(which bisect the current queuing area),could be closed or relocated. In the event that the County should become the fee-simple owner of any such property or properties adjacent to and abutting 6"' Street, the County agrees to consider closing or relocating any such existing County-owned driveway(s) in accordance with City of Anacortes standards, so that traffic using them would be kept separate from, and not interfere with, ferry traffic; and both parties agree to cooperate with each other to resolve this issue;provided,that the County is under no obligation whatsoever to purchase or acquire any such property or properties adjacent to and abutting 6th Street for any reason. 2.7 COOPERATION: The parties shall reasonably cooperate in good faith to conduct such further acts necessary to effectuate the terms of this Agreement. 3. TERM OF AGREEMENT: This Agreement shall commence upon mutual execution, and shall continue until the County determines (at the County's sole option and discretion) that the County no longer needs to use "I Avenue or 6th Street to accommodate the County's ferry operations, or until this Agreement is otherwise terminated, whichever occurs first. Prior to any such termination of this Agreement, and within 180 days of a cessation of operation, the County will be responsible for the restoration of"l"Avenue and 6th Street by: 1) Removing all County structures, 2)Removing all County ferry related lane striping, 3)Removing all County ferry related signing,and 4) Leaving the pavement in a reasonably sound condition, suitable for travel and use by the public. 3.1 The County agrees that it will not retain any rights or responsibilities after termination of the Agreement. There are no other written or expressed termination dates associated with this Agreement. 3.2 This Agreement is not transferable without the written approval of the City which shall not be unreasonably withheld. In the event that the County's ferry system operations are transferred or sold to a third party(public or private)without the written consent of the City,this Agreement may be terminated by the City by giving ninety(90)days written notice to the County, 4, MANNER OF FINANCING: Except as expressly provided by the terms of this Agreement, no funds will be provided by the County to the City pursuant to the terms of this Agreement. 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 County Public Works Director, or his f her designee. 5.2 The City's representative shall be the City Public Works Director, or his/her designee. b. INDEMNIFICATION: Except as is otherwise set forth per the terms of this Agreement, 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 either party by reason of entering into this contract except as expressly provided herein. 7. INSURANCE: The County agrees to and shall, at its sole cost and expense, procure and maintain insurance coverage, or self retained insurance limits, not less than the coverage limits or amounts currently in place for the County,throughout the term of this Agreement. 8. CHANGES, MODIFICATIONS, AMENDMENTS, & WAIVERS: The Agreement may be changed, modified, amended or waived only by written subsequent written agreement duly 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. 9. 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. 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. l 1. 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, the general public, property owners and residents in the vicinity of the County's ferry operations, ferry riders or passengers, or any agent, contractor, subcontractor, consultant, employee, volunteer, or other representative of any party. 12. COMPLIANCE WITH LAWS, PERMITS, 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. 13. STATUS OF AGREEMENT: 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. 14.NEUTRAL AUTHORSHIP: Each of the terms and provisions of this Agreement have been reviewed and negotiated, and represents the combined work of the parties. No presumption or other rule of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any provisions of this Agreement. 15. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. AlI 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. CITY OF ANACORTES: DATED this 8I5. - day of 1t ,2010 By: H. Dean Maxwell Mayor,City of Anacortes City of Anacortes 904 6th Street Anacortes,WA 98221 Attest: JLns . City Clerk Approved to form: City Attorn IN WITNESS WHEREOF,the parties have executed this Agreement this a day of q, r 2010. APPROVED: BOARD Of COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON -AL�LCY �'Gf-Cv Sharon D. Dillon, Chair Ron Wesen,Commission Kenneth A.Dahistedt,Commissioner Recommended: Department Head By ,��� Budget&Finance Di ctor Approved as to Indemnification: By: - Risk Manager Approved as to Form: By: uty Prosecu ing ttorney Attest: ItA.CiaL Clerk of the Board STATE OF WASHINGTON ss. COUNTY OF SKAGIT I certify that I know or have satisfactory evidence that Kenneth A. Dahlstedt, Sharon D. Dillon, and/or Ron Wesen is/are the person(s) who appeared before me, and said person(s) acknowledged that she/he/they signed this instrument, on oath stated that she/he/they was/were authorized execute the instrument and acknowledged it as Commissioner(s) of Skagit County,to be the free and voluntary act of such party for the uses and purposes herein mentioned. DATED this a day of AUCIU.St ,2010. (SEAL) 4)n et.O , tkaA .— �ti,,,, ,,,��f Notary Public aA. 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