HomeMy WebLinkAboutIL117 Interlocal Agreement SKAGIT COUNTY
Contract# C20050318
Page 1 of 9
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 thisgiA- day ofi
2005 between Skagit Count Washington (the "County") and the Cityof Anac es a
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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
July 24, 2002 and reviewed thirteen project applications for public facility funding,the aggregate
sum of which was $3,900,000; and
WHEREAS, the advisory committee recommended five project applications for funding
totaling $534,000; and
e-C; Wit ti ArtitiA0
Interlocal Agreement—
Skagit County and City of Anacortes
Page 2
WHEREAS, the advisory committee recommended the specific proposal, the "Archway
Project" (the "Project") of the City described herein for funding totaling $25,000; 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 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 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 Administrator:
SKAGIT COUNTY
Contract# C20050318
Interlocal Agreement—
Skagit County and City of Anacortes
Page 3
Trisha Logue, CPA
Skagit County
1800 Continental Place, Suite 100
Mount Vernon,WA 98273
2.2 The City's representative shall be the Engineering Project Manager:
Steve Lange
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.
The project consists of construction of an archway located at 11`h and Commercial.
Funding from this source will be used towards roadway, drainage, utility and sidewalk
elements of the project.
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 $25,000 towards the total project cost estimated at $110,000
representing approximately 23% of the total project cost. The City acknowledges that
such amount may be derived from Bond proceeds.
SKAGIT COUNTY
Contract# C20050318
Page 3 of 9
Interlocal Agreement—
Skagit County and City of Anacortes
Page 4
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 perfoiiiiance. 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, 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.
9. Industrial Insurance Waiver:
With respect to the perfoiiliance 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
SKAGIT COUNTY
Contract# C20050318
Interlocal Agreement—
Skagit County and City of Anacortes
Page 5
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
Engineering Project Manager 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.
14. Entire Agreement:
This written agreement represents the entire Agreement between the parties and supersedes
any prior oral statements,discussions or understandings between the parties.
15. 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.
SKAGIT COUNTY
Contract # C20050318
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Interlocal Agreement—
Skagit County and City of Anacortes
Page 6
IN TNESS HEREOF, the parties have signed this Agreement as of this ?161C day of
, 2005.
CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY, WASHINGTON
cLim %MAIL'
Dean Maxwell, Ma r Don Munks, Chairman
ATTEST: yu„,4 0.
.yjci,"CzA\
Kenneth A. Dahlstedt, Commissioner
(.fit/
/ /-$2,CC
ler c, City Anacort s Ted W. Anderson, Commissioner
APPROVED AS TO CONTENT:
Departmen Head
fixidtt)
Budget/Finance Admi trator
APPROVED AS TO FORM:
Attorney, City of Anacortes Risk Manager
APPROVED
AS TO FORM:
Civil Deputy FA
ATTEST:
ie tiestiecht, Clerk of the Board
SKAGIT COUNTY
Contract # C20050318
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 Anacortes Archway 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 partnering with other public and
private groups to construct a "gateway"to historic downtown Anacortes. The Anacortes Archway Project will
construct a landmark entrance that will create an identity for downtown Anacortes. Its location just off SR20 will
attract travelers and tourists to our central business district.
The funds from this application will contribute roadway, drainage, utility and sidewalk elements of the Archway
Project. Construction of the arch, landscaping, etc. is the responsibility of other partners.
PROJECT LOCATION
The Downtown Arch will be located at 11'h& Commercial.
SKAGIT COUNTY
Contract# C20050318
Page 7 of 9
Skagit County Economic Development Public Facilities Project Application
Page 1
APPLICATION FORM -
PRIMARY SPONSOR I ORGANIZATION
ORGANIZATION NAME City ofAnacortes
ADDRESS PO Box 547
CITY/TOWN Anarnrtac - STATE,ZIP W. 98221
PRIMARY CONTACT PERSON David A. Lervik, P.E., City Engineer
1'J LEPHONE NO. 360.293.1920 FAX NO. 360.293.1938
E-MAIL DaveL(aiCityofAnacortes.org
FUNDING REQUEST
Funding requested from Distressed/Rural County Sales and
Use Tax to fund Public Facilities Projects in Skagit County $ 25,000
Amount primary sponsor/organization is contributing to project $ 85,000
Total project cost $ 110,000
List other committed funding components of the project? Funding priority will be given to projects that have
partnership funding.
The Archway Project is being funded cooperatively by:
• The Chamber of Commerce
• Safeway Gas Station project
• The City ofAnacortes
E{(AOtT COUNTY cagit County Economic Development Public Facilities Project Application
Contract# C20050318 Page 2
APPLICATION FORM
ADDITIONAL INFORMATION
�) Does the project comply with the applicable comprehensive plan?
Yes
2) Is the project within an Urban Growth Area?
Yes
3) Describe in detail how this project will (a)result in the creation of jobs 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 retail core, businesses will be able to be more successful, and vacant storefronts will be filled.
4) Provide information on the following: (a)the average wage of new employees,if applicable,including
health care benefit components,and/or(b)the average wage of retained employees,if applicable,including
health care benefit components.
The majority of the new jobs created are minimum wage jobs. Many positions require skilled or semi-
skilled labor(restaurants, bakeries, etc.) that earn above minimum wage.
Owner-operated enterprises in the downtown area provide living-wage income.
5) Provide a timeline of the project, including project begin date and completion date.
Design of this project is currently underway and is being reviewed by City staff. The public infrastructure
design will be completed in July 2002. Construction may occur at any time after that, but will be
coordinated with other projects within the city to be more economical.
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 project proposal funding request.
This project is the culmination of many years of work on the part of the downtown business owners,
working thru the Chamber of Commerce, to establish a means of attracting people to downtown Anacortes.
The project has broad public support, as well as active participation by individuals and businesses.
Date: /..4/ /G Z l '6`."' ' ►�
1
Signature of Organization Representative
public facility proj app/April2002
SKAGIT COUNTY
Contract# C20050318
Page 9 of 9
Skagit County Economic Development Public Facilities Project Application
Page 3