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HomeMy WebLinkAbout201111230090 Interlocal Agreement Ill 1 IJI1IiII1IJ111IF1 11 1I I1j III 230090 Skagit County Auditor After Recording Return to: 11/23/2011 Page 1 of 3 3:30PM ERIC SHJARBACK CITY OF ANACORTES PUBLIC WORKS 904 6TH STREET PO BOX 547 ANACORTES WA 98221 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN ,',!1�,1= f11 ;!1 ORMA EST TITLI� CO. THE CITY OF ANACORTES ' 106) • �' AND ,'.41610DATIVii RECORPUT ONLY THE ANACORTES SCHOOL DiS T RC T #103 THIS AGREEMENT is made and entered into by and between the City of Anacortes ("City") and the Anacortes School District, Washington ("District ") pursuant to the authority granted by Chapter 39.34 RCW, Interlocal Cooperation Act. 1. PURPOSE The purpose of this agreement is to provide the City with the authority to pay the District revenues that come from the Safe Routes to School Grant ("Grant") attached hereto and incorporated herein by this reference. The City has been awarded the grant and under its terms is responsible for administering the Grant. One element of the Grant is that the District must run an education component estimated at $30,500. The District anticipates` employing staff members to fulfill the requirement of the Grant. For this expense, the District will bill the City for their work. Then City then agrees to bill the Washington State Department of Transportation ("WSDOT") for the costs of those services. 2. RESPONSIBILITIES OF THE PARTIES The Responsibilities of the parties to the agreement shall be as follows: A. The City 1 . The City shall compensate the District for their work on educating the citizens of Anacortes as described in the Grant. 2. The City shall provide and submit all necessary billing and documentation required under the Safe Routes to School Grant to WSDOT upon receipt of a request for payment by the District. B. The District INTERLOCAL AGREEMENT Page 1 of 3 1. The District shall provide an education and transportation program which satisfies the requirement under the Grant. 2. The District shall promptly provide monthly billing for those costs incurred providing the education program required under the Grant. 3. TERM OF AGREEMENT: The term of this Agreement shall commence upon execution and continue through the final completion date of the Grant. 4. MANNER OF FINANCING: Total project cost of this Grant is anticipated not to exceed $30,500. No cost increase will be allowed. The District will bill the City periodically for expenses incurred, not to exceed $30,500. 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 City's representative shall be Eric Shjarback, Assistant City Engineer. 5.2 The District's representative shall be Kevin Schwartz, Principal of Whitney Elementary and the ASD SRTS Coordinator. 6. TREATMENT OF ASSETS AND PROPERTY: A bicycle education program will be developed as part of the Grant requirements. Part of the bicycle program includes the procurement of bicycles and a storage/transport trailer for the bicycles. The assets used for the bicycle education component will become the property of the School District to be used in the education program. 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 either party 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. INTERLOCAL AGREEMENT 111111 Cage2of311Iiltil�ll, II111 20111 230090 Skagit County Auditor 2 of 3 3:3©PM 11/2312011 Page 9. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement 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. 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. 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. 12. OTHER PROVISIONS: IN WITNESS WHEREOF, the parties have executed this Agreement this 10 day of Novernbe ' , 2011 . APPROVED: GOVERNMENT AGENCY: CITY OF ANACORTES, SKAGIT COUNTY, ANACORTES-)SCHOOL WASHINGTON DISTRIT - ram,S penntendent / 74 Title of Signatory Dean Maxwell, ayor (Date Nu emir) Ali 2.0(1 ) Attest: r Chris Borgen cl f2 Print Name of Signatory Steve Hoglund, Finance Director Mailing Address: (Street address required in addition to P.O. Box) Approved as to form: 2200 M Avenue Anacortes, WA 98221 ... •Bradford Furlong, City Attorney VVSBA#12924 Anaeortes School District 103 INTERLCCAL AGREEMENT School Board Approved Page 3 of 3 II l 1111111 li 1111111 iJ 11 201111230090 Skagit County Auditor 11/23/2011 Page 3 of 3 3:30PM