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HomeMy WebLinkAboutC20020400 Contract •,t. IH 111NIII I II INIII kftItIII�Ii�II� 200211140 4 Skagit County Auditor INTERLOCAL AGREEMENT 11114/2002 Page 1 of 8 11:07AM BETWEEN SKAGIT COUNTY AND THE CITY OF ANACORTES FOR PUBLIC FACILITY PROJECT FUNDING PURSUANT TO RCW 82.14.370 MARCH POINT PROPERTY INFRASTRUCTURE IMPROVEMENTS THIS INTERLOCAL AGREEMENT is entered into this (n1ff, day of November 2002 between Skagit County, Washington(the "County"), and the City of Anacortes (the"City" or"Project Manager")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 February 6, 2002 and reviewed 1 project application for public facility funding,the aggregate sum of which was$165,000; and WHEREAS, the advisory committee recommended 1 project application for funding totaling$165,000; and WHEREAS, the advisory committee has recommended the specific proposal,the "Port of Anacortes—March Point Property Infrastructure Improvements"(the"Project"), described herein for funding totaling$165,000; and SKAGIT COUNTY Contract# C20020400 Page 1 of 1 Interlocal Agreement—March Point Property Infrastructure Improvements Skagit County and City of Anacortes Page 2 WHEREAS, the recommendation for approval of the Project has been adopted by the Board of Skagit County Commissioners pursuant to Resolution No. R20020044, dated February 11, 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,the Port, 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 of Anacortes comprehensive plan, as adopted by Ordinance No. 2557 by the City of Anacortes on May 21, 2001. NOW,THEREFORE,in consideration of the mutual covenants contained herein,the. County and the City agree as follows: AGREEMENT 1. Effective Date/Duration: This Agreement shall become effective on September 1, 2002, and shall expire upon the completion of the Project. Work on the project shall commence within G0 days of the effective date of this Agreement and shall be substantially complete by January 31, 2003. 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 the 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 Director: Bradley M. Whaley,Finance Director Skagit County 700 South Second,Room 202 Interlocal Agreement-March Point Property Infrastructure Improvements Skagit County and City of Anacortes Page 3 Mount Vernon, WA 98273 2.2 City's representative shall be the City Public Works Director: Bob Hyde, Public Works Director 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, acting as Project Manager for the Port, the sum specified herein, and whereby the City will complete the Project (as defined below)upon the terms and conditions described herein. The Project will complete the design and installation of the necessary infrastructure improvements to site T Bailey,Inc., a local manufacturer, at the March Point property. The necessary infrastructure improvements to support this new business will include extending the sewer line east along South March Point Road to the property. Additional improvements may include providing water service to the property, completing an entrance road, associated storm drainage, and upgrading the existing electrical capacity, all for which the level of completion will be dependent on the balance of funds remaining in the $255,000 project budget. 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 authority to determine its design,construction, location, acquisition of easements and rights of way, 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. Interlocal Agreement—March Point Property Infrastructure Improvements Skagit County and City of Anacortes Page 4 5. Grant Amount/Project Reimbursement/Budget: The County agrees to grant$165,000 towards the total project cost estimated at $255,000, representing approximately 65%of the total project cost. Said Project is reasonably expected to be completed on or about January 31, 2003. The Port of Anacortes and the City of Anacortes will jointly provide the remaining 35% or$90,000 of estimated project costs. The Port's committed funds of$65,000 will be transferred to the City upon execution of a separate Interlocal Agreement between the Port and the City. This grant will be administered by the City, acting as Project Manager for the Port. Progress payments submitted by the City to the County for reimbursement of project costs, shall be based upon progress billings. When required,the County shall upon receipt of appropriate documentation,reimburse the City,no more often than monthly,through the County voucher system Actual construction costs will be based upon contracts let for public bid pursuant to law. The Port, in conjunction with the City,has developed a budget for said project attached as Exhibit A. The City will maintain the budget and will account for all expenditures made for the Project. 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. 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. 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 Interlocal Agreement—March Point Property Infrastructure Improvements Skagit County and City of Anacortes Page 5 use thereof,whether such injury to persons or damage to property is due to the negligence of the Port or 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 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. 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: It is not the intention that a separate legal entity be established to conduct this cooperative undertaking. For purposes of RCW 39.34.030(4)(a),the City of Anacortes' Public Works Director 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 Agreement 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. Interlocal Agreement—March Point Property Infrastructure Improvements Skagit County and City of Anacortes Page 6 IN WITNESS WHEREOF, the parties have signed this Agreement as of this 121 .."-day of November 2002. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Chairman Dc4.4 kUiKs Kenneth A. Dahlstedt, Commissioner /CS (id on Muuks, Commissioner '1"-L--D co. 63-tpdri CITY OF ANACORTES P 0 Box 547 Anacortes, WA 98221-0547 (360) 293-1919 AP.L. akij Dean Maxwell, M or s to content 4 ES14"F sib RE: Indemnification and Insurance Risk Manager Manager APPROVED AS TO FORM: Ae-N1 I Deputy Civil itigator . , • Interlocal Agreement—March Point Property Infrastructure Improvements • Skagit County and City of Anacortes Page 6 IN WITNESS WHEREOF, the parties have signed this Agreement as of this day of November 2002. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON Don Munks, Chairman Kenneth A. Dahl dt, Commissioner Ted An rson, Commissioner CITY OF ANACORTES P 0 Box 547 Anacortes,WA 98221-0547 (360)293-1919 Dean Maxwell,Mayor "ROVED: As to content Finance P ector RE: Indermu cation and Insurance Risk Manager APPROVED AS TO FO : Deputy Civil Litigator Interlocal Agreement—March Point Property Infrastructure Improvements Skagit County and City of Anacortes EXHIBIT A/PROJECT BUDGET Construction $198,000 Design and Project Supervision $47,000 Contingencies/Extra Work $10,000 Total $255,000