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HomeMy WebLinkAboutC20020445 Contract • After Recording Return to: SKAGIT COUNTY BOARD OF COMMISSIONERS 700 SO. SECOND STREET, ROOM 202 MOUNT VERNON,WA 98273 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES t THIS INTERLOCAL AGREEMENT is entered into this _r.A.) day of December, 2002 between Skagit County, Washington (the "County") and the City of Anacortes, a 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 February 9, 2001 reviewed a project application for public facility funding, the aggregate sum of which was $300,000; and skiko IT COUNTY F Contract# C20020445 Page 1 of 8 SKAGIT COUNTY Interlocal Agreement—between Contract# C20020445 Skagit County and City of Anacortes Page 2 of 8 Page 2 WHEREAS, the advisory committee recommended one project application for funding totaling $300,000; and WHEREAS, the advisory committee recommended the specific proposal, the "Twin Bridge Waterline Rerouting" project (the "Project") of the City of Anacortes described herein for funding totaling $300,000; and WHEREAS, the recommendation for approval of the Project has been adopted by the Board of County Commissioners pursuant to Resolution No. 18225, dated April 16, 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 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 City of Anacortes agree as follows: AGREEMENT 1. Effective Date/Duration: This Agreement shall become effective on February 9, 2001 (the date the Twin Bridge Settlement Agreement was recorded) 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 by December 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, SKAGIT COUNTY Interlocal Agreement—between i Contract# C20020445 Skagit County and City of Anacortes Page 3 of 8 Page 3 and Municipal Construction. Upon termination of this Agreement, all property acquired by the City with the Bond proceeds shall remain the City of Anacortes' 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 Mount Vernon, WA 98273 2.2 City of Anacortes representative shall be the H. Dean Maxwell: H. Dean Maxwell, Mayor City of Anacortes P.O. 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. 36"waterline bypassing Twin Bridge Marina. SKAGIT COUNTY Interlocal Agreement—between Contract# C20020445 Skagit County and City of Anacortes Page 4 of 8 Page 4 — 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 $300,000 towards the total project cost estimated at $616,000, representing approximately 50% of the total project cost. Said Project is reasonably expected to be completed on or about December 31, 2003. 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 City has developed a budget for said project, attached as Exhibit A, and 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. SKAGIT COUNTY Interlocal Agreement—between Contract# 020020445 Skagit County and City of Anacortes Pages of Page 5 _ 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 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: 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 SKAGIT COUNTY Interlocal Agreement—between Contract# C20020445 Skagit County and City of Anacortes Page 6 al 8 Page 6 Washington. No joint oversight and administration board is created hereby. For purposes of RCA/ 39.34.030(4)(a), the City's Special Project Engineer 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 dcemed 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. IN WITNESS WHEREOF, - the parties have signed this Agreement as of this01.%"day of December, 2002. CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON /1/211d. Z- H. Dean Maxwell, Mayor Don Munks, Chairman ATTEST: tAteyuzi Kenneth A. Dahlstedt, Commissioner (Za (f-1 ge Ktâian, Fin nce Director Ted Anderson, Commissioner W• 4 1. SKAGIT COUNTY Interlocal Agreement—between I Contract# C20020445 Skagit County and City of Anacortes Page 7 018 Page 7 APPROVED AS TO FORM: APP' IV.1 content ,eif6(fr,(A-k— i IL Ian Munce, City Attorney Br'Cm larl , nce Director RE: Indemnification and Insurance Billie Kadrmas, Risk Manager APPROVED AS TO FORM: X)I Hilary as, Deputy Civil Litigator Ai 'e - : 11p tiM.4.1cr--..... JoA Giesbrec , Clerk of the Board a r } f SKAGIT COUNTY I Contract# C20020445 EXHIBIT A PROJECT BUDGET DESIGN $13,000 CONS 1 RUCTION $543,000 TOTAL $616,000