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HomeMy WebLinkAboutC20050061 Interlocal Agreement • 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 AGREEMENT is made and entered into by and between City of Anacortes ("City") and Skagit County, Washington ("County") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: The COUNTY to perform reimbursable work, provide materials and equipment rental for work on CITY's facilities as requested by CITY for a period of five (5) years. 2. RESPONSIBILITIES: The COUNTY will perform work, provide materials and equipment rental for work on the CITY's facilities as requested, to be reimbursed by CITY to the COUNTY at the actual cost incurred by the COUNTY for said work, materials and equipment rentals. Both parties, in performance of this agreement, shall abide by the provisions of RCW 39.34 and/or any other appropriate legislative requirements. 3. TERM OF AGREEMENT: The term of this Agreement shall be from 2005 through 2009. 4. MANNER OF FINANCING: COUNTY will perform work and provide materials and equipment rental. Said work, materials, and equipment rental will be reimbursed at the actual cost incurred. In addition thereto, nine percent (9%) of the total cost shall be added for overhead cost for accounting, billing, and administrative services, provided that the COUNTY shall submit to CITY a certified statement of the costs, and within thirty (30) days thereafter, CITY shall pay to the COUNTY the amount of said statement. INTERLOCAL AGREEMENT Page 1 of 3 SKAGIT COUNTY Contract # C20050061 Page 2 of 4 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 Division Manager of Operations. 5.2 CITY's representative shall be Mayor. 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 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 the County 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. 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: None. INTERLOCAL AGREEMENT SKAGIT COUNTY Page 2 of 3 Contract# C20050061 Page 3 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement thisoN- ay of January, 2005. APPROVED: GOVERNMENT AGENCY: BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON 744 (4144/91e ) v Title of Si natory Don Munks, Chairman (Date / 7g �a� �. �n���u Q. Print Name of Signatory Kenneth A. Dahlstedt, Commissioner Mailing Address: (Street address required Ted W. Anderson, Commissioner in addition to P.O. Box) Recommended: Po Box 5� A a rar`fe S l 9 Z z 1 By: Depa ment Head By: I ri ' Trisha Logue, Bud t/ Finance Administrator Approved as to Indemnification: By: Risk Manage Att_ Approved as to Form: 4 ifiovBy: UNrL . JR&eA) - , the Bard Deputy Prosecuting Attorney INTERLOCAL AGREEMENT SKAGIT COUNTY Page 3 of 3 Contract# C20050061 Page 4 of 4