HomeMy WebLinkAboutCity of SheltonWhen recorded return to:
City of Shelton
525 W. Cota Street
Shelton, WA 98584
La
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MASON CO COMMISSIONERS
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AGREE
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0.00 Mason Co, tin
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SHELTON
AND D MASON C O U N T Y
FOR LOCAL ECONOMIC DEVELOPMENT GRANT FUNDS (.08 FUNDS)
Whereas, RCW 39.34.010 permits local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities in a manner and pursuant
to forms of governmental organization that will accord best with geographic, economic,
population and other factors influencing the needs and development of local
communities; and
Whereas, pursuant to RCW 39.34.080, each party is authorized to contract with any one
or more other public agencies to perform any governmental service, activity, or
undertaking which each public agency entering into the contract is authorized by law to
perform: provided, that such contract shall be authorized by the governing body of each
party to the contract and shall set forth its purposes, powers, rights, objectives and
responsibilities of the contracting parties; and
Whereas, the legislative authority of a rural county may impose a sales tax in accordance
with RCW 82.14.370; and
Whereas, Moneys collected under this RCW 82.14.370 shall be used to finance public
facilities serving economic development purposes in rural counties; and
Whereas, Mason County is a rural county which has implemented a .08 Local Economic
Development Program per RCW 82.14.370; and
Whereas, the City of Shelton has been working with the, Washington Corrections Center
and Washington State Patrol on the Shelton Area Regional Water and Wastewater Project
for the past five years; and
Interlocal Agreement between City of Shelton
and Mason County, 2006
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MASON CO COMMISSIONERS AGREE 0.00 Haoon co, WA
Whereas, the Shelton Area Regional Water and Wastewater Project provide both
economic benefits and significant environmental benefits to the local area; and
Whereas, the City of Shelton has requested $2,079,360 plus interest up to 1.5% per year
for a 20-year period, from the Mason County Local Economic Development Program to
partially fund Phase 1 (Satellite Water Reclamation Project) of the Shelton Area Regional
Water and Wastewater Project, which provides design and construction of a satellite
treatment facility in the vicinity of the Port of Shelton and extends a sewer collection line
to serve the Washington State Patrol Academy and the Washington Corrections Center;
Whereas, on August 2, 2005 the Mason County Commissioners approved the City of
Shelton's Local Economic Development Program application for the Shelton Area
Regional Water and Wastewater Project in the amount of $2,079,360 plus interest of up
to 1.5% per year over a 20-year period;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Shelton (CITY) and Mason County (County) agree as follows:
I. Purpose/Objective
A. The purpose of this Agreement is to provide the necessary funding so that the
City may complete the Regional Water and Wastewater Project called Phase 1, or
Satellite Water Reclamation Project, of the Shelton Area Regional Water and
Wastewater Project, which constructs a satellite treatment facility to provide
sewer collection and treatment, and the distribution of reclaimed class A water.
II. Definitions
A. In this Agreement, the following words shall have the meanings set forth
below:
1. Arbitration: A process of dispute resolution in which a neutral third
party, arbitrator, renders a binding decision after a hearing at which
both parties have an opportunity to be heard.
2. Mediation: Private informal dispute resolution process in which a
neutral third person, the mediator, helps disputing parties to reach an
agreement. The mediator has no power to impose a decision on the
parties.
III. Scope of Agreement/Work
A. Responsibilities of the City of Shelton shall be as follows:
1. Will apply for a low Interest Public Works Trust Fund loan in the
amount of $2,079,360.
Interlocal Agreement between City of Shelton
and Mason County, 2006
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MASON CO COMMISSIONERS
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2. Submit progress reports quarterly to the County showing progress
status during design and construction of Phase 1, the Satellite
Water Reclamation Project. The report will describe any
problems, delays, or adverse conditions which will materially
affect their ability to meet project objectives andlor time schedules.
The report shall state what has been done to correct the situation.
Reports are not required once construction is completed.
3. Contracts for construction, purchase of equipment and professional
architectural and engineering services shall be awarded through a
competitive process, as required. The City of Shelton shall comply
Py
with all applicable requirements for the procurement of
professional services. The City shall provide copies of any related
agreements to the County upon request.
4. The City shall retain copies of all bids received and contracts
awarded, for inspection and use by the County if necessary.
5. Maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and
expenditures by fund source and task object. All records shall be
kept in a manner, which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and
inspections.
6. All .08 Local Economic Development Program records shall be
open for audit or inspection by the County or by any duly
authorized audit representative of the State of Washington for a
period of at least three years after the job is completed. If any such
audit identifies discrepancies in the financial records, the City shall
provide clarification andlor make adjustments accordingly.
7. Prior to commencement of any construction, the City shall secure
the necessary approvals and permits required by authorities having
jurisdiction over the project and provide copies to the County upon
request.
8. Agrees to be bound by all Federal and State laws, regulations and
policies against discrimination. The City further agrees to
affirmatively support the program of the Office of Minority and
Women's Business Enterprises to the maximum extent possible.
B. Responsibilities of Mason County shall be as follows:
1. Mason County will provide $121,000 per year, plus applicable
interest up to 1.5% for a period of 20 years or until the total
amount of $2,079,360 plus interest is paid out to the City by the
County.
2. In the event the City fails to commence work on the project funded
herein within three years after the effective date of this agreement,
the County reserves the right to terminate this agreement.
Interlocal Agreement between City of Shelton
and Mason County, 2006
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Iv. COMPLIANCE WIT
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MASON CO COMMISSIONERS AGREE
ALL LAWS
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The City shall comply with fully with all applicable Federal, State and local laws,
orders, regulations and permits.
V. Method of Payment
A. The City of Shelton will submit annually a request for payment to Mason
County, for the amount per the schedule in "Attachment A" of this agreement.
B. Within thirty (30) days of receipt of request for payment, Mason County will
forward the payment requested per the schedule in "Attachment A" of this
agreement, to the City of Shelton.
VI. Indemnification & Insurance
A. Mason County agrees to defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries,
damages, losses or suits including reasonable attorney fees, arising out of or in
connection with the County's performance of the Agreement, except for injuries
and damages caused by the sole negligence of the City.
B. The City agrees to defend, indemnify and hold Mason County, its officers,
officials, employees and volunteers harmless from any and all claims, injunes,
damages, losses or suits including reasonable attorney fees, arising out of or in
connection with the City's performance of this Agreement, except for injunes and
damages caused by the sole negligence of the County.
VII. Conflict of Interest
No officer, member, agent or employee of either party to this agreement, who
exercises any function or responsibility in the review, approval, or carrying out of
this agreement, shall participate in any decision which affects his/her personal
interest or the interest of any corporation, partnership or association in which
he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof
VIII. Duration of Agreement
A. This Agreement shall be effective until the total amount of $2,079,360 plus
interest is paid out to the City by the County unless otherwise terminated in the
manner described under the termination section of this Agreement.
Interlocal Agreement between City of Shelton
and Mason County, 2006
Page 4
IX. Termination of reement
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A. This Agreement may be terminated upon sixty (60) days notice to the other
party using the method of notice provided for in this Agreement, provided
termination shall only occur if the City fails to commence work on the project
funded herein with three years after the effective date of this agreement as set
forth in I 1 i(B)(2).
X. Dispute
esolution
A. Any dispute under this Agreement shall first be submitted to mediation, then
if no agreement can be reached, to binding arbitration. The City and Mason
County shall share equally in the costs of such dispute resolution with each party
bearing its own costs.
XL Interpretation and Venue
A. This Agreement shall be governed by the laws of the State of Washington as
to interpretation and performance. The parties hereby agree that venue for
enforcement of a binding arbitration agreement shall be the Superior Court of
Mason County.
XII. Entire Agreement
A. This Agreement sets forth all terms and conditions agreed upon by the City
and Mason County, and supercedes any and all prior agreements oral or otherwise
with respect to the subject matter addressed herein.
XIII. Filing
A. Prior to its entry into force, this Agreement shall be filed with the Mason
County Auditor's Office by the City of Shelton.
XIV. Notice
A. Any notice required under this Agreement shall be to the party at the address
listed below and shall become effective as of the date of deposit in the United
States Postal Service.
CITY OF SHELTON
Attn: City Clerk
525 West Cota Street
Shelton, WA 98584
OTHER ENTITY
Mason County
411 N. 5th Street
Shelton, WA 98584
Interlocal Agreement between City of Shelton
and Mason County, 2006
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AGREE 0.00 Mason Co, WA
This Agreement for use of Local Economic Development Program (.08) Grant Funds is
hereby entered into between the City of Shelton and Mason County and shall take effect
on the date of the first request last authorizing signature affixed hereto:
CI oFC6:L)MN
Mayor Tarr. n
Commissioner Tayl
commissioner Pa " ell
ATTEST:
Vie ki Low; City Clerk PO O YEfl I
APPROVED AS TO FORM:
naliese Harksen, City Attorney
MASON COUNTY:
dr& n Zi„
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L,ynd`a Ring Erickson, Clidirperson
Tim Sheldon, Commissipner
Mt tat
Ja- mi L1. Kamin, Commissioner
ATTEST:
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Rebecca S. Rogers, Clerk o$yjhe Board
PROVED AS TO FORM:
rz re"
Deputy rosec •ig Attorney
03 2.1 1006
Interlocal Agreement between City of Shelton
and Mason County, 2006
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MASON CO COMMISSIONERS
Attachment A
AGREE 0.00 Hcoon Co, UJA
Year
1
2
3
4
5
Principal
$103,968.00
$103,968.00
$103,968.00
$103,968.00
$103,968.00
Interest
$31,190.40
$29,630.88
$26,511.84
$24,952
32
$28,071.36
Total
Payment
$135,158.40
$133,598.88
$132,039.36
$128,920.32
$130,479.84
Year
6
8
9
10
7
$103,968.00
$103,968.00
$103,968.00
$103,968.00
$103,968.00
Principal
Interest
$23,392
80
$21,833.28
$20,273.76
$17,154.72
$18,714.24
Total
Payment
$125,801.28
$122,682.24
$124,241.76
$121,122.72
$127,360.80
Year
11
12
13
14
15
Principal
$103,968.00
$103,968.00
$103,968.00
$103,968.00
$103,968.00
Interest
$15,595.20
$14,035.68
$10,916.64
$12,476.16
$9,357.12
$119,563.20
$118,003.68
$116,444.16
$114,884.64
$113,325.12
Total
Payment
Year
16
18
19
20
17
Principal
$103,968.00
$103,968.00
$103,968.00
$103,968.00
$103,968.00
Interest
$6,238.08
$3,119.04
$1,559.52
$4,678.56
$7,797.60
$110,206.08
$108,646.56
$107,087.04
$105,527.52
$111,765.60
Total
Payment
Interlocal Agreement between City of Shelton
and Mason County, 2006
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