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HomeMy WebLinkAbout030419_ca05 l Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: March 4th, 2019 Subject: Interlocal Agreement between the Chimacum School District and Jefferson County Statement of Issue: The Chimacum School District (the District) pledged to contribute $8,000 per year from 2018 through 2021 for a total of $32,000, to the Memorial Field Lighting Project. The lighting project was completed by Jefferson County (the County) in November of 2018. An interlocal agreement is needed to enable continued payment, and document the partnership in the future. Analysis / Strategic Goals / Pros £t Cons: The lighting project is a success. State of the art equipment has been installed and was used successfully by the District in the fall of 2018. The District made an $8,000 payment in 2018. Fiscal Impact /Cost-Benefit Analysis: The financial partnership between the District and the County is beneficial. Recommendation: Sign and execute three agreements and return them to Public Works for further processing. Department Contact: Matt Tyler 385-9129 Revi- ed By: ie / 74% P ilip Morl-e•unty Administrator Date INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO. 49 AND JEFFERSON COUNTY RELATING TO MEMORIAL ATHLETIC FIELD LIGHTING PROJECT GRANT PARTNERSHIP This INTERLOCAL AGREEMENT BETWEEN CHIMACUM SCHOOL DISTRICT NO.49 AND JEFFERSON COUNTY(the"Interlocal Agreement")is entered into as of 2019, (the "Reference Date") by and between Chimacum School District No. 49, a Washington municipal corporation (the "School District") and Jefferson County, Washington, a Washington municipal corporation(the "County"). I. RECITALS A. Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes local municipal corporations to enter into agreements to assist and cooperate with each other to better serve the needs of the municipal corporations and the local community. B. The County is the owner of certain real property located at 550 Washington St., Port Townsend, Washington, commonly known as Memorial Field. Memorial Field contains a grandstand, visitor's bleachers, restrooms, concession stand, lighting system, and football field. The facility serves School District students,families,guests,as well of those of the opposing teams and is home field for School District high school football games. C. In partnership with the School District, the County applied for, and obtained a Youth Athletic Facilities (YAF) grant from the Washington State Recreation and Conservation Office(RCO)to: acquire and install a new LED athletic field lighting system(the Memorial Field Lights); and to remove and dispose of the old lighting system, for the purpose of improving the safety, athletic competition, and user experience of the School District student athletes and spectators at School District football games. D. This Interlocal Agreement sets forth the agreement with respect to payment of $32,000 of matching funds for the YAF grant which were pledged by the School District in a letter of support received on April 27th, 2016 (See Appendix A). E. The terms and conditions under which the School District and the County intend to implement such mutual assistance are set forth under this Interlocal Agreement. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits herein, the School District and the County agree as follows: 1. Interlocal Cooperation Act. 1.1 Chapter 39.34 RCW, authorizes the execution of an Interlocal Agreement for the purpose of providing mutual assistance and cooperation between municipal corporations. 1 1.2 The School District and the County acknowledge that the cooperation and mutual assistance, as described under the Recitals and as provided herein below, is in the best interests of the County and the School District in obtaining the RCO grant and improving Memorial Field for the benefit of the School District students and the community. 2. Grant Matching Funds 2.1 Chimacum School District previously pledged $32,000 in matching funds, which shall be paid in four annual payments of$8,000, no later than December 31St of each year in 2018 (paid),2019, 2020, and 2021, upon successful project completion, for the purposes: (a)of replacing the entire lighting system so that School District contests and activities can be conducted safely, (b)to be environmentally friendly and efficient;(c)to reduce light pollution, (d)to improve the quality of service through better lighting for competitive high school sports contests for boys and girls; and(e)to retain and improve Memorial Field as a youth athletic facility for the students of the District. 2.2 The County applied for, and won a total of$162,450 in grant funds from the YAF grant program of the RCO. Twelve organizations pledged a total of$199,280 in match funds. 3. Project Scope, Implementation and Guarantee 3.1 The entire lighting system has been replaced, including new controls, underground wiring, light poles, and light fixtures. The system utilizes efficient LED lights with minimal light pollution. 3.2 The project is complete, and the system is performing to standards. The lights have been successfully utilized by the School District for competitive interscholastic sports. 3.3 The system is remotely monitored on a continual basis by MUSCO Lighting, and is 100% guaranteed for 25 years. 4. Mutual Indemnification. 4.1 For purposes of the agreement, the County shall indemnify, defend, and hold harmless the School District and its successors in interest, its principals, agents and assigns, for, from and against all awards,judgments or other assessments for liability, loss, damages, costs and expenses, or other remedies, including but not limited to attorney's fees and costs, that arise or have as their origin any claims or demands for personal injury, property damage, death or any tort, or any claim of any kind or nature whatsoever, to the extent that such claim or demand is the result of, in whole or in part,the acts or omissions of the County or its principals, agents, licensees or invitees arising from or relating to this Agreement. 4.2 For purposes of the agreement,the School District shall indemnify, defend, and hold harmless the County and its successors in interest, its principals, agents and assigns, for, 2 from and against all awards,judgments or other assessments for liability, loss,damages, costs and expenses, or other remedies, including but not limited to attorney's fees and costs, that arise or have as their origin any claims or demands for personal injury,property damage, death or any tort, or any claim of any kind or nature whatsoever,to the extent that such claim or demand is the result of,in whole or in part,the acts or omissions of the School District or its principals,agents,licensees or invitees arising from or relating to this Agreement. 5. Miscellaneous. 5.1 Effective Date. This Interlocal Agreement shall be effective upon the date of the last signature of a party (the"Effective Date"). 5.2 Authority to Enter Agreement. Each party to this Interlocal Agreement attests and warrants that they have the authority to enter this Agreement and to fulfill all the terms and conditions contained herein. 5.3 Notices. All notices herein may be provided for by facsimile transmittal (with machine verification of receipt), sent by overnight courier service, delivered or mailed registered or certified mail,return receipt requested, or by personal delivery. If a notice is mailed, it shall be considered delivered three (3) days after deposit in such mail. If a notice is sent via facsimile transmittal, it shall be deemed received upon receipt of verification of transmission. If a notice is sent via overnight courier, it shall be deemed received upon the next business day. The addresses to be used in connection with such correspondence and notices are the following,or such other address as a party shall from time to time direct: School District: Chimacum School District P.O. Box 278 Chimacum, WA 98325-0278 Telephone: 360-732-4090, Ext. 225 Facsimile: 360-732-4336 Attention: Superintendent County: Jefferson County Department of Public Works Port Townsend, WA 98368 Telephone: 360-385-9160 Facsimile: 360-385-9234 Attention: Public Works Director 5.4 Construction. This Interlocal Agreement shall not be construed more favorably to one party over another,notwithstanding the fact one party,or its attorney,may have been more responsible for the preparation of the document. 5.5 Nonwaiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements of this Interlocal Agreement or to exercise any option herein contained in any one or more instances shall not be construed to be a waiver or 3 • relinquishment of any such, or any other, covenant or agreements; but the same shall be and remain in full force and effect. 5.6 Amendment. This Interlocal Agreement constitutes the entire agreement between the parties and no modification, amendment, addition to or changes to this Agreement shall be valid unless in writing and signed by all parties. 5.7 Complete Agreement. This Interlocal Agreement fully integrates the understanding of the parties. 4 IN WITNESS WHEREOF,the parties have executed this Interlocal Agreement on the date and year set forth above. CHIMACUM SCHOOL DISTRICT NO. JEFFERSON COUNTY,WASHINGTON, 49, a Washington municipal corporation a Washington municipal Corporation BOARD OF COMMISSIONERS By: 0.1"1"41/a4A" al 3 b, By: Rick Thompson, Date Kate Dean, Chair Date Superintendent By: Greg Brotherton, Member Date By: David Sullivan, Member Date Approved as to form only: By: l C, 21//i Philip Hunsucker Date Deputy Prosecuting Attorney By: Mont: PE :, . . Date Pu..d01110"orks Director/County Engineer 5 EXHIBIT A CHIMACUM SCHOOL DISTRICT "CREATING THE FUTURE TODAY" P O Box 278 Chimacum WA 98325-0278 Phone:(360)302-5890 FAX: (360)732-4336 Rick Thompson,Superintendent Letter of Support for Grant Proposal from Chimacum School District Jefferson County Parks and Recreation Matt Tyler Parks and Recreation Manager 623 Sheridan St. Port Townsend,WA 98368 Dear Matt: The Chimacum School District has agreed to partner with Jefferson County and other local school districts to provide for improvements to the Jefferson County Memorial Field. As you know,Chimacum has very little if any functional athletic fields and so partnerships of this nature are of keen interest to the district. We are placing a bond in 2016 in front of the voters,but the bond is not designed to help the district conduct any night activities. We practically had to eliminate any stadium concepts to our facilities master plan due to lack of funding and due to community feedback when a bond which included a stadium failed. Specifically,the District has agreed: • To pledge$32,000 in match funds upon successful grant application • To pledge your support of the project and its importance to Chimacum High School and to the community • To replace the entire lighting system so that contests and activities can be conducted safely • To be environmentally friendly in that the proposed new system will be 50%more efficient • To respect local businesses and residents by reducing light pollution • To improve quality of service by designing and installing higher quality lighting for competitive high school sports contests for both boys and girls • To keep a county tradition alive in that memorial field has been lit since 1950—a 66 year tradition. BOARD OF DIRECTORS Cammy Brown,Robert Bunker,Maggie Ejde,Kevin Miller,Sarah Martin Chimacum School District is an Equal Opportunity/Affirmative Action Employer EXHIBIT A Asou know,lighting iitic yg gs critical to Chimacum High School Football Team,which Memorial Field is home field.For these reasons I can recommend improvements to the Memorial Field as an engaged community partner. Any questions can be directed to me at rick thompson@csd49.org and by phone at(360)302-5896. Sincerely Yours, Rick Thompson,Superintendent Chimacum School District No.49 - 1 -Page EXHIBIT A