Snohomish County Port of Everett 9/19/2019

WHEREAS,pursuant to the powers accorded to the Port, County and the City pursuant to Chapter 39.34 RCW, the agencies possess the authority and also have the desire to execute an intergovernmental cooperation agreement for this purpose: NOW, THEREFORE, in consideration of the mutual benefits of this Agreement, the parties agree as follows: SECTION 3. TERMS AND CONDITIONS 3.1 Subject to the provisions of this Agreement, the Port, the County and the City each, respectively,hereby authorize this Agreement and commit their own agency to pay an equal one- third allocation of the expenses for the Jetty Landing Restroom Development project, a Capital project (the "Project"). This one-third allocation includes the grant match costs calculated in the Grant application to be $198,063 total to be split among all three agencies, which would be an amount of$66,021 per agency. These costs will include project management costs, construction costs, sales tax, permit and review costs, and any and all other associated with the Project. Plus, each agency is committed to pay an equal one-third division of any Project overages of costs over the estimated conceptual budget but not to exceed a total overage amount of$156,521 (20%) or $52,170 per agency. Accordingly, each agency's one-third share of Project expenses under this Agreement will not exceed $118,191 (i.e., $66.021 + $52,170). 3.1.1 The Port will execute the Project as set forth in this Agreement and in accordance with all applicable laws, with the City and County each reimbursing the Port for one-third of Project expenses, net of Grant reimbursements, so that the Port, City, and County each share Project expenses equally. The Port may provide a portion of its one-third share of the Project expenses by providing engineering design and construction administration services. In order for this to occur, the Port shall provide to the City and County the Port's cost proposal for providing these services, including the cost allocation the Port intends to attribute for such services. The City, the County, and the Port's Project Manager shall mutually agree on an appropriate cost allocation credit to the Port for these services and that shall be documented in order for the Port to proceed and provide these services to the Project. The Port shall provide a full accounting of costs documented to meet the RCO guidelines for eligible expenses. These costs will be credited against the Port's one-third share. 3.1.2 The City shall pay its one-third share of Project expenses by reimbursing the Port one third of the total Project expenses, net of the Grant reimbursement, upon receiving satisfactory evidence of such expenses,less the City's in-kind match amount as determined in this subsection,and shall make payment within 60 days of receiving such evidence. The City may provide a portion of its one-third share by providing landscape architectural services. In order for these services to occur, the City shall provide to the Port's Project Manager, identified below, the City's cost proposal for providing landscape architectural services in accordance with an agreed to design schedule, including the cost allocation the City intends to attribute for such services. The City, the County, and the Port's Project Manager shall mutually agree on an appropriate cost allocation credit to the City for the City's landscape architectural services and that shall be documented in order for the City 2 BNC\03221\0065\01021319.v 1