2021/12/08 Council Agenda Packet

WHEREAS, the initial dollar value of the grant match was based on the conceptual -level project estimate included in the grant application which was calculated to be $198,063 of the total $782,563 project cost estimate as specified in the Grant application; and WHEREAS, after bidding the Jetty Landing Restroom Capital Project, the actual Project cost increased to $1,140,000.00 and that amount exceeded the Parties' respective basic financial commitments plus contingency. As a result, the First Interlocal Agreement automatically terminated according to its terms; and WHEREAS, The Parties believe it is in the best interest of the public, their respective constituents and public recreation to continue with the Jetty Landing Restroom project. As a result, they have agreed to cover the Project construction cost increase in allocated shares as set forth in this Interlocal Agreement. The total grant match by the Port, the County and the City has increased to $555,500; and WHEREAS, pursuant to the powers accorded to the Port, the County and the City pursuant to Chapter 39.34 RCW, the Parties 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 Successor Interlocal Agreement, the Parties agree as follows: SECTION 3. TERMS AND CONDITIONS 3.1 Subject to the provisions of this Interlocal Agreement, the Port, the County and the City each, respectively, hereby authorize this Interlocal Agreement and commit their own agency to pay an allocation of the costs and expenses for the Jetty Landing Restroom Capital Project (the "Project") as set forth herein. The City shall pay a fixed amount of $118.191.00 as its share and the County shall pay a fixed amount of $170,191.00 as its share, both of which shall be paid after Project completion within thirty (30) days after receiving an invoice from the Port, supported by a complete accounting of Project expenses. As the Port's allocation, the Port shall pay all costs of the Project including, without limitation, all costs arising from change orders and contractor claims, that exceed $872,691.00 ($584,500.00 grant amount + $118,191.00 (City amount) + $170,191.00 (County amount). 3.1.1 The Port will execute the Project as set forth in this Interlocal Agreement and in accordance with all applicable laws, with the City and County each reimbursing the Port their shares for Project expenses, net of Grant reimbursements, so that the Port, City, and County each share Project expenses in accordance with this Interlocal Agreement. 3.1.2 Any work product generated from and paid for with funds allocated for this Project will become the property of the Parties in their most native and/or useable form. 3.2 The Port will execute the Project on a schedule required by the Grant. 2 BNC\03 221 \0065\01021319.v 1