HomeMy WebLinkAbout2023-03-07 - Regional Sports Complex Feasibility Study (interlocal) 2023 - Interlocal Agreements GeneralChelan Douglas Regional Port Authority
One Campbell Parkway, Suite A
East Wenatchee, WA 98802
INTERLOCAL AGREEMENT FOR THE FUNDING OF A
REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
This lnterlocal Agreement ("Agreement") is entered into this (p -1'_'1. day of Arn-L '
2023, by and between the CITY OF WENATCHEE, a municipal corporation of the State of
Washington ("Wenatchee"), CITY OF EAST WENATCHEE, a municipal corporation of the State ~ E,ee~~~
of Washington ("East Wenatchee"), the GREATER WENATCHEE'~PUBLIC FACILITIES c~';ir
DISTRICT, a municipal corporation of the State of Washington (the "PFD"), CHELAN Cu, V
COUNTY , a municipal corporation of the State of Washington, DOUGLAS COUNTY , a
municipal corporation of the State of Washington , and the CHELAN DOUGLAS REGIONAL
PORT AUTHORITY, a not-for-profit corporation organized under the laws of the State of
Washington (the "CDRPA") (known individually as Party or collectively as Participating Entities)
for the purposes sharing costs to conduct a feasibility study for the Regional Sports Complex.
RECITALS
WHEREAS , the lnterlocal Cooperation Act, RCW 39.34, authorizes public agencies to
enter into agreements with one another for cooperative action. The Participating Entities qualify
as public agencies for purposes of RCW 39.34; and
WHEREAS , the Participating Entities desire to work together on the following described
project for the benefit of the region. CDRPA is serving as the lead agency to conduct a feasibi I ity
study to evaluate the suitability of a regional sports complex. Each of the Participating Entities
desire to contribute funding toward to cost of the feasibility study; and
WHEREAS , the Participating Entities desire to have the CDRPA perform certain
administrative functions on their behalf to achieve cost efficiencies and economies of scale ; and
WH EREAS, the CDRPA will administer the Agreement by entering into a contract with a
consultant to perform the feasibility study as detailed herein this Agreement; and
WHEREAS , the total combined amount of funding to be contributed to the feasibility study
by the Participating Entities is $300 ,000.00 , with individual shares itemi zed herein this Agreement;
and
INTERLO C AL AGR EE MENT FOR REGIONAL SPORTS COMPL EX FEASIBILITY STUDY
Pa ge I
WHEREAS, through this Agreement, the Participating Entities desire to proceed with the
Regional Sports Complex feasibility study and to fairly allocate the cost between them; and
WHEREAS, for the mutual benefit of the Participating Entities and to conserve public
funds, it is convenient and economical for the Participating Entities to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms that this Agreement contains, the
Participating Entities agree as follows:
1. Term. This Agreement shall become effective upon the full execution by the Participating
Entities and recording with the Chelan County and Douglas County Auditors; or, alternatively, the
posting of this Agreement to each Party's website. It shall terminate upon completion of the
feasibility study, or no later than June 30, 2024.
2. Administration of Agreement.
2.1. No separate legal or administrative entity is created by this Agreement.
2.2. Jim Kuntz , CDRPA CEO, or his designee, shall administer this Agreement. The
authori ze d representative of each Participating Entity designated in Section 2.3 below shall be
responsible to report to their respective governing body.
2.3. The following shall be the Participating Entities' authorized representatives and
contact persons for administration of this Agreement and any notices required by this Agreement
shall be provided to:
CITY OF WENATCH EE
Attn: Mayor
31 Yakima Street
Wenatchee, WA 9880 I
CHELAN COUNTY
Attn: Commissioners
40 I Washington St.,
Wenatchee, WA 9880 I
CITY OF E. WENATCHEE
Attn: Mayor
271 9th Street NE
East Wenatchee , WA 98802
DOUGLAS COUNTY
Attn: Commissioners
203 S. Rainier Street
Waterville , WA 98858
~WR~ :t~: P~Pi~rn
1300 Walla Walla Ave
Wenatchee , WA 9880 I
CDRPA
Attn: CEO
I Campbell Parkway , Ste A
East Wenatchee , WA 98802
3. Purpose. The purpose of this Agreement is to facilitate a multi-phas e study to evaluate the
feasibility of a constructing a multisport complex in the reg ion , and to fairly allocate the costs
between the Participating Entities. This Agreement does not extend to the implementation of the
feasibility study.
4. Payment for Feasibility Study.
INT ERLOCAL AGREEMENT FOR REG IONAL SPORTS CO MPLEX FEASIBILITY STUDY
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4.1. The Participating Entities have authorized the CDRPA to seek qualifications and
delegated a subcommittee to assist in the consultant selection process. The CDRPA has estimated
a cost of $300,000.00 for the study. The Participating Entities agree to share a portion of the costs
in the following amounts:
Participating Entity Max. Contribution
'"Ree\t01\A.I 0/U\1SCer1fev Greater Wenatchee,_P fD
Chelan County
Douglas County
City of Wenatchee
City of East Wenatchee
CDRPA
$100,000
$ 50,000
$ 50,000
$ 40,000
$ 30,000
$ 30 ,000
4.2. The cost sharing limitations set forth in Section 4.1, above, shall not be exceeded
without the written authorization of all Participating Entities.
4.3. The CDRPA shall be responsible for making payment to the contracted consultant
upon the contract terms. The CDRPA will invoice each Participating Entity quarterly pro-rata
during the term of the contract. The Participating Entities shall each pay their established share
within 30 days of invoice. Payment(s) not made within 30 days of invoice shall accrue interest at
the rate of 12% per annum.
5. Property. The Participating Entities do not anticipate acquiring jointly-owned personal or
real property under this Agreement.
6. Financing, Budget and Expenses. No separate budget or financing method is created by
this Agreement.
7. Maintenance and Audit of Records.
7.1. Each Party shall maintain books, records , documents and other materials relevant
to its performance under this Agreement.
7.2. These records shall be subject to inspection , review and audit by either Party, the
Washington State Auditor's Office , or any other entity as required by law.
7.3. Each Party shall retain all such books , records , documents and other materials for
the longest applicable retention period under federal and Washington State law.
8. Legal Relations.
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
Pa g e 3
8.1. The Participating Entities are separate and independent governmental entities in all
respects. Nothing in this Agreement shall be construed as creating any other relationship between
the Participating Entities.
8.2. Each Participating Entity agrees to defend, indemnify, and hold harmless the other
Parties and its agents from and against claims, damages, losses, and expenses, including, but not
limited to, attorney's fees and costs and expenses, arising out of or resulting from its performance
of this Agreement, except for injuries and damages caused by the actions of the entity being
indemnified.
8.3. Nothing in this Agreement shall be construed to permit anyone other than the
Participating Entities and their successors to rely upon the covenants and agreements contained in
this Agreement, nor to give any such third party a cause of action, as a third-party beneficiary or
otherwise, on account of any nonperformance of the provisions of this Agreement.
9. Enforcement.
9.1. In the event a dispute arises regarding any matter addressed in or related to this
Agreement, the Participating Entities agree that before taking any court action or seeking any other
legal remedy, the Participating Entities' authorized contact persons listed in Section 2.3, or their
authorized designees, will participate in a good faith in-person negotiation to resolve any such
dispute.
9.2. If any legal action, arbitration or other proceeding is brought for the enforcement
of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this Agreement, each Party shall pay its own attorney's
fees incurred in that action, arbitration or other proceeding.
I 0. Authority. Each person signing this Agreement has the full authority to execute this
Agreement and to bind the party on behalf of which he/she signed.
11. Applicable Law. The laws of the State of Washington shall govern this Agreement and all
questions relating to it.
12. Venue. Venue of any action arising out of this Agreement shall be exclusively in a court
of competent jurisdiction in Chelan County, Washington.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original and all of which together shall be deemed one and the same document.
14. Recitals. The recitals in the preamble to this Agreement are incorporated by this reference
and are a part of this Agreement.
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX fEASIBILITY STUDY
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15. Assignment. Nothing contained in this Agreement shall be interpreted or construed to
permit the assignment by the Participating Entities of any rights or obligations in this Agreement
and such assignment is expressly prohibited without the prior written consent of the other
Participating Entities.
16. Posting of the Agreement. Pursuant to RCW 39.34.040, this Agreement shall be recorded
with the Chelan County Auditor and the Douglas County Auditor or posted to each Party's website.
17. Applicable Laws. The Participating Entities, in performance of the work under this
Agreement, shall abide by all applicable local, state and federal laws, regulations, and
requirements.
18. Interpretation.
18.1. This Agreement has been submitted to the scrutiny of the Participating Entities and
their legal counsel, if desired, and it shall be given a fair and reasonable interpretation in
accordance its words, without consideration or weight given to its being drafted by any Party or
its legal counsel.
18.2. In the event any term, provision, or condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms,
provisions, conditions, or applications of this Agreement which shall be given effect without the
invalid term, provision, condition, or application. To this end, the terms, provisions and conditions
of this Agreement are declared severable.
19. Waiver of Breach. The waiver by either Party of the breach of any prov1s1on of this
Agreement by the other Party must be in writing and shall not operate or be construed as a waiver
of any subsequent breach by such other Party.
20. Entire Agreement. This Agreement constitutes the entire agreement between the
Participating Entities relating to the regional sports complex feasible study. Any modification of
the Agreement or additional obligation assumed by the Participating Entities in connection with
the Agreement shall be binding only if evidenced in writing and signed by all Participating Entities.
This Agreement shall be binding upon the Participating Entities, their successors and assigns.
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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CITY OF WENATCHEE
STA TE OF WASHINGTON )
) ss .
County of Chelan )
I certify that I know or have satisfactory evidence that Frank J. Kuntz is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument and acknowledged it as the Mayor of the City of
Wenatchee, to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
DATED this /1.,,/J ~ay of J;x)~ \_ , 2023.
~sign ature~ A
I\A {. \ '1 Y"\ ~ .A.. G,./ L,'-\1 _,\. 0 <" \ <I<.. "' L)
(printed or typ e nam e)
NOTARY PUBLIC, State of Washington
My Commission Expires O ~-(J) · z..r·
INT ERLO CAL AGREEMENT FOR REGIONAL SPORTS COMPL EX FEASlBILJTY STUDY
Pa ge 6
CITY OF EAST WENATCHEE
By ~A L ~/ JERRILEA CRA WFO~ Mayor
STA TE OF WASHING TON )
) ss.
County of Douglas )
I certify that I know or have satisfactory evidence that Jerrilea Crawford is the person who
appeared before me and said person acknowledged that she signed this instrument, on oath stated
that she is authorized to execute the instrument and acknowledged it as the Mayor of the City of
East Wenatchee , to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
DATED this ~ day of \V\O.YCYl
ANNA LAURA LEON
Notary Public
State of Washington
Comm i ssion # 21005108
My Comm. Expires Jan 29, 2025
, 2023.
(printed or typed name)
NOTARY PUBLIC, State of Washington
My Commission Expires .:::lAnu 0,Y:J 2. 0 \ 2-.0l ~
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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/1~1t>r1,d fvmtsCo1 kv-
GREATER WENATCHE ~PUBLIC FACILITIES DISTRICT
¥-By_-+-_ _,_,_ _______ _
STATE OF WASHINGTON)
) ss.
County of Chelan )
1 certify that I know or have satisfactory evidence that &1u-1 I( l<ctn t) is the
person who appeared before me and said person acknowledged that )'.J1e signed this instrument, on
oath stated that ~he is authorized to execute the instrument and acknowledged it as the President
of the Board of Directors, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
I NTE RLO CAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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CHELAN COUNTY
By~
KEVIN OVERBAY SHON SMITH, Commissioner
,,,,1111,,,,
,,, N C 111 ,, \ f)-0 /. 1.,
,, ~,._. .......... VA.✓✓,, .:::,' '<' /.;._l't'iss;0 '• .. : V ~ ,.,. ... r • . ,,. '> . ,,,,,.. ., :: v _.·c.P .,,. · .. .J..-::. -. "". -
By __ E~XC ___ l_JS ..... E ___ O ____ _
TIFF ANY GERING, Commissioner
:: :' . -
STATE OF WASHINGTON) ~ ~ :._ SEAL ) z ~
) Ss -:::. '"t7 •• : 0:::: • .,.. , ,). •.. • .. 1-.:.. ::::
County of Chelan ) ~,,,, ~ ··•... . .. ··'__,0 , ....... ,, 0,:-....... d.\'--,,
'11, WASP ,,,
I certify that I know or have satisfactory evid~hb'~ ,nhat i~~~in Overbay is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument and acknowledged it as the Commissioner of Chelan
County, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
(printed ort ped name)
NOTARY PUBLIC, State of Washington
My Commission Expires /--2 7: .. 'Z.,Lf
I certify that I know or have satisfactory evidence that Shon Smith is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument and acknowledged it as the Commissioner of Chelan
County, to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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DA TED this --1.t!:._ day of ?ilt3 ,,n,J,i,, , 2023.
(printed ~ ed tj
NOTARY PUBLIC, State of Washington
My Commission Expires l -2..4 -l,/:{
I certify that I know or have satisfactory evidence that Tiffany Geri · the person who
appeared before me and said person acknowledged that she signed th· · strument, on oath stated
that she is authorized to execute the instrument and ackno , · ged it as the Commissioner of
Chelan County, to be the free and voluntary act of sue y for the uses and purposes mentioned
in the instrument.
(signature)
(pr inted or ty ped name)
NOTARY PUBLIC, State of Washington
My Commission Expires ______ _
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
Page 10
DOUGLAS COUNTY
·EINBURG, Commissioner
_/1-&tfl ___
By ______________ _
MARC STRAUB, Commissioner
STATE OF WASHINGTON )
) ss.
County of Douglas )
I certify that I know or have satisfactory evidence that Dan Sutton is the person who
appeared before me and said person acknowledged that he signed this instmment, on oath stated
that he is authorized to execute the instrument and acknowledged it as the Commissioner of
Douglas County, to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
STATE OF WASHINGTON )
) ss.
County of Douglas )
, 2023.
(printed or typed name)
NOTARY PUBLIC, State of Washington
My Commission Expires I j '31 / 2 CZ..le
I certify that I know or have satisfactory evidence that Kyle Steinburg is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument and acknowledged it as the Commissioner of
Douglas County, to be the free and voluntary act of such patty for the uses and purposes mentioned
in the instrument.
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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DATED this 7-fv\ day of MC\ YC, h , 2023.
(printed or typed name)
NOTARY PUBLIC , State of Washington
My Commission Expires \ \ ~ \ I W2. (..o
I ce1tify that I know or have satisfactmy evidence that Marc Straub is the person who
appeared before me and said person acknowledged that she signed this instrument, on oath stated
that she is authorized to execute the instrument and acknowledged it as the Commissioner of
Douglas County, to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
, 2023 .
c,;gn k h~
E,rt\L.0-.. 6ue.vr:O:O
(printed or typed name)
NOTARY PUBLIC, State of Washington
My Commission Expires \ j ·3 \ I 2-0Z....'-P
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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CHEL N DOUGLAS REGIONAL PORT AUTHORITY
T
S A TE OF WASHINGTON )
) ss.
County of Douglas )
I certify that I know or have satisfactory evidence that Jim Kuntz is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated
that he is authorized to execute the instrument and acknowledged it as the CEO of the Chelan
Douglas Regional Port Authority, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DA TED this \ t day of _f\-'-'-p-'-n-'--· \ ____ ,, 2023.
(printed or typed name)
My Commission Expires £,. \ 1-· 1JJ)
NOTARY PUBLIC, State of Washington
Notary Public
State of Washington
SARAH K OEENIK
COMM. # 201733
~ MY COMM. EXP. 08/1212026
INTERLOCAL AGREEMENT FOR REGIONAL SPORTS COMPLEX FEASIBILITY STUDY
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