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HomeMy WebLinkAbout2022.11.15 PPFD Mtg Handout BINTERLOCAL AGREEMENT between THE CITY OF PASCO, WASHINGTON and THE PASCO PUBLIC FACILITIES DISTRICT for ADMINISTRATIVE, FINANCIAL, AND LEGAL SERVICES THIS AGREEMENT, is made and entered into this ____ day of ________, 2022 between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as the "City"; and the Pasco Public Facilities District, a Municipal Corporation, hereinafter referred to as "District" and agrees to the following terms: WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of Washington for the purposes of acquiring, constructing, operating and financing one or more regional centers through cooperative and joint ventures with one or more qualifying public facilities district; and WHEREAS, the District possesses, by law, all of the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, as well as to enter into contracts and agreements; and WHEREAS, the District desires to contract with the City of Pasco for the purpose of securing those services necessary for fulfillment of the District' s functions. NOW THEREFORE, in consideration of the mutual covenant contained herein, the parties agree as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is to create a cooperative basis upon which the Board may utilize the personnel, services, and resources of the City to fulfill its statutory function and to provide the basis of compensation to the City for such services. SECTION II SERVICES PROVIDED BY THE CITY The City shall provide, at the request of the District, the following services: (1) The City Clerk shall serve as the ex officio secretary of the Board for the purpose of acceptance of claims, statutory notice of public meetings, repository of official records of the District; keep and maintain minutes of District Board meetings (including recorded records) and provide for the public inspection and copying of such records in accordance with the policies and such of the City AND THE Revised Code of Washington. (2) The City Attorney shall serve as the attorney for the District. (3) The City Manager, of his designee, shall serves as the primary liaison between the City and the District. ] (4) The Finance Director, or her Designee, shall serve as the financial officer for the district. Duties include preparing quarterly and annual financial reports, including claims, revenue/expense reports, perform all accounts payable and receivable a. Upon the direction of the District, the City shall: i. Assist in coordinating Bond application and process ii. Establishing operations and revenue funding for the facility (5) Other City officials, employees, or agents providing specific or specialized services as may be necessary (6) The City shall provide meeting space for the conduct of all District meetings. SECTION III PAYMENT FOR SERVICES The City shall charge to the District and the District shall pay to the City the amount of $5000 per month to supply such services together with all ancillary costs of materials, fees, taxes or assessment incident to the provision of such services. City Attorney services rendered for the District shall be charged in addition to the above monthly charge and billed separately. SECTION IV INTERLOCAL COOPERATIVE ACT PROVISION The District shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by the District in the performance of this Agreement shall remain the sole property of the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by the party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or personal property anticipated under the specific terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION V TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1st day of January, 2023, and terminate on the 31st day of December 2027. Commented [ZR1]: Assuming half time accountant and misc staff services. Calculations forthcoming from finance. SECTION VI ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regards to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. SECTION VII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION VIII AUTHORITY FOR EXECUTION Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement by the duly authorized officers on the day and year first written above. II. City Clerk and Public Records A. The Pasco City Clerk or his.her designee shall provide support services to the District in the following: a. Meeting Support, Agenda coordination, advertisement, general correspondence with District members. b. Stewardship of public records, including records management, maintenance, storage. c. Coordination of public records request in accordance with all applicable OPMA regulations, RCWs, and PMCs. III. Senior Staff Support B. The Pasco City Manager, and his or her designee shall provide support services to the District in the following: a. General coordination between District Board Members and District staff with the Pasco City Council and City staff b. Staff laison support to the District Executive Director c. Staff support for all City-led efforts outlined herein. d. Coordination of real estate transactions e. Coordination of applicable Interlocal Agreements f. Development of policy IV. Finance Department g. The Pasco Finance Department shall provide the following to the District: h. Including Claims, Revenue/Expense reports i. Perform all accounts payable and receivable j. Upon the direction of the District, the City shall: i. Assist in coordinating Bond application and process ii. Establishing operations and revenue funding for the facility PASCO PUBLIC FACILITIES DISTRICT CITY OF PASCO By: ________________________ By: ________________________ Mark Morissette, Chair Dave Zabell, City Manager Attested to by: ____________________________ Debby Barham, CMC, City Clerk