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