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Home My WebLink AboutILA - Pasco Public Facilities District for Capital Facilities Planning 08022004 1649615 P�ge: 1 of 5 08/20/2804 09:00A PA5C0 CITY OF AGREE 23.00 Franklin Co, WA WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 �K�ld�&.�t��r .1a c.k.s�a,✓__ ...-- INTERLQCAL AGREEMENT Between CITY OF PASCO, WASHINGTON and PASCO PUBLIC FACILTTIES DISTRICT FOR CAPITAL FACILITYES PLANNING THIS INTERLQCAL AGREEMENT is rnade and entered into this 2nd day of August, 2004, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "Ciry" and the Pasco Public Facilities District, a Washington Municipal Carporation; hereinafter referred to as "District. " » �� . � ,� � �� n o \ I W H E R E A S, t he�Dis trrc t is direc te d an d empowere d to pursue t he loca tion o f a � �i. � ♦� , i/ �i A�, � , ♦ Ii �� Regional.Special:Events Center and associated facilities within the City of.Pasco; and� WHEREAS, to establish a clear visian af desirable projects within the community, a Capital Facilities Plan is necessary to identify which projects are most beneficial, attractive and specifically suited for the City including identifying potential collaboration with other community agencies; and WHEREAS, the preparation of such Plan would require specialized consulting assistance in addition to the resources of the District; and WHEREAS, specific funding for the securing of these consulting services is necessary for the District to perform its functions and beneficial to the City in the securing of the Capital Facilities Plan. NOW, THEREFORE, in consideration of the mutuai covenants contained herein, it is agreed between the Parties as fallows: lnterlocal Agreement PascolPasco FFD Capital Pacilities Planning- 1 1649�15 Paqe: 2 of 5 08/20/2004 09:00A PRSCO CITY OF AGREE 23.00 Franklin Co, WR SECTION I PURPOSE The purpose of this Agreement is to provide for the preparation of a Capital Facilities Plan for the location of a regional center as defined by RCW 35.57.020 within the City, including providing funding for the securing of consulting services to assist in the preparation of the Plan. SECTION II TERM The term of this Agreernent shall not exceed six {6} months unless both parties agree to extend this Agreement to complete any pending investigation. SECTION III RESPONSIBILITIES OF THE CITY The City shall pay to the District for reimbursement of consulting services secured by the District for the preparation of a capital facilities and for regional center in an amount not to exceed Thirty Thousand Dollars and 00/100 ($30,000.00}. Payme�shall be made�by the Citr-y o the'Dist ct�upon invoice for1reimbursemen��of'the actual`costs� incurred for such consulting services within thirty(30) days of invoice. ' u � �I /� � � � � � \SECTION IV — � � RESPONSIBILITES OF THE DISTRICT The District shall: A. Secure the services of an appropriately qualified cansultant, acceptable to the City, for the preparation of the Regional Center Capital Facilities Plan. B. Contract and administer the consulting services for the preparation of the Plan. C. Provide such input, direction, including public input if necessary, to the consultant for preparation of the Plan. D. Present to the City Council the finat Plan and report to the Council the District's findings and recommendatians.. Interlocal Agreement Pasco/Pasco PFD Capital Facilities Planning-2 ��1� Page: 3 of 5 08/20/2004 09:00A PRSCO CI7Y OF qGREE 23.00 Franklin Co, WR SECTION V AUDIT OF FINANCIAL REC4RDS The District shall maintain books, records, documents and all other materials sufficiently and properly reflect all expenditures made pursuant to this Agreement. The City shall have full access and right to examine and copy all af the records of the District for the respective matters covered by this Agreement during any term, or renewal of this Agreement and for three {3} years after its termination. SECTION VI INDEMNIFICATION The City shall defend, indemnify and hold harmless the Dzstrict, its officers, employe�s, and agents from any and all costs, claims, judgments or awards of damages arising out of or in any way resulting from negligent acts or omissions of the City, its officers, employees or a�ents in the perfarmance of this Agreement. Th� District shatl defend, indemnify and hold harmless the City, its officers, employees, and agents fram any and all costs, claims, judgments or awards of damages arising��of ar��y�y�esulting fr=m n�gligen�t acts�or omissions of the District, its afficers, employees or agents in the performance of this Agreement. Q � �J � I� I _ �' �� sECT1oN�y��1, �, L .- I INTERLOCAL COOPERATIVE ACT PROVISIONS Each party shall be solely responsible for all costs, materials, supplies and services necessary for their performance under the terms af this Agreement. All property and materials secured by each party in the performance of this Agreement shall remain the sole property of that party. All funding incident to the fulfil�ment of this InterZocal Agreement, shall be borne by each party necessary far 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 Cooperation Agreernent. It is not the intention that a separate legal entity be established to conduct the caoperative undertakings, nor is the acquisition, haiding, or disposing af any real or personal property anticipated under the terms of this Agreement. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator af this Interlocal Cooperative Agreement. A copy of this Agreement shall be filed with the City Clerk of the City of Pasco and the Franklin County Auditar; provided, howev�r, that failure to file shall not affect the validity of this Agreement. Interlocal Agreement Pasco/Pasco PFD Capital Facilities Planning-3 164961� Page: 4 of 5 08/20/2004 09:00A PASCO CiFY OF AGREE 23.00 Franklin Co, WA SECTION VIII ENTIRE AGREEMENT This Agreement contains all the terms and conditions ageed 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 Agreernent shall be in writing and signed by hoth Parties to be effective. SECTION IX APPLICABLE LAW This Agreeanent 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 X AUTHORITY FOR EXECUTION � � n � � n � � � � Each of-the� parties' warrants and represents that its representatives, whose \si atures are below, �rassess all �re uired autlio'riti`to si this A eemerit�and•`such+ �..,� �—✓� ►i pi i �q:� � .. y 1.. � �, �-� �� .� powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement in Pasco, Washington, on the day and year first written above. CITY OF PASCO, WASHINGTON PASC4 PUBLIC FACILITIES DISTRICT ichael L. G ' on Ro rt Tippett Mayor President Interlocal Agreement PascolPasco 1'�'D Capital Facilities Planning-4 �649�15 Page: 5 af 5 PA5C0 CITY 4F RGREE 23.qp 08a k0i��o4 �A:SOA STATE OF WASHINGTON ) : ss. County of Franklin } On this day personally appeared before me MICHAEL L. GARRISON, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and aclrnowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GNEN under my hand and official seal this �?�day of �U�U S f , 2004. , S�Ea u. �qc NOTARY PUBLIC in nd for the State of Was ,��"i��'� Residing at: 4'SC0 , NOTAR} `'' Z My Commission Expires: 7 �� c�� C18 L1G ��` �ao �o°a �t�� STATE OF WASHINGTON } pF wASH�HC� : ss. County of Franklin ) On this day personally appeared before me ROBERT TIPPETT, President of the Pasco Public Facilities District, to be knawn to.be the individual described in and,who executed the within and`foregoing ins�trument, �and�clmowledged that he(signed the same as her fre1 and� �` I! t 4 1 �' � '1 �/ ♦� 1 � v`luntary act and deed.for the.uses and purposes therein mentioned. ( � \� Jl I� I �� J1 �.I �� I�� , � � U GIVEN under my�hand and official seal this ��day af" U cJS��2004. NOTARY PUBLIC in nd far the State of Washington Residing at: SC:Q My Commission Expires: o �� ER �' '�'�� y �SstioK �.p '�'s 3'� �'�pTAlqy`�'� �Z Na AtJSL�G = � ��► ►'2 0 2°° a'� �F wASN�� Interlocal Agreement Pasca/Pasca PFD Capital Facilities Planning-5