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HomeMy WebLinkAbout4656 Resolution - 2025 ILA with Pasco Public Facilities District Resolution – 2025 PPFD ILA - 1 RESOLUTION NO. 4656 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED INTERLOCAL AGREEMENT BETWEEN THE PASCO PUBLIC FACILITIES DISTRICT AND THE CITY OF PASCO FOR ADMINISTRATIVE, FINANCIAL, AND LEGAL SERVICES. WHEREAS, RCW 39.34, Interlocal Cooperation Act, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco (City) Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, on February 19, 2013, the PPFD and the City entered into an Interlocal Agreement for Administrative Services; and WHEREAS, on April 26, 2022, the PPFD Ballot Proposition No. 1, imposing two-tenths of one percent (2/10 of 1%) sales and use tax for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool, was submitted to the voters of the District through the Franklin County Auditor’s Office, and the same did pass by a majority vote of those voting within the District; and WHEREAS, the PPFD Resolution No. 2022-03 provided for the implementation of Voter Authorized Tax. The Board of Directors of the PPFD shall implement the voter authorized 2/10 of 1% sales and use tax consistent with RCW 82.14.048 for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool; and WHEREAS, with the approval of the Ballot Proposition No. 1 and the receipt of the voter authorized 2/10 of 1% sales and use tax, there was a need to end the current Interlocal Agreement with the City for administrative services and implement a new Interlocal Agreement with the City for the purpose of assisting the PPFD with the design and construction of an indoor/outdoor aquatic center as well as continue with the administrative services including City Clerk, City Attorney, Finance, Senior Support Staff, and other City officials, employees or agents as necessary in exchange for payment of services for the PPFD. This was passed by the City Council of the City of Pasco, Washington via Resolution No. 4338 on April 17, 2023; and WHEREAS, Due to notice of termination for City Legal services by Kerr Ferguson Law, PLLC, the PPFD Board is requesting to revise the current ILA, which expires December 31, 2025, to include the option of either continuing to use the City Attorney or contract for their own legal Resolution – 2025 PPFD ILA - 2 services. This would ensure PPFD continued legal representation regardless of future City Attorney availability; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the new Interlocal Agreement, replacing the Interlocal Agreement from 2023, to update and formalize relationships with the Pasco Public Facilities District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between the Pasco Public Facilities District and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of October, 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys 2025 ILA – City of Pasco/PPFD Administrative, Financial and Legal Services - 1 INTERLOCAL 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 ______________, 2025, 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 1 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 Exhibit A 2025 ILA – City of Pasco/PPFD Administrative, Financial and Legal Services - 2 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. a. City Clerk and Public Records – The Pasco City Clerk or their designee shall provide support services to the District in the following: i. Meeting Support, Agenda coordination, advertisement, general correspondence with District members. ii. Stewardship of public records, including records management, maintenance, storage. iii. Coordination of public records request in accordance with all applicable OPMA regulations, RCW’s and PMCs. (2) The City Attorney may serve as the attorney for the District or the District will have the option to contract for their own legal services. This would ensure that the District continued legal representation regardless of future City Attorney availability. (3) The City Manager, or their Designee, shall serve as the primary liaison between the City and the District. a. Senior Staff Support – The Pasco City Manager, and their designee shall provide support services to the District in the following: i. General coordination between District Board Members and District staff with the Pasco City Council and City staff ii. Staff liaison support to the District Executive Director iii. Staff support for all City-led efforts outlined herein. iv. Coordination of real estate transactions v. Coordination of applicable Interlocal Agreements vi. Development of policy (4) The Finance Director, or their 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. 2025 ILA – City of Pasco/PPFD Administrative, Financial and Legal Services - 3 SECTION III PAYMENT FOR SERVICES The City shall charge to the District and the District shall pay to the City the base amount of $9,500 per month to supply such services specified in Exhibit A. Any additional services provided will be charged in accordance to Exhibit B and will be billed separately, monthly. 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 District shall adopt and follow City policies and procedures when deemed efficient and in compliance with applicable regulations. 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 October 2025, and terminate on the 30th day of September 2026, or when the Certificate of Occupancy is received for the facility, or an updated ILA replaces current ILA, whichever is sooner. Once the facility is operational, it is likely that the scope of services needed will significantly change and/or increase. Upon completion of construction, the District and the City will assess the format of future collaboration including the scope of services or management of needs in-house by the District. 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 regard 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. 2025 ILA – City of Pasco/PPFD Administrative, Financial and Legal Services - 4 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. PASCO PUBLIC FACILITIES DISTRICT CITY OF PASCO By: _______________________________ By: ______________________________ Mark Morissette, Chair Harold L. Stewart II, City Manager Attested to by: ____________________________ Debby Barham, CMC, City Clerk