Loading...
HomeMy WebLinkAboutResolution No. 2025-05 - Amended Interlocal Agreement with City of PascoRESOLUTION NO. 2025-05 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, APPROVING AN AMENDED INTERLOCAL AGREEMENT WITH THE CITY OF PASCO RELATED TO LEGAL COUNSEL 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 (ILA) for Administrative Services; and WHEREAS, on April 12, 2023, the PPFD and the City entered into a new ILA for Administrative, Financial, and Legal Services due to the additional costs associated with the design and construction of a voter approved Aquatic facility in Pasco; and WHEREAS, due to notice of termination for City of Pasco Legal services by Kerr Ferguson Law, PLLC, which expires December 31, 2025, the PPFD Board requested that the City of Pasco revise the ILA, to include the option of either continuing to use the City Attorney or contract for their own legal 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 approved the amendment to the ILA at their October 6, 2025, meeting. WHEREAS, the Pasco Public Facilities District Board, has after due consideration, determined that it is in the best interest of the PPFD to enter into the new Interlocal Agreement, replacing the Interlocal Agreement from 2023, to update and formalize relationships with the City of Pasco, Washington. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. The Pasco Public Facilities District Board of Directors does hereby approve the new Interlocal Agreement with the City of Pasco for administrative, financial, and legal services, attached hereto as Exhibit A. Section 2. This new Interlocal Agreement replaces the Interlocal Agreement executed in April 2023. Resolution — ILA with COP - 1 Section 3. That this Resolution shall take effect immediately. PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this 21 st day of October, 2025. PASCO PUBLIC FACILITIES DISTRICT Mar , Morrissette,(Board President ATTEST: �" 5 �' /".." Caroline Bowdish, S retary/Treasurer Pasco Public Facilities District APPROVED AS TO FORM: Signed by: ed'F6Yj 16fi Law, PLLC Attorney for PPFD Resolution — ILA with COP - 2 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 2025 ILA — City of Pasco/PPFD Administrative, Financial and Legal Services - 1 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 - 2 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 1 st 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 - 3 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 La Mark Morissette, Chair Attested to by: Debby Barham, CMC, City Clerk 2025 ILA — City of Pasco/PPFD Administrative, Financial and Legal Services - 4 Harold L. Stewart II, City Manager Exhibit A City of Pasco Base Compensation Effective April 17, 2023 Hours Rate* Cost Accounting — reporting, debt service management, 20 $41 $3,280 budget monitoring, general ledger maintenance, hrs/wk audit assistance, monthly tax filing with Dept. of Revenue Accounts Payable — audit invoices and process 4 hrs/wk $29 $464 payment. Does not include entering invoices Accounts Receivable/Revenue Collections — 4 hrs/wk $31 $496 receipt revenue and bank deposits Administrative Oversight — involvement of 10 $76 $760 management (Finance Director and/or Finance hrs/mth Manager) Senior Staff Support — all items listed in Section 20 $84 $1,680 VII — III hrs/mth City Clerk support — all items listed in Section V11 12 $45 $540 — II, excep t for p ublic records reg uests hrs/mth Monthly overhead rate — includes overhead for $2,280 ace, IT support, board meeting supp ort Monthly Total $93,500 *Rates will increase by 5% annually, effective Jan. 1 of each year. Page j5 Exhibit B City of Pasco Additional Compensation • Any additional hour spent by Finance staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • If Finance staff not listed in Exhibit A is required to meet the needs of the District, such as Payroll, Treasury or Procurement, then District will be billed by .5 hour increments at that employee's current rate. • Any additional hour spent by City Clerk staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • City Clerk time spent on public records requests will be charged $45 per hour for time spent above 2 hours per request. Page 16