HomeMy WebLinkAbout2005.08.04 Council Workshop Packet AGENDA REPORT
TO: City Council August 4, 2005
FROM: Gary Crutchfi i Manager Workshop Mtg.: 8/8/05
SUBJECT: Grand Old 4a'
I. REFERENCE(S):
1. Letter from County Administrator dated 8/3/05
2. Profit/Loss Summary
3. Revenue Report
4. Expenditure Report
5. E-Mail from NICA Representative dated 7/13105
H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/8: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City agreed to equally share the net cost of sponsoring the Grand Old 4`h
celebration as a four-day event at TRAC this year (rather than a one-day event at
Memorial Park). The County was the lead agency in organizing the event at TRAC,
with assistance from the City's recreation staff and community volunteers who have
assisted on the City's Grand Old 4t'' event for the past 15 years. While the event was
successful in some ways, it did not fulfill the financial objective of"breaking even."
B) Although the event did not meet its financial goal, both County and City staff expect
the event attendance to grow in the second year. Fred Bowen (County
Administrator) has expressed the County's interest (see letter dated 813105) in
operating the event in 2006 with the increased expectation of "breaking even." To
do so, however, will require an early commitment from the City to share in the
operating costs for next year's event.
V. DISCUSSION:
A) Mr. Bowen will be present at the August 8 workshop meeting to provide any
additional information Council may deem necessary to arrive at its conclusion.
3(b)
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Graluf Ofd4th' 0���j r � �
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Franklin County Administrator's Office• 1016 N.Fourth,Pasco,WA. 99301-3706 • (509)545-3578 (509)545-3573 fax
August 3, 2005
Pasco CiY Council
525 N. 3 Avenue
Pasco,WA 99301
Re: Grand Old 4`h
Dear Council Members:
I appreciate the opportunity to work with Paul Whitemarsh,Allison Matthews and other city
employees during the development and implementation of the Grand Old 4th. I found them
to be very professional and dependable. Everyone involved contributed 110%to accomplish
the goal of promoting a family-oriented event.
Numerous positive comments regarding the celebration and entertainment were received
from the public. Comments were also received from several veteran food vendors stating our
event was well-organized and their appreciation for helpful committee members. All food
vendors mentioned a desire to return next year. Enclosed please see a copy of an email
received from Judy Gruver, Washington National Independent Concessionaires Association
Representative.
Over$200,000 in advertisements were circulated through the following media organizations:
KEPR television, Clear Channel Radio stations,Tri-City Herald,Nickel Nik,The Entertainer
Magazine and KONA Radio. The Grand Old 4h paid approximately$9,000 for the above-
mentioned advertisements due to partnerships and/or sponsorships formed.
Our anticipated attendance for the four-day event was 35,000. An un-audited ticket count on
July 5h confirmed attendance at 19,126. The Tri-Cities typically does not have an event to
look forward to on the 4t'of July;therefore, we believe they were not expecting or listening
for it. We anticipate those who attended this year will come again and tell others about their
experience.
Pasco City Council
August 3, 2005
Page 2
Clear Channel Radio Marketing Manager, Eric Van Winkle,believes this event will
continue to grow each year and is willing to promote a'concert for the 2006 event. This
partnership is beneficial as the cost of advertisement and entertainment is very expensive.
A summary of the revenues and expenditures are attached for your review and
consideration. Please let me know if you desire any additional information or have any
questions or concerns.
The Franklin County Board of Commissioners have reviewed the event and are willing to
participate again next year if the City agrees to continue their partnership.
Again, I enjoyed working with the employees of Pasco and compliment them on a job
well done. I believe our collaboration was beneficial for all involved. Our teamwork
allowed us to present an excellent family event to the residents of Pasco and Franklin
County.
We appreciate your consideration and look forward to hearing from you.
Respectfully,
Fred H. Bowen
County Administrator
Enclosures (4)
cc: Gary Crutchfield, City Manager
Stan Strebel, Director
Paul Whitemarsh,Recreation Services Manager
Grand0fd4th rp) 1
Franklin County Administrator's Office • 1016 N.Faith,Pasco,WA. 99301-3706 . (509)545-3578 (509)545-3573 fax
2005 Profit/Loss
Summary
Total Revenues $ 233,727.44
Total Expenditures $ 167,595.45
Net Gain $ 66,131.99
Start-up Funds $ (170,000.00)
Net Loss $ (103,868.01)
Net Individual Loss $ (51,934.01)
i
The following items minimize the loss:
Capital Purchase of Louvers for Arena
In lieu of one-time rental of Port-A-Cools $ 23,000.00
$ (80,868.01)
TRAC Net Revenue
(May reduce subsidy payment) $ 26,909.98
$ (53,958.03)
Individual Loss $ (26,979.02)
ed
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and Tl
Franklin County Administrator's Office• 1016 N.Fourth,Pasco.WA. 99301-3706 • (509)545-3578 (509)545-3573 fax
2005
Revenue Report
Start-up Funds (County) $ 85,000.00
Start-up Funds (City) $ 85,000.00
Gate Admission (TRAC) $ 22,517.00
Gate Admission (City) $ -
Gate Admission (County) $ 6.00
Little River Band (TRAC) $ 5,690.00
Little River Band (City) $ 70.00
Carnival (TRAC) $ 608.00
Carnival (City) $ 112.00
Carnival (County) $ -
Carnival Advertising $ 750.00
Carnival $ 4,730.48
Commercial Space $ 12,900.00
Food Concession % $ 3,412.64
lee Sales $ 1,644.00
Vendor Insurance $ 307.14
Sponsorships $ 10,390.00
Cook Off Taste Testing $ 145.00
Cook Off Entry Fees $ 150.00
Color Blind $ 525.00
Shortage $ (359.92)
Overage $ 130.10
Total Revenue $ 233,727.44
G and
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Franklin County Administrator's Office• 1016 N.Fourth,Pasco,WA. 99301-3705 • (509)545-3578 (509)545 3573 fax
I
i
2005
Expenditure Report
TRAC Rental $ 30,000.00
TRAC-Reimburseables $ 1,880.94
Office Supplies $ 317.87
Postage $ 357.64
Pasco - Shirts & Color Posters $ 1,256.21
Printing $ 1,389.44
Ticket Printing $ 622.09
Decorations $ 3,283.28
Security $ 8,101.25
Misc. Entertainment Costs $ 24.46
Advertising $ 8,948.88
Ice (Approx) $ 1,221.05
Grandstand Entertainment $ 41,673.08
Outdoor Entertainment $ 2,260.00
Dance Expenses (ColorBlind) $ 1,782.57
Sound & Lights $ 21,784.50
Cook-off $ 1,053.65
Fans/Louvers in Arena $ 17,820.09
Hotel Rooms $ 2,795.03
Tent Rental $ 1,500.00
Electrical $ 11,233.74
Generator& Fuel (Star Rentals) $ 627.33
Generator Fuel (Connell Oil) $ 256.27
Tent Replacement $ 1,550.00
Generator(Western CAT) $ 2,412.53
Food Vendor Supplies $ 352.45
Vendor Insurance $ 204.76
Miscellaneous Expenses $ 219.34
Sponsorship Fees (Approximate) $ 2,667.00
Total Expenses $ 167,595.45
Brid ette A. Scott
From: Fred Bowen
Sent: Wednesday,July 13, 20051:48 PM
To: Bridgette A. Scott
Subject: FW: Grand old 4th
>From: Judi Gruver[SMTP:JUD198837 @YAHOO.COMj
>Sent: Wednesday, July 13, 2005 1:48:20 PM
>To: fbowen @co.franklin.wa.us
>Subject: Grand old 4th
>Auto forwarded by a Rule
Fred Bowen and Committee
The Grand Old 4th event was of the best organized
and executed event's we have attended and participated
in. The NICA members that attended your event want
to thank you for the opportunity to provide vendors to
support your event.
The entire group of NICA members are interested
in supporting this event and any other events you
should endeavor next year.
Sincerely
Judi Gruver
WA. NICA Rep.
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i
AGENDA REPORT k 29
FOR: City Council August 3, 2005
TO: Gary Crutchfi I anager Workshop Mtg.: August 8, 2005
Regular Mtg.: September 6, 2005
FROM Robert J. Albertsi g&W Works Director
SUBJECT: Closure of Ainsworth Avenue for construction of Ainsworth Avenue Overpass
Project- 99-3-04
I. REFERENCE(S):
1. Detour Map
Ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
08/08 Discussion
09/06 MOTION: I move to allow temporary closure of Ainsworth Avenue between 9'h
Avenue and Grey Street for the duration of six (6) months for
construction of the Ainsworth Overpass Project
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Ainsworth Overpass Project is scheduled to be advertised for construction in September.
The design consultant, Anderson Perry, recommends Ainsworth Avenue be closed to allow
the contractor to build the overpass without having to provide traffic control on Ainsworth
Avenue. The closure would reduce the construction contract time from eight (8) months to
six (6) months and save the project approximately 5% to 10% in costs. The proposal to
close Ainsworth Avenue, which is also SR 397, has been approved by WSDOT. Mr. Eric
Zitterkopf and Mr. Randy Hayden representing the consultant and the Port of Pasco,
respectively, will provide a presentation and summary of the project.
Staff has been in communication regarding the project with the local property owners since
2000. Staff believes detour routes can be provided to all properties during construction of
the project. Truck traffic would be diverted to "A" Street.
If council is supportive of the closure, staff will immediately notify all surrounding property
owners of the proposal to close Ainsworth Avenue during construction and the pending
Council action. Staff will report back at the August 22, 2005 Council Meeting.
V. ADMINISTRATIVE ROUTING:
Project File
3(c)
AGENDA REPORT NO. 63
FOR: City Council Date: August 5, 2005
TO: Gary Crutchfie Manager Workshop: ' 8/8/05
FROM: Richard J. Smit , Director
Community & Economic Development
SUBJECT: Downtown'Facade Improvement Pro ram
I. REFERENCES :
A. Resolution Establishing Facade Improvement Program
B. Map of PDDA Area and Facade Improvement Area
II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
8/8/05: DISCUSSION
II1. FISCAL IMPACT
IV. HISTORY AND FACTS BRIEF:
A. In the Summer of 2004, the City Council authorized establishment
of a facade improvement program in the downtown area. To date,
$50,000 in Federal CDBG dollars have been set aside for this
program.
B. Upon Council authorization, the PDDA began working to interest
property and business owners in participating in the program.
There was little initial interest in the program due, in part, to
difficulty in visualizing the end result.
C. Staff, thereupon, retained an architect to prepare concept plans for
some of the downtown facades. After reviewing the graphics and
cost estimates, two property owners paid cash deposits toward
their share of estimated costs and authorized the City to seek bids
for this work on their behalf.
D. The buildings under consideration are the "Mi Hacienda" (former
Top Hat) at 404 West Lewis and three buildings at 104, 108 and
110 on North 41h Avenue owned by Klaus Goettel, a California
Investor.
E. Bid packages were then prepared. Due to the complexity of the
Federal regulations several contractors were invited to a pre-bid
meeting in which the requirements were explained and questions
were answered.
F. On July 1, 2005, a single response was submitted in response to
the request for bids. The bid for the two projects totaled $109,600,
substantially in excess of staff estimates and available funds.
G. Staff thereupon met with another contractor to review the plans
and specification in an effort to clarify and/or revise the bid
specifications. On July 20, 2005 the contractor submitted a
proposal for $98,903 for the Mi Hacienda facade and for the
3(d)
H. Goettel properties. These bids were less than the initial submittals,
but still largely beyond the ability of the property owners to meet
their share of the costs.
V. DISCUSSION:
A. Staff believes that there are three principal reasons for the high
bids. More specifically:
(1) Federally mandated Davis-Bacon wages;
(2) The increased cost of EIFS (stucco) to be used for the facades;
(3) The abundance of construction work in the area, which makes
small and especially complex (Federal regulations) projects
unattractive in the absence of a premium payment.
B. Most businesses in downtown Pasco have very limited funds and few
have the financial ability to undertake facade renovations unaided. As
such, in the absence of substantial public intervention, the downtown
will not improve in appearance.
C. At present, the Council Resolution authorizing the program caps the
City financial support at 50% of total cost up to a maximum of $5,000
per applicant. The City could, thus, only contribute $5,000 to the
Mi Hacienda facade which has a total cost of $26,317. This is less
than 19% of total project cost. Paying the balance is beyond the
means of the owner and there is little in the way of an incentive for
him to participate.
D. It is suggested that the City Council consider increasing the level of
City financial participation. The Pasco financial participation formula
granting the owners 50% of the project cost up to a maximum of
$5,000 per fagade is modeled on the Downtown Kennewick Program.
Kennewick, however, recently changed their guidelines to now pay for
75% of the cost with the business/property owner paying the
remaining 25%. Kennewick also arranges loans for the owner to cover
their 25% share.
E. There are a couple of options for Council to consider. More
specifically:
(1) Keep the City-Property owner ratio at 50-50, but increase the
maximum City funds from $5,000 to $15-25,000 per fagade. In
the case of the Mi Hacienda, the funding would be as follows:
Total Cost City Share Owner Share
$26,317 $13,158 $13,158
(2) Change the participation rate to 75% City funding. The
Mi Hacienda funding would be as follows:
Total Cost City Share Owner Share
$26,317 $19,738 $6,579
F. The appearance of downtown properties has been a subject of
comment and concern in the community for a number of years. The
greater the City incentive the more likely owners are to participate and
thus address the issue.
G. Staff is seeking direction. Revised regulations can be prepared for the
August 15th regular meeting. The property owners would then be
notified of the new regulations (if any) and the projects.rebid.
` EXHIBIT A
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PROGRAM TO
IMPROVE THE FACADES OF BUILDINGS LOCATED IN THE DOWNTOWN
AREA OF PASCO. .
WHEREAS, on September 15,2003,the City Council adopted the August 5, 2003 Pasco
Downtown Revitalization Action Plan as a general guide for the revitalization of downtown
Pasco; and
WHEREAS, the Action Plan recommends that facades in the pedestrian shopping core
around 4"' Avenue and West Lewis Street be initially improved by the selective application of a
recommended color palette and improved signage to be followed by more substantial building
improvements; and
WHEREAS, a preferred color palette was compiled by the Pasco Downtown
Development Association (PDDA) with downtown business owner and property owner input,
and
WHEREAS, the City Council has previously allocated $21,000 in Federal Community
Development Block Grant(CDBG) funds to be used to fund a downtown facade improvement
program now, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. The City Council directs the City Manager to develop administrative
procedures and establish a program to provide financial and technical assistance to improve the
facades of buildings within the downtown.
Section 2. The facade improvement program shall be administered in conformance with
the following principles;
(a) Participation in the program is voluntary. No property or business owner,
shall be required to participate in the facade improvement program or abide by
its standards unless such owner elects to receive financial assistance from the
program.
(b) Proposals for facade assistance shall be evaluated by a five member advisory
committee which shall make a recommendation to the City Manager regarding
the award of facade improvement assistance funds. The Fa*e Improvement
Advisory Committee shall consist of:
1. The Executive Director of the PDDA,or designee
2. The Community Development Director or designee
3. Three at large members appointed by the Mayor,two of which shall own
property or a business in the downtown.
(c) Applications for assistance shall be evaluated upon the basis of consistency
with the Downtown Action Plan and potential impact on improving the
downtown. More specifically facade improvements shall:
1 Build a coordinated image.consistent with the approved color palette.
2. Promote additional coordination with improved signage and store
graphics.
3. Compliment adjacent building facades.
4. Use color and patterns in a sophisticated, restrained application that
places vibrant colors on small areas (building highlights) and trim
features and uses softer, more subdued or muted colors for the main
building elements.
5. Respects the architectural character of existing buildings and
understand that some facade materials such as stone, glazed tile, and
brick are better left unpainted.
(d) All applicants for facade improvement assistance shall be members in good
standing of the PDDA.
(e) Assistance under the program shall be limited to buildings fronting on the
section of 4th Avenue located between Clark and Columbia Streets and the
section of West Lewis located between 3`d and 5`0'Avenues.
(f) Financial assistance shall be matched by the applicant on a dollar per dollar
basis for eligible costs. The financial assistance shall be in the form of a
deferred payment loan to be forgiven over a five (5) year period at the rate of
20%per year.
(g) The total cost of technical and direct financial assistance shall not exceed
$5,000 per applicant.
(h) The source of financial assistance shall be CDBG and any other funds
appropriated by the City Council. Grantees shall fully comply with all
applicable regulations for the use of grant funds or be declared in default of
the deferred payment loan.
(i) Eligible use of the funds shall be limited to changes to building exterior
facades which are visible to pedestrians; specifically: facade
renovations/restorations, awnings, canopies, painting , windows, lighting,
entryways, cornices, and signage. Such work shall be consistent with the
Downtown Action Plan.
(e
PASSED by the City Council of the City of Pasco this Yd day of May, 2004.
AMich"aelL. Ga son
Mayor
ATTEST: APPROVED AS TO FORM:
W �
Sandy L. nworthy Leland B. Kerr
Deputy City Clerk City Attorney
EXHIBIT B
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AGENDA REPORT
TO: City Council August 5, 2005
FROM: Gary Crutchf� Manager Workshop Mtg.: 8/8/05
Regular Mtg.: 8115/05
SUBJECT: Port of Pasco itations in Municipal Court
I. REFERENCE(S):
1. Proposed Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
8/8: Discussion
8/15: MOTION: I move to approve the interlocal agreement with the Port of Pasco for
Municipal Court services and, further, authorize the City Manager to sign the
agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Port of Pasco, as a special purpose district, has statutory authority to operate a
police force for the enforcement of state and local laws within its property
boundaries. The Port has exercised its authority to a limited extent at the airport,
where it has issued parking citations for many years. In about 1990, the Port
obtained approval of the city to file its parking citations with Pasco Municipal Court,
by way of interlocal agreement. Under the terms of that agreement, the Port files the
parking tickets with Municipal Court, the ,Court processes them (including any
hearings required) and retains the parking fines as compensation for the cost of
processing the parking citations. The Port gains efficient enforcement of their
parking citations and more effective management of the airport parking facilities.
B) The Port has historically filed misdemeanor citations (other than parking citations)
with the county district court for prosecution and adjudication. Those citations range
from trespass to DUI and other property/traffic violations. Due to the apparent
backlog of cases in the county court system, the Port desires to file their
misdemeanor citations with the city's Municipal Court. It is anticipated that
Municipal Court can process the Port's misdemeanor citations much more quickly
than can the burdened county system.
V. DISCUSSION:
A) The proposed interlocal agreement incorporates both parking and other misdemeanor
citation authority and provides that the Port will file those violations with Pasco's
Municipal Court. The Court will be obligated to adjudicate all such citations, in
accord with judicial standards and procedures. Any fines and forfeitures associated
with the citations adjudicated will be retained by the city to offset the additional cost
absorbed by the city to process the citations.
B) Inasmuch as the proposed agreement will result in more efficient enforcement of
misdemeanor law within Port properties (particularly the airport) and the city should
.realize no significant increase in net court costs, staff recommends approval of the
agreement.
3(e)
WHEN RECORDED RETURN TO:
City of Pasco,Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT BETWEEN
CITY OF PASCO AND PORT OF PASCO
FOR THE ENFORCEMENT OF TITLE 9 AND TIT_ LE 10
OF THE PASCO MUNICIPAL CODE
THIS AGREEMENT is made and entered into this day of , 2005,
between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred
to as "City" and the Port of Pasco, Washington, hereinafter referred to as "Port."
WHEREAS, pursuant to RCW 39.34, the Interlocal Agreement Act, the City
and the Port may establish an agreement for joint or cooperative actions for the health,
safety and welfare of the citizens and property within their jurisdiction; and
WHEREAS, the Port has the authority by statute to establish and maintain a
Police Department for the enforcement of statutory regulations on Port owned or
operated property and facilities; and
I
WHEREAS, the City has enacted, by Title 9 of the Pasco Municipal Code,
regulations governing Peace, Safety and Morals (creating misdemeanor and gross
misdemeanor offenses), as well as Title 10 governing Vehicle and Traffic regulations
effective within the City limits of the City of Pasco, including the Part's property and
facilities; and
i
WHEREAS, pursuant to RCW 53.08.280, Port police officers are empowered
with full police powers to enforce all applicable municipal statutes or rules, regulations
or ordinances upon the Port owned and operated properties; and
WHEREAS, pursuant to RCW 3.50.020, the Pasco Municipal Court has
jurisdiction to adjudicate all violations of City ordinances within the City limits of the
City of Pasco, including those properties owned and operated by the Port; and
Interlocal Agreement
City/Port- 1
I
WHEREAS, the Port desires that criminal citations and traffic infractions of
City ordinances and violations be cited into the Pasco Municipal Court for prosecution
and adjudication, and
WHEREAS, the City has the discretion and capacity to adjudicate citations the
Port police officers refer for violations of the City's criminal and traffic ordinances into
the Pasco Municipal Court for prosecution and adjudication.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the City and the Port agree as follows:
SECTION I
PURPOSE
The purpose of this Agreement is to set forth, in writing, the terms and
conditions under which the City shall adjudicate within Pasco Municipal Court all
misdemeanor and gross misdemeanor citations and traffic infractions issued by the Port
for violations of Title 9 and Title 10 of the Pasco Municipal Code.
SECTION II
PORT'S GENERAL DUTIES
A. The Port will have the authority to enforce Title 9 and Title 10 of the
City's Municipal Code on all property owned, operated or leased within their authority
lying within the City limits of the City of Pasco.
B. The Port will provide all the necessary'support, personnel, transportation
and supplies reasonably necessary to maintain the law enforcement services pursuant to
Title 9 and Title 10 within the Port's authority.
SECTION III
CITY'S GENERAL DUTIES
A. The City will adjudicate all citations issued by the Port pursuant to this
agreement in the Pasco.Municipal Court.
B. The City will provide all the necessary support, personnel and supplies
reasonably necessary to process each citation until fully adjudicated.
Interlocal Agreement
City/Port-2
SECTION IV
PAYMENT
During the term of this Agreement, the local portions of all fines,judgments and
forfeitures resulting from enforcement, criminal prosecution and infractions or any
other work performed by the Pasco Municipal Court or City Prosecutor, shall be the
property of the City.
SECTION V
INDEMNIFICATION
A. The Port shall defend, indemnify and hold harmless the City and its
officers, agents and employees, or any of them, from and against any and all claims,
actions, suites liability, loss, costs, expenses and damages of any nature whatsoever,
which are caused by or result from a negligent act or omission of the Port, its officers,
agents, and employees in performing services pursuant to this Agreement.
B. In the event that any suit based upon such a claim, action, loss or damage
is brought against the City or the City and the Port arising from the negligence of the
Port, the Port shall defend the same at its sole cost and expense; and if final judgment
be rendered against the City and its officers, agents, and employees or jointly against the
City and the Port and their respective officers, agents and employees, the Port shall
satisfy the same.
-C. The City shall defend, indemnify and hold harmless the Port and its
officers, agents and employees or any of them, from and against any and all claims,
actions, suits, liability,loss, costs, expenses and damages of any nature whatsoever,
which are caused by or result from a negligent act or omission of the City, its officers,
agents, and employees in performing to this Agreement.
D. In the event that any suit based upon such a claim, action, loss,or damage
is brought against the Port or the City and the Port arising from the negligence of the
City, the City shall defend the same at its sole cost and expense; and if final judgment be
rendered against the Port and its officers, agents and employees or jointly against the
Port and the City and their respective officers, agents and employees, the.City shall
satisfy the same.
SECTION VI
INTERLOCAL COOPERATIVE ACT PROVISIONS
Each party shall be solely responsible for all costs, materials, supplies and
services necessary for their performance under the terms of this Agreement. All
property and materials secured by each party in the performance of this Agreement shall
Interlocal Agreement
City/Port-3
remain the sole property of that party. All funding incident to the fulfillment of this
Interlocal Agreement, shall be borne by each 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 Cooperation Agreement. It is
not the intention that a separate legal entity be established to conduct the cooperative
undertakings, nor is the acquisition, holding, or disposing of 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 of 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 Auditor; provided, however, that failure to file shall not affect
the validity of this Agreement.
SECTION VII
RELATIONSHIP OF PARTIES
Nothing herein shall be construed as creating any type of a partnership, joint
venture or other principalfagent relationship. The City and the Port are acting in their
independent governmental capacities. All persons employed by the Port and providing
law enforcement services in support of this Agreement shall be the sole responsibility of
the Port. All persons employed by the City providing Municipal Court services, shall
be the sole responsibility of the City.
SECTION VIII
TERM
This Agreement shall take full force and effect on the 1st day of September,
2005, and shall terminate on the 31st day of December, 2008, unless earlier terminated
as provided below. This Agreement shall be automatically renewed for subsequent
periods of one (1) year, unless written notice is given by either party of their intent to
terminate this Agreement at least ninety (90) days prior to the dateof termination of that
term or renewal term. Either party, may, without cause, terminate this Agreement by
written notice no less than ninety (90) days prior to the intended date of termination.
SECTION IX
GENERAL PROVISIONS
A. This Agreement supplements and modifies any prior agreement between
the Port and the City relating to the enforcement of the Pasco Municipal Code and, in
the event of any conflict between provisions thereof, shall be_considered as superseding
any prior inconsistent revisions contained in earlier Agreements.
Interlocal Agreement
city/Port-4
I
B. This Agreement may be amended by mutual written agreement of the
parties.
C. No waiver by any party of any term or condition of this Agreement shall
be deemed or constructed waiver of any other term or condition, not shall a waiver of
any breach be deemed to constitute a waiver of any subsequent breach whether of the
same or a different provision of this Agreement.
SECTION X
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 XI
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 in Pasco,
Washington, on the day and year first written above.
CITY OF PASCO, WASHINGTON PORT OF PASCO, WASHINGTON
Gary Crutchfield
City Manager
Interlocal Agreement
City/Port-5
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me GARY CRUTCHFIELD, City Manager of
the City of Pasco, Washington, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2005.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires:
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me of the Port of
Pasco, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of , 2005.
NOTARY PUBLIC in and for the State of Washington
Residing at:
My Commission Expires: '
Interlocal Agreement
City/Port-6