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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) y Graluf Ofd4th' 0���j r � � r f t l 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 �O 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 �i'j �d0 00 f m (� 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. Do You Yahoo!? Tired of seam? Yahoo! Mail has the best spam protection around http://mail-yahoo.com 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 all f---- W Pte' rN Q Z i -PLO, PA U mik r r co �� �� Eg N 3AV HLL 7 Ul 's 8� 9 P Q r JAY Hi9 6 t•+ � N z N p x 3AV H1ZL a 12 _ 3AV H1ZE Ux i N P _a y a z :• ]AV H tr L 0 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