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Home My WebLink AboutInterlocal Agreement Joint Planning of Regional Centers 05232006 IIIIIIVIII IIIIIIIIIIIIIIIIIIII IIIIIIIIIIVIII I11111106I 6 : I of 6 tP PASCO CITY OF AGREE 37 . 00 Franklin Co , WA WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco, WA 99301 INTERLOCAL AGREEMENT BETWEEN THE CITIES OF PASCO, KENNEWICK AND RICHLAND FOR JOINT PLANNING OF REGIONAL CENTERS BY THIS INTERLOCAL COOPERATION AGREEMENT entered into this day of PI&I , 20069 by and between the City of Pasco, City of Kennewick, and the City of Richland, herein after referred to as "Parties" each being municipal corporations. WHEREAS, each of the cities being a party to this agreement are authorized to plan for the provision of recreation, entertainment and other leisure facilities for the benefit of their respective citizens; and WHEREAS, each of the Parties has created a "Public Facilities District" (PFD), as authorized under RCW 35.57, to create and/or operate "regional centers" of substantial size and as defined in RCW 35 .57 and desire that other reasonable, available mechanisms for the creation and operation of regional centers be investigated and reported upon; ; and WHEREAS, various segments of the Tri-Cities community have, over the past two years, expressed publicly the desire for a regional aquatics center, a regional performing arts center; and other facilities of a regional nature, and WHEREAS, the Parties recognize that, collectively, they have available greater resources for the development and operation of new regional centers and can avoid duplication of costs and the competition of efforts which may otherwise detract from individual efforts to accomplish such goals; and WHEREAS, the Parties are authorized, pursuant to RCW 39.34, to enter into interlocal cooperation act agreements to make the most efficient use of their powers by Interlocal Agreement - Joint Planning of Regional Centers Page 1 �I1,11,fill111111111till111111111111�� 66$3686 AGREE 37 . 00 Fran0k li?0C, 4H : 01P enabling them to cooperate on the basis of mutual benefit to provide services and facilities to best serve the needs of the Tri-Cities region; and WHEREAS, it is recognized that an essential step in a collaborative effort to develop new regional centers is to jointly identify potential regional center projects, their approximate cost and anticipated benefits to the citizens of the Tri-Cities; and WHEREAS, the information regarding potential regional centers should be augmented to evaluate organizational options and recommend the preferred method by which the Tri-Cities could pursue collective financing, construction, operation and maintenance of such regional centers, and WHEREAS, the preparation of such a planning study will require specialized consulting assistance for the identification of such projects, the analysis of costs and benefits and the most effective methods by which the Parties may jointly realize the goal of new regional centers. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the Parties as follows: SECTION I PURPOSE The purpose of this interlocal agreement is to develop a planning process for the preparation of a "Regional Centers Plan," identifying and prioritizing the needs and interests of Tri-Cities citizens for one or more regional centers as defined by RCW 35 .57.020, the respective costs and benefits of each identified regional center, process for evaluating possible sites for proposed center(s), and recommending the most effective organizational structure and process by which to accomplish the capital funding, operations, maintenance and ownership of such new regional centers. SECTION II TERM The term of this agreement shall not exceed eight (8) months unless extended in writing by mutual agreement of all Parties to this agreement. SECTION III RESPONSIBILITIES OF THE PARTIES Each party shall: A) Select and appoint two (2) City Councilmembers to serve on the Oversight Committee, provided for in Section IV. B) Provide such information and data it may have to assist in the formulation of the Regional Center Plan. Interlocal Agreement - Joint Planning of Regional Centers Page 2 IIIIIII VIII IIIIII IIIIII IIII IIII AGREE 37 .II I 10 II 668368 6etP Franklin Co , WA C) Pay one-third of the actual cost for consulting services secured for the preparation of the Regional Centers Plan, provided the share of each party shall not exceed fifteen thousand dollars ($15,000). SECTION IV OVERSIGHT COMMITTEE+ The oversight committee shall be composed of two Councilmembers from each of the Parties: the committee shall be augmented by the City Manager of each of the Parties as non-voting members. The Oversight Committee shall: A) Meet as often as it deems necessary and appropriate to effect its responsibilities under this agreement. B) Determine the scope of consultant services required and select the preferred consultant. C) Provide such information and direction to the consultant as is deemed appropriate by the Oversight Committee for the preparation of the Regional Centers Plan, as envisioned by this agreement. D) Present to the City Council of each of the Parties, bi-monthly progess reports on the consultant's findings and alternatives under consideration, a draft Regional Centers Plan and a final committee recommendation for consideration by each Council. SECTION V CONTRACTING AGENCY To assure a single point of contact and fulfillment of associated legal responsibilities, the City of hereby agrees to act as the Contracting Agency and to contract with the selected consultant on behalf of the Parties. Contracting Agency responsibility shall include the preparation and execution of the consultant services contract and the appropriate payment of invoices for services rendered in connection with the contract. The Contracting Agency shall also be responsible to bill the other Parties for reimbursement as provided in this agreement. SECTION VI AUDIT OF FINANCIAL RECORDS The Contracting Agency shall maintain books, records, documents and all other materials to sufficiently and properly reflect all expenditures made pursuant to this agreement. The Parties have full access and right to examine and copy all records of the Contracting Agency for the respective matters covered by this agreement during any tern or renewal of this agreement and for three (3) years after termination. Interlocal Agreement - Joint Planning of Regional Centers Page 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 668368 6otP AGREE 37 . 00 Franklin Co , 4R SECTION VII 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 remain the sole property of that party. Each party shall have full access and use of all data, information, reports and studies utilized in the preparation of the Regional Centers Plan which shall, upon adoption, become a public record. 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 Managers of each of the Parties shall be designated as the co-administrators of this Interlocal Cooperative Agreement. A copy of this Agreement shall be filed with the Benton and Franklin County Auditors; provided, however, that failure to file shall not effect the validity of this Agreement. SECTION VIII ENITIRE 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 regards 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. SECTION IX 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 judgement. SECTION X AUTHORITY FOR EXECUTION Interlocal Agreement - Joint Planning of Regional Centers Page 4 IIIIIII CITY IIIIIIIIIIIIIIIIIIIIIII AGREE IIIIIIIIIIIIII 868 5 3684 nkiin Co , 60tP WA Each of the Parties warrants and represents that its representative, 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 on this day and year first written above. CITY OF PASCO icce son, Mayor CITY OF KENNEWICK James R.R. Beaver, Mayor CITY OF RICHLAND 2 j I t1d) Robert A. Welch, Mayor STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me Joyce Olson, 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 acknowledged that he signed the same as he free and voluntary act and deed for the uses and purposes therein mentioned. VEN under my hand and official seal this Vs- day of May . 2006. KElyh, n w SI0 N ryA09 NOTARY PUBL in and for the State of Washington NOTARY 9y S Residing at: RSe 0 • _ -G My Commission Expires: 5<j f 67 N t'U [3LIC TS, � OF WASH Interlocal Agreement - Joint Planning of Regional Centers Page 5 IIIIIi IIII III AGREE IIIIII IIII IIII III 1683684 III IIIII IIII IIII 06//01 /2006 03 : 031) STATE OF WASHINGTON ) 37 . 00 Franklin Coo wa ss. County of Benton ) On this day personally appeared before me JAMES R. BEAVER, Mayor of the City of Kennewick, 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 he free, i PK1 act and deed for the uses and purposes therein mentioned. a u nd and official seal this day of ' 2006. ro NOrft, &Z ✓ / e� i N NOTARY PUBLIC in and for the State of W6 hington '49� `• 1 Residin at: �, F •.:r.9-08 gyp= g i, Ca "'N6 My Commission Expires: 11 �'J Duo STATE OF WASHINGTON ) : SS. County of Benton ) On this day personally appeared before me ROBERT A. WELCH, Mayor of the City of Richland, 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 he free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this a 3 day^of MAT—. 2006. V. ,, NOTARY PUBLIC in and for the State of Washington Residing at: COKA My Commission Expires: )1 .116 PSI 4wPUBLIC ; o � '� WO Interlocal Agreement - Joint Planning of Regional Centers Page 6