HomeMy WebLinkAbout10092006 Franklin County Co-Sponsorship 2007 Grand Old 4th Celebration - 006 4 9 8
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO
FOR CO-SPONSORSHIP OF 2007 GRAND OLD 4TH
AT THE TRADE RECREATION AGRICULTURAL CENTER(TRAC)
THIS IS AN INTERLOCAL AGREEMENT (hereinafter referred to as "Agreement"), entered into
under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Franklin County,
Washington, a political subdivision of the State of Washington (hereinafter referred to as the "County")
and City of Pasco, Washington, a municipal corporation (hereinafter referred to as the "City"). THIS
AGREEMENT is made and entered into this q day of 6c-4vber- , 2006. No new or separate legal
or administrative entity is created to administer the provisions of this Agreement.
1. PURPOSE
The parties hereto agree that it is to their mutual benefit, and the benefit of the citizenry, to offer
citizens and their families an opportunity to celebrate our Nation's Independence through a multi-day and
multi-faceted event. Subsequently, this Agreement is to provide a contract for the County and City to
jointly and equally sponsor an event to be entitled the "Grand Old 4th" at TRAC scheduled for the 29th of
June through the 1st of July 2007 and the 4th of July 2007.
2. LOCATION
The Grand Old 4th shall be located at TRAC at 6600 Burden Boulevard, Pasco, Washington
99301, within Franklin County.
3. DEFINITIONS
a. "City" shall mean the City of Pasco, Washington.
b. "Costs" shall be any and all expenses and other monetary liabilities accrued in
the management of the 2007 Grand Old 4th.
C. "County" shall mean Franklin County,Washington.
d. "Expenses" shall be any and all costs and other monetary liabilities accrued in
the management of the 2007 Grand Old 4th.
e. "Management authority" shall be the right to make any and all decisions on
behalf of the parties hereto related to the organizing, the functioning, and
administration of the entire 2007 Grand Old 4th, and shall further include the
complete terms of Section 6.
f. "Parties" shall mean the County and the City.
4. DURATION OF CONTRACT
This Agreement shall commence upon execution and shall expire on the 31st day of August,
2007, unless otherwise modified or terminated by the parties.
5. GUIDING PRINCIPLES
The County and City agree to the following guiding principles:
1. Superior communication between County and City officials, staff, and citizens is essential
to the success of this Agreement.
2. In those instances where doubt or uncertainty exist, to err on the side of increased
communication and clarification.
3. Plan and implement all projects and programs with the perspective of all stakeholders in
mind.
4. Service delivery decisions will be based upon cost effectiveness.
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6. COUNTY'S RESPONSIBILITIES: 6 498
As a party to this Agreement, the County shall exercise sole management authority over the
entire 2007 Grand Old 4th on behalf of all parties included in this Agreement. Management authority
shall include the following: 1) the scheduling, contracting, and expenditure of the total 2007 Grand Old
4th budget to secure services for the event, and 2) the organizing and management of the event from its
inception to its conclusion on July 4, 2007, and 3) the collection and distribution of any and all revenues
obtained from this event with a detailed accounting, and 4) comply with all terms and conditions
incorporated herein.
7. CITY'S RESPONSIBILITIES:
As a party to this Agreement, the City shall comply with all terms and conditions incorporated
herein. The City hereby grants the County all its rights, responsibilities, and authority, including
management authority, to carryout this Agreement and the 2007 Grand Old 4th. Additionally, as an event
co-sponsored by the City, the 2007 Grand Old 4th shall be exempt from the requirements of the City's
special events permit regulations; the City hereby grants the County a special use permit and all other
permits or licenses (required under Pasco Municipal Code (PMC) Chapter 5.25) except for those
provisions pertaining to temporary sales events by non-Pasco business license holders.
8. BUDGET
The total budget for the 2007 Grand Old 4th shall be One Hundred Sixty Thousand ($160,000.00)
dollars. The County shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the 2007
Grand Old 4th. The City shall provide Eighty Thousand ($80,000.00) dollars towards the budget of the
2007 Grand Old 4th. The County shall not be obligated to provide any additional funds beyond its
$80,000.00 share towards the total budget. The City shall not be obligated to provide any additional
funds beyond its $80,000.00 share towards the total budget. The total budgeted funds shall only be
expended upon direct costs and expenses involved with the organizing and management of the 2007
Grand Old 4th, provided, however, neither party shall charge for its staff time. All funds submitted shall
be placed in the Franklin County 2007 Miscellaneous Expense Grand Old 4th Budget, Number 425-000-
001. The County and City shall both submit an initial payment of$40,000.00 to the fund by the 15th day
of January 2007. The County and City shall both submit the remaining$40,000.00 to the fund by the 1st
day of May 2007. Following the aforementioned dates, said funds are non-refundable, unless mutually
agreed and negotiated by both parties.
The total budgeted funds shall only be expended upon costs and expenses accrued involved with
the organizing and management of the 2007 Grand Old 4th. The County shall have sole authority to
expend the total budgeted funds. Accrued costs and expenses shall be equally divided among the
parties hereto to include fifty percent(50%)assessed to the County and fifty percent(50%)assessed to
the City, not to exceed the total amount of budgeted funds referenced above.
9. REVENUES
The County shall collect any and all owed revenues from the 2007 Grand Old 4th. The County
shall deposit any and all collected revenues in the Franklin County 2007 Miscellaneous Expense Grand
Old 4th Budget, Number 425-000-001. Upon collection of all revenues, the County shall promptly
distribute fifty percent (50%) of said revenues to the City and shall maintain fifty percent (50%) of the
revenues as its ownership share.
10. TERMINATION
This Agreement shall only be terminated prior to the period of its duration upon the mutual
negotiation and agreement of both parties.
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11. DISPUTE RESOLUTION
In the event of a dispute between the County and City regarding the delivery of services under
this Agreement, the County Administrator and the City Manager or their designated representatives shall
review such dispute, review options for resolution, and enter into a mutually agreeable resolution on
behalf of the parties. The mutually agreeable resolution of the County Administrator and the City
Manager regarding the dispute shall be final as between the parties.
If any controversy or claim arising out of or relating to this Agreement or the alleged breach of
such Agreement that cannot be resolved by the County Administrator and the City Manager, the dispute
may be submitted to mediation and if still not resolved, shall be submitted to binding arbitration in
accordance with the rules and procedures set forth in Chapter 7.04 RCW, and the judgment or award
rendered by the arbitrator may be entered in any court having jurisdiction thereof.
For the purposes of this section, any actions or decisions made by the County Administrator shall
be subject to ratification by the Franklin County Board of Commissioners.
12. INDEMNIFICATION
The County shall indemnify and hold harmless the City, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the County, its agents,
employees, or officers as a result of this Agreement.
The City shall indemnify and hold harmless the County, its agents, employees, and officers from
the intentional acts of negligence, if any, arising from the acts or omissions of the City, its agents,
employees, or officers, as a result of this Agreement.
13. NOTICES
Any notice or demand from either party to the other shall be in writing and shall be deemed duly
served if and when mailed by registered or certified mail, return receipt requested, to the addresses set
forth below.
If to the County: Franklin County
1016 North Fourth Avenue
Pasco,WA 99301
Attention: County Administrator
If to the City: City of Pasco
525 North Third Avenue
Pasco,WA 99301
Attention: City Manager
14. BENEFICIARIES OF CONTRACT
This Agreement is solely for the benefit of the County and the City and creates no rights or
benefits of any type in any third parties.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties hereto and shall not be
modified or amended in any manner except by an instrument in writing executed by the parties hereto.
Previous drafts of the agreement or any portion thereof and any oral negotiations shall not be utilized in
any manner by either party should any dispute arise as to the intent of the Agreement.
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16. RECORD KEEPING — 0 0 6 498
The County agrees to maintain a detailed and accurate record of the use of all budgeted funds,
including all costs and expenses actually incurred which shall be made available to the City upon request.
17. SEVERABILITY
In the event any provision of this Agreement shall be declared by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions
shall not, in any way, be affected or impaired thereby.
18. AMENDMENT
The provisions of this Agreement may be amended with the mutual consent of the parties. No
additions to, or alterations of the terms of this Agreement shall be valid unless made in writing and
formally approved and executed by the duly authorized agents of both parties.
19. FILING OF AGREEMENT
This Agreement shall be filed pursuant to the requirements of RCW 39.34.040.
20. EXECUTION IN COUNTERPARTS
The County shall execute the original of this Agreement. Each other party hereto shall sign a
counterpart of the original of this Agreement. The parties hereto intend that all the signed counterparts
taken together with the original will be considered as one original document, and given full force and
effect as if all parties had signed one document.
IN WITNESS WHEREOF, Franklin County,Washington, has executed this Agreement by it's duly
authorized officials as of this day of Oc4.6be✓' , 2006.
BOARD OF COUNTY COMMISSIONERS
FRAN OUNTY,WASHINGTON
eva Cork , Chairman
obert . Koch, C airman Pro Tern
A�
Frank H. Brock, Member
ATTEST:
C erk ', rd=
JABOWEN\Grand Old 4th 2007\City County Interlocal.doc 4
498
IN WITNESS WHER��the City f Pasco,Was In ton has executed this Agreement by its duly
authorized officials as of this (O — day of 2006.
CITY OF PASCO
FRANKLIN COUNTY,WASHINGTON
5L1-Cte---
Joy Is , Mayor
ATTEST:
ILV== �0 0 9
i y Clerk
APPROVED TO FORM:
Leland Kerr, City Attorney
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