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HomeMy WebLinkAbout06232008 Franklin County Co-Sponsorship 2008 Grand Old 4th INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR CO-SPONSORSHIP OF 2008 GRAND OLD 4TH 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"). 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 the Grand Old 4th and related events to be held on July 3-5, 2008. Hereinafter referred to as"events". 2. LOCATION The events shall be located at TRAC at 6600 Burden Boulevard, Pasco, GESA Stadium at 6200 Burden Boulevard, and Memorial Park in Pasco, Washington, 99301, within Franklin County. 3. DEFINITIONS a. "City" shall mean the City of Pasco, Washington. b. "County" shall mean Franklin County, Washington. c. "Event' shall mean Grand Old 4th Independence Day Car Show, Pancake Breakfast, Parade and Fireworks and Entertainment for Fireworks. d. "Costs" shall be any and all expenses and other monetary liabilities accrued in the management of the events. e. "Expenses" shall be any and all costs and other monetary liabilities accrued in the management of the events. f. "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 events, and shall further include the complete terms of Section 6_ g. "Parties" shall mean the County and the City. 4. DURATION OF CONTRACT This Agreement shall commence January 1, 2008 and shall expire on the 31st day of August, 2008, unless otherwise modified or terminated by the parties. No new or separate legal or administrative entity is created to administer the provisions of this Agreement. 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. \\solo2\ACS\DBUELL\DATA\Stan's Data\4TH July Interlocal Agreement.doc 1 6. COUNTY'S RESPONSIBILITIES: As a party to this Agreement, the County shall exercise sole management authority over the entire events on behalf of all parties included in this Agreement. Management authority shall include the following: 1) the scheduling, contracting, and expenditure of the total event budgets to secure services for the event, and 2) the organizing and management of the event from their inception to their conclusions, and 3) the collection and distribution of any and all revenues obtained from the 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. Additionally, as an event co-sponsored by the City, the event 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 events shall be Thirty Five Thousand ($35,000.00) dollars. The County shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget and the City shall provide Seventeen Thousand Five Hundred ($17,500.00) dollars towards the budget of the events. The County shall not be obligated to provide any additional funds beyond its $17,500.00 share towards the total budget. The City shall not be obligated to provide any additional funds beyond its $17,500.00 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 events, provided, however, neither party shall charge for its staff time. All funds submitted shall be placed in the Franklin County 2008 Miscellaneous Grand Old 4th Budget, Number 425-000-001. The County and City shall both submit $17,500.00 to the fund by the 1st day of July 2008. 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 events. 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 events. The County shall deposit any and all collected revenues in the Franklin County 2008 Miscellaneous Grand Old 4th Budget, Number 425-000-001. The County shall distribute fifty percent (50%) of said revenues to the City and shall maintain fifty percent(50%) of the revenues as its ownership share by August 31, 2008. 10. TERMINATION This Agreement shall only be terminated prior to the period of its duration upon the mutual negotiation and agreement of both parties. 1lsolo21ACS1DBUELLIDATA\Stan's Data14TH July Interlocal Agreement-doe 2 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 and City Manager shall be subject to ratification by their Boards. 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. 1lso1o21ACS\DBUELLIDATA\Stan's Data14TH July lnterlocal Agreement.doc 3 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. 16. RECORD KEEPING 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 .}Ayw _, 2008. BOARD OF COUNTY COMMISSIONERS FRANK OUN , WASHINGTON Robert 5Aoch , Chairman Rick Mill Chairman Pro Tem ev J. Corkrum, m er ATTEST: Clerk oft oard IN WITNESS WHEREOF, the City of Pasco, Washington has executed this Agreement by its duly authorized officials as of this__L(p�day of 12008. %lsolo21ACSOBUELLOATAIStan's Datak4TH July Interlocal Agreement.doc 4 CITY OF PASCO FRANKLIN COUNTY, WASHINGTON Joyc ?s ' Mayor ATTEST: City Clerk APPRO S TO FORM: Leland Kerr, City Attorney 1lso1o2ACSXDBUELL\DATAIStan's DataWTH July Interlocal Agreement.doc 5 r. t. FRANKLIN COUNTY RESOLUTION NO. BEFORE THE BOARD OF COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY AND THE CITY OF PASCO FOR CO-SPONSORSHIP OF THE 2008 GRAND OLD 4TH AT THE TRADE RECREATION AGRICULTURAL CENTER (TRAC) WHEREAS, pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS, the Board of County Commissioners constitutes the legislative authority of Franklin County and desires to enter into the attached agreement as being in the best interest of Franklin County; NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Intedocal Agreement between Franklin County and the City of Pasco for co-sponsorship of 2008 Grand Old 4th at the Trade Recreation Agricultural Center (TRAC). APPROVED this 23' day of June 2008. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON Aeml_� Robert E. Koch, Chair Attest: Rick Miller, Chair Pro Tem Glerc to Board Ne a J. Corky ember Originals. Auditor cc: Accounting Department City of Pasco County Administrator 'D�aSCO CITY `!AI_.L (.7 i'• J:1Resol-20081Agreement-Grand Old 4th 2008.doe