HomeMy WebLinkAboutPasco Public Facilities District Interlocal Agreement 02192013 INTERLOCAL AGREEMENT
Between
CITY OF PASCO,WASHINGTON
and
THE PASCO PUBLIC FACILITIES DISTRICT
for
ADMINISTRATIVE SERVICES
THIS AGREEMENT, is made and entered into this �� day of , 2013,
between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as
"City"; and the Pasco Public Facilities District, a Municipal Corporation, hereinafter referred to
as "District" and agrees to the following terms:
WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of
Washington for the purposes of acquiring, constructing, operating and financing one or more
regional centers through cooperative and joint ventures with one or more qualifying public
facilities district; and
WHEREAS, the District possesses, by law, all of the usual powers of a corporation for
public purposes, as well as all other powers that may now or hereafter be specifically conferred
by statute, including but not limited to the authority to hire employees, staff, and services, as well
as to enter into contracts and agreements; and
WHEREAS, the District desires to contract with the City of Pasco for the purpose of
securing those services necessary for fulfillment of the District's functions.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
SECTION I
PURPOSE
The purpose of this Interlocal Agreement is to create a cooperative basis upon which the
Board may utilize the personnel, services, and resources of the City to fulfill its statutory
function and to provide the basis of compensation to the City for such services.
SECTION II
SERVICES PROVIDED BY THE CITY
The City shall provide, at the request of the District,the following services:
(1) The City Clerk shall serve as the ex officio secretary of the Board for the purpose
of acceptance of claims, statutory notice of public meetings, repository of official records of the
District; keep and maintain minutes of District Board meetings (including tape-recorded records)
and provide for the public inspection and copying of such records in accordance with the policies
and such of the City.
(2) The City Attorney shall serve as attorney for the District.
(3) The City Manager, or his designee, shall serve as the Chief Administrative Officer
for the District.
(4) Other City officers, employees or agents providing specific or specialized services
as may be necessary to the Board for the fulfillment of its purposes.
(5) The City shall provide meeting space for the conduct of all District meetings.
SECTION III
PAYMENT FOR SERVICES
The City shall charge to the District and the District shall pay to the City the amount of
$1,000 per month to supply such services together with all ancillary costs of materials, fees,
taxes or assessment incident to the provision of such services.
City Attorney services rendered for the District shall be charged in addition to the above
monthly charge and billed separately.
SECTION IV
INTERLOCAL COOPERATIVE ACT PROVISION
The District shall be solely responsible for all costs, materials, supplies and services
necessary for its performance under the terms of this Agreement. All property and materials
secured by the District in the performance of this Agreement shall remain the sole property of
the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne
by the 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 Agreement. It is not the intention that a separate legal entity be established to conduct
the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or
personal property anticipated under the specific terms of this Agreement. The City Manager of
the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal
Cooperative Agreement.
SECTION V
TERM OF AGREEMENT
The initial term of this Agreement shall commence on the 1st day of January, 2013, and
terminate on the 31St day of December2013. This Agreement shall be automatically renewed for
a successive one (1) year term, unless either party gives a ninety (90) days advanced written
notice of its intent not to renew.
Interlocal Agreement City of Pasco/Pasco Public Facilities District for Administrative Services
Page 2
SECTION VI
ENTIRE 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 VII
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 VIII
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 by the duly
authorized officers on the day and year first written above.
CITY OF PASCO, WASHINGTON PASCO PUBLIC FACILITIES DISTRICT
- -- -
Matt-Watkins e€ ccci_ FrzcitcA Ilk Morriss e
Mayor Pi o.f-e w. Chairman of the Board
Interlocal Agreement City of Pasco/Pasco Public Facilities District for Administrative Services
Page 3
STATE OF WASHINGTON )
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County of Franklin )
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On this day personally appeared before me for 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.
Cj1YEN under my hand and official seal this I' ' day of V11 1'4, 2013.
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STATE OF WASHINGTON )
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County of Franklin )
On this day personally appeared before me Mark Morrissette, Chairman of the Pasco
Public Facilities District Board, 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\C\NWL , 2013.
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Interlocal Agreement City of Pasco/Pasco Public Facilities District for Administrative Services
Page 4