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Home My WebLink AboutILA - Admin Services for Pasco Public Facilities District 02192013INTERLOCAL 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 Paseo 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. M3 (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 31 St 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 �j (��6.ecc� FrrcKu;� M rk Morriss to Mayor )9f&4 -,e w- Chairman of the Board Interlocal Agreement City of Pasco / Pasco Public Facilities District for Administrative Services Page 3 STATE OF WASHINGTON ) ss. County of Franklin ) frch�cc� �'42c i k �2(.ayo ✓�fa • l-GW� On this day personally appeared before me MeO 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. GIjyEN under my hand and official seal this /�ay of Y ,r , 2013. \,�11 1II��i q 15% per' NOTARY PUBNC in and for the State o Washington N07. 0 4 R _ = Residing at: sG ', PUBLIC I C .: �� My Commission Expires: 7 ��.& #`� g•.WA STATE OF WASHINGTON) ss. 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 , 2013. ZUNk00 ? ^1 �O�pFIY NOT RY PUBLIC in and or a State of Washington `�G �� Residing at: r • •P B , o� •,�'Zft ` My Commission Expires: Interlocal Agreement City of Pasco / Pasco Public Facilities District for Administrative Services Page 4