HomeMy WebLinkAbout001272 Original Contract City of Port Angeles
Record #001272
INTERLOCAL AGREEMENT
BETWEEN
CITY OF PORT ANGELES
AND
PORT ANGELES TRANSPORTATION BENEFIT DISTRICT
This Agreement between the City of Port Angeles, Washington ("City"), and the Port
Angeles Transportation Benefit District ("PATBD"), each of whom is organized as a Municipal
Corporation under the laws of the State of Washington, is hereby dated and made effective this
1_day of :�Jt►fit 2017.
WHEREAS,Chapter 39.34 RCW(Interlocal Cooperation Act)permits local governmental
units to make the most efficient use of their powers by enabling them to cooperate on the basis of
mutual advantage; and
WHEREAS,the City is empowered to operate,maintain,construct,and reconstruct,public
street infrastructure within its city limits in accordance with the powers granted pursuant to state
law, including without limitation RCW 35A.11.020 and Chapter 35A.47; and
WHEREAS, pursuant to Ordinance No. 3578, codified in Chapter 11.20 Port Angeles
Municipal Code ("Chapter 11.20 PAMC"), the City established the PATBD for any purpose
allowed by law, including to operate the District and to make transportation improvements
consistent with existing state, regional, and local transportation plans; and
WHEREAS, the City and the PATBD desire to better coordinate their efforts in order to
pursue their individual,joint, and mutual rights and obligations to maintain and preserve streets
and related transportation infrastructure within the City;
NOW,THEREFORE, the parties have entered into this Agreement in consideration of the
mutual benefits to be derived and to coordinate their efforts through the structure provided by the
Interlocal Cooperation Act.
1. Purpose and Interpretation. The City is empowered by Title 35A to construct,
reconstruct, maintain, and preserve City streets and other related public infrastructure either by
contract or through the use of City forces. The PATBD has been constituted in accordance with
state law to provide a source of funding for transportation improvements that preserve, maintain,
and improve the transportation infrastructure and related infrastructure within the city limits of the
City. The PATBD has no employees and its officers are City Council Members serving in an ex
officio capacity. In order to make the most efficient use of public monies, to avoid duplication of
effort and to coordinate their efforts,the parties have entered into this Agreement.
In the event of ambiguity or the need for guidance arises, this Agreement shall be
interpreted in accordance with the provisions of Chapter 11.20 PAMC, Chapter 36.73 RCW, and
the provisions of the Governmental Accounting Act and RCW 43.09.210 as the same exists or
shall hereafter be amended. In the event that any provision of this Agreement is held to be in
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conflict with existing state statute or any future amendment thereof, such provisions shall be
severable, and the remaining provisions of this Agreement shall remain in full force and effect.
2. Obligations of the PATBD. In accordance with the requirements of Chapter 36.73 RCW
and Chapter 11.20 PANIC, the PATBD agrees to:
A. Provide to the City all funding received from any and all lawful sources which the
PATBD, in its sole discretion, may levy for the purpose of completing the PATBD's authorized
projects.
B. Continue the annual provision of funding for transportation improvements
approved by the PATBD, so long as the PATBD remains in existence. Such funding shall be in
accordance with and limited by the provisions of Chapter 11.20 PANIC and Chapter 36.73 RCW.
C. Develop an annual work plan and designate projects within its jurisdiction for
funding.
D. Reimburse the City for all costs the City paid to the Clallam County Auditor that
are associated with placing the 0.2% sales tax ballot measure on the August 2017 ballot, if the
measure is approved.
3. Obligations of the City. The City shall:
A. Provide all staff and necessary related support to the PATBD. The costs of such
support shall be accounted for as part of the City's annual report to the PATBD. PATBD funding
shall first be applied to the reasonable charges incurred in establishing and staffing the PATBD.
Annual services provided may include the services provided by the Cite Attorney's Office, the
City Clerk when serving as the Clerk of the PATBD, the City's Chief Financial Officer when
serving as its Treasurer,and other employees of the City that serve the PATBD and any associated
costs including, but not limited to, the preparation of an annual work plan, reporting, advertising,
design, contracting, construction management, accounting,and any and all other actual charges or
agreed upon percentage of charges associated with the proper application of PATBD funding in
accordance with law and ordinance. In consideration of the benefits derived by the City, overhead
charges such as utilities, information technology, office supplies, and equipment shall be a
contribution of the City to the parties'joint goals and objectives and need not be directly charged
to the PATBD.
B. Maintain for the period established by the State Archivist retention schedule,
financial records, kept in accordance with general accepted accounting practice and governmental
accounting requirements, as necessary to document that any and all funding received through the
PATBD is used only for the projects in accordance with law and ordinance.
C. Immediately alert the PATBD of any material changes in scope, schedule, or cost
increases of 20%or greater to improvements funded in part or whole with P NTBD funds.
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D. Utilize funding provided for projects shown on the PATBD's annual work plan in
accordance with the PATBD's material change policy, law, and ordinance. In doing so, it is the
intent of the parties that this funding supplement, not replace, existing City funding sources for
street improvements.
4. Ownership. Streets and related transportation infrastructure preserved,maintained, and
improved with PATBD funds are and shall remain the property of the City. No joint property
ownership is contemplated under the terms of this Agreement.
5. No Joint Board. No provision is made for a joint board. The PATBD shall exercise its
function in accordance with Chapter 36.73 RCW and Chapter 11.20 PAMC, including any future
amendments thereto,using staff as provided by the City,pursuant to law and to this Agreement.
6. No Indemnity. No indemnification is provided by this Agreement. The parties agree to
bear their respective liability for any acts or omissions resulting under this Agreement as the same
shall be determined under the laws of the State of Washington or any mutually approved settlement
agreement.
7. Termination. This Agreement shall terminate or expire as follows:
A. This Agreement may be terminated by either party upon the provision of one
hundred and eighty (180) calendar days' notice. A final reconciliation of costs, payment, and a
current report of completed activities shall be completed by City within such period following the
notice by either party.
B. Unless sooner terminated by either party, this Agreement shall expire on the date
the PATBD is automatically dissolved in accordance with the provisions of RCW 36.73.170 and
Chapter 11.20 PAMC, as the same exist or are hereafter amended.
8. Effective Date. This Agreement shall be effective upon the last authorizing signature
affixed hereto and when listed by subject on the City of Port Angeles website or other
electronically retrievable public source as required by RCW 39.34.040.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
written above.
CITY OF PORT ANGELES PORT ANGELES TRANSPORTATION
BENEFIT DISTRICT
i
Pa ,Ick Downie, Mayor Chairperson InG
ATTEST: p APP OVED AS T RM:
J -fer Veneklasen, City Clerk William E. Bloor, City Attorney
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