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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 1 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. 2 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 3