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HomeMy WebLinkAbout022211_cabs01 Matthew L. Tyler, Manager Parks and Recreation Division P.o. Box 2070 623 Sheridan St. Port Townsend, WA 98368 Desk: 360.385.9129 Fax: 360.385.9234 Email: mtvler@countvrec.com Memorandum To: Philip Morley From: Matt Tyler f\t'- \" Re: Exploratory Regional Parks and Recreation Committee Appointment Recommendations Date: February 15,2011 The recommended draft membership roster for the Exploratory Regional Parks and Recreation Committee for the County Administrators Briefing on Tuesday, February, 22, 2011 is attached to this memorandum. I have also included copies of the City of Port Townsend, Jefferson County Interlocal Agreement for Proposition one and the Exploratory Regional Parks and Recreation Committee for your information. mtvIer@CountvRec.com www.countyrec.com I III C o i~ o 00000 ",J9",J9J9 ~C+:i&::C:: <=8<=88Sl 8 =,8 _ c ~'~~'~'~.5!1 :l:l .g.:l:l .g.1,g gj m'- co ._._-c '"".c"".c.c ~, ,..,n...,n.n. 0, '" c o E E i= :2 1; CI - --~ i Sl,Sl Sl Sl Sl cc:ccc .g>I~ Q .~I.~ gjgjgjgjgj "C"C"C"C"C i 56666 <Il il E E o u c o :I:l '" l!! 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WA 98368 Please print neatly or type Information DOCUMENT TITLE Interlocal AOl'eement concernimz Sales Tax Ba\1ot Measure REFERENCE NUMBER (S) OF RELATED DOCUMENTS N/A Additional Reference #'s on palle GRANTOR (S) (Last, First and Middle Initial) Jefferson County Additional arantor on Daae GRANTEE (S) (Last First and Middle Initial) City of Port Townsend Additional arantee on LEGAL DESCRIPTION (Abbreviated form: I.e. lot, block, plet or section, township, range.quarter/querter) Addltionalleaalon ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBER The AudttorlRecordar will rely on the Information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. . : rc '. f~(l flM Ie C'j'lCi'{ it')' j AGREEME~ Jefferson County - City of Port Townsend (Agreement 4:on4:eming 2010 Sales Tax Ballot :Measure) THIS AGREEMENT is entered into by and between Jefferson County ("County") and the City of Port Townsend ("City"), on the: :;~'"of 5i.~~L.n :;'c.r ,2010 (last date written by signature below). RECITALS A. The Board of County Commissioners has adopted County Resolution 32-10 placing a ballot measure Proposition Ion the November 2, 2010 ballot, which asks voters whether to approve an increase in sales tax of 3/1 Olh of one percent (0.3%, equal to thirty cents tax per one hundred dollar purchase) to fund public safety, youth and senior services, community services and basic government public services. The im;rease would fund a variety of County programs and services set forth in Resolution 32-10, including, maintaining certain sheriff, prosecutor and other public safety services, youth programs, juvenile services, senior services, commt.mlty centers, public health and basic government services. B. Proposition 1 further states, "by Jaw Port Townsend would receive 40010 of the revenue. Thc City would use it for similar purposes including an agreement to dedicate a portion to support county parks and recreation for up 10 four years." C. In Resolution 32-10, the Board of County Commissioners stated: "The proposed sales and use tax will also generate approximately $425,000 per year of additional revenue to the City of Port Townsend, one-third of which funds shall be used to fund City public safuty programs, and the remaining revenue would be used for other City services; and the County intends to enter into an interlocal agreement with the City whereby a portion of the City's share would be dedicated for up to four years to Memorial Field and the Port Townsend Recreation Center to support and restore their operation and maintenance, restore youth afterschool programs, and provide capital funds for repairs and improvements." D. The Port Townsend City Council has adopted City Resolution 10-029, supporting placing a ballot measure on the November 2, 2010 ballot. The City Council stated: "Concerning the proposal in the County Resolution where the City and County would enter into an interlocal agreement with the City dedicating. up to the fIrst four years, a portion of sales tax collections it would receive if the ballot measure passes, to support County parks and recreation, and restore their operation and maintenance, restore youth after school programs, and provide capital funds for repairs and improvements, this Resolution does not endorse any specifIc terms of an interlocal agreement with the County. This Resolution directs the City Manager to negotiate the terms of an interlocal with the County on potential revenue sharing. Any negotiations are subject to City Council (and Board of County Commissioner) approval of a fInal agreement." Page 1 of9 E. The Proposition 1 ballot measure if approved is estimated to initially generate approximately $1, I 00,000 in collections, meaning the City would receive 40% or approximately $425,000. If the City agrees to allocate 50% of its share of collections to assist County Parks for an initial term. this results in approximately $212,500 of the $425,000 City annual collection going to thc County, with a net of approximately $212.500 remaining with the City. Numbers are estimates based on projections and are rounded. F. Chapter 39.34 RCW, the Interlocal Cooperation Act, grants the County and the City the authority to enter Into an Interlocal Agreement to make official use of their powers to cooperate on the basis of mutual advantage. G. The County and the City by this Agreement desire to defme the terms of an agreement whereby the City would, if Proposition 1 is approved, contribute a share of sales tax receipts to the restoration and maintenance of Memorial Field and thc Recreation Center (Community <:;enter), and to youth services, subject to and on the terms set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, and pursuant to provisions ofCh. 39.34 RCW (as applicable), the partics agree as follows: AGREEMENT 1. PARTIES TO THE AGREEMENT. This Agreement is entered into by the political subdivision ofthe State of Washington knov.n as Jefferson County ("the County") and the Washington municipal corporation known as the City of Port Townsend (''the City"). 2. PURPOSE. It is the purpose of this Agreement to define the terms between the City and the County whereby the City would, if the 3/lOth of! % sale tax !\ovember 2,2010 ballot measure ("Proposition I ") is approved, contribute for a term up to four years a share of sales tax receipts to the restoration and maintenance of Memorial Field and the Recreation Center (Community Center), and to youth services, subject to and on the terms set forth in this Agreement. 3. EFFECTIVE DATE; DURATION; TERM~ATION, a This Agreement is only effective if Proposition 1, on the November 2,2010 ballot, is approved by the voters. b. The term of this Agreement is for up to four years, as follows: If Proposition 1 passes, sales tax collections by the state would begin April 1, 2011. with disbursements to the County and the City beginning in June, 20 II. The City contribution set forth in this Agreement would commence in June, 2011, and run up to four years through May 31, 2015, except as provided in paragraph 4.e, unless the parties have mutually executed a written extension of this Agreement. Page 2 01'9 . . . 4. CITY PERFORMANCE. The City agrees as follows: Bcginning June, 2011, and continuing through May, 2015, the City will contribute one-half of funds colle(.'ted under the authority of Proposmon I, as they are received by the City, to the County for the following purposes: . Maintain and continue normal operations of Memorial Field; . Reopen programming and maintain the Port Townsend Recreation Center; and . Help fund/match grants to make capital improvements to these facilities. a. Specifically, funds for Memorial Field shall be used to restore and maintain normal facility maintenance and operations, and event services including such expenditures as: . Labor; . Services; . Equipment & supplies; and . Utilities b. Specifically, funds for the Recreation Center shall be used to restore and maintain normal facility maintcnancc and restore no-charge drop-in recreation program for children and families before (7am to 9am) and after (2pm to 7pm) school and Saturdays (8am to 5pm), for a total of 44 hours per week, including such expenditures as: . Labor; . Equipment & supplies; . Grounds and facility maintenance; and . Utilities c. The balance would be uscd for capital improvements or grant match for capital improvements. d. The City shall work with the County to identifY and prioritize capital improvements, and pursue grants. e. (I) Approval of plan. Ifa plan for a dedicated and secure fimding source (or sources) is identified and agreed to in writing between the parties pursuant to the process in paragraph 6, and the plan is implemented through legislative action of the partics and/or voter approval, then the City performance and obligation to contribute sales tax collections and this Agreement terminate upon availability of the new funding to support Memorial Field and the Recreation Center. (2) The intent for the City sales tax contribution for Memorial Field and the Recreation Center is to provide tcmporary support while long-term solutions for sustaining those facilities and programs are sought. lfa plan for a dedicatcd and secure funding source (or sources) pursuant to paragraph 6 has not been idcntified and approved, then the City performance and obligation to contribute sales tax collections terminates, and this Agreement terminates unless mutually agreed to by the parties. There is no long-term expectation that the City contribution of sales tax under Proposition 1 would continue beyond the four years. Page 3 of9 . . 5. COUNTY PERFORMANCE. 'Ibe County agrees as follows: The County will use the funds received from the City for tbe purposes specified under City Performance (paragraph 4) in this Agreement. Operations under this Agreement will begin July 1, 2011. The County shall seek Regional Parks and Recreation Committee input in preparing an annual budget for the operation, maintenance and improvement of Memorial Field and the Recreation Center, and will act in good faith in considering the Regional Parks and Recreation Committee's suggestions and resolving potential issues. By December 31 prior to each operating year, the County shall provide thc City a final budget for same. The County shall track expenditures of all City funds under this Agreement, and provide a quarterly report. County accounting of these funds shall be open to City inspection throughout tbe term of this Agreement. Any City sales tax revenues under Prop 1 received by the County over the amount budgeted for that . year v.ill be set aside for capital improvement projects related to Memorial Field or the Recreation Center. The County shall work v.ith the Regional Parks and Recreation Committee to identifY and prioritize capital improvements, and pursue grants. An initial list of potential capital improvements with preliminary cost estimates for further consideration includes, but is not limited to: Potential Caoital Proiect List Memorial Field Replace stadium roof S 100,000 Kew Quincy Street Fence S 50,000 Replace all other fencing $340,000 Kewfield lighting S120.000 Potential Caoital Proiect List for Rccreation Center Reroof the gym $ 50,000 Paint the gym exterior $ 30,000 Replace gym floor $ 60,000 Interior Rec Center upgrades $ 40,000 Replace playground fence $ 17,000 New Rec Center equipment $ 15,000 Any sales tax revenue received from the City under this agreement that replaces current County- funded expenditures for these facilities and programs shall be used for: . Maintenance of County parks and fields; . Recreation programs; . County facility maintenance; and . Capital improvements to County facilities. Page 4 of9 6. JOINT PERFORMANCE - SUSTAINABLE SERVICE DELIVERY AND FUNDING REViEW AND IMPLE)'lENTATlON OF RESULTS OF REVIEW A variety of govemments, non-profit organizations and school districts now provide recreation facilities and programs for youth and adults within the City and the County, serving citizcns from both incorporated and unincorporated areas. The City and the County recogni7.e that efficiency and service levcls may be enhanced by coordinating, consolidating or sharing facilities, programs, staff and other resources between these different entities. 1be City and County also wish to identify dedicated and secure funding sources to support and maintain parks and recreation for our citizens for the long term. To this end, the City and County agree to pursue sustainahle and coordinated service delivery and funding for recreation facilities and services in the City and all or portions of the County, as follows. a. Review for sustainable service deliverv and funding, for recreation facilities and services. The parties agree to immediately and actively collahorate on identifying and evaluating a variety of options for sustainable and coordinated service delivery and funding for recreation facilities and services in the City and all or significant portions of the County. The City and the County acknowledge their intent to develop a package serving the broadest population and geographic area feasible. This range of options to be considered may include a Metropolitan Parks District, a Park Service Area, interlocal agreements with dedicated funding sources, the status quo, asset liability reallocation, and other alternatives. Attached as Exhibit I and incorporated by reference as part of this Agreement is a schedule of benchmarks for this review, including formation of an Exploratory Regional Parks and Recreation Committee to help guide this review. 'The parties agree to exercise good faith and best efforts to comply with the schedule ofbenchrnarks set forth in Exhibit I in order to formulate a strategy that is designed to result in a sustainable funding source for recreation facilities and services in the City and all or significant portions of the County. This Agreement provides for no pre-delOrmined outcome concerning a service delivery and funding strategy. While the intent is that after review the City and the County will come to an agreement on a sustainable funding strategy, there is no obligation on the parties in this Agreement or otherwise to agree to any strategy. Whether agreement v.~1l be reached depends to the outcome of the review and further actions by the City and the County. b. Action Requiring Voter Aooroval. If the parties agree on a strategy and funding option that requires voter approval (for example, Metropolitan Parks District, or levy lid lift), then the parties agree to submit the measure to the voters at the earliest opportunity following completion of the review, or as otherwise agreed by the parties. If the measure does not receive voter approval, then the parties agree to review whether re-submi ttal of the measure should occur, and if they so agree, to re-submit the measure. PageS of9 , '. c. Option ifParties Cannot Agree on a Delivery and Funding Strategy or Voters Do Not Aporove a Strategy Reauiring Voter Aooroval. If the parties cannot agree on a strategy for a sustainable funding source for recreation facilities and services in the City and County, or if there is agreement on a strategy requiring voter approval, and the voters do not approve the strategy, the parties agree as follows: The City and the County shall cach have the option in its sole discretion to place a ballot measure befOre the voters of that jurisdiction that creates a sustainable funding plan to fund some or all recrcation facilities and services of that jurisdiction. The parties acknowledge their mutual desire to ensure that all facilities referenced herein are maintained and operated for the maximum benefit of all citizens of the region and pledge to work together in good faith to tl,ris purpose. 7. GENERAL TERMS. a. Hold Harmless. Each party to this Agreement shall defend, indemnify and hold the other party, its appointed and elected officers and employees, harmless from claims, actions, injuries, damages, losses or suits including attorney fees, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement to the extent caused by the fault or negligence of the indemnitor, its appointed or elected officials, employees, officers, agents, assigns, volunteers or representatives. b. Applicable Law and Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Jefferson County, Washington. e. Non-Discrimination. Parties shall not discriminate in any manner related to this Agreement on the basis of race, color. national origin, sex, religion, age, marital status or disability in employment or the provision of services. d. Severability. If any provision of the Agreement shall be held invalid, the remainder Of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectivcs of all parties. e. Relationship to Existing Laws and Statutes. The County and City do not abrogate the decision-mAking authority vested in them by law except as specifically provided in this Agreement. This Agreement in no way modifies or supersedes existing State laws and statutes. The parties shall at all times comply with all applicable provisions any federal, state, County or City legislation, and the roles and regulations issued there under. f. Good Faith Assistance. Each party agrees to aid and assist the other in good faith in accomplishing the objectives of this Agreement. If either party believes the other is not meeting its obligations under this Agreemcnt, that party may trigger a resolution process to evaluate and resolve the performance issue. The first step of the resolution process will be to refer the issue for resolution to the County Administrator and the City Manager for a period of 30 days. If, after 30 days the performance issue has not been resolved, either party may trigger mediation to resolve the issue. Mediation will be by a professional mediator selected by mutual agreement of both parties and paid for by both partics. Thc Page 6 of9 . , , mediation will be tor up to a period of 90 days, during which period thc 50% allocation of City revenues will be in suspension and not be available to either party. If the mediator declares an impasse, then the parties shall agree to new terms. Thc funds shall remain in suspension until the issue is resolved or a new agreement has been mutually executed. g. Assignment. This agreement may not be assigned in wholc or in part by either party without the prior written approval of the other party. h. Contract Not a Partnership. 1bis Agreemcnt is to providc serviccs, and is in no way intended to create a partnership, agency, joint venture betwccn the parties. i. Notices. All notices hereunder may be personally served, delivered or mailed. If mailed, they shall be sent by certified or registered mail to the addresses: CITY: City Manager City Hall 250 Yiadison Street, #20 I Port Townsend, WA 98368 COUNTY: County Administra10r POB 1220 Port Townsend, W A 98368 or to such other respective addresses as either party hereto may hereafter from time to timc designate in writing. Notices sent by mail shall be deemed to have been given when properly mailed, and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. j. Advice of Counsel; Construction. The parties warrant and represent to each other that they have had representation by legal counsel andlor have had thc opportunity to be represented by legal counsel during all stages in the negotiation of this Agrcement. The parties further agree that they have participated in the negotiating and drafting of this Agreement and stipulate that this Agreement shall not be construed more favorably with respect to either party. k. Recording. On cxecution of this Agrcement by both parties, the County shall record this Agreement in Jefferson County. I. Administrator. The City's representative for purposes of administering this Agreement is the City Manager. The County's representative for purposes of administering this Agreement is the County Administrator. m. Rights of Other Parties. it is understood and agreed that this Agreement is solely for the benefit of the City and the County, and conveys no right to any other party, person or entity. Page 7 of9 . , " n. Binder. This Agreement shall be binding upon the parties hereto, their successors and assigns. o. Venue and responsibility for litigation costs. The sole venue for any litigation that might arise from the parties' performance (or alleged failure to perform) pursuant to the terms and conditions of this Agreement shall be the Superior Court 10 and For Jefferson County. Should such litigation occur, then each party will be solely responsible for the costs and expenses it incurs with respect to that litigation. p. Entire Agreement; Revocation of Prior Agreements; Amendments. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter of this Agreement and use of the premises, and any other agreement, statement, promise, representation or understanding by any party hereto, or any of their respective agents, representatives, employees or principals which is not contained in this Agreement, is hereby mutually rescinded and revoked and shall not be binding or valid. Any amendments or additions or modifications to this Agreement shall be in writing executed by the parties hereto. Neither party shall be bound by any verbal or implied agreements. Executed as of the date written below: By (,~.....~I. ~ .... David G. Timmons, City Manager :7~~ .- DaVIa Sullivan, Chair Board of County Commissioners CITY OF PORT TqW~SEND Date: "~I ~ ~.~ -. t ~ Date: "__"~'\Q..ll.,<, I::', c(,1C: Attest: Attest: J '. f'. ,. I ,f .....fIo... .......--; ~ . .' V-J:;\~ ""-C~ Raina Randall, Deputy Clerk of the Board <!. . -' Pamela Kolacy, CMC, City Clerk Approved as to Form: Approved as to Form: ~ . ,.... 'It' - ..--. , 1\ ...--;' ; ''-.. \......*(.. \. ' ." John P. Watts, City Attorney " .,. -..". 0.... J ',.' J....~. . ~.... !" David Alvarez, Deputy PrOSllCutor Page 80f9 .. , . ~ EXHIBIT 1 SUSTAINABLE SERVICE DELIVERY AND FUNDI~G REVIEW Schedule of Benchmarks Benchmark Exoloratorv Regional Parks And Recreation Committee. Convene an exploratory regional parks and recreation committee, comprised of: . Chair of the Board of County Commissioners, or other designated County Commissioner (the County Administrator shall be the alternate), two members of the Jefferson County Parks Advisory Board, one outdoor sports league representative, one WSC 4-1 I Extension agent. and one indoor sports representative, appointed by the Board of County Commissioners; . Mayor of Port Townsend or other designated member of the City Council (the City Manager shall be the alternate), two members of the Port Townsend Parks Advisory Board, one sports league representative, one representative of a non-profit recreation provider, appointed by the City Council; . Superintendents of the Port Townsend, Chimacum, Quilcene and Brinnon School Districts, or their designees . A representative of the Law and Justice Council; . Health Department Director or designee . Hospital District Director or designee The regional parks and recreation committee shall be staffed j ointl y by the City and County Departments of Public Works. All meetings will be public and ma include ublic' ut sessions. Inventory. Inventory existing parks and recreation facilities and programming in the Ci and the Coun and current fundin levels. ~eeds Assessment. Develop a needs assessment for facility capital improvements and programming gaps for key populations, and approximate costs. . Fundin!! and Administration Ootions. Identify options for funding, and ; administerin parks and recreation facilities and rograms. Anal ze tions. Anal ze fundin and administration 0 tions. Develop and Recommend Joint Strate~. Develop a joint strategy for providing long-term funding and administration of parks and recreation in Jefferson Coun and Port Townsend. evicw b BOCC and Ci Council and c' . Form Public Process Public Process Ado tion of Preferred Alternative b BOCe and Cit Council . Period to Resolve Outstan' I ues and A rove Pre erred Alternative First Presentation for Voter Aporoval (If ReQuired) Second Presentation for Voter Aooroval Of ReQuired) Page 9 of9 DeJiverv Date January 1,2011 March 31, 2011 May 31, 2011 July 31, 2011 August 30, 2011 December 31. 2011 January 31, 2012 March 31, 2012 A ri130, 2012 June30, 2012 set by mutual agreement , set by mutual agreement