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HomeMy WebLinkAbout062011_ra07 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Philip Morley, Connty Admini~trato DATE: Jnne 20, 2011 RE: Proposed Amendment Number One to the Agreement With the City of Port Townsend Concerning 2010 Sales Tax Ballot Measure: Memorial Field and the Recreation Center: Possible Adoption STATEMENT OF ISSUE: The County has negotiated with the City of Port Townsend the proposed Amendment Number One to the Interlocal Agreement (!LA) concerning funding for Memorial Field and the Port Townsend Recreation Center from the special purpose sales tax approved by the voters last November. Staff recommends the Board of County Commissioners (DoCC) review and approve the proposed amendment to the ILA. City Council action is also pending. ANALYSIS: On September 13, 2010, the County and City executed an Interlocal Agreement by which the City agreed to contribute one-half of its revenue from passage of Jefferson County Proposition No.1 for up to four years to restore and maintain normal operations of Memorial Field, restore programming and maintain the Port Townsend Recreation Center, and make capital improvements to both facilities. The ILA recognized this as temporary funding to allow formation of an Exploratory Regional Parks and Recreation Committee to evaluate and recommend new options for sustainable and coordinated service delivery and funding for recreation facilities and services (including Memorial Field and the Rec Center) both in the City and throughout unincorporated Jefferson County. The original ILA includes a schedule of benchmarks for the Exploratory Regional Committee's work, starting with convening the Committee by January 1,2011. The Board of County Commissioners were the first to appoint Committee members, doing so on February 28,2011; and the City Council made its appointments on March 7. Scheduling conflicts delayed the Committee's first meeting until May 23. It holds its second meeting the afternoon of June 20. The proposed Amendment Number One to the ILA amends the schedule of benchmarks by !ldlHng six months for each task to reflect the reality of this later start, and provides the Exploratory Regional Parks and Recreation Committee the time to do its job successfully. Also, if sales tax receipts grow and annual City payments to the County under the ILA would exceed 1 $212,500, the City has requested that the Amendment cut in half any increase in payment to the County for Memorial Field and the Rec Center, and to also restrict those reduced additional revenues for capital improvements only. Finally, also at the request of the City, when the !LA ends, any funds previously paid to the County that are not encumbered by contract or expended would be returned to the City. In interest of maintaining good will with our partner, I recommend accepting the City's requests. FISCAL IMPACf: Potential revenue above $212,500 per year would be reduced by half. Any unencumbered or unexpended funds at termination of the Agreement would be returned to the City. Staffhad previously built a four-year budget that assumed no growth in sales tax receipts, so the budget for basic operations of Memorial Field and the Rec Center is unaffected by this Amendment However, potential additional revenue from any sales tax growth is reduced by this Amendment, reducing the potential for making additional capital improvements to Memorial Field and the Rec Center. RECOMMENDATION: Staff recommends that the Board review the proposed Amendment and pass a motion authorizing the Chair to sign it c/~ Date 2 AMENDMENT NUMBER ONE To The AGREEMENT Between Jefferson County and the City of Port Townsend (Agreement concerning 2010 Sales Tax Ballot Measure) This AMENDMENT ONE is entered into by and between Jefferson County ("County") and the City of Port Townsend ("City"), on the _ of ,2011 (last date written by signature below). RECITAL Jefferson County and the City of Port Townsend desire to amend the original Interlocal Agreement regarding the 2010 Sales Tax Ballot Measure executed by both parties on September 13, 2010. All provisions in the original Inter10cal Agreement remain in effect except as expressly modified by this amendment. 1. Section 4. City Performance of the September 13, 2010 Interlocal Agreement is amended to read as follows: 4. CITY PERFORMANCE. The City agrees as follows: Beginning June, 2011, and continuing through May, 2015, from the first $425,000 offunds collected each calendar year under the authority of Proposition 1 as they are received by the City, the City will contribute one-half to the County; from any amount above $425,000 each calendar year the City will contribute one quarter to the County. All funds contributed 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 and provide professional services for the Exploratory Regional Parks and Recreation Committee. 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 maintenance and restore no-charge drop-in recreation program for children and families before (7am to 9am) and after (2pm to 7pm) school and Saturdays (Sam to 5pm), for a total of 44 hours per week, including such expenditures as: . Labor; Page 1 of5 . Equipment & supplies; . Grounds and facility maintenance; and . Utilities c. Any City funds received by the County above $212,500 for that year would be used 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. (1) Approval of plan. Ifaplan for a dedicated and secure funding 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 parties 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 temporary support while long-term solutions for sustaining those facilities and programs are sought If a plan for a dedicated and secure funding source (or sources) pursuant to paragraph 6 has not been identified and approved, then the City performance and obligation to contribute sales tax collections terminates, and this Agreement terminates unless mutuaily 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. 2. Section 5. County Performance of the September 13,2010 Interloca1 Agreement is amended to read as follows: 5. COUNTY PERFORMANCE. The County agrees as follows: The County will use the funds received from the City for the purpose~ specified under City Performance (paragraph 4) in this Agreement Operations under this Agreement will begin July 1,2011. Beginning with the 2012 budget year, the County shall seek Regional Parks and Recreation Committee input in preparing an annnal 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 the 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 the term of this Agreement. Page 2 of5 Any City sales tax revenues lUlder Prop 1 received by the COlUlty over $212,500 for that year will be set aside for capital improvement projects related to Memorial Field or the Recreation Center. The ColUlty shall work with the Regional Parks and Recreation Committee to identify and prioritize capital improvements, and pursue grants. An initial list of potential capital improvements with preliminmy cost estimates for further consideration includes, but is not limited to: Potential Canital Proiect List Memorial Field Replace stadium roof $100,000 New Quincy Street Fence $ 50,000 Replace all other fencing $340,000 New field lighting $120,000 Potential Canital Proiect List for Recreation Center Reroof the gym $ 50,000 Paint the gym exterior $ 30,000 Replace gym floor $ 60,000 Interior Roo Center upgrades' $ 40,000 Replace playgrolUld fence $ 17,000 New Roo Center equipment $ 15,000 Any sales tax revenue received from the City under this agreement that replaces current COlUlty-funded expenditures for these facilities and programs shall be used for: . Maintenance of COlUlty parks and fields; . Recreation programs; . ColUlty facility maintenance; and . Capital improvements to ColDlty facilities. All sales tax revenue received from the City not encumbered by contract or expended within 60 days of the termination of this agreement will be returned by the COlUlty to the City. Payment will be within 30 days of this acco1U1ting. 3. Exhibit 1 Sustainable Service Delivery and FlUlding Review Schedule of Benchmarks is amended to read as follows: Page 3 of5 EXHIBIT! SUSTAINABLE SERVICE DELIVERY AND FUNDING REVIEW Schedule of Benchmarks Benchmark Target Date Date Accomulished Exuloratorv Rev;ional Parks And Recreation Committee. Convene an July 1,2011 March 7, 2011 exploratm)' regional parks and recreation committee, comprised of: (ERPRC appointed) . Chair of the Board of County Commissioners, or other May 23, 2011 designated County Commissioner (the County Administrator (I" meeting ERPRC) shall be the alternate), two members of the Jefferson County Parks AdvisOIy Board, one outdoor sports leagne representative, one WSU 4-H 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 leagne 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; . Heath Department Director or designee . Hospital District Director or designee The regional parks and recreation committee shall be staffed jointly by the City and County Departments of Public Works. All meetings will be public and mav include public inPut sessions. Inventorv. Inventory existing parks and recreation facilities and September 30, 2011 oro . in the City and the Countv and current funding levels. Needs Assessment Develop a needs assessment for facility capital November 30. 2011 improvements and programming gaps for key populatiOI1S, and apuroximate costs. Funding and Administration OPtions. IdentifY options for funding, and Janumy31, 2012 admini..rering parks and recreation facilities and s. Analvze OPtions. Analyze funding and administration options. Febnuuy 29. 2012 Develop and Recommend Joint Stratee,y. Develop a joint strategy for June 30, 2012 providing long-term funding and administration of parks and recreation in Jefferson County and Port Townsend. Review bv BOCC and City Council and Be,"nnin~ Formal Public July 31, 2012 Process Public Process Sept. 30,2012 Adontion of Preferred Alternative hv BOCC and City Council October 31, 2012 Period to Resolve Ontstanding Issues and Awrove Preferred Dec. 31,2012 Alternative First Presentation for Voter Approval iliReauired) set by mutual llI!lllOIIlent Second Presentation for Voter Approval iliReauired) set by mutual Page 4 of5 Executed as of the date written below: CITY OF PORT TOWNSEND By David G. Timmons, City Manager Date: Attest: Pamela Kolacy, CMC, City Clerk Approved as to Form: JohnP. Watts, City Attorney JEFFERSON COUNTY By John Austin, Chair Board of County Commissioners Date: Attest: Lorna Delaney, Clerk of the Board :8~" u to F.~, 10 J ((,) '2P /I DoW~~__' Page 5 of5 '\ ('~J ~e.S AMENDMENT NUMBER ONE To The AGREEMENT Between Jefferson County and the City of Port Townsend (Agreement concerning 2010 Sales Tax Ballot Measure) This AMENDMENT ONE is entered into by and between Jefferson County ("County") and the City of Port Townsend (''City''), on the _ of ,2011 (last date written by signature below). RECITAL Jefferson County and the City of Port Townsend desire to amend the original Interlocal Agreement regarding the 2010 Sales Tax Ballot Measure executed by both parties on September 13, 2010. All provisions in the original Interlocal Agreement remain in effect except as expressly modified by this amendment. 1. Section 4. City Performance of the September 13, 2010 Interloca1 Agreement is amended to read as follows: 4. CITY PERFORMANCE. The City agrees as follows: Beginning June, 2011, and continuing through May, 2015, the City will eoo.mbute eRe half sf from the first $425.000 of funds collected each calendar vear under the authority of Proposition 1, as they are received by the City. the City will contribute one-half. to the County: from anv amount above $425.000 each calendar vear the City will contribute one quarter to the Countv. All funds contributed 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 and provide professional services for the Exploratory Regional Parks and Recreation Committee. 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 maintenance 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; Page I of5 . Equipment & supplies; . Grounds and facility maintenance; and . Utilities c. The ealall.eeAnv City funds received bv the County above $212.500 for that vear would be used 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. (1) Approval of plan. Ifa plan for a dedicated and secure funding 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 parties 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 temporary support while long-term solutions for sustaining those facilities and programs are sought. If a plan for a dedicated and secure funding source (or sources) pursuant to paragraph 6 has not been identified 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. 2. Section 5. County Performance of the September 13, 2010 Interlocal Agreement is amended to read as follows: 5. COUNTY PERFORMANCE. The County agrees as follows: The County will nse the funds received from the City for the purposes specified under City Performance (paragraph 4) in this Agreement. Operations under this Agreement will begin July 1,2011. BePinning with the 2012 budget vear. the:ffte 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 the City a final budget for same. The County shall track expenditures of aU City funds under this Agreement, and provide a quarterly report. County accounting of these funds shall be open to City inspection throughout the term of this Agreement. Page 2 of5 Any City sales tax revenues under Prop 1 received by the County over the amelmt \v'''IPtlle$212.500 for that year will be set aside for capital improvement projects related to Memorial Field or the Recreation Center, The County shall work with 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 Capital Proiect List Memorial Field Replace stadium roof $100,000 New Quincy Street Fence $ 50,000 Replace all other fencing $340,000 New field lighting $120,000 Potential Capital Proiect List for Recreation 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, All sales tax revenue received from the City not encumbered bv contract or expended within 60 dayS of the termination of this agreement will be returned bv the County to the City, Payment will be within 30 davs of this accounting, 3, Exhibit 1 Sustainable Service Delivery and Funding Review Schedule of Benchmarks is amended to read as follows: Page 3 of5 EXIllBIT 1 SUSTAINABLE SERVICE DELIVERY AND FUNDING REVIEW Schedule of Benchmarks Benchmark Tan!et!2'~!-:!l."9-~~/ Dale Date Accom"lishc,~ Ext>loratorv Recional Parks And Recreation Committee. Convene an .!!!!Y.lJ"""...3' 1.2011 March 7 2011 exploratory regional parks and recreation committee, comprised of: ffiRPRC aDnointed) . Chair of the Board of County Commissioners, or other Mav 23, 2011 designated County Commissioner (the County Administrator n ~ meeting ERPRCl shall be the alternate), two members of the Jefferson County Parks Advisory Board, one outdoor sports league representative, one WSU 4-H 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; . Heath Department Director or designee . Hospila1 District Director or designee The regional parks and recreation committee shall be staffed jointly by the City and County Departments of Public Works. All meetings will be public and may include public input sessions. I Inventorv. Inventory existing parks and recreation facilities and Seotember 3~ pro . in the City and the County and curreul fundinll levels. ;H,2011 I Needs Assessment. Develop a needs assessment for facility capila1 November 3!!May-;H" improvements and progranuning gaps for key populations, and 2011 aDoroximate costs. I Fundim! and Administration Options. Identify options for funding, and Januarv 31 20lYull' administerinll Darks and recreation facilities and ~ Analyze Options. Analyze funding and administration options. February 29 2012 Develop and Recommend Joint Strategy, Develop ajoint strategy for June 30. providing long-term funding and administration of parks and recreation 2012De,ember 31, in Jefferson County and Port Townsend. 2QH I Review by BOCC and Citv Council and Beciunint! Formal Public Julv31 201~ Process ~ Public Process Sent. 30. 2012_ ~ Adootion of Preferred Alternative by BOCC and City Council October31:^ ^^'^ 2012 . . Period to Resolve Outstanding Issues and Approve Preferred Dec.31 2012Jaoe Alternative ~ First Presentation for Vater Approval (If Required) set by mutual """"""en! Second Presentation for Voter Aonroval (If Reauired) set by mutual """"'"'en! Page 4 ofS Executed as of the date written below: CITY OF PORT TOWNSEND By David G. Timmons, City Manager Date: Attest: Pamela Kolacy, CMC, City Clerk Approved as to Form: John P. Watts, City Attorney JEFFERSON COUNTY By John Austin, Chair Board of County Commissioners Date: Attest: Lorna Delaney, Clerk of the Board Approved as to Form: David Alvarez, Deputy Prosecutor Page 5 of5 ~~~~Q~~~ eCis.i.~ AGR iIir.-~~ WA _lio.'. om"" - ="Ewr=!~l"" .l'IIlftl'Mft.1IlIPtMM,'UJtl.I"",l'If.H!uj 1IH1 RETURN ADDRESS Jefferson County Board of Commissioners P.O. Box 1220/1820 Jefferson Street Port Townsend. WA 98368 Please print neatly or type information TaxB DOCUMENT TITLE Inter! REFERENCE NUMBER(S) OF RELATED N/A GRANTOR (S) (Last, First and Middle Initial) Jefferson County Additional Grantor an DaGe GRANTEE (S) (Last, First and C' Port To Additional arantee on LEGAL DES AbbnMated form: I.e. lol. block, plat or seelIon. township, range,quarterlquerter) ~ Addltlanallecllll an ~ PROPERTY TAX PARCEUACCOUNT NUMBER A The AuCfrtariRecarder will rely on the Information provided on this form. The staff win not read the document to vertfy the accuracy or completeness of the indexing information provided herein. 664211 Page 2 of10 09/141201002:32 PM , AGREEMENT Jeft'erson County - City of Port Townsend (Agreement eoneerning 2010 Sales Tax Ballot Measure) TInS AGREEMENT is entered in!<l.by and between Jefferson County ("County") and the City of Port Townsend ("City"), on the ~'bf ~ 2010 (last date written by signatuIe below). RECITALS A. The Board of County Commill$;oners has adopted County Resolution measure Proposition Ion the November 2,2010 ballot, which asks 0 approve an increase in sales tax of 3/1 0111 of one percent (0.30/0, to one hundred dollar purchase) to fund public safety, youth and 'or services and basic government public services. The increas County programs and services set forth in Resolution 32-1 .' c sheriff, prosecutor and other public safety services, senior services. community centers, public heal a ballot tax per . community variety of . .. g certain juvenile services, ent services. B. Proposition 1 further states, ''by law Port To woul 've 4O"h of the revenue, The City would use it for similar purposes including to dedicate a portion to :suppOrt county parks and recreation for ~~ y~ . C. In Resolution 32-10, the Board ofCo~~oners stated: "The proposed sales and use tax ' approximately $425,000 per year of additional revenue to the ~ one-third ofwhich fimds sball be used to fund City public safety pro e TeIJ'1aining revenue would be used for other City services; and the Co ~ enter into an interlocal agreement with the City whereby a portion of s would be dedicated for up to four years to Memorial Field ~e 0 To Recreation Center to support and restore their operation and ,youth afterschool programs, and provide capital funds for . ro ents." i CO 'I has adopted City Resolution 10-029, supporting placing a ov ber 2, 2010 ballot The City Council stated: e sal in the Connty Resolution where the City and County would local agreement with the City dedicating, up to the first four years. a collections it would receive if the ballot measure passes, to support ks and recreation, and restore their operation and maintenance, restore youth programs, and provide capital funds for repairs and improvements, this o 'on does not endorse any specific terms of an interlocal agreement with the un . This Resolution directs the City Manager to negotiate the terms of an interlocal . the County on potential revenue sharing. Any negotiations are subject to City unci! (and Board of County Commissioner) approval of a final agreement." Page 1 of9 654211 Page 3 of 1 0 09/14/201002:32 PM E. The Proposition 1 ballot measure if approved is estimated to initially generate appro:ximAtp.ly $1,100,000 in collections. meaning the City would receive 40"10 or approximately $425,000. If the City agrees to allocate 50".10 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 the County, with a net of approximately $212,500 temaining with the City. Numbers are estimates based on projections and are rounded. F. Chapter 39.34 RCW, the 1nterlocal Cooperation Act, grants the County authority to enter into an 1nterlocal Agreement to make official use of cooperate on the basis of mutual advantage. G. The County and the City by this Agreement desire to define the whereby the City would, if Proposition 1 is approved, contri to the restoration and maintenance of Memorial Field and th (Community Center), and to youth services, subject to and ~ Agreement V COVENANTS W (as applicable), the parties NOW, TBKKEFORE, IN CONSIDERATION OF CONTAINED HEREIN, and pursuant to provisions 0 agree as follows: AG 1. PARTIES TO TBE AGREEMENT. subdivision of the State ofW . n Washington municipal corporatio is entered into by the political mon County ("the Countyj and the Ity of Port Townsend ("the City"). 2. PURPOSE. It is the purpose o~ to define the terms between the City and the County whereby the City waul . the 0 of 1 % sale tax November 2, 2010 ballot measure ("Proposition I '') is v . or a term up to four years a share of sales tax receipts to the restoration and e emorial Field and the Recreation Center (Community Center). and to yo . !lS. to and on the terms set forth in this Agreement N; TERMINATION. a. This A ~ ffective if Proposition 1, on the November 2, 2010 ballot, is approved ye b. The greement is for up to four years, as follows: If Proposition 1 passes, sales the state would begin April 1, 2011, with disbursements to the County ginning in June, 2011. The City contribution set forth in this Agreement ence in June, 2011, and run up to four years through May 31, 2015, except as in paragraph 4.e, unless the parties have mutually exeeuted a written extension of ent. 3. Page 20f9 664211 Page 4 of10 091141201002:32 PM 4. CITY PERFORMANCE. The City agrees as follows: Beginning June, 2011, and continuing through May, 2015, the City will contribute one-half of funds collected under the authority of Proposition 1, 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 m..;ntA;n the Port Townsend Recreation Center; . Help fund/match grants to make capital improvements to these facilities. a. Specifically, funds for Memorial Field shall be used to restore and maintenance and operations. and event services including such . Labor; . Services; . Equipment & supplies; and . Utilities facility b. Specifically, funds for the Recreation Center facility maintenance and restore no-charge dro families before (7am to 9am) and after (2pm to for a total of 44 hours per week, includin~h . Labor; . . Equipment & supplies; . Grounds and facility maintenanee; · Utilities 0 () c. The balance would be used for ents or grant match for capital improvements. @ d. The City shall work ~ th identify and prioritize capital improvements, and pursue grants. ~ ~ e. (1) Approval ~~or a dedicated and secure funding source (or SOUICes) is identified and to . .. g between the parties pursuant to the process in paragraph 6, and the plan through legislative action of the parties and/or voter approval, th onnance and obligation to contribute sales tax collections and this upon availability of the new funding to support Memorial Field and the program for children and I d Saturdays (Sam to 5pm), as: or the City sales tax contribution for Memorial Field and the Recreation vide temporary support while long-term solutions for susta;n;ng those . 'ti programs are sought. If a plan for a dedicated and secure funding source (or ) pi1rsuant to paragraph 6 has not been identified and approved, then the City ce and obligation to contribute sales tax collections term;nAtes, and this en! terminates unless mutually agreed to by the parties. There is no long-term e . on that the City contribution of sales tax under Proposition 1 would continue beyond the four years. Page 3 of9 654211 Page6of10 091141201002:32 PM S. COUNTY PERFORMANCE. The County agrees as follows: The County will use the funds received from the City for the purposes specified under City Performance (paragraph 4) in this Agreement Operations under this Agreement will begin July I, 2011. The County sha1I seek Regional Parks and Recreation Committee input in preparin, an annual budget forthe operation, ma;ntenance and improvement of Memorial Field and th 'on Center, and will act in good faith in considering the Regional Parks and . on 0 'ttee's suggestions and resolving potential issues. By December 31 prior to each the County shaI1 provide the City a final budget for same. The County shaI1 of all City funds under this Agreement, and provide a quarterly report Co 0 e funds shaI1 be open to City inspection throughout the term of this Agreement. Any City sales tax revenues under Prop 1 received by the County@j:v~ udgeted for that year will be set aside for capital improvement projects re to ~ ield or the Recreation Center. The County sha1I work with the Regional Parks and capital improvements, and pursue grants. An initial1ist preHm;nary cost estimates for further consi . includeS, 'ttee to identify and prioritize capital improvements with 18 not limited to: oten . Ca ital Replace stadium roof New Quincy Street Fence Replace all other fencing New field lighting , . 'ty maintenance; and ovements to County facilities. Page4of9 664211 Page 6 of 1 0 091141201002:32 PM 6. JOINT PERFORMANCE - SUSTAINABLE SERVICE DELIVERY AND FUNDING REVIEW AND IMPLEMENTATION OF RESULTS OF REVIEW A variety of governments, non-profit organizations and school districts now provide recreation facilities and programs for youth and adults within the City and the County, serving citizens from both incorporated and unincorporated areas. The City and the County recognize that efficiency and service levels may be enhanced by coordi....nllg, consolidating or sharing facilities, grams, staff and other resources between these different entities. The City and County also' identify dedicated and secure funding sources to support and malntmn parks and . n r citizens for the long term. To this end, the City and County agree to pursue sustainab service delivery and jUnding for recreation facilities and services in the C" the County, as follows. a a. . ew for Ie service d' and fundin r ili s d services, The parties agree to immediately and actively collaborate evaluating a variety of options for 81.<l1Rinahle and coordinated . ce funding for recreation facilities and services in the City and t'ons of the County. The City and the County acknowledge their . a package serving the broadest population and geographic area feasible. This '0 to be considered may include a Metropolitan Parks Distri<:t. a Park . terlocal agreements with dedicated funding sources, the status SHah' ocation, and other alternatives. Attached as Exhibit 1 and incorporated re ce as part of this Agreement is a schedule of~hmarks for this review, inct . fi of an Exploratory Regional Parks and Recreation Committee to help guide '. parties agree to exercise good faith and best efforts to comply with~e chmarks set forth in Exhibit 1 in order to formulate a strategy that is des' . a sustainable funding source for recreation facilities and services in the City 'gnificant portions of the County. This Agreement provi es fo 0 . outcome concerning a service delivery and funding strategy. e after review the City and the County will come to an agreement on . g strategy, there is no obligation on the parties in this Agreement or 0 to any strategy. Whether agreement will be reached depends to th eview and further actions by the City and the County. b. cUon Re .. val. If the parties agree on a strategy and funding option that requires vo y example, Metropolitan Parks District, or levy lid lift), then the parties 't the measure to the voters at the earliest opportunity following completion . ew, or as otherwise agreed by the parties. If the measure does not ~ then the parties agree to review whether re-submittal of the measure sh 0 Z,- d if they so agree, to re-subrnit the measure. Page 5 of9 564211 Page7of10 09/141201002:32 PM c. Ootion ifParties Omnot AlZree on a Deliverv and Fundinll: Stratellv or Voters Do Not Annrove a StratellV Reouirinll: Voter Annroval. 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 sha11 each 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 recreation facilities and services of that jurisdiction. The parties acknowledge their mutual desire to ensure that all faclliti are mait$ine<! and operated for the maximum benefit of all ci . pledge to work together in good faith to this pmpose. 7. GENERAL TERMS. &. Hold Harmless. Each party to this Agreement sha1l defi hold the other party, its appointed and elected officers and emJllo from claims, actions, iIguries, damages, losses or suits including or alleged to have arisen directly or indirectly out of or in consequence f e p ce of this Agreement to the extent caused by the fault or negligence of the . 'tor i appointed or elected officials, employees, officers, agents, assigns, volunteers . es. b. AppHcab1e Law and Venue. This 5sha1l be construed and interpreted in accordance with the laws of the State of . n. In the event of a dispute, such dispute sha1l be litigated in the Superior Co~ unty, Washington. c. Non-Diserlmination. Parties . in any manner related to this Agreement on the basis of race, color, natio . . religion, age, marital status or disability in employment or the provision d. Severability. If any Agreement sha1l n pw:poses and obj f e eement sha11 be held invalid, the remamrtll).' of this by if such remainder would then continue to serve the 'es. e. Relationship s and Statutes. The County and City do not abrogate the decision-makin 'ty in them by law except as specifically provided in this Agreement ent in no way modifies or supersedes existing State laws and statutes. ~) at all times comply with all applicable provisions any federal, state, CO W~ legislation, and the rules and regulations issued there under. sistance. Each party agrees to aid and assist the other in good faith in objectives of this Agreement If either party believes the other is not obligations under this Agreement, that party may trigger a resolution process to te d resolve the performance issue. The first step of the resolution process will be the issue for resolution to the County Administrator and the City Manager for a of 30 days. If, after 30 days the performance issue has not been resolved, either 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 parties. The Page6of9 554211 Page 8 of10 09/14/201002:32 PM mediation will be for up to a period of 90 days. during which period the 50"10 allocation of City revenues will be in suspension and not be available to either party. If the mediator declares an impasse, then the parties sha1l agree to new terms. The 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 whole or in part by either party Without the prior written approval of the other party. CITY: City Manager City Hall 250 Madison Street, #201 Port Townsend, W A 98368 COUNTY: County Administrator . POB 1220 Port Townsend, WA 98368 'ed, h. Contract Not a Partnership. This Agreement is to provide servi intended to create a partnership, agency, joint venture between the i. Notiees. All notices hereunder may be peISOnally served, deli they sha1l be sent by certified or registered mail to the or to such other respective ad hereto may hereafter from time to time designate in writing. Notices sent be deemed to have been given when properly mailed, and the PO~bY the United States Post Offiee shaI1 be conclusive evidence of the of". () . j. Adviee of Co ; ~ e parties warrant and represent to each other that they have had '0 b egal counsel and/or have had the opportunity to be represented b lid' all stages in the negotiation of this Agreement. The parties further have participated in the negotiating and drafting of this =~~.and . tbatthis Agreement shaI1 not be construed more favorably with It. Recor e 'on of this Agreement by both parties, the County shall record this A e n County. . The City's representative for purposes of administering this Agreement is . The County's representative for purposes of administering this t is the County Administrator. of Other Parties. It is understood and agreed that this Agreement is solely for the efit of the City and the County, and conveys no rightto any other party, person or entity. Page 7 of9 664211 Page9of10 091141201002:32 PM n. Binder. This Agreement shall be binding upon the parties hereto, their successors and assigns. o. Vellue and respoDSibillty for HtigatiOIl costs. The sole venue for any litigation that might arise from the parties' perfllIIlllll1ce (or alleged failure to perform) pursuant to the tenns and conditions of this Agreement shall be the Superior Court In and For Jefferson County. Should such litigation occur, then each party will be solely responsible for e costs and expenses it incurs with respect to that litigation. p. Entire Agreement; Revocation of Prior Agreements; Amendmen contains the entire agreement of the parties hereto with respect to Agreement and use of the premises. and any other agreement, representation or understanding by any party hereto, or any of representatives, employees or principals which is not mutually rescinded and revoked and shall not be binding ~ additions or modifications to this Agreement shall . .~ hereto. Neither party shall be bound by any verb . li ent of this Executed as of the date written below: , Date: ......."V'.G4t\/\.b.DK l~, '2010 AUes:~} Attest: ~~ Raina Randall, Deputy Clerk of the Board Approved as to Form: cr /1:4 JO David Alvarez, Deputy Pros utor Page 8 of9 564211 Page10of10 091141201002:32 PM . EXHIBlTl SUSTAINABLE SERVICE DELIVERY AND FUNDING REVIEW Sebedule of Benchmarks Bendmuuft Exoloratorv RCRional Parks And Recreation Committee. Convene an exploratory regional parks and recreation committee, comprised of: . Chair of the Board of County Commissioners, or other desigDllted County Commissioner (the County Administrator shall be the alternate), two members of the Jefferson County Parks Advisory Board. one outdoor sports league l(;.!>lel..mtative, one WSU 4-H Extension agent, and one indoor sports representative. appointed the Board of County Commissioners; . Mayor of Port Townsend or other designated member Of~1 Council (the City Manager shall be the alternate), two m b#SO( e Port Townsend Parks Advisory Board. one sports Ie. V representative, one representative of a non-pro r 'on ' er, appointed by the City Council; . Superintendents of the Port Townsend, Drinnon School Districts, or their designees . A representative of the Law andJustiee . Health Dep....truent Director or designee . Hospital District Director or designee The regional parks and recreation committee City and County D\:;Jla1lruents ofPublieWor and include bUc . sessio~:V /' Inventorv, Inventory existing parks in the C' and the Co and Needs ~--t DevelOl! improvements and pro costs, DeJiv Date January 1,2011 facilities and programming els. for facility capital populations, and approximate options for funding, and ilities and and administration 'ons. J . t , Develop a joint strategy for and administration of parks and recreation in . . F Public S 'onforV Page 9 of9 March 31, 2011 May 31,2011 July 31, 2011 A 30,2011 December 31, 2011 J 31 2012 March 31 2012 A '130,2012 June 30, 2012 set by mutual ent set by mutual ent