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Home My WebLink About014 13STATE OF WASHINGTON Jefferson County Joint Resolution of the Board of County Commissioners and the } County Resolution No. 14-13 Port Townsend City Council Appointing } City Resolution No. 13-GOI.a Citizen Members to the Metropolitan } Park District (MPD) Steering Committee } The Board of County Commissioners (BoCC) of Jefferson County, Washington and the City Council of Port Townsend, Washington do hereby jointly resolve as follows: WHEREAS, pursuant to a 2010 Agreement (as amended by a 2011 Amendment), the County and the City established an Exploratory Regional Parks and Recreation Committee, comprised of citizens and elected officials, to make recommendations concerning sustainable and coordinated service delivery and funding for recreation facilities and services in the City and all or portions of the County; and WHEREAS, the Exploratory Regional Parks and Recreation Committee, after over a year of analysis, citizen surveys and technical data provided by outside consultants, concluded "... that the present approach for providing and funding park facilities and recreation programs at the current level is unsustainable;" and recommended: "(T)hat the County and City should form a Metropolitan Parks District (MPD) that contains all of East Jefferson County. During the process of forming an MPD the County and City should continue to look for efficiencies that can be achieved though coordinating and collaboration between the City and the County as well as other entities" (ERPRC Final Report, June 2012.); and WHEREAS, on February 11, 2012 the Jefferson County Board of County Commissioners and the Port Townsend City Council adopted a Joint Resolution Relating to a Metropolitan Parks District Process, and Approving and Authorizing Execution of Amendment Number Two to an Agreement Concerning the 2010 Sales Tax Ballot Measure, County Resolution No. 011-13 and City Resolution No. 13-005; and WHEREAS, Exhibit B Steering Committee and Park & Recreation Stakeholders Composition, Roles & Responsibilities for MPD Process, part of the Joint Resolution, provides for the County Commissioners and City Council to appoint a citizen Steering Committee including a cross section of community representatives to prepare a Metropolitan Park District proposal for review by stakeholders and the public, and in appointing the Steering Committee members, the County and the City would also appoint the Steering Committee's Co-Chairs; and County Resolution 14-13 City Resolution 13-0dL Page 2 of 3 WHEREAS, the County and the City now wish to appoint the citizen members and Co-Chairs of the Steering Committee to operate in conformance with the Joint Resolution; NOW, THEREFORE, BE IT JOINTLY RESOLVED AND ORDERED by the Jefferson County Commissioners and the Port Townsend City Council as follows: Section 1. Initial Appointments The following individuals and Co-Chairs are hereby appointed to the Steering Committee drawn from diverse communities pursuant to County Resolution No. 011-13 and City Resolution No. 13-005 as follows: Individual Geo ra hic Area Interests Cammy Brown* Port Hadlock /Tri-Area Non-profit Service Providers Herb Cook Gardiner /Discovery Bay Non-profit Service Providers Area Mike Evans Kala Point Area Sports leagues /recreation or anizations Doug Huber Port Ludlow Area Parks Facilities Volunteer Kathleen Kler* Quilcene Area Exploratory Regional Parks & Recreation Committee; Jefferson County Parks & Recreation Adviso Board Susie Learned Port Hadlock /Tri-Area Parks Facilities Volunteer Garth MCHattie Marrowstone Island Area Chair of Jefferson County Parks & Recreation Advisory Board Port Townsend Parks, Port Townsend Area Chair of Port Townsend Recreation and Tree Parks, Recreation and Tree Advisory Committee Advisory Committee Chair Jeff Randall Port Townsend Area Pool interests Rich Stapf Quimper Peninsula Area Exploratory Regional Parks & Recreation Committee; Jefferson County Parks & Recreation Adviso Board Mike Zimmerman Marrowstone Island Area Parks Professional * Co-Chairs Section 2. Purpose, Scope of Work and Term The MPD Steering Committee is appointed and shall operate pursuant to Jefferson County Resolution No. 011-13 and City Resolution No. 13-005, and all applicable local, state and federal laws. Participation as a Steering Committee member does not preclude one's later participation in any formal review or comment process before the City Council and/or Board of Commissioners. The duration of the Steering Committee County Resolution 14-13 City Resolution 13~~ Page 3 of 3 and the term of these initial appointments is until the Scope of Work has been completed, or until one year has elapsed, whichever is first, unless otherwise amended by subsequent joint action by the County Commissioners and the City Council. Members serve on a voluntary basis, and may resign at any time by notifying both the County and the City in writing. Section 3. Future Appointments The Board of County Commissioners and the City Council may by subsequent Joint Resolution(s) appoint one alternate per Steering Committee member, and/or may amend appointments to the Steering Committee. APPROVED AND ADOPTED THIS ~~~day of March, 2013 CITY COUNCIL Attest: Pamela Kolacy, MMC, ity Cler David King, Mayon City of Port Townsend Approved as to form: -~~-~ John P. Watts, City Attorney APPROVED AND ADOPTED THIS 4th day of March, 2013 ~, ~'+ ~' y ~ 7 ~'' :. t t ~+~"±~ 4 , "~ ~ ., Y . , \a~ ATTESY:" Raina Randall Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS Excused Absence John Austin, Chair ~~~~~~ Phil Johnsoib rMember David Sullivan."Member City Resolution 13-005 County Resolution 011-13 Page 1 of 4 STATE OF WASHINGTON County of Jefferson City Council of Port Townsend Board of County Commissioners of Jefferson County City Resolution No. 13 -005 County Resolution No. 011-13 A Joint Resolution of the City Council of the City of Port Townsend, Washington and the Jefferson County Board of County Commissioners Relating to a Metropolitan Parks District Process, and Approving and Authorizing Execution of Amendment Number Two to an Agreement Concerning the 2010 Sales Tax Ballot Measure. The City Council of the City of Port Townsend, Washington, and the Board of County Commissioners for Jefferson County, Washington, do hereby jointly resolve as follows: RECITALS: A. This Resolution approves the following actions and items: 1. Metropolitan Parks District suggested process map and estimated schedule (Exhibit A). 2. Establishment of Steering Committee and Parks & Recreation Stakeholders Composition, Roles and Responsibilities for MPD Process (Exhibit B). 3. Guidance to Steering Committee for MPD Process (Exhibit C) 4. Amendment Number Two to 2010 Agreement concerning the 2010 Sales Tax Ballot Measure (Exhibit D). B. These actions and items follow a number of collaborative measures taken by Jefferson County and the City of Port Townsend to mutually address maintenance and improvements to certain County parks properties (Memorial Field and the Port Townsend Recreation Center located in the City) and County parks and recreation programs in general. C. In 2010, the City and the County adopted respective Resolutions to place measure Proposition 1 on the November 2, 2010 ballot that, if passed, would raise the sales tax to fund public safety, and provide funding for up to four years to Memorial Field and the Port Townsend Recreation Center to support and restore their operation and maintenance, restore after school programs and provide capital funds for repairs and maintenance. City County D. With the passage of Prop 1, the parties entered into an Agreement 13, 2010 ("2010 Agreement"}, concerning the sales tax proceeds. terms of the Agreement, the City contributed a share of sales tax rE to four years to Memorial Field and the Port Townsend Recreation support and restore their operation and maintenance, restore after programs and provide capital funds for repairs and maintenance. E. The 2010 Agreement provided a process to review sustainable and funding for recreation facilities and programs. The Agreen The City and the County recognize that efficiency and service I recreation facilities and programs within the City and the Couny enhanced by coordinating, consolidating or sharing facilities, pi and other resources between these different entities. The City ; also wish to identify dedicated and secure funding sources to s maintain parks and recreation for our citizens for the long term. the City and County agree to pursue sustainable and coordinai delivery and funding for recreation facilities and services in the portions of the County.... F. In the 2010 Agreement, the parties agreed "to immediately and collaborate on identifying and evaluating a variety of options for coordinated service delivery and funding for recreation facilities the City and all or significant portions of the County." The Agre benchmarks. The schedule of benchmarks was amended by A Number One to the 2010 Agreement dated June 22, 2011. G. Pursuant to the 2010 Agreement (as amended by the 2011 Amet parties established a group, the Exploratory Regional Parks and Committee (ERPRC)., comprised of citizens and elected officials recommendations concerning sustainable and coordinated servic funding for recreation facilities and services in the City and all or County. H. The ERPRC recommended: "(T)hat the County and City should fo Metropolitan Parks District (MPD) that contains all of East Jefferso During the process of forming an MPD the County and City should look for efficiencies that can be achieved though coordinating and between the City and the County as well as other entities." (ERPF Report, June 2012.) .esolution 13-005 .esolution 011-13 Page 2 of 4 on September Jnderthe ceipts for up enter to >chool rice delivery stated, GIs [for may be rams, staff i County port and ~ this end, service tv and all or ainable and services in it provided the ~ make delivery and ~rtions of the ma i County. continue to Final City Resolution 13-005 County Resolution 011-13 Page 3 of 4 Since the ERPRC Final Report, a working group comprised of Mayor David King, City Manager David Timmons, Public Services Director Rick Sepler, County Commissioner Phil Johnson, County Administrator Philip Morley, Jefferson County Public Works Director Frank Gifford, and Jefferson County Parks and Recreation Manager Matt Tyler have met on a number of occasions to review the ERPRC recommendation and other matters relating to parks funding and sales tax dollars from the 2010 ballot measure. J. The working group formulated a Metropolitan Parks District process map and schedule (Exhibit A), Steering Committee and Parks & Recreation Stakeholders Composition, Roles and Responsibilities for MPD Process (Exhibit B), Guidance to Steering Committee (Exhibit C). In addition representatives of the parties have negotiated and recommend Amendment Number Two to Agreement conceming the 2010 Sales Tax Ballot Measure (Exhibit D} to address continued City contribution of a portion of sale tax proceeds for a two year period (2013-2014). K. The BOCC and City Council have reviewed the recommendations of the ERPRC and the recommendation of the working group, and determine to move the MPD process forward as set forth in this Resolution. NOW, THEREFORE, BE IT JOINTLY RESOLVED AND ORDERED by the City Council of the City of Port Townsend and the Board of County Commission of Jefferson County as follows: A. The following items are approved: 1. Metropolitan Parks District suggested process map and estimated schedule (Exhibit A). 2. Establishment of Steering Committee and Parks & Recreation Stakeholders Composition, Roles and Responsibilities for MPD Process (Exhibit B). 3. Guidance to Steering Committee for MPD Process (Exhibit C) 4. Amendment Number Two to 2010 Agreement concerning the 2010 Sales Tax Ballot Measure (Exhibit D). B. The City Manager and the County Administrator are authorized and delegated to execute and implement the actions set forth in paragraph 1. C. Following submittal of a Preferred MPD Plan to the City Council and Board of County Commissioners pursuant to the process outlined in Attachments 1, 2 and 3, the City Council and Board of County Commissioners will in good faith consider and review, following further process and public input as each body deems appropriate, a joint motion on a Preferred MPD Plan. Neither the City Council nor the Board of County Commissioners is obligated to agree to accept the Preferred MPD Plan or adopt a joint motion. City County APPROVED AND ADOPTED THIS li day of Attest: Pamela Kolacy, MMC, City lerk David King, Mayof City of Port Townsend Approved as to form: 2013 ~. John P. Watts, City Attorney APPROVED AND ADOPTED THIS li day of February 2013 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS V f" Joh Austin, Chairman (Excused Absence) Phil Johnson, Member David'Sullivan, Member ATTEST: ~~ - i Erin Lundgren, Irk oft Board Ilion 13-005 Ilion 011-13 Page 4 of 4 Joint Resolution -Exhibit A Metropolitan Parks District Suggested Process Map and Estimated Schedule Draft MPD Suggested Process Map and Estimated Schedule Preplanning Work Group -Foundation-building with key stakeholders Dec'12-february'13 -Issue identification -Draft process development Board of County Commissioner and City Council Meeting BOCC/CC -Revisions to lnterlocal Agreement (Prop land Schedule) Early February - Review of Draft Schedule - Roles of Steering Committee and Park & Recreation Stakeholders Steering Committee Initial Meetings ~ SC-February -Organization and Draft Process Map/Schedule SC -February -Agenda for Park& Recreation Stakeholder Workshop -Preparation of Background Materia Is for Stakeholders Park & Recreation Stakeholders Workshop P&R S March - Process Overview and Update - Identify Key Outcomes -Discuss Criteria for Evaluating Alternatives Steering Committee Meetings -Develop Draft Alternatives and Preliminary Recommendationsto SC-March-April Park& Recreation Stakeholders Park & Recreation Stakeholders Workshop P&R S -April - Evaluate Alternatives - Provide Feedback on Preferred Alternative Steering Committee Meetings ~ SC-May-June -Prepare Draft Preferred Alternative Plan for BOCC and CC -Park&Recreation Stakeholders Workshop I P&RS-June Review Draft Preferred Alternative Plan for BOCC and CC Joint Meeting Jefferson County Parks and Recreation Committee Parks Boards-June and Port Townsend Parks, Recreation and Tree Board - Recommendation to BOCC and CC Board of County Commissioner and City Council Joint Meeting BOCC/CC-July - Presentation of Draft Preferred Alternative Plan and Consideration of Implementing Motions. Joint R solution -Exhibit B Steering Committee and Park & Recreation Stak holder Composition Page 1 of 1 Steering Committee and Park & Recreation Stakeholders Composition, Roles & Responsibilities for MP Process Steering Committee Role: Comprised of up to 12 members of the Park & Rec Stakeholders (includin the Co-chairs). Develops materials for review by the Stakeholders. Considers input from Stakeholders and makes appropriate revisions. Works with City/County staff and consultan to prepare materials. Chairpersons: Co-chairs appointed by City Council and County Commissioners; Acts as c air for both Steering Committee and Stakeholders. Membership: Appointed by City Council and County Commissioners, will include repres ntatives from: City/County Parks Committees Jefferson Aquatic Coalition or pool users representative Geographically balanced members City Councilor and County Commissioner (Ex Officio} Support: Consultant, City and County Staff Meets: Up to three times per month from February to June. All meetings are su ject to the Open Public Meetings Act, records are subject to the Public Records Act, and meetings may be held in a variety of locations to reflect the regional scope of an MPD. Park & Recreation Stakeholders (Convened by Steering Committee) Role: Reviews and discusses draft materials that have been prepared/reviewe by the Steering Committee. Provides input to the Steering Committee. Appointed: The Steering Committee invites participants. Represents: Comprised of members representing community organizations and grou s and a balanced geographic distribution of residents; and others as interested (1 rep. and alternate per organization). These will include (but are not limited to) the following: City/County Parks Committees School Districts Jefferson Healthcare Sports Boosters South County Community Member Port Townsend Community Member Business/Chamber Rep NWMC Rep Recreation Organizations Parks Advocates and Volunteers County Commissioner (Ex Off City Council Member (Ex Offic Jefferson Aquatic Coalition YMCA Representative Tri-area Community Member WSU Rotary Teams and Leagues Kiwanis Other Community C Support: Consultant, City and County Staff Meets: Once or twice monthly from February to June Joint Resolution -Exhibit C Guidance to the MPD Steering Committee Page 1 of 2 Guidance to Steering Committee for MPD Process Charge. Through its enabling legislation, a citizen Steering Committee will be given the following charge: SpecificOutcomes. In June of 2012 an Exploratory Regional Parks and Recreation Committee (ERPRC) concluded that our present system to provide and fund parks and recreation is not sustainable, and that a regional Metropolitan Parks District should be formed to serve the citizens of East Jefferson County including the City of Port Townsend. The City and the County are cooperating to convene citizens to develop a specific plan for creating a Metropolitan Park District (MPD) that voters could consider whether or not to approve. A citizen Steering Committee, with the help of a broad cross section of Parks & Rec Stakeholders will develop an MPD Plan. The MPD Plan should specifically address the following elements: • The boundaries of a proposed MPD, no greater than East Jefferson County excluding the two existing Parks and Recreation Districts • The (existing and any proposed future) facilities and programs that are to be included in the proposed MPD • The structure of the proposed MPD and its governance model • The preliminary maintenance and operations plan forthe proposed MPD • The preliminary operational and capital budget for the proposed MPD • Budget requirements and funding availability for long-term maintenance and operations to maintain existing (and proposed future) facilities and programs (namely, sustainability). ("Long- term" would at a minimum be in the 6-10 year horizon.) • Capital budget requirements and funding availability for long-term maintenance of existing (and proposed future) facilities (namely, sustainability). ("Long-term" would at a minimum be in the 6-10 year horizon.) • The development of a proposed transitional strategy that facilitates the coordination, consolidation of City and County Park resources and proposes an interim funding strategy. Housekeeping. The following operational guidance will be established through the enabling resolution to maximize the time spent by the Steering Committee in developing a workable MPD alternative and minimizing the time spent establishing their internal rules and procedures. None of the following pre- determinethe outcome of the Steering Committee's work, only the manner in which they will conduct the planning process: Co-chairs. Two Steering Committee Co-chairs will be appointed jointly by the City Council and Board of County Commissioners. Parks & Recreation Stakeholders-Parks &Rec Stakeholders members are invited by the Steering Committee. The Steering Committee can expand membership at its discretion. The Steering Committee will address the possible role of having alternates for certain Parks &Rec Stakeholders members who represent organizations. Revised: 2.1.13 Facilitator-A facilitator will be provided that can help the Steering Committee set other process issues (attendance, voting, sub-committees, etc.). Public Participation -In addition to vetting work with Parks &Rec Stakeholders, the pro encourage and provide meaningful opportunities for the general public to participate in This may include holding ahalf-day charrette; scheduling open houses and workshops a public comment at all Parks &Rec Stakeholders meetings. All meetings of the Steering C be open to the public, although due to scheduling constraints public comment might no meetings. MPD Plan Recommendation. The Steering Committee shall prepare a preferred MPD P specific elements listed above that, if approved by a vote of the people, would result in implementation of an MPD. The MPD Plan shall represent the majority view of the Ste. The majority recommended MPD Plan shall be the sole document submitted by the Ste for consideration by the County and City for proposing a potential ballot proposition. Provide Guidance on Transition in the Interim. The Steering Committee shall include a approach and schedule that would allow for maintaining parks and recreation in the int can support them. The recommended Plan for an MPD must successfully address and achieve the objectives: • Ensure park properties and facilities and recreation programs will be cared and long term for the public's well being and for the benefit of the community; • Ensure parks and recreation are delivered in an equitable manner and that rest allocated fairly; • Ensure the parks and recreation system is sustainable; • Improves parks and recreation and future capacity compared to conditions • Sets a levy rate that protects juniortaxing districts from prorationing; • Ensure that the public will get what the MPD Plan promises d rules for =ss shall he process. d providing for mmittee will betaken at all n including the ie ing Committee. ~ing Committee 'commended ~im until a MPD g key ianaged for the rtes are iut an MPD Joint Resolution Exhibit D Amendment Number Two to 2010 Agreement Page 1 of 6 AMENDMENT NUMBER TWO To The AGREEMENT Jefferson County -City of Port Townsend (Agreement concerning 2010 Sales Tax Ballot Measure) THIS AMENDMENT NUMBER TWO is entered into by and beiwee Jefferson County ("County") and the City of Port Townsend ("City"), on the JL of ~,~, 2013 (last date written by signature below). RECITALS A. 7efferson County and the City of Port Townsend desire to amend both the original Interlocal Agreement regazding 2010 Sales Tax Ballot Measure executed by both parties on September 13, 2010 ("2010 Agreement"), and Amendment Number One to the 2010 Agreement dated June 22, 2011 ("2011 Amendment"), on the terms set forth in this Amendment Number Two. B. This Amendment Number Two supersedes and replaces the 2010 Agreement and Amendment Number One, and those instruments are of no further force or effect. As used in this instrument, "this Agreement" refers to Amendment Number Two. Now therefore, the parties agree as follows: 1. PARTIES TO THE AGREEMENT. This Agreement is entered into by the political subdivision of the State of Washington known 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 contribute a share of the 3/1 Oths of 1% special purpose sales tax receipts to the restoration and maintenance of Memorial Field and the Port Townsend Recreation Center (Community Center), and to youth services, subject to and on the terms set forth in this Agreement. 3. EFFECTIVE DATE; DURATION; TERMINATION. a. The term of the 2010 Agreement is for up to four yeazs, as follows: sales tax collections by the state began April 1, 2011, with disbursements to the County and the City beginning in June, 2011. The City contribution set forth in this Agreement commenced in June, 2011, and runs up to four yeazs through May 31, 2015, except as provided in pazagraphs 3.c. and 4.e, unless the parties have mutually executed a written extension of this Agreement. b. Within 30 days of the execution of this Agreement the Parties agree to finalize and execute a Public Infrastructure Fund Grant Agreement for the Fort Worden Building 202 Project in the amount of $75,000 in 2014 and $75,000 in 2015 as described in Jefferson County Resolution No. 063-12. Joint esolution Exhibit D Amendment Number Tw to 2010 Agreement Page 2 of 6 c. During the term of this Agreement, if the Washington State Legislature acts to c rtail disbursements to Jefferson County of sales and use tax for public facilities in rural counties pursuant to RCW 82.14.370, or if actual income would limit the County's ability t fund the Public Infrastructure Fund grant for the Fort Worden Building 202 Project in the amount f $75,000 in 2014 and $75,000 in 2015 as described in Jefferson County Resolution No. 063-1 ,the Parties agree to immediately negotiate terms whereby the County would fully fund the gr t for the Fort Worden Building 202 Project consistent with Resolution No. 063-12, or failing th t, immediately renegotiate any and all terms of this Agreement in good faith. 4. CITY PERFORMANCE. The City agrees as follows: City performance under the 2010 Agreement began in June 2011. Effective Janu 1, 2013, and continuing through May 31, 2015 (except as set forth in subparagraphs 3.c. above d 4.e. below, City performance continues, as follows: from the first $425,000 of funds collecte under the authority of Proposition 1 as they aze received by the City, the City will contribut one-half to the County; from any amount above $425,000 each calendaz year the City will contri ute 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 professional services for the Exploratory Regional Pazks and Recreation subsequent process to develop a sustainable model for funding and admi parks and recreation; and • If unanticipated repairs threaten continued operation of the Mountain Vi Pool, the Parties will allow expenditure of capital funds under this Agree the pool repairs as mutually agreed by the Parties. a. Specifically, funds for Memorial Field shall be used to restore and maintain r maintenance and operations, and event services including such expenditures as: • Labor; • Services; • Equipment & supplies; and • Utilities b. Specifically, funds for the Port Townsend Recreation Center shall be used to maintain normal facility maintenance and restore no-charge drop-in recreation 1 and families before (lam to gam) and after (2pm to 7pm) schooldays and Satur for a total of 44 hours per week, including such expenditures as: • Labor; • Equipment & supplies; • Grounds and facility maintenance; and • Utilities provide nmittee or gyring regional Swimming nt to help fund facility rre and am for children (8am to Spm), joint Resolution Exhibit D Amendment Number Two to 2010 Agreement Page 3 of 6 a 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, and for the support of the Exploratory Regional Parks and Recreation Committee or subsequent process to develop a model for funding and administering regional pazks and recreation, and/or, as mutually agreed by the parties, for emergency repairs to the Mountain View Pool. 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 County to the City. Payment will be within 30 days of this accounting. d. The City shall work with the County to identify and prioritize capital improvements, and pursue grants. e. Approval of a dedicated and secure funding source. If a dedicated and secure funding source is approved that would fully replace the funding under this Agreement, then the City performance and obligation to contribute sales tax collections and this Agreement terminate upon availability of the new funding. f. On expiration of this Agreement on or before May 31, 2015, the City's obligation for sales tax contribution ends. The City has encumbered the monies for public safety, and they are no longer available fox contribution. 5. COUNTY PERFORMANCE. The County agrees as follows: The County will use the funds received from the City for the purposes specified under City Performance (pazagraph 4) in this Agreement and consistent with the County's adopted budget. Operations under this Agreement began July 1, 2011. For 2014 and 2015, the County shall seek City input in preparing an annual budget for the operation, maintenance and improvement of Memorial Field and the Recreation Center prior to passage, and will act in good faith in considering the City's suggestions and resolving potential issues. By December 31 prior to each operating yeaz, 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. The report shall delineate revenues and expenses. County accounting of these funds shall be open to City inspection throughout the term of this Agreement. Any City sales tax revenues under Proposition 1 received by the County over $212,500 for that year will be set aside for capital improvement projects related to Memorial Field or the Port Townsend Recreation Center, to fund professional services for the Exploratory Regional Parks and Recreation Committee or subsequent process to develop a sustainable model for funding and administering regional parks and recreation; and if unanticipated repairs threaten continued operation of the Mountain View Swimming Pool, the Parties may allow expenditure of capital funds under this Agreement to help fund the pool repairs as mutually agreed by the Parties. The County shall work with the City to identify and prioritize capital improvements, and pursue grants. Joint esolution Exhibit D Amendment Number Tw to 2010 Agreement Page 4 of 6 All sales tax revenue received from the City not encumbered by contract or expen ed within 60 days of the termination of this agreement will be returned by the County to the Cit .Payment will be within 30 days of this accounting. 6. JOINT PERFORMANCE -SUSTAINABLE SERVICE DELIVERY REVIEW AND IMPLEMENTATION OF RESULTS OF REVIEW The parties have exercised good faith in accomplishing the benchmazks in Exhibit 1 to the 2010 Agreement (as amended by the 2011 Amendment}, have reviewed the recommend tion of the Exploratory Regional Pazks and Recreation Committee (ERPRC), and have form ated and agreed on an implementation plan to convene citizens to develop a Metropolitan Park Dis rict (MPD) proposal as recommended, as well as coordinate, consolidate and fund pazk facilif es and recreation programs until a Metropolitan Park District can be formed and funded, or absent at, the Parties will continue to work together in goad faith to review service delivery and fundin alternatives. The implementation plan is set forth in a Joint Resolution of the City Council and oard of County Commissioners (City Resolution 13-005 and County Resolution NO. 011-13). 7. GENERAL TERMS. a. Hold Harmless. Each party to this Agreement shall defend, indemnify and hol the other party, its appointed and elected officers and employees, harmless from claims, actions, i juries, damages, losses or suits including attorney fees, arising or alleged to have azisen directly or ndirectly out of or inconsequence of the performance of this Agreement to the extent caused by e Fault or negligence of the indemnitor, its appointed or elected officials, employees, officer ,agents, assigns, volunteers or representatives. b. Applicable Law and Venue. This Agreement shall be construed and interprete m accordance with the laws of the State of Washington. In the event of a dispute, such disputes all be litigated in the Superior Court of Jefferson County, Washington. c. Non-Discrimination. Parties shall not discriminate in any manner related to the basis of race, color, national origin, sex, religion, age, marital status or disa or the provision of services. d. Severability. If any provision of the Agreement shall be held invalid, the ren Agreement shall not be affected thereby if such remainder would then continue purposes and objectives of all parties. e. Relationship to Existing Laws and Statutes. The County and City do not abr decision-making authority vested in them by law except as specifically provided This Agreement in no way modifies or supersedes existing State laws and statute; at all times comply with all applicable provisions of any federal, state, County or and the rules and regulations issued there under. Agreement on in employment rder of this serve the ;ate the this Agreement. The parties shall ity legislation, Joint Resolution Exhibit D Amendment Number Two to 20] 0 Agreement Page 5 of 6 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 Agreement, 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 parties. The mediation will be for up to a period of 90 days, during which period the 50% allocation of City revenues will be in suspension and not be available to either party. 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. h. Contract Not a Partnership. This Agreement is to provide services, and is in no way intended to create a partnership, agency, joint venture between the parties. i. Notices. All notices hereunder maybe 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 Madison Street, #201 Port Townsend, WA 98368 COUNTY: County Administrator POB 1220 Port Townsend, WA 98368 or to such other respective addresses as either party hereto may hereafter from time to time 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 Postal Service 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 and/or have had the opportunity to be represented by legal counsel during all stages in the negotiation of this Agreement. 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 execution of this Agreement by both parties, the County shall record this Agreement in Jefferson County. Amendment Number I. Administrator. The City's representative for purposes of administering this City Manager. The County's representative for purposes of administering this County Administrator. m. Rights of Other Parties. It is understood and agreed that this Agreement is benefit of the City and the County, and conveys no right to any other party; per n. Binder. This Agreement shall be binding upon the parties hereto, their :solution Exhibit D to 2010 Agreement Page 6 of 6 is the is the ;ly for the or entity. and assigns. o. Venue and responsibility for litigation costs. The sole venue for any litigatio that might arise from the parties' performance (or alleged failure to perform) pursuant to the term and conditions of this Agreement shall be the Superior Court In and For Jefferson County. Shoul such litigation occur, then each party will be solely responsible for the costs and expenses it inc s with respect to that litigation. p. Entire Agreement; Revocation of Prior Agreements; Amendments. This A reement 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 r understanding by any party hereto, or any of their respective agents, representatives, employees r principals which is not contained in this Agreement, is hereby mutually rescinded and revok d and shall not be binding or valid. Any amendments or additions or modifications to this Agree ent 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: CITY OF PORT TOWNSEND JEFFERSON C LINTY By ~:- By David G. Timm ns, City Manager Jo Austin, Chair Bo d of County Commis Toners Date: ~ q 3 Date: oz 1 ~ Attest: Attest: G ~/ ,~ ~C ~ e-o ~ v Pamela Kolacy, ~dvlC, ity Clerk ~ Erin Lundgren, I lc'fk f the o d Approved as to For ~pro~d as tm: ~1 tz i3 ~~-~ Joh W tts, City Attorney David Alvarez, De y Pros cutor 0 2 E u° e .~ N 0 C v~ - °a o c ~~~ q o u E d E . - a - o a E ~ a ; o i m o ~ `u o a ~~ E u r E a J ~I °o o m a P m ° ^ 0 a °m m ~ 0 ' m o o . 0 0' o a' o' m 3 W o 0 oL ~ ~ ~ ° ' °_ ° ° ~ a a ~ _ m G n t' ~ i~ Q a ° i m q~ p o u > ° ~ m Z Z m o Z~ > o - V o ° m E~ ° ` a r u Q o_ m ~~ t ~ u° `- r ~ V _ .. a o c - d k A m o - o °~~ z° z v a m 3 ~ m ~ A ¢` ~ 3 o a a g a v A ¢` o a Y v Z ° _ s o a i v _ a 3 °' a r r E F ' ° ~ ` i ` O ~ 9 ` ° ° ` '' ~ a t 1 r c o ¢ r a F a a o u s n o E ' w o ,Q ¢ _ o E _ _ 0 0 \ 3 a = ~ i o E n ? _ ~ o d a E V' Q c CI U m a 2 F O i ~ a~ E ~ E = V ~ ~ E ~ y m x x i = ' o ~ " E E _ ~ E i° m ~ r i ~ " g E Y r - r s -- e G u ~ o° x t~ rc°¢u - f y N O e 3 ~ o _ ~ v ~ ~ E ' ~ E 2 E ° h N '^ °o o o`O N o ,. a MS ~ ~ o ~ o ° m ~ " ' _ " ' 0 3 3 3 3 3 x 3 x w 0 u m 3 ~ ~ c z ~ ° o ' a ~ a v ~ ~ d = z ~ ~ - 3 g LL ag o a >' ° v r ~ r ~ ^' °- '" _