HomeMy WebLinkAboutInterlocal re possible PFD JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: December 18,2023
RE: Interlocal Agreement: Between the City of Port Townsend and Jefferson
County to Study a Possible County-wide Public Facilities District for
Construction and Operation of Facility for a Pool and Other Activities
STATEMENT OF ISSUE: A multi-agency Steering Committee has been working to develop
and bring forward a multipurpose facility for the community that would include a pool and other
amenities. Carrie Hite, Project Manager, has conducted extensive community outreach seeking to
inform the public and solicit input regarding the project.
The Board of County Commissioners has received a number of briefings on the project and has
been debating its strengths and weaknesses. One of the topics being debated is how to finance
the facility. After considering whether to seek to form a Metropolitan Parks District(MPD)
which would finance the facility through property taxes or a Public Facilities District(PFD)that
would finance the facility through sales and possibly excise taxes the steering committee is
recommending the formation of a PFD.
During the Board of Commissioners meeting on Monday, December 1 Ith the Board approved a
motion directing staff to draft an interlocal agreement between the City of Port Townsend and
Jefferson County. The interlocal would govern the creation of a study team to investigate and
report out on the creation of a PFD and the completion of an independent financial feasibility
review to be conducted by the Washington State Department of Commerce with cost to be split
evenly between the two governments.
ANALYSIS: A draft interlocal agreement that complies with the Board's motion is attached. It
has been coordinated with the City of Port Townsend.
FISCAL IMPACT: Consistent with the interlocal agreement the county will bear half the cost
of the independent financial feasibility review.which we estimate will be $9,000 to be paid out of
the General Fund.
RECOMMENDATION: That the Board of County Commissioners approve the attached
interlocal agreement.
REVIE D BY:
�a; 1A,
f i Z
Mark McCaul y County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: City of Port Townsend Contract No: MOA PFD 2023
Contract For: Inter-local Agreement-Public Facilities District Term: Through April 2024
COUNTY DEPARTMENT: County Administrator
Contact Person: Mark McCauley
Contact Phone: 360-385-9130
Contact email: mmecauley@co.jefferson.wa.us
AMOUNT: approximately$9,000 PROCESS: Exempt from Bid Process
Revenue: N/A Cooperative Purchase
Expenditure: approximately$9,000 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund # 001-270 RFP or RFQ
Munis Org/Obj 001-270 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES CO ANCE WIT .Se8!t) ND CHAPTER .23 R W.
CERTIFIED: ❑� N/A:El
S n ure ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FO NTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT PEEN DEBAR D Y ANY FEDERAL, STATE, OR LOCAL
AGENCY. 9 ,/
CERTIFIED: E N/A:
S ture Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 12/15/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/15/2023.
ILA prepared with assistance of the PAO.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PORT TOWNSEND AND JEFFERSON COUNTY
TO INVESTIGATE A POSSIBLE COUNTY-WIDE PUBLIC FACILITIES DISTRICT
FOR CONSTRUCTION AND OPERATION OF FACILITY
FOR A POOL AND OTHER ACTIVITIES
This Interlocal Agreement between the City of Port Townsend and Jefferson County to
Investigate a Possible County-Wide Public Facilities District for Construction and Operation of a
Facility For A Pool And Other Activities (this "Agreement") is made and entered into by and
between t h e C i t y o f P o r t T o w n s e n d, a municipal corporation under the laws of the State
of Washington ("City"), and Jefferson County, a political subdivision under the laws of the
State of Washington ("County"), (collectively the "Parties").
WITNESSETH:
WHEREAS, the Parties wish to investigate the creation of a county-wide Public Facilities
District("PFD")under Chapter 3 6.100 of the Revised Code of Washington("RCW")for the purpose
of designing and building a multipurpose recreation facility,which would include among other things
a pool, locker rooms and other amenities; and,
WHEREAS, an independent financial feasibility review is required under.RCW 36.100.025
prior to forming a county-wide PFD and the Parties wish to share the cost of performing such a
review; and,
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34
RC W provides for Interlocal cooperation between governmental agencies; and,
WHEREAS, it would be in the best.interest of the citizens of the Parties' respective
jurisdictions to cooperation in these endeavors;.and,
WHEREAS, the Parties hereto desire to enter into an Interlocal Agreement ("Agreement")
so the Parties can agree to the terms establishing said cooperation; and,
NOW, THEREFORE,the Parties hereto agree as follows:
1. Purpose
The purpose of this Agreement is twofold:
a. To establish a study team to investigate the formation of a county-wide PFD and
prepare a report for the respective legislative bodies of the Parties for the purpose of
obtaining a decision from each regarding whether to proceed with the actual
formation of a county-wide PFD under Chapter 36.100 RCW, and
b. To obtain an independent financial feasibility review to be conducted by the
Washington State Department of Commerce prior to the formation of a county-wide
PFD, as required under RCW 36.100.025 and to agree to sharing the cost of said
review.
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2. Investigation Committee
A study team shall be formed with each of the Parties appointing two individuals to
investigate the requirements related to establishing a county-wide PFD,the ability of a county-wide
PFD to issue debt and levy taxes and any other facts related to a county-wide PFD that would be
useful for the legislative bodies to know when considering whether to support the formation
of a county-wide PFD for the purpose stated in the WHEREAS section of this Agreement.
The committee may invite others to participate in the investigation at its discretion.
3. Independent Financial Feasibility Review
The Parties agree to each pay one half of the cost of completing the independent
financial feasibility review. If possible, Commerce should invoice each of the Parties
separately for their share.
4. Study Team Report for a County-wide PFD
The study team shall prepare a report for submission to the legislative bodies
of the Parties on or before February 1, 2024, and shall present their findings to each in
a public meeting.
5. Mutual Indemnity
For its comparative liability, each Party agrees to indemnify, defend and hold
the other Party, its officers, officials, employees, agents and volunteers (and their
marital communities), harmless from and.against any claims, damages, losses and
expenses, including but not limited to court costs, attorney's fees and alternative
dispute resolution costs, for any personal injury, for any bodily injury, sickness,
disease or death and for any damage to or destruction of any property (including the
loss of use resulting therefrom) which are alleged or proven to be caused by an act or
omission, negligent or otherwise, of its officers, officials, employees, agents or
volunteers(and their marital communities). A Party shall not be required to indemnify,
defend, or hold the other Party or its officers, officials, employees, agents and
volunteers (and their marital communities) harmless if the claim, damage, loss or
expense for personal injury, for any bodily injury, sickness, disease or death or for any
damage to or destruction of any property(including the loss of use resulting therefrom)
is caused by the sole act or omission of the other Party or its officers, officials,
employees, agents or volunteers. If any concurrent act occurs or omission of the
Parties and their officers, officials, employees, agents and volunteers, negligent or
otherwise, these indemnity provisions shall be valid and enforceable only for the
comparative liability of each Party and its officers, officials, employees, agents or
volunteers. The Parties agree to maintain a consolidated defense to claims made
against them and to reserve all indemnity claims against each other until after liability
to the claimant and damages are adjudicated. If any claim is resolved by voluntary
settlement and the Parties cannot agree upon apportionment of damages and defense
costs, they shall submit apportionment to binding arbitration. The indemnification
obligations of the Parties shall not be limited by the Washington State Industrial
Insurance Act,Title 51 RCW, or by application of any other workmen's compensation
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act, disability benefit act or other employee benefit act. Each Party expressly waives any
immunity afforded by such acts to the extent required by a Party's obligations to indemnify,
defend and hold harmless the other Party, its officers, officials, employees, agents and
volunteers (and their marital communities). A Parry's waiver of immunity does not extend to
claims made by its own employees directly against that Party as employer. The indemnity.
provisions of this section are a material inducement to enter into this Agreement and have
been mutually negotiated. This section shall survive the expiration or termination of this
Agreement.
6. Term
This Agreement shall take effect immediately and shall continue in effect until terminated.
It may be terminated by either Party by giving ten (10) days written notice to the other; provided,
however, that termination shall not affect or impair joint purchases of the Parties that were agreed
to on or before the date of termination.
7. Compliance with Laws
Each Party accepts responsibility for compliance with federal, state or local laws and a
regulation including, in particular, that Party's bidding requirements applicable to the acquisition
of any goods, services, or equipment obtained through the cooperative process agreed to herein.
8. Survival
Those provisions of this Agreement that by their sense and purpose should survive the term
of this Agreement shall survive the term of this Agreement. Without limiting the generality of the
preceding sentence, and for the avoidance of doubt, the provisions that survive the term of this
agreement include: (a) controlling law; and, (c)indemnification.
9. Severability
Any provision of this Agreement held to be prohibited or unenforceable shall be ineffective
only to the extent of such prohibition or unenforceability, without invalidating the remaining
provisions or affecting the validity or enforcement of such provisions.
10. Contact Persons:
The Parties stipulate that the following persons shall be the contact person for their respective
jurisdiction.
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CITY OF PORT TOWNSEND:
John Mauro
City Manager
250 Madison Street
Port Townsend, WA 98368
Phone: 360-379-5043
JEFFERSON COUNTY:
Mark McCauley
County Administrator
Jefferson County
1820 Jefferson St., Port Townsend, WA 98368
Phone: (360) 385-2130
11. Recording
A copy of this Agreement shall be recorded b y t h e C o u n t y in the Jefferson
County Auditor's Office.
12. General Provisions
a. No new or separate legal or administrative entity is created to administer the
provisions of this Agreement.
b. This Agreement contains all of the agreements of the Parties with respect
to any matter covered or mentioned in this Agreement.
C. No provision of this Agreement may be amended or modified except by
written agreement signed by the Parties.
d. This Agreement shall be binding upon and inure to the benefit of the Parties'
successors in interest, heirs and assigns.
e. The Parties do not intend,and nothing in this Agreement shall be construed to
mean, that any provision in this Agreement is to benefit any person or entity who is not a
Party.
f. This Agreement may be amended or supplemented only by a writing signed
by duly authorized representatives of all the Parties.
g. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, and all of which counterparts together shall constitute the same
instrument which may be sufficiently evidenced by one counterpart. Execution of this
Agreement at different times and places by the Parties shall not affect the validity of this
Agreement, so long as all the Parties execute a counterpart of this Agreement.
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h. The Parties agree that facsimile and electronic signatures shall have the same force
and effect as original signatures.
i. Any provision of this Agreement or either Party places the enforcement of
this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all it
sits own attorneys' fees, costs and expenses.
j. It is understood and agreed this Agreement is entered into in the State of Washington.
This Agreement shall be governed by and construed under the laws of the United States,the State of
Washington and the County of Jefferson, as if applied to transactions entered into and to be
performed wholly within Jefferson County, Washington between Jefferson County residents. No
Party shall argue or assert that any state law other than Washington law applies to the governance or
construction of this Agreement.
k. The venue for any legal action shall be solely in the appropriate state court in Jefferson
County,Washington, subject to the venue provisions for actions against counties in RCW 36.01.050.
1. Each Party shall be responsible for its own compliance with the Washington Public
Records Act, Chapter 42.56 RCW (as may be amended). This Agreement, once executed, will be a
"public record"subject to production to a third-party if it is requested under the Chapter 42.56 RCW.
M. No Party may sell, transfer or assign any rights or benefits under this Agreement
without the written approval of all the Parties.
(SIGNATURES FOLLOW ON NEXT PAGE)
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JEFFERSON COUNTY WASHINGTON CITY OF PORT TOWNSEND
Board of County Commissioners
Jefferson County,Washington
By:
By: John Mauro,City Manager Date
Greg Brotherton,Chair Date
By:
Kate Dean,Commissioner Date
By:
Heidi Eisenhour,Commissioner Date
SEAL:
ATTES'l':
December 15,2023
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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