HomeMy WebLinkAboutPort Townsend Transportation Benefit District - City of Port TownsendINTERLOCAL AGREEMENT BETWEEN
CITY OF PORT TOWNSEND AND
PORT TOWNSEND TRANSPORTATION BENEFIT DISTRICT
This Agreement between the City of Port Townsend, Washington ("City"), and the
Port Townsend Transportation Benefit District ("PTTBD"), each of whom is organized as a
Municipal Corporation under the laws of the State of Washington, is hereby dated and
made effective this A_ day of �,r ..e, 2023.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to
cooperate on the basis of mutual advantage; and
WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct,
public street infrastructure within its city limits in accordance with the powers granted
pursuant to state law, including without limitation RCW 35A.1 1.020 and Chapter 35A.47;
and
WHEREAS, pursuant to Ordinance No. 3319, codified in Chapter 12.50 Port
Townsend Municipal Code ("Chapter 11.20 PANIC"), the City established the PTTBD for
any purpose allowed by law, including to operate the District and to make transportation
improvements consistent with existing state, regional, and local transportation plans; and
WHEREAS, the City and the PATBD desire to better coordinate their efforts in order
to pursue their individual, joint, and mutual rights and obligations to maintain and preserve
streets and related transportation infrastructure within the City;
NOW, THEREFORE, the parties have entered into this Agreement in consideration of
the mutual benefits to be derived and to coordinate their efforts through the structure
provided by the Interlocal Cooperation Act.
1. llgr. osq jaid Interpretatiog. The City is empowered by Title 35A to construct,
reconstruct, maintain, and preserve City streets and other related public infrastructure either
by contract or through the use of City forces. The PTTBD has been constituted in
accordance with state law to provide a source of funding for transportation improvements
that preserve, maintain, and improve the transportation infrastructure and related
infrastructure within the city limits of the City. The PTTBD has no employees and its officers
are City Council Members serving in an ex officio capacity. In order to make the most
efficient use of public monies, to avoid duplication of effort and to coordinate their efforts,
the parties have entered into this Agreement.
In the event of ambiguity or the need for guidance arises, this Agreement shall be
interpreted in accordance with the provisions of Chapter 12.50 PTMC, Chapter 36.73 RCW,
and the provisions of the Governmental Accounting Act and RCW 43.09.210 as the same
exists or shall hereafter be amended. In the event that any provision of this Agreement is
held to be in conflict with existing state statute or any future amendment thereof, such
provisions shall be severable, and the remaining provisions of this Agreement shall remain
in full force and effect.
2. Obligations of the PTTBD. In accordance with the requirements of Chapter
36.73 RCW and Chapter 15.50 PTMC, the PTTBD agrees to:
A. Provide to the City all funding received from any and all lawful sources
that the PTTBD, in its sole discretion, may levy for the purpose of completing the PTTBD's
authorized projects.
B. Continue the annual provision of funding for transportation
improvements approved by the PTTBD, so long as the PTTBD remains in existence. Such
funding shall be in accordance with and limited by the provisions of Chapter 12.50 PTMC
and Chapter 36.73 RCW.
C. Develop an annual work plan and designate projects within its
jurisdiction for funding.
D. Reimburse the City for all costs the City paid to the Jefferson County
Auditor that are associated with placing the 0.3% sales tax ballot measure on the November
2023ballot, if the measure is approved.
3. Obliagliotis of the City. The City shall:
A. Provide all staff and necessary related support to the PTTBD. The
costs of such support shall be accounted for as part of the City's annual report to the PTTBD.
PTTBD funding shall first be applied to the reasonable charges incurred in establishing and
staffing the PTTBD. Annual services provided may include the services provided by the
City Attorney's Office, the City Clerk when serving as the Clerk of the PTTBD, the City's
Chief Financial Officer when serving as its Treasurer, and other employees of the City that
serve the PTTBD and any associated costs including, but not limited to, the preparation of an
annual work plan, reporting, advertising, design, contracting, construction management,
accounting, and any and all other actual charges or agreed upon percentage of charges
associated with the proper application of PTTBD funding in accordance with law and
ordinance. In consideration of the benefits derived by the City, overhead charges such as
utilities, information technology, office supplies, and equipment shall be a contribution of
the City to the parties' joint goals and objectives and need not be directly charged to the
PTTBD.
B. Maintain for the period established by the State Archivist retention
schedule, financial records, kept in accordance with general accepted accounting practice and
governmental accounting requirements, as necessary to document that any and all funding
received through the PTTBD is used only for the projects in accordance with law and
ordinance.
C. Immediately alert the PTTBD of any material changes in scope,
schedule, or cost increases of 20% or greater to improvements funded in part or whole with
PTTBD funds.
D. Utilize funding provided for projects shown on the PTTBD's annual
work plan in accordance with the PTTBD's material change policy, law, and ordinance. In
doing so, it is the intent of the parties that this funding supplement, not replace, existing City
funding sources for street improvements.
Owjic�� sly Streets and related transportation infrastructure preserved, maintained, and
improved with PTTBD funds are and shall remain the property of the City. No joint
property ownership is contemplated under the terms of this Agreement.
4. , o .1 itit l3k)ard. No provision is made for a joint board. The PTTBD shall
exercise its function in accordance with Chapter 36.73 RCW and Chapter 12.50 PTMC,
including any future amendments thereto, using staff as provided by the City, pursuant to
law and to this Agreement.
5. 0 1nlrrist. No indemnification is provided by this Agreement. The parties
agree to bear their respective liability for any acts or omissions resulting under this
Agreement as the same shall be determined under the laws of the State of Washington or any
mutually approved settlement agreement.
6. Termination. This Agreement shall terminate or expire as follows:
A. This Agreement may be terminated by either party upon the
provision of one hundred and eighty (180) calendar days' notice. A final reconciliation of
costs, payment, and a current report of completed activities shall be completed by City within
such period following the notice by either party.
B. Unless sooner terminated by either party, this Agreement shall expire
on the date the PTTBD is automatically dissolved in accordance with the provisions of RCW
36.73.170 and Chapter 12.50 PTMC, as the same exist or are hereafter amended.
7. Effective Date. This Agreement shall be effective upon the last authorizing
signature affixed hereto and when listed by subject on the City of Port Townsend website or
other electronically retrievable public source as required by RCW 39.34.040.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first written above.
CITY OF PORT TOWNSEND
ATTEST:
PORT TOWNSEND TRANSPORTATION
BENEFIT DIS 1 [
C.hanr ej•son
APPROVED AS TO FORM:
Alyssa Ro(#�es, City Clerk mood, City Attorney