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Home My WebLink About4541Contract Number: 4541 Vendor: PUBLIC UTILITY DISTRICT #1 OF KITSAP CO Subject: Street Lights - Billing & Collection - Tracyton Department: PW Util File Class: LEG 12-1 Begin Date: 01/10/2p06 End Date: 12/31/2011 Review Date: 11/01/2011 Vault Date: Comments: 5 yr term commences on date of transfer Null & void unless transferred by 12/31/06 Automatic annual renewal after initial term INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE PUBLIC UTILITY DISTRICT NO.1 OF KITSAP COUNTY TO PROVIDE BILLING AND COLLECTION SERVICES FOR STREET LIGHTS WITHIN THE FORMER TRACYTON WATER DISTRICT WHEREAS the Interlocal Governmental Cooperation Act as codified in RCW 39.34 provides for interlocal cooperation and agreement between governmental entities, and WHEREAS the parties desire to enter into an interlocal agreement under the authority of that statute, Now therefore, the parties agree as follows: 1. PARTIES: This Interlocal Agreement is entered into. between the City of Bremerton, a municipal corporation (hereinafter "Bremerton") and Public Utilities District No. 1 of Kitsap County, a municipal corporation (hereinafter "PUD"). - 2. PURPOSE: The purpose of this agreement is to provide a mechanism allowing for the transfer of responsibility for street lighting to PUD so that the Tracyton Water District can be dissolved. Bremerton's agreement to provide billing and collection services for PUD -for street lights in Tracyton is an essential element of this agreement. 3. BREMERTON RESPONSIBILITIES: Bremerton agrees to bill and collect for street light services provided to former Tracyton Water District residents by PUD. Street light billings will be included with billings for water utility services. 4. PAYMENT FOR SERVICES: In consideration for Bremerton providing billing services, PUD agrees that Bremerton shall retain from its remittances to PUD $110 per month, which payment shall be subject to annual adjustment in January by an amount equal to the change of Consumer Price Index -Urban (CPI -U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the immediately preceding calendar year. 5. CUSTOMER SERVICE: 'Bremerton agrees that- it will be responsible for providing customer service to former Tracyton Water District residents who have questions about billing issues. All other customer service requests regarding street lights shall be referred by Bremerton to a contact person at PUD. PUD shall regularly provide, as needed, a list of contact persons at PUD who will provide customer service for issues such as installation, maintenance and removal of street lights. 6. TERM OF AGREEMENT AND TERMINATION: The initial term of this Agreement shall be five (5) years commencing on the date of transfer of the street lighting system from the Tracyton Water District to the PUD. In the event the transfer does not occur by December 31, 2006, this Agreement will become null and void. The Agreement will automatically renew annually after the initial five year term and continue until terminated. After the initial five year term, either party may terminate this Agreement upon one -hundred -eighty (18 0) days written notice to the other party. 7. PUD RESOLUTION: PUD will accept, by resolution, responsibility for the street lights in the area comprised of the former Tracyton Water District. PUD shall- annually set rates and charges to be billed by Bremerton to those former Tracyton Water District residents for 1 street lights. Bremerton agrees that in the event it needs to increase its administrative charge for billing services over and above the annual CPI pursuant to Paragraph 4 in order to cover its costs of service, it shall provide PUD 120 days' notice to allow PUD to increase street light rates to pay for this increased billing. Both Parties acknowledge and agree that these services are being provided at cost. 8. AUDIT AND ACCOUNTING: Bremerton agrees that PUD shall have the right to audit Bremerton's billings and receipt of payment upon reasonable notice to Bremerton. 9. LAW: This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington. 10. ENTIRE AGREEMENT: This Agreement contains the entire agreement and understanding of the parties with respect to the entire subject matter hereof, and there are no representations, inducements, promises or agreements, oral or otherwise, not embodied herein. Any and all prior discussions, negotiations, commitments and understandings relating to the subject matters hereof are merged herein. 11. AMENDMENT AND/OR MODIFICATION: Neither this Agreement nor any term or provision hereof, may be changed, waived, discharged, amended, modified or terminated orally, or in any manner other than by an instrument in writing signed by authorized representatives of the parties. 12. RIGHTS OF PARTIES: Nothing in this Agreement, whether express or implied is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to the Agreement, nor shall any provision give any third persons any right of subrogation or action over against any party to this Agreement. 13. WAIVER: The consent by a party to any act by the other party shall not be deemed to imply consent or to constitute the waiver of a breach of any provision hereof or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties or in the administration of any part of the provisions hereof be construed to waive or lessen the right of a party to insist upon the performance by the other party in strict accordance with the provisions hereof. 14. DUPLICATE ORIGINALS: This Agreement may be executed in duplicate originals. Dated this 1g,4lday of January , 2006. UTILITIES DISTRICT NO. 1 RM OF 19MWRTON R. Siburg By: CaryB 1 nager Its: Mayor R:\LEGAL\Files\Current Active Files\Tracyton Water DistrictUnterlocal agreement -street lighting.3.doc 2 KPUD CONNECTING KITSAP November 30, 2017 Mr. Roger A. Lubovich City Attorney City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 Kitsap Public Utility District PO Box 1989 1431 Finn Hill Road Poulsbo, WA 98370 360.779.7656 www.kpud.org DEC ® 4 2017 v4 City of Bemerton City Attorney's Office RE: Interlocal Agreement for Street Lights Responsibility in the former Tracyton Water District Dear Mr. Lubovich: Per Paragraph 7 (PUD', Resolution) of the subject Agreement, the rate and charges to be billed by the City of Bremerton to those former Tracyton Water District residents for street lights will remain $2.55 per month in 2018. Sincerely, --pi L ---- Dave Epperson Superintendent of Operations 360-626-7732 depperson@kpud.org N LU co MIh r;0 00 N N �%o °0 � 'fl r jalseH oLnv ssaim asaw is a o � Cl 2 COC rn nn=rnT I�� V 00Q 2 L�uJJUJ W ! C X 0 lL o 1Z U odao o � Cl Public Utility District No.1 of Kitsap County 1431 FINN HILL ROAD • P.O. BOX 1989 • POULSBO, WASHINGTON 98370 (360) 779-7656 • Fax (360) 779-3284 COMMISSIONERS JOHN ARMSTRONG LLOYD S. BERG LEE F. CALDWELL -0-" MANAGER DAVID R. SIBURG RESOLUTION NO. 06-01-24 A RESOLUTION authorizing Public Utility District No. 1 of Kitsap County to accept from Tracyton Water District the responsibility for street lighting within said District WHEREAS, the Public U#lit District No. 1 of Kilsap County (PUD), has determined that there is a need to transferr, responsibility for street lighting to '`UD to allow Tracyton Water District to be dissolved; an WHEREAS, th City of Bremerton has agreed to provide billing collection services for former Tracyton Nater District residents; and, �" \ WHEREAS, PUD the Tracyton Water District BE IT RESOLVE NO. 1 OF KITSAP COI within the Tracyton Watej RCW 57.08.044 and 57.08. ADOPTED 1 OF KITSAP CO' January 2006. ATTEST: �J WASHINGTON, at a. the >�blic Utility oKitsap Coi: for residents of OW 'UTILITY DISTRICT bility for street lighting ater Disirict pursuant to DISTRICT NO. on the 24th day of No. 1 I Commissioners V