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Home My WebLink About5340 Contract Number: 5340 Vendor: KITSAP COUNTY Subject: ILA KC 420-13 Joint Land Use Study for Naval Base Kitsap Department: DCD File Class: LEG 12-1 Begin Date: 10/1/2013 End Date: 9/30/2015 Review Date: 9/1/2014 Vault Date: 2015 Comments: Amendment KC-420-13A `� KC-420-13A CONTRACT AMENDMENT This CONTRACT AMENDMENT is made and entered into between KITSAP COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366, hereinafter"COUNTY", and City of Bremerton, hereinafter "CITY." In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract, numbered as Kitsap County Contract No. KC-420-13, and executed on 12/9/13, shall be amended as follows: 1. Section A shall be amended to read as follows: The period of performance of this agreement shall commence on October 1, 2013 and be completed by September 30, 2015 unless terminated or modified as provided herein. 2. If this Contract Amendment extends the expiration date of the Contract, then the City shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date. The City shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS-7, Port Orchard, WA 98366. 3. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. a �` KC- 420-13A This amendment shall be effective upon execution by the parties. �d I ,��" DATED this� day ��I��,,�r� , 2015. DATED this day A��'vr�,2015. � (',O iVi�� BOARD OF COUNTY COMMISSIONERS QO�'C PT E O��iG KITS TY, 1 GTON Q:� . R 4 � � �'� Chair �; :� ROBERT EL ER, : �� G�°�� ,� A . �. . � ... S`�qp CQv� EDU�ARD E. WO , Commissioner �� ESENr CHARLOTTE GARRIDO, Commissioner ATTEST: ��v �c-�Dana Daniels, Clerk of the oard CONTRACTOR F' r � b1' �Y�l/YI�►'�n Date: D� �3 �S (Signat Pr' t Name: ,�e�rt Title: �Q-c.lD✓ Contractor Registration No.: Fe eral ax ID No.: � - Iz�� Contract Number: Vendor Sub�ect: Department File Class. Begin Date End Date: Review Date: Vault Date: Comments• 5340 KITSAP COUNTY ILA KC 420-13 Joint Land Use Study for Naval Base Kitsap DCD LEG 12-1 10/1/2013 3/31/2015 9/1/2014 2015 INTERLOCAL AGREEMENT KC-420-13 Between KITSAP COUNTY And CITY of BREMERTON This Interlocal Agreement ("Agreement") is made and entered mto, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39 34, RCW, between Kitsap County, hereinafter referred to as "Krtsap," and City of Bremerton, heremafter referred to as"ENTITY." A. PE�O�D O� PE�012NIANCE The period of performance of this agreement shall commence on October 1, 2013 and be completed by 1Vlarch 31, 2015 unless termmated or modified as provided herem B PUIltPOSE Krtsap County is a recipient of an Department of Defense (DOD) grant administered by the Office of Economic Ad�ustment, herein referred to as OEA This OEA administered Department of Defense Communrty Plamm�g Assistance Fund grant is entitled Joint Land Use Studv for Naval Base %itsap (NBK JLUS) (KC-315-13) The purpose of tlus Interlocal Agreement is to provide funds to City of Bremerton as an Entity described m the above trtled grant to assist Kitsap County m carrymg out the activities specified m Exhibrt A, Scope of Work This Agreement consists of the following documents. 1 Interlocal Agreement 2 Exhibrt A Crty of Bremerton NBK JLUS Scope of Work 3 Exhibrt B. Crty of Bremerton NBK JLUS Budget " C REIMB�JRSEIVIENT AND CASH MATCYi REQUI�tE1V�ENT As shown m Exhibit B, the ENTITY's total billmg to Kitsap County and reimbursement to the ENTITY shall not exceed $23,895 The ENTITY is not responsible for grant match The ENTITY will submrt mvoices at least quarterly and not more than monthly Invoices will rtemize the tasks and work performed The ENTITY shall maintain adequate records to support billmgs under this Agreement D ADIVIINISTRATION No separate entrty is bemg created by this Agreement Each representative shall represent lus/her �urisdiction in all matters pertairung to the services rendered under this Agreement All requirements of the ENTITY pertaining to the services to be rendered under this Agreement shall be coordmated through the Krtsap County Representative Representatives are 1 Kitsap County Kathlene Barnhart (360)337-4601, kbarnhar@co kitsap wa us 2 City of Bremerton Allison Daniels (360)473-5275, Allison daniels@ci.bremerton wa us E ACQ�JIS�T'IO1�T OF PItOPER'TY Any property acquired by Kitsap County pursuant to this agreement shall remain property of Kitsap County, and any property acquired by the ENTITY pursuant to tlus agreement shall rema.in property of the ENTITY F INDEMNIF'ICA�'�Ol�i AN13 HOLI) I�A�t1VII,ESS 1 The County shall not be liable under any contracts or obligations of the ENTITY except as otherwise provided pursuant to tlus Agreement, or for any act or omission of the ENTITY or the ENTITY's officers or agents, and the ENTITY agrees to defend, indemnify and hold harmless the Krtsap County from any and all losses, damages, costs and expenses (mcludmg reasonable attorneys' fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by the ENTITY, its employees, independent contractors or volunteers m connection with this Agreement 2 The ENTITY shall not be liable under any contracts or obligations of the Krtsap County, except as otherwise provided pursuant to this Agreement, or for any act or omission of the Krtsap County or the Kitsap County's officers, employees or agents, and the Krtsap County agrees to defend, mdemrufy and hold harmless the ENTITY from any and all losses, damages, costs and expenses (includmg reasonable attorneys' fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by the Kitsap County, rts employees, mdependent contractors or volunteers in connection with this Agreement 3. The ENTITY and the Krtsap County agree to notify each other of claims made related to this agreement 4. Solely for purposes of these mdemnification and hold harmless provisions, each party waives rts immumty under Trtle 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that the parties mutually negotiated this waiver 5 These mdemmfication and hold harmless provisions shall survive the expiration or termmation of this Agreement G YNSiTRANCE Workers Compensation The ENTITY agrees to comply wrth all State requirements related to Workers Compensation Insurance H STATUTORY ANID REGULATORY COMPLIANCE The ENTITY and Krtsap County shall comply wrth all applicable federal, state, and local laws, ordinances, rules regulations, guidelmes, and standards applicable to any service provided pursuant to this Agreement Both parties agree to comply wrth provtsions of the Americans with D�sabil�hes Act and all regulations interprehng or enforcing such act I. NONDISCiZYlVIINATION The parties hereto shall not discnminate agamst anyone in providmg services under this Agreement on the grounds of race, color, sex, religion, national ongm, creed, marrtal status, age, Vietnam era or disabled veterans' status, or the presence of any sensory, mental or physical handicap C�-IANGES O�t 1VI0�➢IF�CA'TIONS The ENTITY may, at any time, by written notification to the Kitsap County, request changes within the general scope of services to be performed under this Agreement Any changes or modifications require mutual agreement by the parties, provided the changes or modifications are to meet pro�ect deliverables through shifting effort and funding between tasks, written approval by the Kitsap County pro�ect manager is required For any other changes, a contract amendment shall be executed by both parties and an equrtable adjustment of cost or period of performance or both may be made if required by the changes K 'I'EItMINA'I'ION OF E1G�EIV�ENT Either party may termmate this Agreement wrth thirty (30) days written notice L OEA GRAN'T PAR"I'NER OEA Grant status• ENTITY is receiving the funds set forth herein as part of an award from a grant agreement FAIN HQ00051310127 between the OEA and Krtsap County (KC-315-13), which is incorporated by this reference The ENTITY agrees to be bound by and comply with that grant agreement's terms and conditions M ALL WRIT�NG CONTAINED HEY�IN This Agreement contams all the terms and condrtions agreed upon by the parties No other understandings, oral or otherwise, regarding the sub�ect matter of this Agreement shall be deemed to exist or to bind any of the parties hereto N RECORIDING Pursuant to RCW 39 34 040, this Agreement shall be filed with the Krtsap County Auditor O GOVERNING LAW & VENUE This Agreement shall be governed by and construed in accordance wrth the laws of the State of Washmgton The venue for any action to enforce or interpret tlus Agreement shall be in the Superior Court of Washmgton for Kitsap County P WAIVEIt A failure by any part to exercise rts nghts under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constrtute a waiver of other rights under this Agreement unless stated to be such in a wrrting signed by an authorized representahve of the party and attached to the original Agreement Q 1VIULTIPLE ORIGINALS This Agreement may be executed in multiple copies, each of which shall be deemed an ongmal. R SEV�RA�II.I'I'Y If any provision of this Agreement or any provision of any document mcorporated by reference shall be held invalid, such mvalidity shall not affect the other provisions of this Agreement that can be given effect wrthout the invalid provision, if such remainder conforms to the reqiurements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable IN WITNESS WHEREOF, this Agreement was executed by the parties on the dates heremafter indicated DATE City of Bremerton Principal Mayor, City of Bermerton � Oz-o�- a4 Date APPROVED AS TO FORM ONLY Name Crty of Bremerton Prosecuting Attorney L0.lG BOARD OF COUNTY COMMISSIONERS � G O N� l�j o�r,�� PT E p,C: `.r�0 � '2 Q. � , �' .� � 9 O� � � �T syi�� s,� � ATTEST ►�y KITSr4P COUNTY, WASFfiNCTON � ��.�,� SH BROWN, Chair f ni / _ �w A CHARL.OTTE � ; i/► �I.' ��. �i/ �J. . -- . _ �. �. - - . - :.. . , Comrpissioner DO, Commissioner EX�IgBIT A: KC-420-13 TASKS AND IDEL�VEItABI,ES 'Task 1: Project Initiation and Administration This task mcludes any necessary refinements to the JLUS Work Plan The Crty of Bremerton will work wrth Kitsap County and the consultant on this task to review drafts, provide comments and publish final plans The City shall provide Krtsap County wrth Performance Reports on a quarterly basis, begmning 10/O1/13-12/31/13 (due O1/31/2014) Generally, these shall accompany quarterly invoicing 'I'ask 2: Community Organization and 1VIeetings Provide staff time and resources to support consultant produced JLUS presentations and other display products Th�s mcludes performmg initial outreach to existmg commumty councils, organizations, civic groups and neighborhood commumties that have an existmg and ongomg relationslup wrth the City An mrtial JLUS visiomng session and several public mformational workshops will be scheduled and held in the vicmity of the pro�ect area at key milestone points m the study for the public to provide input This task shall encompass all outreach associated wrth other tasks for this pro�ect Task 3: Technical Committee Participation The Crty will participate m a Techmcal Committee, comprised of professional planners, managers and techrucal staff from each of the participating �urisdictions and other key stakeholders This Committee will be assembled to serve as the technical advisory body to the JLUS Policy Committee and will contribute to and assist contractor services to identify, collect, synthesize and review land use data and other technical mput throughout the study process �'ask 4: Data Collection, Inventory and Mapping Tlus task includes the generation, preparation and collection of all relevant data from the Crty in order to conduct the analysis phase of the JLUS plannmg process The consultant will assist m consolidating the data into smgle, usable formats, primarily using GIS The Crty shall provide these GIS layers and/or data, including but not limrted to• • Land use and comprehensive plan designations • Zonmg designations • Shoreline Master Program environment designations • Legacy lots and non-conforming uses • Proposed densrties by development type and patterns • Proposed caprtal improvement and capital facilities plans/pro�ects • Cntical areas and other sensrtive biological andlor cultural resource axeas s Nearshore public access srtes • Agriculture surtability factors • Special resource areas (aquifer recharge zones, wetlands, wellhead protection zones, etc ) • Land and sea based mobility corridors and transportation systems • Population forecasts and pro�ected growth trends depicted geospatially �aslc 5: Conflict Analysis and Resolution The City will work directly wrth the consultant to o Develop resolution strategies for current conflicts o Develop resolution strategies and hmeline for future conflict areas o Develop resolution strategies to support compatible land uses o Identify model planrung tools and techruques to guide compatible development o Propose model regulations-local, State and Federal. o Develop a process at the local level for cities and counties to work with the State of Waslungton, Naval Base Kitsap, Department of Defense Sitmg Clearmghouse, and other Federal Agencies to support compatibility between development of regional renewable energy resources an military operations, mcludmg test and traimng activrties o Develop recommendations on transportation irifrastructure resulting from future milrtary mission needs and relate to transportation requirements for future development o Develop a tool box of policies, regulations, ordinances, agreements, etc to address existmg mcompatibility issues and guide future compatible development to protect and preserve military readiness and defense capabilrties while supporting contmued commumty economic development a Review potential solutions o Assist m presentations of potential solutions to JLUS Policy Committee for review and comment • Assist in solicitmg public mput to potential solutions 'I'ask 6: I)raft Plan and Implementation Strategy The Crty will work with pro�ect partners and consultant to develop an appropnate implementation strategy for JLUS recommendations, review draft plan ��IBgT � KC-420-13 B�JDGE'T: ' Task 1. ProJect Initiation and Administration $5,617 30 Task 2 Community Organization and Meetings $4,321 00 Task 3 Techmcal Committee Participation $2,160 50 Task 4 Data Collection, Inventory and Mapping $3,456 80 Task 5 Conflict Analysis and Resolution $4,882 60 Task 6 Draft Plan and Implementation Strategy $3,456 80 Total Budget: $23,895.00