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INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BREMERTON,WASHINGTON AND
THE BREMERTON TRANSPORTATION BENEFIT DISTRICT
This agreement between the City of Bremerton, Washington ("City"), and the Bremerton
Transportation Benefit District ("TBD"), each of whom is organized as a Municipal Corporation
under the laws of the state of Washington, is entered into on the date fully executed below.
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;
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 RCW 35.22.280;
WHEREAS, pursuant to Ordinance No. 5076, codified in Chapter 11.25 Bremerton
Municipal Code ("Chapter 11.25 BMC") the TBD was created to provide adequate funding for
transportation improvements that preserve, maintain, improve and, as appropriate, construct or
reconstruct the existing transportation infrastructure of the City consistent with and Chapter
36.73 RCW;
WHEREAS, the City and the TBD entered into this Interlocal Agreement on or about
February 15, 2012, 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 Gity;
WHEREAS, this amended Interlocal Agreement updates language relating to the
provision of City staff and resources to the TBD and other related amendments; 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. Recitals. The recitals set forth above are hereby incorporated by reference.
2. Purpose and Interpretation. The City is empowered by Title 35 RCW to construct,
reconstruct, maintain and preserve City streets and other related public infrastructure either by
contract or through the use of City forces. The TBD 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 TBD has no employees and its officers are either City Council Members serving in
an ex officio capacity or are City employees designated to serve under the provisions of state
law. In order to make the most efficient use of public monies, to avoid duplication of effort and
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City/TBD Interlocal Agreement—2014 updates
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 11.25 BMC, 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.
3. Obli�ations of the TBD. In accordance with the requirements of Chapter 36.73 RCW,
Chapter 11.25 BMC, the TBD agrees to:
3.1 Provide to the City all funding received from any and all lawful sources, net
administrative expenses, which the TBD in its sole discretion may levy for the purpose of
making transportation improvements that preserve, maintain and improve the transportation
infrastructure and related infrastructure of the City.
3.2 Continue the annual provision of funding for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City so long as the TBD
remains in existence. Such funding shall be in accordance with and limited by the provisions of
Chapter 11.25 BMC and Chapter 36.73 RCW.
3.2.1 Shall hold public hearings prior to levying any charge, tax or fee and shall
levy any charge, tax or fee only in accordance with law and ordinance;
3.2.2 Develop an annual work plan and designate projected street maintenance,
preservation and improvement projects within City for funding; and
3.2.3 Pursuant to RCW 36.73.160(1), shall develop a material change policy to
consider at a minimum the impacts and appropriate remedies if transportation improvements
contained in its annual plan exceed its original cost by more than 20%. In such case, the TBD
shall hold a public hearing to solicit comment from the public regarding how the cost change
should be resolved. The obligations of this agreement shall be interpreted and applied in a
manner consistent with this adopted policy.
4. Obligation of the Citv. The City shall:
4.1 Provide staff support and other resources to the TBD.
4.1.1 In consideration of the benefits derived by the City, services provided by
City staff that serve the purpose of administration of the TBD, including, but not limited to
financial, legal, clerk, engineering administration, and the overhead within these administrative
services including budgeting, reporting, advertising, accounting, utilities, information
technology, office supplies, and equipment shall be a contribution of City to the parties'joint
goals and objectives and need not be directly charged back to the TBD, unless otherwise required
by law.
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City/TBD Interlocal Agreement—2014 updates
4.1.2 The indirect and direct costs of project support shall be eligible costs of
District funds. The eligible costs shall include but are not limited to engineering design, project
bidding, construction management and inspection, project accounting and other related project
expenditures.
4.1.3 All costs of annual audits shall be borne by the District. All costs
associated with the issuance of debt shall be paid by the District.
4.2 The following City staff, or their authorized designee, shall serve the TBD as
follows:
a) City's Director of Financial Services shall serve as Treasurer,
b) City Attorney shall serve as Board Attorney,
c) Director of Public Works &Utilities shall serve as Project Coordinator,
d) City Clerk shall serve as Secretary,
e) City Council staff shall serve as TBD Board staff, and
fl other staff as agreed to by the City and the TBD deemed necessary to implement
the programs of the TBD.
4.3 In addition to the staff support and resources set forth in Subsection 4.1 above, the
City's Public Works Committee may be used by the TBD as a resource to review, consider and
provide recommendations to the TBD regarding the annual work plan, transportation
improvements to be included therein and other items related to the operation of the TBD.
4.4 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 TBD is used only for the maintenance, preservation and improvements of
City streets and infrastructure in accordance with law and ordinance.
4.5 Utilize all funding provided by the TBD for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City as shown and
prioritized on the TBD's annual work plan in accordance with Chapter 11.25 BMC and Chapter
36.73 RCW. In doing so, it is the intent of the parties that this funding supplement, not replace,
existing City funding sources for street improvements.
5. Ownership. Streets and related transportation infrastructure preserved, maintained and
improved with TBD funds are and shall remain the property of the City. No joint property
ownership is contemplated under the terms of this agreement.
6. No Joint Board. No provision is made for a joint board. The TBD shall exercise its
function in accordance with the applicable statute, using staff as provided by the City, pursuant
to this agreement.
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City/TBD Interlocal Agreement—2014 updates
7. No Indemnitv. 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.
8. Termination. This agreement shall terminate or expire as follows:
8.1 This agreement may be terminated by either party upon the provision of three
hundred and sixty-five (365) 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.
8.2 Unless sooner terminated by either party, this agreement shall expire on the date
the District is dissolved in accordance with provisions of Chapter 11.25 BMC, as currently
enacted or hereinafter amended.
JIN WITNESS WHEREOF, the parties have executed this agreement on this �day of
l.c� , 2014.
CITY OF BItEMERTON BREMERTON TRANSPORTATION .
BENEFIT DISTRICT
� � .
By. _ B
Patty Le , ayor Dino Davis, Board President
Date: �� �� I —�� Date: `��
ATT
B •
Shannon Corin, Board Secretary
R:\Legal\Legal\Files\Current Active Files\Transportation Benefit District�2014\City-TBD Interlocal Agrecment-2014(Clean).doc
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City/TBD Interlocal Agreement–2014 updates
- 7�/ 6e?1w,1 lV �aa
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BREMERTON, WASHINGTON AND
THE BREMERTON TRANSPORTATION BENEFIT DISTRICT
This agreement between the City of Bremerton, Washington ( "City "), and the Bremerton
Transportation Benefit District ( "TBD "), each of whom is organized as a Municipal Corporation
under the laws of the state of Washington, is entered into on the date fully executed below
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,
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 RCW 35 22 280,
WHEREAS, pursuant to Ordinance No 5076, codified in Chapter 1125 Bremerton
Municipal Code ( "Chapter 1125 BMC ") the TBD was created to provide adequate funding for
transportation improvements that preserve, maintain, improve and, as appropriate, construct or
reconstruct the existing transportation infrastructure of the City consistent with and Chapter
36 73 RCW,
WHEREAS, the City and the TBD desire to better coordinate their efforts in order to
pursue their individual, point 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 Recitals The recitals set forth above are hereby incorporated by reference
2 Purpose and Interpretation The City is empowered by Title 35 RCW to construct,
reconstruct, maintain and preserve City streets and other related public infrastructure either by
contract or through the use of City forces The TBD 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 TBD has no employees and its officers are either City Council Members serving in
an ex officio capacity or are City employees designated to serve under the provisions of state
law. 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 1125 BMC, 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
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City/TBD Interlocal Agreement
any future amendment thereof, such provisions shall be severable, and the remaining provisions
of this agreement shall remain in full force and effect
3 Obligations of the TBD In accordance with the requirements of Chapter 36 73 RCW,
Chapter 1125 BMC, the TBD agrees to
3 1 Provide to the City all funding received from any and all lawful sources, net
administrative expenses, which the TBD in its sole discretion may levy for the purpose of
making transportation improvements that preserve, maintain and improve the transportation
infrastructure and related infrastructure of the City
32 Continue the annual provision of funding for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City so long as the TBD
remains in existence Such funding shall be in accordance with and limited by the provisions of
Chapter 1125 BMC and Chapter 36 73 RCW
3 2 1 Shall hold public hearings prior to levying any charge, tax or fee and shall
levy any charge, tax or fee only in accordance with law and ordinance,
3 2 2 Develop an annual work plan and designate projected street maintenance,
preservation and improvement projects within City for funding, and
3 2 3 Pursuant to RCW 36 73 160(1), shall develop a material change policy to
consider at a minimum the impacts and appropriate remedies if transportation improvements
contained in its annual plan exceed its original cost by more than 20% In such case, the TBD
shall hold a public hearing to solicit comment from the public regarding how the cost change
should be resolved The obligations of this agreement shall be interpreted and applied in a
manner consistent with this adopted policy
4 Obligation of the City The City shall
41 Provide staff support and other resources to the TBD In consideration of the
benefits derived by the City, overhead charges such as staff support as well as utilities,
information technology, office supplies, equipment and other resources as agreed upon shall be a
contribution of the City to the parties' point goals and objectives and need not be directly charged
to the TBD, unless otherwise required by law Staff support provided may include the services of
the City Attorney, the City Clerk when serving as Clerk of the TBD, the City's Director of
Financial Services when serving as its Treasurer, City Council staff and other staff deemed
necessary to implement the programs of the TBD
42 In addition to the staff support and resources set forth in Subsection 4 1 above, the
City's Public Works Committee may be used by the TBD as a resource to review, consider and
provide recommendations to the TBD regarding the annual work plan, transportation
improvements to be included therein and other items related to the operation of the TBD
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City /TBD Interlocal Agreement
43 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 TBD is used only for the maintenance, preservation and improvements of
City streets and infrastructure in accordance with law and ordinance
44 Utilize all funding provided by the TBD for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City as shown and
prioritized on the TBD's annual work plan in accordance with Chapter 1125 BMC and Chapter
36 73 RCW In doing so, it is the intent of the parties that this funding supplement, not replace,
existing City funding sources for street improvements
5. Ownership Streets and related transportation infrastructure preserved, maintained and
improved with TBD funds are and shall remain the property of the City No ,joint property
ownership is contemplated under the terms of this agreement
6 No Joint Board No provision is made for a _joint board The TBD shall exercise its
function in accordance with the applicable statute, using staff as provided by the City, pursuant
to this agreement
7 No Indemnity. 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
8 Termination This agreement shall terminate or expire as follows
81 This agreement may be terminated by either party upon the provision of three
hundred and sixty -five (365) 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
82 Unless sooner terminated by either party, this agreement shall expire on the date
the District is dissolved in accordance with provisions of Chapter 1125 BMC, as currently
enacted or hereinafter amended
IN WITNESS WHEREOF, the parties have executed this agreement on the date first
written above
CITY OF BREMERTON BREMERTON TRANSPORTATION
BENEFIT DISTRICT
Patty Lenq4a Adam Brockus, Board President
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City /TBD Interlocal Agreement
A T T A T.
N4
Shannon Corm, Interim City Clerk Bed, y Hasart, reasurer/Board Clerk
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City/TBD Interlocal Agreement