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HomeMy WebLinkAbout0002 %�8� �On�� ��o, �°d 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 1 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. 2 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. 3 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 4 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 1 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 2 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 3 City /TBD Interlocal Agreement A T T A T. N4 Shannon Corm, Interim City Clerk Bed, y Hasart, reasurer/Board Clerk R \Legal\Legal\Files \Current Active Files \Transportation Benefit District \City -TBD Interlocal Agreement doc 4 City/TBD Interlocal Agreement