HomeMy WebLinkAbout5374 - ILA - KPUD - KPUD-COB Fiber Optic NetworkContract Number:
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5374
PUBLIC UTILITY DISTRICT #1 OF KITSAP CO
ILA - Sharing Fiber Optic and IT Services and
Infrastructure
Water Resources
LEG 12-1
4/1/2014
3/31/2024
3/1/2024
Comments: Automatically renews two 5 year periods
INTERLOCAL AGREEMENT
BETWEEN PUBLIC UTILITY DISTRICT NO. 1 OF KITSAP
COUNTY AND CITY OF BREMERTON FOR SHARING FIBER OPTIC
AND INFORMATION TECHNOLOGY SERVICES AND
INFRASTRUCTURE
1. Parties. THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into
on the date referenced on the signature page by and between City of Bremerton ("COB")
and Public Utility District No. 1 of Kitsap County ("PUD"). Both of these parties are
municipal corporations organized under the laws of the State of Washington and make
this Agreement pursuant to the Interlocal Governmental Cooperation Act, RCW 39.34.
2. Purpose of Agreement. This Agreement sets forth the terms and conditions for PUD
and COB to construct and share fi6er optic and information technology services,
equipment and infrastructure. PUD and COB have developed fiber optic and technology
related systems, resources and facilities capable of being shared with �the other for the
mutual benefit of their citizens. It is the goal of both parties to develop appropriate
arrangements to achieve certain economies and efficiencies available upon cooperation
with each other to perform their respective responsibilities, and to make fiber optic and
technology systems available to each other and to their citizens consistent with legal
requirements applicable to municipally owned or operated facilities and infrastructure.
Both parties have determined that sharing specified fiber optic and other systems and
infrastructure will more effectively use the resources of both parties and provide
economies of scale, which will result in savings to the parties and their citizens.
3. Joint Access to Telecommunications Facilities. The parties agree to provide access to
telecommunications transmission facilities owned by each other such as underground
conduit and overheard transmission facilities. A party desiring access to these facilities
shall provide a written request to the other requesting access. The terms and conditions
of the access shall be determined on a case-by-case basis. The party providing the access
shall provide the terms and conditions for such access.
4. Sharin� of Fiber Optic Cable and Conduit. The parties agree that on a case-by-case
basis they will share and generally use fiber optic cable and conduit having excess
capacity to enable the parties to avoid over-building, duplication of fiber optic
infrastructure, and minimize costs when common trench lines can be used. These sharing
arrangements shall be negotiated on a case-by-case basis.
5. Initial Agreements. This Agreement memorializes the following existing sharing
arrangements agreed upon by the parties:
(a) Oyster Bay to Division Street Patch Panel. PUD has provided COB four dark
fibers from its existing fiber cable from the Oyster Bay Public Works Facility in
Bremerton to the Division Street Splice Case in Gorst. This dark fiber was provided in
consideration for Bremerton providing dark fiber identified in the subsequent paragraph.
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(b) Division Street to McKenna Falls. Bremerton has provided four dark fibers to
PUD from its 144 strand fiber optic cable in place between the Division Street Splice
Case in Gorst and its present terminating location at McKenna Falls.
(c) Norm Dicks Government Center (NDGC) and Fire Station 1. In exchange for the
PUD to be able to access the NDGC via COB conduit, PUD provided four strands of dark
fiber between NDGC and COB Fire Station 1.
6. Potential Future Cooperative Proiects. For future cooperative fiber projects, the PUD
and COB will determine and agree upon the following issues for the projects:
• Location of cooperative project
• Number of fibers allocated to each party
• Entity responsible for providing the conduit
• Entity responsible for installing the conduit
• Entity responsible for providing the fiber
• Entity responsible for installing the tiber
• Entity responsible for operation and maintenance
• Ownership
COB's Director of Public Works & Utilities is authorized to establish, approve and
administer future cooperative fiber projects under this Agreement on behalf of COB
pursuant to applicable COB codes and policies.
The following projects currently under consideration are examples of potential future
cooperative fiber projects between PUD and COB:
(a) Fiber Cable Extension to Cellular Site. COB agrees to allow PUD to use COB
conduit existing bet�veen Bremerton Pump Station 8 to Reservoir 23 to install fiber optic
cable. PUD agrees to convey fiber cables to COB by bill of sale at no charge to COB.
The conduit located between Pump Station 8 and Reservoir 23 currently contains six-
strand multi-mode fibers which Bremerton agrees can be replaced and used by PUD for
installation of the new fiber. PUD will require an easement for use of its conduit and for
the continuation of this fiber optic cable installation from Reservoir 23 to the cellular site.
PUD would be responsible for installation of the conduit and fiber from Reservoir 23 to
the cellular site.
(b) Fiber Cable Extension McKenna Falls to Casad Dam.
(c) Fiber from Pump Station 8 to Oyster Ba�perations Center.
(d) Bremerton Booster Station 10 at the Port of Bremerton.
(e) PS 2 at Anderson Creek.
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7. Operation and Maintenance. Operation and maintenance responsibilities will be
identified for each joint project. Each party agrees to maintain its own conduit and each
party agrees to maintain its own equipment ancillary to the fiber sharing provided
pursuant to this Agreement.
8. Real Proqertv. Any conveyance of real estate or interests in real estate will be conducted
pursuant to existing policies of the PUD and COB.
9. Indemnification. Each party shall defend, indemnify and hold the other party, its
officers, officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of
or in connection with the performance of this Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
In addition, PUD agrees to indemnify, defend, and hold COB harmless from any claims
that the work to be performed pursuant to this contract is outside of the existing
easements in favor of COB including but not limited to a water easement granted to COB
by the Five C's partnership. Should it be determined that PUD requires additional
easements for the activities to,be performed pursuant to this agreement, PUD agrees it
shall obtain its own easements at PUD expense. COB agrees to promptly tender any such
claims to PUD for resolution. Any costs incurred by the COB in such a challenge
including defense costs shall be paid by PUD.
10. Sharing of Hand Holes. During construction and installation activities by PUD utilizing
existing COB conduit or newly installed conduit, �PUD agrees to provide hand holes
constructed in accordance with specifications provided by COB. COB shall inspect and
approve these hand holes upon their completion. Use of the hand holes will be shared
equally by the parties to access their respective fiber optic cable contained within the
conduit.
11. Term of Agreement. This Agreement shall become effective on April 1, 2014 and shall
be effective for 10 years from the date of this Agreement ("Initial Term"). This
Agreement shall automatically be renewed for 2 successive 5 year periods unless written
notice of termination is given by either party at least 30 days prior to the termination of
Initial Term or its renewals. Failure of either party to notify the other of such termination
on or before that date shall cause this Agreement to automatically be renewed. After the
Initial Term and during any renewal term, either party may terminate this Agreement
upon 180 days prior written notice. Upon termination, both parties are granted the option
of removing its improvements or selling them to the other. The dark fiber swaps and
easement conveyances are not terminable.
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12. Governin� Law and Venue. If any dispute arises between the Parties under any of the
provisions of this Agreement, resolution of that dispute shall be available only through
the jurisdiction, venue and rules of Kitsap County Superior Court, Kitsap County,
Washington, unless otherwise agreed.
13. Insurance. Each party shall have in full force and affect, and continue to maintain in full
force and affect, all insurance policies currently in place for property and liability
coverage.
14. No Separate Entitv/Administration. The parties do not intend to create any new or
sepazate legal or administrative entity by this Agreement. No separate fund shall be
established. It is not contemplated that any property, real or personal, will be acquired by
either jurisdiction separately or jointly as a result of this Agreement.
15. Non-Discrimination. The parties shall not discriminate in any manner related to this
Agreement on the basis of race, color, national origin, sex, sexual orientation, religion,
age, marital status or disability in employment of the provision of services. •
16. Severabilitv. If any provision of the Agreement shall be held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of all parties.
17. Entire Agreement. This Agreement constitutes the entire agreement between parties.
Any modifications or amendments to this Agreement shall be in writing and shall be
signed by each party.
18. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this Agreement shall
be filed with the Kitsap County Auditor or alternatively, listed by subject on the public
web site of the parties hereto or on other electronically retrievable public source.
DATED this Z��day of ����� 2014
,
CITY OF BREMERTON
PUBLIC UTILITY DISTRICT NO. 1 OF
KITSAP COUNTY
��crr resident, Board of Commissioners
TEST:
City Clerk
.
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APPROVED AS TO FORM
� r A. Lubovic
City of Bremerton Attorney
R:\Lcgal\Legal\Contracts\Pl?BI.IC WORKS\2014 PUD II.A -Final.docx
APPROVED AS TO FORM
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William H. Brou ton
Kitsap PUD Attorney
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