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HomeMy WebLinkAbout9002AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap Study Session Date: August 23, 2017 County for Traffic Engineering Services COUNCIL MEETING Date: September 6, 2017 Department: PW&U Presenter: Phone: _Chal Martin (360) 473-5758 SUMMARY: This Interlocal Agreement provides a mechanism for Kitsap County to provide traffic engineering services to the City on a reimbursable basis, for 10 years and can be terminated at any time by either party by providing 10 days written notice. Please note this agreement contains indemnification language not supported by the City Attorney. This agreement, included as a package request to Kitsap County, did not receive prior specific authorization by the Council as did the street striping and paving interlocal agreements. Therefore it is being brought forward here as a separate item. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): No additional funds are required. This interlocal agreement will be used by the City for specific services only if the City has adequate funds budgeted and only if Kitsap County has staff time available' to support the City's request. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 77 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Kitsap County for Traffic Engineering Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: dApprove Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTON FOR TRAFFIC ENGINEERING SERVICES THIS INTERLOCAL AGREEMENT (Agreement) is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between Kitsap County (County), a political subdivision of the State of Washington, and the City of Bremerton (City), a municipal corporation of the State of Washington, (the parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the City of Bremerton requires traffic engineering services, and WHEREAS, the Kitsap County Public Works Department has the capability to provide this service to the City of Bremerton on a reimbursable basis. NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Kitsap County to provide traffic engineering services to the City of Bremerton. 2. ADMINISTRATION OF AGREEMENT: The Kitsap County Department of Public Works will administer this Agreement for Kitsap County. The Bremerton Public Works Department will administer this Agreement for the City of Bremerton. 3. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of the Agreement by both County and City and shall remain in effect until December 31, 2025. 4. TERMINATION OF AGREEMENT:. Either the County or the City may terminate this Agreement by giving ten days written notice to the other party. 5. REQUEST BY THE CITY: Whenever the City desires to obtain traffic engineering services, the City shall make a request for said work in writing, upon the form shown as Exhibit A, or by other written means that includes the information indicated by the form at Exhibit A. 6. REVIEW OF REQUEST: The requested Exhibit A's scope of work will be reviewed by the County Public Works Director, or his/her designee, as applicable, to ensure that the requested work can be completed in a timely and efficient manner. The County Public Works Director has the final decision as to required manpower and equipment needs. 7. APPROVAL OF REQUEST: The County Public Works Director, or his/her designee, will decide whether to approve the work request. 8. FULLFILLMENT OF REQUEST: If the County Public Works Director approves the City's request, as set forth in this Agreement, the County will perform the work requested. The requested work will be done at the convenience of the County. 9. COUNTY EMPLOYEES: County employees assigned to projects pursuant to this Agreement remain employees of the County at all times and shall perform the work requested under the sole supervision of the County. 10. FINANCIAL RESPONSIBILITY: In accordance with RCW 43.09.210, the City shall be solely responsible for all costs of the City's project or requested work, arid administration of all grant funds, if any, related to the City's project. 11. REIMBURSEMENT: In accordance with RCW 43.09.210, the City shall reimburse the County for all costs of direct and indirect labor, administration, equipment rental, engineering, materials and supplies for the work performed pursuant to this Agreement. The County shall submit a statement to the City after performance or delivery and within thirty (30) days the City shall remit thereon. 12. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 13. INDEMNIFICATION: A. To the fullest extent allowed by law, the City shall defend, indemnify and hold harmless at the City's sole expense, Kitsap County, its elected and appointed officials, officers employees and agents, from and against any and all claims, actions, demands, losses, damages, liabilities and costs, including, but not limited to, attorney fees and litigation costs, arising in connection with this Agreement, whether the demand, loss or claim is due to the negligence of the County, its elected and appointed officials, officers, employees, agents., or third parties, except that the City shall not be liable for injury or damages caused by the sole negligence or willful misconduct of Kitsap County, its elected or appointed officials, officers, employees or agents. B. Each party agrees to notify the other party within two weekdays of any claims made related to this Agreement. C. The indemnification provision shall survive the expiration or termination of this Agreement. 14. COMPLIANCE WITH REGULATIONS AND LAWS: The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 15. ASSIGNMENT: The parties shall not assign this Agreement or any interest, obligation Page 2 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services or duty herein without the express written consent of the other party. 16. ATTORNEY FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney fees. 17. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Kitsap County: Andrew Nelson, Director Kitsap County Public Works Department 614 Division Street, MS -26 Port Orchard, WA 98366 Phone: (360) 337-4866 To Bremerton - City of Bremerton 345 6th Street, Suite 600 Attn: City Clerk Phone: (360) 473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if' properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been .given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 18. INSURANCE: Each party shall maintain insurance adequate to cover all its reasonably foreseeable activities under this Agreement. 19. FILING: This document shall be filed with the County Auditor pursuant to chapter 39.34 RCW. 20. ENTIRE AGREEMENT: This Agreement and its Exhibit constitute the entire agreement between the parties, and the parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 21. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this agreement shall be brought in Pierce County Superior Court. 22. SEVERABILITY: If any provision of this Agreement, or any provision of any document incorporated by reference, shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. Page 3 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services Irda—yDated this of ,'GAC. , 2016 CITY OF BREMERTON Patty ent yor Aftst: AL�Aok'� Shannon Corin, City Clerk Approved as to form: Roger A. Lubovich, City Attorney Dated this 2-9—day of OUX&, '2016 BOARD OF COUNTY CO ISSIONERS KITSAP COUNTY, WASHINGTON Edw rd E. Wolfe, Chair AA 16,tf Charlotte Garrido, Commissioner Rob Gelder, Commissioner Dana Daniels, Clerk of the Approved as to Ki s�� V 1 of Civil Deputy Attorney Page 4 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY KITSAP COUNTY / CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Kitsap County Department of Public Works for the City of Bremerton. It is understood that this work will be done at the convenience of the City or County Department of Public Works and that the undersigned agency will reimburse all costs, unless, otherwise indicated. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Kitsap County Department of Public Works will be made promptly unless otherwise indicated in this Agreement. REQUESTING AGENCY: Address: Phone: FAX: Requested by: Name (Please Print) Title (Please Print) Signature: ACTION OF KITSAP COUNTY PUBLIC WORKS Date: APPROVED BY: DATE: Page 5 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Engineering Services Public Works Director or Designee MODIFIED BY: Modified as follows: DATE: Page 6 Interlocal Agreement Between Kitsap County and the City of Bremerton for Traffic Egineering Services