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HomeMy WebLinkAbout9033 AGENDA BILL CITY OF BREMERTON7A CITY COUNCIL Amended SUBJECT: Study Session Date: August 14, 2019 Interlocal Agreement and Utility, Street COUNCIL MEETING Date: August 21, 2019 Frontage & Traffic Study Agreement with the Department: City Attorney Quinault Indian Nation Presenter: Roger A. Lubovich Phone: (360) 473-2345 SUMMARY: Interlocal Agreement relating to public safety, utility services, payment in lieu of taxes, and related matters. Agreement ensuring the Quinault Indian Nation will contract with the City for all required services related to utilities. The subject land held by the Bureau of Indian Affairs (BIA) in trust for individual Indians. Such land is federally owned and therefore the agreements are required. ATTACHMENTS: 1) Interlocal Agreement; 2) Utility, Street Frontage & Traffic Study Agreement; and 3) Amended Pilot Fee Workup Spreadsheet; 4) Memorandum regarding updates to agreements FISCAL IMPACTS (Include Budgeted Amount): None. The Quinault Indian Nation will pay all costs of designing, engineering and constructing the extension. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement and Utility, Street Frontage, & Traffic Study Agreement with the Quinault Indian Nation; and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: 1'0Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON RELATED TO TRUST PROPERTY IN BREMERTON The Quinault Indian Nation("Nation")and City of Bremerton("City")enter this Interlocal Agreement ("Agreement") related to a public domain allotment held in trust by the United States and under Nation jurisdiction in Bremerton, WA, at 1321 North Callow Avenue ("Property") legally described as follows: PTN OF SE1/4 NE1/4, BEG 835.40FT N & 420.75FT W OF THE SE COR OF SEI/4 NE1/4 TH W 212FT TH N 162.7FT THE 212FT TH S 162.7FT TO POB WHEREAS, the Nation is a federally-recognized Indian tribe, and according to its Constitution (1975), is a sovereign government having governmental authority over all real property and lands held by the United States within the jurisdiction of the Nation; and WHEREAS,under federal law,Nation has criminal jurisdiction over Indian persons acting within trust lands under Nation jurisdiction; and WHEREAS, the Quinault Business Committee is the governing body of the Nation and has authority to enter agreements under the Quinault Indian Nation Constitution,Article V, § 3(a); and WHEREAS, the City is a municipal corporation of the State of Washington chartered pursuant to Chapter 35.22 RCW; and WHEREAS, the City and Nation may enter binding agreements under the State of Washington Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS,the Property is within the city limits; and WHEREAS, the parties desire to work cooperatively to protect the health, safety and welfare of all persons utilizing the Property and to address the impact from the development of the Property on the public safety services of the City, NOW,THEREFORE, in consideration of the mutual promises and benefits to each party arising from this Agreement,the Nation and City agree as follows: I. COMMITMENTS A. The City will: (1) Provide fire, law enforcement, and emergency medical services to all persons on the Property when dispatched by Kitsap 911 in the same manner as it responds to other properties within its jurisdiction. INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 1 of 6 (2) Bremerton Police Department("Bremerton Police")may conduct routine patrols and will respond to calls for service from the Property. (3) For crimes involving non-Indian suspects,the City will have jurisdiction. (4) For crimes involving Indian suspects,the Nation and the City will have concurrent jurisdiction. For purposes of this Section, "Indian" shall mean an enrolled member of a federally recognized Indian tribe. The City is committed to policing that is fair and objective and will not ask suspects about their race, ethnicity, natural origin, or cultural group. If, however, a suspect identifies himself or herself as an Indian or a third party identifies the suspect as an Indian: a. The Bremerton Police will contact the Quinault Police as soon as practicable to see how they want to proceed. This contact may occur after booking pursuant to subsection (b) below if the Indian suspect is booked in jail, depending on the circumstances. b. If the Quinault Police want custody of the Indian suspect,they will send an officer. Recognizing the significant distance between the Nation and the City, the Bremerton Police may book the Indian member into the Kitsap County Jail. c. When the Indian suspect is not booked, the Bremerton Police will forward an incident report to the Quinault Police. The Nation will file any resultant charges in Quinault Tribal Court. d. For violent crimes, Quinault Police will make reasonable attempts to immediately respond, which may include involvement of the FBI if required by federal law. Bremerton Police will secure the scene,begin the investigation and coordinate with Quinault Police and/or the FBI upon their arrival. e. The City and Nation police chiefs will establish policies as necessary to implement these procedures. (5) Any law enforcement officer acting pursuant to this Agreement shall turn over information to the agency having primary jurisdiction of said criminal activity, and shall fully cooperate with the agency having primary jurisdiction to assist with the follow-up investigation as requested by the other agency. Criminal investigations shall be conducted by the agency having primary criminal jurisdiction. Nation law enforcement officers shall have primary criminal jurisdiction over any Indian persons on the Property. City law enforcement officers shall have primary criminal jurisdiction over any non-Indian persons on the Property. (6) Track the level of effort by City responding to calls for fire, police and emergency services for one year after execution of this Agreement and determine after that time whether to re-negotiate the terms of this Agreement. INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 2 of 6 B. The Nation will: (1) Ensure that the Quinault Police will respond directly to calls from the Property involving Nation Indians. (2) In lieu of Business and Occupation Taxes; general fees for Police, Fire and Emergency Medical; and special assessments fees, the Nation shall pay a fee in lieu of taxes ("Pilot Fee") of $27,803.00 annually. After two years from the latest date this agreement is signed by the Bremerton Mayor and the Quinault Indian Nation President,the Pilot Fee will be renegotiated, and a new Pilot Fee will be agreed to in writing. Unless otherwise renegotiated and agreed to in writing, said renegotiated fee will remain in effect thereafter and will be annually and automatically adjusted each September 1st by applying the twelve month average Consumer Price Index ("CPP") rate published in June of each consecutive year. (3) Payfor anyactual transportation costs associated with transporting Nation Indian P P g persons to a medical facility if medical care is deemed necessary by responding law enforcement officer(s). (4) Pay for jail usage at the rate and fees set forth in any agreement established between the Nation and Kitsap County for the care, custody and release of Nation detainees in the Kitsap County Jail, and to reimburse the City for costs and fees as established pursuant to the jail contract, as currently entered into and as hereinafter amended between the City and Kitsap County, for jail services incurred by the City for Indians detained by City law enforcement officers when waiting for Nation response. (5) Utilize a garbage collection service to remove solid waste from the Property as long as it operates a business on said Property. (6) Not permit gaming activities on the Property except for lotteries as defined in RCW 9.46.0257 and punchboards and pull-tabs as defined in RCW 9.46.0273. (7) Not permit the sale of fireworks on the Property. (8) Not sell alcohol, marijuana or illegal drugs on the Property. (9) Pre-authorize the Bremerton Police to enforce Sections 9A.36.130 through 9A.36.180 of the Bremerton Municipal Code regarding trespass and other related violations. C. The parties agree to perform their respective obligations and responsibilities under this Agreement in good faith. The parties agree to work cooperatively to implement this Agreement and commit to addressing concerns and working together to resolve disputes promptly and cooperatively at a staff level. D. The parties agree to enter into an agreement(s) for water, storm water and sewer utility connection and services to the property pursuant to Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" and for street frontage improvements and a traffic impact analysis INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 3 of 6 for the property pursuant to Chapter 11.12 of the Bremerton Municipal Code entitled "Transportation Development Code". II. AMENDMENTS This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, except the Utility Frontage and Traffic Study Agreement. No modification or amendments shall be valid unless evidenced in writing and signed by all parties. III. IMMUNITY A. Except as set forth in Section IV. below, the Nation grants the City a limited waiver of sovereign immunity to be sued only to the extent necessary to enforce this Agreement, unless the Nation is otherwise protected from a claim under the Federal Tort Claims Act,with the following limitations: (1) The claim is made by the City, and not by any other party, whether an individual or an entity of any kind. The right to sue shall not be transferable. (2) The claim alleges a default by the Nation of one or more specific duties owed under the terms of this Agreement.No suit shall be had for any other reason. (3) The claim seeks either: a. Specific performance by the Nation to bring the Nation into compliance with the obligations or duties expressly assumed under this Agreement; or b. Payment of a monetary judgment arising from a default of an explicit duty, including the payment of fees and charges, owed by the Nation to the City under the terms of this Agreement;provided,that any resulting judgment shall be satisfied first through payment from the Nation's insurance,and if insurance coverage is not available or sufficient, then from the Nation's then-existing bank and financial accounts up to $500,000.00 per occurrence. (4) The claim is brought in the courts of the State of Washington with jurisdiction and venue in Kitsap County. B. Other than as expressly set forth in Section III,above,no other provision in this Agreement shall be deemed a waiver by the Nation of its sovereign immunity in any form, regardless of the terms used or material directly or indirectly referenced. IV. INDEMNITY As relates to any legal claims or lawsuits brought by third parties, each party to this Agreement shall be responsible and assume liability for its own wrongful and/or negligent acts or omissions, and for those of its officers, agents or employees to the fullest extent required by law, and shall indemnify,defend and hold the other parties harmless from any such liability, allegations, complaints, or claims of wrongful and/or negligent acts or omissions by said party and/or its INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 4 of 6 officers, agents, or employees to the fullest extent allowed by law. For the purposes of this Agreement only, and in particular this section, the Nation agrees that neither it nor its insurance company shall invoke the defense of sovereign immunity in response to a legal claim or lawsuit brought by a third party related to this Agreement. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence or fault attributable to each party and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The Nation specifically waives its sovereign immunity with regard to tortious conduct of tribal police officers when acting in the capacity of a general authority Washington peace officer, pursuant to RCW 10.92.020(2)(a)(ii), as further described in Subsections I(A) and (B) of this Agreement. The Nation will continuously insure or self-insure during the term of this Agreement pursuant to the requirements of RCW 10.92.020. The limitations set forth in Subsection III. (A)(3) above do not apply to this section. V. DISPUTE RESOLUTION A. In the event a dispute cannot be resolved informally between staff,either party may request in writing a government to government discussion between the Quinault Business Committee and the City Mayor, and the parties agree to attempt to resolve the dispute at the earliest opportunity. B. In the event the government-to-government discussion does not resolve said dispute, the parties will engage in mediation in good faith, with each party equally sharing the costs of mediation. The parties agree to cooperate with one another in selecting a mediator from a JAMS panel of neutrals and in scheduling the mediation proceedings. VI. SPECIFIC ENFORCEMENT In addition to any other remedy provided by law or this Agreement, the terms of this Agreement may be specifically enforced in federal court. VII. TERMINATION Either party may terminate this Agreement with sixty(60) days' advance written notice to the other party.Notice shall be mailed by certified U.S. mail to the elected official of each party (President and Mayor)and the attorney of each party (Quinault Attorney General and City Attorney). VIII. SEVERABILITY If any provision of this Agreement or its application is held invalid, the remainder of this Agreement shall not be affected. INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 5 of 6 This Agreement shall become effective upon the date fully executed below. QUINAULT INDIAN NATION CITY OF BREMERTON ►I \J.Lk Fawn R. arp, President Greg ` eler, Mayor Date 9/x1///9 Date °\ 121 1 iii? T: ATTEST: Ai / AlliP Onah 'atos‘r�nd-rwo'. ecr_ .ry Angela oods, City Clerk Approved as to form: Approved as to form: Lori Bruner, Sr. Asst. Attorney General Roger A. Lubovich, City Attorney INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON Page 6 of 6