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HomeMy WebLinkAbout9036AGENDA BILL CITY OF BREMERTON 5GCITYCOUNCIL SUBJECT: Study Session Date: September 11, 2019 Interlocal Agreement with Kitsap County and COUNCIL MEETING Date: September 18, 2019 Port of Bremerton for Snow Plowing within Department: PW&U the Olympic View Industrial Park Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The ILA provides for a cooperative effort between Kitsap County ("County"), Port of Bremerton ("Port") and the City of Bremerton ("City") in snow plowing of the roads within the Olympic View Industrial Park ("OVIP") if the responsible party cannot do so in a timely manner. The City and the Port have road maintenance responsibility for roads within the OVIP; Kitsap County has major Public Works functions located within the OVIP; and all three parties have road plowing capabilities. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): The City would be responsible for reimbursing the Port or County for the hourly wage and equipment costs associated with work under this ILA. STUDY SESSION AGENDA: 0 Limited Presentation Full Presentation STUDY SESSION ACTION: 0 Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County and Port of Bremerton for snow plowing within the Olympic View Industrial Park; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 00Approve Deny Table Continue No Action Form Updated 01/02/2018 Interlocal Agreement between Kitsap County, Port of Bremerton and City of Bremerton Regarding Road Plowing within the Olympic View Industrial Park I. PREAMBLE- This Interlocal Agreement (AGREEMENT) is by and between Kitsap County (COUNTY), a municipal corporation whose principal offices are located at 614 Division Street, Port Orchard, WA 98366, the City of Bremerton (CITY), whose principal offices are at Norm Dicks Government Center 345 6th St., Suite 100 Bremerton, WA 98337, and the Port of Bremerton (PORT), whose principal offices are at 8850 SW State Hwy 3, Bremerton, WA 98312. II. RECITALS WHEREAS, the CITY and the PORT have road maintenance responsibility for roads within the Olympic View Industrial Park, and WHEREAS, the COUNTY has major Public Works functions located within the Olympic View Industrial Park, including the Olympic View Transfer Station, the Household Hazardous Waste Facility and Public Works offices, and WHEREAS, all three parties have road plowing capabilities, and WHEREAS, the COUNTY, the PORT and the CITY now desire to enter into an AGREEMENT to provide a means for each party to assist the other/s in plowing of the roads within the Olympic View Industrial Park if the responsible party cannot do so in a timely manner. The Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the parties hereto to enter into this AGREEMENT, and WHEREAS, this AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. Exhibit A: Olympic View Industrial Park Road Map NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: III. AGREEMENT 1. Purpose The purpose of the AGREEMENT is to provide a mechanism for the COUNTY to plow PORT or CITY Roads within the Olympic View Industrial Park, the PORT to plow CITY roads with the Olympic View Industrial Park, and the CITY to plow PORT roads within the Olympic View Industrial Park. 2. Representatives No separate legal entity,joint venture or partnership is created or formed by this AGREEMENT. The following officials shall represent their respective party in all matters pertaining to the services to be rendered under this AGREEMENT. All requirements of the parties pertaining to 1 the services and materials to be rendered under this AGREEMENT shall be coordinated through the listed representatives. A. Kitsap County—Assistant Director Public Works — Utilities David Tucker, PE dtucker(a,co.kitsap.wa.us (360) 337-7292 B. City of Bremerton —Public Works Operations Manager Milenka Hawkins-Bates Milenka.Hawkins-Bates at7.ci.bremerton.waus (360) 473-5333 C. Port of Bremerton —Airport Manager Warren Hendrickson warrenh(Nportofbremerton.orq (360) 813-0828 If a representative listed above changes, the affected party will notify the other parties in writing of the new representative within 30 days. 3. Definitions A. CITY Roads — Imperial Way between State Route 3 and its first intersection with Barney White Road. Barney White Road between State Route 3 and Constance Drive B. PORT Roads —All roads within the Industrial Park not listed above as CITY roads. C. A map of the roads within Olympic View Industrial Park Road is attached as Exhibit A. 4. Communications A. - Pre Season — The representatives sentatives will communicate viahone conference e or face to face each calendar review earto October 1st to Y priorview this agreement and make plans for the upcoming winter. B. Pre-Storm—The representatives will make every effort to communicate via phone conference, electronic mail, or face to face prior to any winter storm predicted to bring at least'/2" of snow to the greater Bremerton Area to make plans for plowing the roads within the Olympic View Industrial Park. C. Pre-Plow—Prior to the CITY plowing PORT Roads, or the COUNTY plowing CITY or PORT roads, or the PORT plowing CITY roads, the party conducting the plowing will initiate communication with the party responsible for normal maintenance to obtain that party's permission to plow the roads. 5. Road Maintenance Responsibility A. The CITY remains responsible for the normal maintenance of the CITY roads, including plowing. 2 B. The PORT remains responsible for the normal maintenance of PORT roads, including plowing. 6. Plowing of CITY roads by PORT or COUNTY at PORT or COUNTY request A. Prior to the PORT or COUNTY plowing any CITY road, the PORT or COUNTY shall contact the CITY to determine the CITY's plowing plan, priorities, and timelines. B. If the PORT or COUNTY and CITY agree that it would be more efficient for the PORT or COUNTY to plow the CITY roads within the Olympic View Industrial Park, the PORT or COUNTY shall plow the CITY roads and report back to the CITY when complete. No request for reimbursement shall be made for this work. 7. Plowing of CITY roads by PORT or COUNTY at CITY request If the CITY requires assistance from the PORT or COUNTY to plow CITY roads, the CITY may contact either the PORT or COUNTY to request assistance. If the PORT or COUNTY plows the roads, the party plowing may request reimbursement per section 10 of this AGREEMENT. The party plowing the roads shall notify the CITY when complete. 8. Plowing of PORT roads by CITY or COUNTY at CITY or COUNTY request A. Prior to the CITY or COUNTY plowing any PORT road, the CITY or COUNTY shall contact the PORT to determine the CITY's plowing plan, priorities, and timelines. C. If the CITY or COUNTY and PORT agree that it would be more efficient for the CITY or COUNTY to plow the PORT roads within the Olympic View Industrial Park, the CITY or COUNTY shall plow the PORT roads and report back to the CITY when complete. No request for reimbursement shall be made for this work. 9. Plowing of PORT roads by CITY or COUNTY at PORT request If the PORT requires assistance from the CITY or COUNTY to plow PORT roads, the PORT may contact either the CITY or COUNTY to request assistance. If the CITY or COUNTY plows the roads, the party plowing may request reimbursement per section 10 of this AGREEMENT. The party plowing the roads shall notify the PORT when complete. 10. Reimbursement A. The CITY shall reimburse PORT or COUNTY for the hourly wage, equipment costs, and overhead associated with wit-h plowing CITY roads if the CITY asks the PORT or COUNTY to plow them. No reimbursement shall take place if the PORT or COUNTY plows CITY roads without a CITY request to do so. B. PORT shall reimburse CITY or COUNTY for the hourly wage, equipment costs, and overhead associated with plowing PORT roads, if the PORT asks the CITY or COUNTY to plow them. No reimbursement shall take place if the CITY or COUNTY plows PORT roads without a PORT request to do so. 3 C. The party seeking reimbursement shall submit a written invoice within 30 days of conducting the plowing. All reimbursements shall be paid within 30 days of invoice receipt. 11. Property This AGREEMENT does not contemplate any jointly financed activity, except as stated above, and does not contemplate the joint acquisition of property by the parties. 12. Indemnity It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, and those of its officers, agents, and employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of multiple parties, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. For the purposes of this indemnification, the parties specifically and expressly waive any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW. This waiver has been mutually negotiated and agreed to by the parties. The provision of this section shall survive the expiration or termination of the Agreement. 13. Termination Any party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a thirty (30) day written notice of intent to terminate to the other party. 14. Duration of Agreement This Agreement is in effect from the date of the last signature block through December 31, 2025. I/ // / 4 f 15. Filing This AGREEMENT shall be filed with the County Auditor following execution by all parties. Dated this g''day of+_,!t,' , 2019 Dated this M day of OM ea., 2019 PORT OF BREMERTON') BOARD OF COUNTY COMMISSIONERS '` '/ KITSAP COUNTY, WAS NGTON I' • i Lar ,•i;`o es. :dent 1";tv . o e, Chair 7 „�' --- ,-. NOT PRE au-_-_-._m Cary Bozeman, Vice Preside t Chariot - -rrido, Commissioner Excused .r.!�� >- ... . .. Axel StrakPljahn, Secretary Robe e ter, Corn ' sioner ATTEST: ���..�• OF C♦ ) � barta- Dow e6 i _ _ •m 1���,.�,-_ •moo' Dana Daniels, Clerk of the Board'sr� a,'«cSk, o�.'�,, Dated this ZAbt'day of SJs r 2019 �� >NG1 .• *,,j C TY OF BREMERTON Greg ler,Mayor 5 S - . • C..71-4,Vr T 14. .fg .1....-/Ej:1 SJV • • Figure 1:Roads within Olympic View Industrial Park 6 KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS 614 DIVISION STREET(MS-26). PORT ORCHARD. WA 98366-4699 1 KITSAPI: 360.337.5777 I KITSAI'GOV.COM WASNINoT October 23, 2019 City of Bremerton Milenka Hawkins-Bates, Public Works Operations Manager 345 6th Street Bremerton, WA 98337 RE: Contract KC-540-19; Interlocal Agreement Regarding Plowing Dear Ms. Hawkins-Bates, Enclosed for your file is a fully-executed copy of Contract KC-540-19. Sincerely, ilan_17) Karen Hagstrom Office Support Specialist Stormwater Division (360) 337-5662 kd hadstrco.kitsap.wa.us enclosures l) \' ai ROAD MAINTENANCE • ROAD ENGINEERING • TRANSPORTATION !i\� ^ SOLID WASTE • SEWER UTILITY • STORMWATER • EQUIPMENT SERVICES • SUPPORT SERVICES • PUBLIC INFORMATION dy/0 4•P.W•,.