HomeMy WebLinkAboutAmendment to ILA - KPUD-COB Fiber Optic Network Expansion
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Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF BREMERTON AND KITSAP PUBLIC UTILITY DISTRICT
NO. 1 AND CITY OF BREMERTON FOR SHARING FIBER OPTIC AND
INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE
____________________
THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into
pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on
the ________ day of ________________________, 2021, by and between the Kitsap Public
Utility District (KPUD) and the City of Bremerton (City) (the Parties).
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS, Kitsap Public Utility District owns and operates a fiber optic system
throughout Kitsap County, and
WHEREAS, both parties have entered into an interlocal agreement (ILA) on March 21,
2014 and wish to amend that ILA,
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE to amend the existing ILA as follows:
(6)(f) DOCUMENTATION OF COOPERATIVE PROJECTS: Cooperative projects will be
documented as they are negotiated and placed on record as made pursuant to this ILA. For
each project the document will identify:
a. Location of the cooperative project
b. Entity responsible for providing the infrastructure
c. Entity responsible for installing the infrastructure
d. Entity responsible for operations and maintenance
e. Ownership of infrastructure
f. Telecommunications services or infrastructure to be exchanged.
The City’s Director of Public Works and Utilities and the PUD’s Telecom Director are
authorized to establish, approve and administer future cooperative telecommunications
projects under this agreement with the consent of each Legislative authority if required.
DocuSign Envelope ID: F59F5EC3-09AB-4FC5-9281-C75F0C7735E3
MayCor14th
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Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
6(g) COMMUNICATION: Appropriate KPUD/City staff will meet on a regular basis to
enhance and maintain the relationship between the agencies and discuss opportunities and
specific actions necessary to move individual projects forward. The City will take lead in
scheduling these meetings and developing the agenda. From time to time, appropriate KPUD
and City staff will attend Board/Council meetings to provide updates. Potential topics for
improved communication include:
a. City long range capital plans for transportation, utility, and facility projects.
b. Upcoming development projects within the City.
c. KPUD long range capital improvement plans for fiber infrastructure.
d. Coordination in planning efforts such as comprehensive plans, sub area planning,
and transportation planning.
e. Review of City design standards and development code to find opportunities to
improve and expand publicly-owned fiber optic systems within the City.
f. Ongoing coordination to identify and engage on opportunities to partner on
expansion of the fiber network.
11. Term of Agreement. This amended agreement shall take effect upon execution of the
agreement by both KPUD and the City and shall remain in effect until December 31, 2030.
This agreement shall automatically be renewed for two (2) successive five (5) year periods
unless written notice of termination is given by either party at least 30 days prior to the
termination of the initial term or its renewals. Failure by either party to notify the other of such
termination on or before that date shall cause this amended agreement to automatically be
renewed. 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 and survive
the termination of this agreement.
13. INSURANCE: Each party shall have in full force and affect, and continue to maintain in
full force and affect, all insurance policies in place for property and liability coverage. Each
party shall name the other as an additional insured party.
19. ADMINISTRATION OF AGREEMENT: The Bremerton Public Works Department,
through its Public Works Director, will administer this agreement for the City. Kitsap PUD,
through its Telecom Director, will administer this agreement for KPUD.
20. PROJECT LEAD ENTITY AND PROJECT MANAGER: The Parties will assign an
appropriate project lead entity and project manager for each individual project through mutual
agreement.
21. APPROVAL PROCESS: For both individual projects and strategic plans, all key project
policy decisions, design decisions, milestones, and budgets will be agreed upon by both KPUD
and the City. Each party will ensure all appropriate administrative processes for their
DocuSign Envelope ID: F59F5EC3-09AB-4FC5-9281-C75F0C7735E3
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Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
respective jurisdiction are adhered to.
22. OWNERSHIP AND MAINTENANCE: Ownership and maintenance responsibilities for
each expanded fiber optic segment will be determined through mutual agreement and
formalized through an appropriate written instrument satisfactory to each Party.
23. KPUD EMPLOYEES: KPUD employees pursuant to this agreement remain employees of
KPUD at all times and shall perform the work envisioned under sole supervision of KPUD.
24. CITY EMPLOYEES: City employees pursuant to this agreement remain employees of the
City at all times and shall perform the work requested under sole supervision of the City.
25. REIMBURSEMENT: At the mutual agreement of the parties, either party may reimburse
the other for specifically defined services which constitute a work program or project.
26. NOTICES:
All notices and payments hereunder may be delivered, emailed or mailed. If mailed or emailed,
they shall be sent to the following respective addresses:
To KPUD: To Bremerton:
General Manager City of Bremerton
1431 Finn Hill Road 345 6th Street, Suite 100
Poulsbo, WA 98370 Bremerton, WA 98337
Attn: City Clerk
Phone: (360) 427-9670 Phone: (360) 473-5323
Email: Email: city.clerk@ci.bremerton.wa.us
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.
DocuSign Envelope ID: F59F5EC3-09AB-4FC5-9281-C75F0C7735E3
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Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
DATED this , day of , 2021
CITY OF BREMERTON KITSAP PUBLIC UTILITY DISTRICT
KITSAP COUNTY, WASHINGTON
_________________________________
Greg Wheeler, Mayor Bob Hunter, Manager
_________________________ _________________________________
Date Date
ATTEST: ATTEST:
_________________________ _________________________________
Angela Hoover, City Clerk Corine Vichi, Clerk of the Board
Approved as to form: Approved as to form:
_________________________________ _____________________________
Roger A. Lubovich, City Attorney William Broughton. PUD attorney
DocuSign Envelope ID: F59F5EC3-09AB-4FC5-9281-C75F0C7735E3
5/17/2021 5/21/2021
14th May