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HomeMy WebLinkAbout01_20_2021 Gorst Coalition as presented to councilAGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: January 13, 2021 Gorst Coalition Memorandum of Understanding COUNCIL MEETING Date: January 20, 2021 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: The purpose of the Gorst Coalition Memorandum of Understanding is to form an action- oriented coalition to obtain state and federal resources to fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst interchange. ATTACHMENTS: 1) Memorandum of Understanding Updated; and 2) Power Point Presentation Added FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Gorst Coalition Memorandum of Understanding; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4D Updated DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 1 Gorst Coalition GORST COALITION MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made and entered into by and between the members of undersigned parties to form the Gorst Coalition Executive Committee for the purposes and according to the procedures set forth herein. This MOU is not intended to be binding or enforceable but is established to provide a common framework and guide the efficient and effective goals of the Gorst Coalition. ARTICLE I: GENERAL Section 1: Coalition Formation and Purpose The Gorst Coalition formed by this MOU is a group of public agenciesJurisdictions, businesses, and community partners withinof Kitsap and Mason Counties, as well as the Suquamish Tribe that have an interest in the area of Gorst and a desire to work cooperatively for the best interests for the citizens and ecosystem in Gorst.have mobilized to form an action-oriented Gorst Coalition to bring state and federal resources to interchange.fund the recommended strategies outlined by the Washington State Department of Transportation (WSDOT) for the Gorst interchange. As further explained in Article IV, this MOU does not create a separate entity or confer any additional substantive powers or authorities on members. Each member brings to the Coalition all powers and authorities otherwise vested by law. The purpose of the Gorst Coalition is to find and secure state and federal resources needed to fund construct the projects recommended strategies outlined by the members of the Coalition and Washington State Department of Transportation (WSDOT) for the SR3/SR16 Gorst corridor. The Gorst Coalition recognizes the urgent need to address resiliency from sea level rise and seismic events, national security, congestion, and impacts to the ecosystem at Gorst and plans to build on previous partnership planning work to advance the funding of Gorst improvement projects. work to advance the funding of Gorst improvement projects. The Coalition will work collaboratively with local businesses and governing bodies of state, local, and federal levels to ensure the safety, economic vitality, and mitigation of natural and cultural resources while supporting national security and sustaining the mission of our military. Section 2: Value of the Gorst Corridor and Gorst Creek Ecosystem 1. Transportation and Emergency Management Value The Gorst Ccorridor is the vital transportation link for the movement of people, freight, and emergency supplies within Kitsap County and is the gateway to Mason, Jefferson and Clallam Counties. The Federal Highway Administration designated the SR 3/SR 16 – Gorst Corridor as a “Critical Urban Freight Corridor” and it provides the only roadway link to strategic U.S. Naval facilities, which are vital not only to military readiness and national security, but to the regional economy. The area is identified by the Federal Emergency Management Agency FEMA) as a chokepoint that can affect public safety and would be completely shut down in the event of a major earthquake or rising sea levels. With daily traffic volumes of 84,000 vehicles per day, the Ccorridor supports traffic levels similar to I-5 south of Olympia and I-90 east of Issaquah. Daily congestion impacts commuters, transit, and freight modes serving the region and Naval Base Kitsap. The Coalition recognizes the Gorst Corridor serves as the gateway to Kitsap and the Olympic Peninsula and facilitates the movement of freight, emergency supplies, and supports our national security. 2. Cultural Value At the same time, tThe Corridor is also within the ancestral lands and waters of the Suquamish Tribe, where the Suquamish people once hunted deer and elk, fished for salmon and smelt, dug clams and collected vegetal foods DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 2 for millennia and where they exercise their treaty right to harvest salmon in these waters as they have for thousands of years. The Ccorridor is also overlaid with ancestral Suquamish village sites, seasonal villages, ceremonial gathering places and settings for creation stories. 3. Ecological Value The Ccorridor’s primary natural features are the Gorst Creek watershed and the marine waters and shorelines of Sinclair Inlet. The Gorst Creek ecosystem, one of the largest and most productive watersheds in the east Water Resource Inventory Area (WRIA)-15 subregion, supports runs of chinook, coho, and chum salmon as well as steelhead and cutthroat trout. The Sinclair Inlet estuary supports waterfowl, shorebirds, great blue herons, bald eagles, and is an important rearing and refuge area for juvenile chinook salmon and formerly hosted a natural oyster bed. The importance of the Ccorridor in terms of resiliency, national security, congestion, cultural and ecosystem functions requires robust coordination on transportation planning and mitigation for past, present, and future impacts to the region. Section 3: Membership and Vacancies The undersigned entities form the voting membership of the Coalition, whether such entity signed the MOU upon formation or after. The Coalition embodies the five committees listed under Section 4. The Coalition is made up of interested and affected governmental and non-governmental interests that plan to actively engage in the Coalition’s multiyear strategy to bring state and federal resource to fund the recommended strategies outlined by WSDOT for the Gorst interchange. The Coalition also includes “Resource Members” consisting of the Navy, Washington State Legislators, WSDOT, and other state and federal agencies that provide expertise to the Coalition but do not have a financial stake in the Coalition, nor do they direct lobbyists. These resource members are not signatories to this MOU and do not vote. Each Coalition member will be responsible for appointing a new representative should they need to step down from their position on the Coalition. New representatives on the Executive Committee will review and sign the Coalition’s Memorandum of Understanding. Section 4: Structure and Decision Making Each Coalition member shall appoint a representative to serve on a committee as identified herein, but each member shall only have one vote on each decision-making committee. Should a representative be unable to fulfill his or her duties for the Coalition member, the Coalition member will be responsible for appointing a new representative. The roles, decision-making model, and members of eachthe various committees are is described below. 1. Co-Chair (+ Military Liaison) Committee: a. Role: Guides the coordination of the Coalition by monitoring Coalition work plan progress and budget performance, teeing up decisions for the Executive Committee to make, and overseeing administrative staff that could be a consultant or public agency staff (not lobbyist consultant). b. Decision Making: By consensus. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: Leadership will be shared by having rotating Chairs facilitate the Co-Chair and Executive Committee meetings (except for the Military Liaison). The full Co-Chair group will have the opportunity to review all meeting materials. d. Membership: One rRepresentative each from the Port of Bremerton, the private sector, Senator Randall, Naval Base Kitsap (Military Liaison), and fiduciary sponsor representative. 2. Executive Committee: DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 3 a. Role: Coordinates on the state and federal strategy, leverages resources and partners, provides guidance to the Lobbyist Oversight Committee on public and legislative media/communications, oversees the Technical and Environmental Committees, and approves any spending of the Coalition’s funds. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: The rotating Co-Chair as described above. d. Membership: Kitsap County, Mason County, City of Bremerton, City of Poulsbo, City of Port Orchard, Kitsap Transit, Naval Base Kitsap, Suquamish Tribe, Port of Bremerton, Port of Kingston, WSDOT, and representatives of educational, recreational, community, business, and industry interests. 3. Lobbyist Oversight Committee a. Role: Guides the coordination of the lobbyist(s) by overseeing their work plan progress and budget performance. b. Decision Making: By consensus of the voting membership. (see Figure 1: Decision Making by Consensus) c. Meeting Chair: TBD d. Membership: A subgroup of the Executive Committee based on interest, capacity, and ability to direct advocacy efforts. 4. Technical Advisory Committee a. Role: Coordinate on the technical components of the Gorst projects and share updates and recommendations to the Executive Committee. This group is can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from jurisdictions and Tribe public agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Port of Bremerton, City of Bremerton, City of Port Orchard, Naval Base Kitsap, Kitsap County, Mason County, Dept. of Ecology, Dept. of Fish and Wildlife, WSDOT. 5. Environmental Committee a. Role: Coordinate on the ecological components of the Gorst projects and share updates and recommendations to the Executive Committee. This group can convene themselves without direction of the Executive Committee but may receive requests to address topics as needed. b. Decision Making: N/A, this groups provides recommendations. c. Meeting Chair: Rotating Chair from members and Tribepublic agencies (excluding resource members). The Chair is responsible for scheduling the meetings, developing agendas, facilitating meetings, and providing meeting summaries. d. Membership: Suquamish Tribe, Kitsap County Public Works (KCPW) Stormwater, WSDOT, Dept. of Fish and Wildlife, The Waterman Group 6. Coalition Building Partners a. Role: Demonstrate Cultivate broad support and advocate for the project through various means as appropriate, including potentially pursuing a grassroots fundraising model. Receive updates from the Executive Committee on decisions and milestones via quarterly emails. b. Decision Making: Not applicable. This is not a decision-making body. c. Membership: Jurisdictions, government agencies, Tribes, organizations and individuals from the private and public sectors. DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 4 7. Military Liaison a. Role: Provide Navy specific information to the Coalition. b. Decision Making: No decision-making authority. c. Membership: Naval Base Kitsap Decision Making by Consensus: Gradients of Agreement Scale Consensus No Consensus Whole- hearted endorsement Agreement with minor point of concern Support with reservation Abstain More discussion needed Don’t like but will support Serious disagreement, but won’t veto Veto Gradients of Agreement Scale, Sam Kaner, Duane Berger, and staff at Community at Work, 1987 Figure 1: Decision Making by Consensus Gorst Coalition Organizational Chart Figure 2: Gorst Coalition Organizational Chart Section 56: Fiduciary Responsibilities and Financing of Coalition The City of Bremerton will act as the fiduciary agent for the Coalition and will be responsible for coordinating and executing contracts on behalf of the Coalition and for invoicing the paying members pursuant to this MOU. The City of Bremerton may resign from this position at any time or it may be re-assigned by the Co-Chair Committee as deemed appropriate. Coalition members will share the cost of the Coalition’s budget through a tiered model in which members, regardless of public or private entity, will aim to pay a certain minimum amount.: Tiers will be determined by consensus based on economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. The annual target contributions are as follows: Executive Committee Technical Advisory Committee Environmental Committee Lobbyist Consultant Coalition Partners Military Liaison Co-Chair Committee Lobbyist Oversight Committee DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 5 Tier 1: Parties most affected by Gorst – minimum [$20,000-4$50,000] annual contribution Tier 2: Parties affected by Gorst – minimum [$10,000-$20,000] annual contribution Tier 3: Parties affected by Gorst but with limited funding capacity – any amount These payment amounts may be adjusted as deemed appropriate by the Co-Chair Committee, with actual amounts paid within the range determined by the paying member. All monies paid to or from the fiduciary agent shall be accounted for in accordance with RCW 43.09.210. Affected” parties will be determined by criteria related to economic, transportation, security, cultural, and ecological reliance on the Gorst Corridor. Resource members including the Navy, Legislators, WSDOT, and other state and federal agencies are not involved in the financing of the Coalition. The budget and work plan of the Coalition will be established annually based on expected contribution of the paying members, with the budget coinciding with the calendar year. Each September, the Co-Chair Committee will prepare a draft budget for review and approval by Executive Committee prior to the end of the fiscal year. ARTICLE II: OBJECTIVES AND WORK PRODUCTS Section 1: Objectives 1.1 The primary goal of the Coalition is to obtain funding for WSDOT to design and construct capacity, resiliency and redundancy improvements through the Gorst Corridor. 1.2 Work toward consensus whenever possible. 1.3 Work with the Washington State Legislature and U.S. Congress to prioritize and obtain funding for the Gorst Ccorridor. 1.4 Bring forth previous work done on the Ccorridor to advance progress. 1.5 Identify and gather resources needed to support funding and environmental, cultural, and economic mitigation. 1.6 Review communication materials and draft plans. Section 2: Work Products 2.1 Administrative staff will produce meeting summaries for each Coalition Executive Committee meeting. 2.2 The Executive Committee will approve an annual workplan and budget. 2.3 The Executive Committee will approve a lobbyist scope of work and communication materials put forward by the Lobbyist Oversight Committee. 2.4 The Executive Committee will approve periodic updates to Coalition Partners about the work of the Coalition. 2.5 The Technical Advisory Committee and Environmental Committee may produce memos or other resources to share information with the Executive Committee. ARTICLE III: MEETINGS AND RECORDS Section 1: Meetings The Executive Committee shall meet on a schedule determined by the Co-Chair Committees. The Co-Chairs will coordinate following coordination with the Executive Committee to select the date, time, and location of any meeting. Administrative sStaff (jurisdiction or consultant) will email Executive Committee members to confirm the DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 6 time and location of the meeting and to provide any materials for that meeting. It is the responsibility of Executive Committee members to review summaries of any meetings they were did not in attendance. Section 2: Public Participation in Meetings The Executive Committee meetings are open to the public and will be publicly noticed. Members of the public and Gorst Coalition members who do not serve on the Executive Committee may observe the meeting and provide public comment at the end of the meeting if desired. Section 3: Operating Protocols Coalition members and their representatives will: 3.1 Use available and appropriate resources to accomplish Coalition objectives. 3.2 Participate regularly and on time. 3.3 Participate with positive communication and respect for the opinions of other members. 3.4 Represent their perspective. 3.5 Acknowledge any conflicts of interest. 3.6 Leverage resources and information. 3.7 Advocate for recommendations of the Coalition. 3.8 Bring institutional knowledge. 3.9 Act as a conduit of information between the Coalition and their cities or organizations. Section 4: Records The Coalition members acknowledge that to the extent public agencies are subject to the Washington State Public Records Act, chapter 42.56 RCW, all materials submitted to those public agencies may be subject to review and copying by the public unless an exemption applies. Section 5: Media Policy Should Coalition members be contacted with inquiries by the media regarding the Coalition, members should direct them to the hired lobbyist. ARTICLE IV: TERMINATION, INDEMNIFICATION, EFFECT OF MOU, AND AMENDMENT Section 1: Effective Date and Termination: This MOU is effective when signed and shall remain in effect until terminated by a majority of the Co-Chair Committee members in good standing. Any member partner may terminate its membership in the CoalitionPartnership by providing no less than 30 days written notice to the Co-Chair Committee of the desired termination date. Upon terminating its membership, a member forfeits its membership dues to the Coalition. Upon termination of the MOU, without renewal or replacement of this MOU, or upon dissolution of the Coalition, any unencumbered Coalition funds shall be returned, pro rata, to its then current paying membership based on a formula determined by the amount of contributions annually paid by each member as approved by the Co-Chair Committee, or based on a formula as otherwise established by the Co-Chair Committee. Section 2: Indemnification: Each Party shall defend, indemnify and hold each other harmless from any and all claims, demands, suits, actions, judgments, recoveries, liabilities, penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees, resulting from damage or bodily injury, including death, to the extent caused by a Party’s breach of this MOU or the negligent actions or omissions of that Party, or its employees, agents, or officers, elected or appointed. The foregoing indemnity specially covers actions brought by the Party’s own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington’s Industrial Insurance Act, RCW Title 51, but only as to the Party entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 7 obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. Section 3: Effect of MOU: This MOU is an internal agreement and does not confer any rights upon any individual or other entity. This MOU sets forth mutual goals and approaches. This MOU is not intended to create any rights, benefits, or other responsibilities, either substantive or procedural, nor is it enforceable as law or equity by a party against the U.S., its agencies, its officers, or any other person. Nothing in this MOU shall obligate members to expend other monies or enter into any contract or other obligation. Nothing in the MOU shall be interpreted as limiting, superseding, or otherwise affecting the Parties’ normal operations or decisions in carrying out their statutory or regulatory duties. This MOU does not limit or restrict members from participating in similar activities or arrangements with other agencies. SECTION 4: Amendment This MOU may be amended only in writing and only by agreement of all signing parties, except as set forth herein. V. Executive CommitteeMember Signatures Executed this ___ day of _____________, 2021. Approved as to form CITY OF BREMERTON Bremerton City Attorney Greg Wheeler, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF PORT ORCHARD Port Orchard City Attorney Robert Putaansuu, Mayor Executed this ___ day of _____________, 2021. Approved as to form CITY OF POULSBO Poulsbo City Attorney Becky Erickson, Mayor DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 8 Executed this ___ day of _____________, 2021. Approved as to form PORT OF BREMERTON Port of Bremerton Attorney Cary Bozeman, President Executed this ___ day of _____________, 2021. Approved as to form PORT OF KINGSTON Port of Kingston Attorney Greg Englin, Executive Director Executed this ___ day of _____________, 2021. Approved as to form KITSAP TRANSIT Kitsap Transit Attorney John Clauson, Executive Director Executed this ___ day of _____________, 2021. Approved as to form SUQUAMISH TRIBE Leonard Forsman, Chairman Executed this ______ day of __________________, 2021. ATTEST: KITSAP COUNTY BOARD OF COMMISSIONERS CHARLOTTE GARRIDO, Comissioner ROBERT GELDER, Commissioner DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7 For Discussion Only Gorst Coalition Memorandum of Understanding 9 Dana Daniels, Clerk of the Board EDWARD E. WOLFE, Commissioner Deputy Prosecuting Attorney Executed this ___ day of _____________, 2021. Approved as to form Executed this ___ day of _____________, 2021. Approved as to form DocuSign Envelope ID: BA450504-BB6D-4BB8-9202-E27AF48FB9B7