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Home My WebLink About5611 ��-�c�f `�'// AGENDA BILL � � CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap Study Session Date: May 25, 2016 County to Develop a Design Report for the COUNCIL MEETING Date: June 1, 2016 Jarstad Park to Kitsap Lake Segment of the Department: Public Works Countywide Trail System Presenter: Chal Martin Phone: (360)473-5758 SUMMARY: This Interlocal Agreement provides for a cooperative effort between Kitsap County and the City to produce a design report that will provide information to inform the eventual construction of a non-motorized shared use facility linking Jarstad Park with the south end of Kitsap Lake. Kitsap � County has identified this segment as an important link in a future countywide non-motorized trail system. ATTACHMENTS: 1. Proposed agreement FISCAL IMPACTS (Include Budgeted Amount): The City's share of this expense is expected to be $35,000. This money has been budgeted in the 2016 Water Utilities expense budget(Forestry). STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Kitsap County to develop a Design Report for the Jarstad Park to Kitsap Lake segment of the Countywide Trail System; 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 01/07/15 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF BREMERTOlV TO DEVELOP A DESIGN REPORT FOR THE ]ARSTAD PARK TO KITSAP LAKE SEGMENT OF THE COUNTY-WIDE TRAIL SYSTEM THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interl cal Cooperation A , Chapter 39.34 of the Revised Code of Washington, on the .�IZ-Fhday of _, 2016, by and between Kitsap County (County), a political subdivision of t e 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, Kitsap County adopted a countywide non-motorized facility plan in 2014, and . WHEREAS, the Jarstad Park to Kitsap Lake north-south segment is noted by many to be the most significant single segment within the proposed system, and WHEREAS, the City of Bremerton and Kitsap County wish to work cooperatively to develop a design report on this proposed future non-motorized multi-use segment, 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 and the City of Bremerton to work cooperatively to produce a design report on the Jar.stad Park to Kitsap Lake segment of the Kitsap County county-wide trail system. 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, 2017 4. TERMINATION OF AGREEMENT: Either the County or the City may terminate this agreement by giving ten days written notice to the other party. Page 3 KC-213-16 Interlocal Agreement Between Kitsap County and the City of Bremerton For Jarstad Park— Kitsap Lake Trail Design Report 5. COUNTY EMPLOYEES: County employees doing work pursuant to this agreement remain employees of the County at ail times and shall perform the work envisioned under the sole supervision of the County. 6. CITY EMPLOYEES: City employees doing work pursuant to this agreement remain employees of the City at all times and shall perform the work requested under the sole supervision of the City. 7. FINANCIAL RESPONSIBILITY: Both parties agree to provide 50% of the funding. If 3�d party funding is provided, the City and the County will each provide 50% of the remaining required funding. The project budget is estimated at $70,000. 8. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this agreement. 9. INDEMNIFICATION A. Each party agrees to defend, indemnify and hold harmless the other party, its officials, officers, employees and agents for all claims, liabilities, damages, suits, reasonable attorney's fees and costs arising from the negligent acts and omissions of the indemnitor, its officials, officers, employees and agents. B. In cases of concurrent negligence of the parties, the above provision requiring each parly to defend, indemnify and hold harmless the other party (�'indemnification provision'� is valid and enforceable only to the extent of the negligence of the respective parties. C. Solely for purposes of the indemnification provision, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. D. Each party agrees to notify the other party within two weekdays of any claims made related to this agreement. E. The indemnification provision shall survive the expiration or termination of this agreement. 10. COMPLIANCE W1TH REGULATIONS AND LAWS: The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 11. ASSIGNMENT: The parties shall not assign this agreement or any interest, Page 4 KC-213-16 Interlocal Agreement Between Kitsap County and the City of Bremerton For Jarstad Park— Kitsap Lake Trail Design Report obligation or duty herein without the express written consent of the other party. 12. ATTORNEYS' 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's fees. 13. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Kitsap Countv: To Bremerton: Kitsap County Public Works City of Bremerton 614 Division Street MS-26 345 6th Street, Suite 600 Port Orchard, WA 98366 Bremerton, WA 98337 Attn: Jonathon Brand Attn: City Clerk Phone: (360) 337-4893 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. 14. INSURANCE: Each party shall maintain insurance adequate to cover all its own reasonably foreseeable activities under this agreement. 15. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34. 16. ENTIRE AGREEMENT: This agreement constitutes 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. 17. 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. Page 5 KC-213-16 Interlocal Agreement Between Kitsap County and the City of Bremerton For]arstad Park— Kitsap Lake Trail Design Report IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. — DATED this t2 , day of � � , 2016 CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASF#INGTON .. ��t/ � � Patty Le , ayor EDWARD E. WOL E, Chair O�— Z 9— Zo�6 a�'�--- Date CHARLOITE GARRIDO, Commissioner o u:�" ROBERT GELD R, Commissioner �-��,o� A ST: ATTEST: *��•�ra�(PTE o.s�, • ` ,�: /(�'•�� I �� '� Shannon Corin City Clerk Dana aniels Clerk of the Bo r�`:� �� ;; �A:�� ,�d?•'� s�. ..��:. �;�� P cov� Approved as to form: Approved as to form: � Roger A. Lubo ch City A orney Page 6 KC-213-16 Interlocal Agreement Between Kitsap County and the City of Bremerton For]arstad Park— Kitsap Lake Trail Design Report Notary Public State of Washington STATE OF WASHINGTON ) Shannon L. Corin �misslon ExpireS ) SS. 11-17-2019 COUNTY OF ��"P ) /� � ON THIS `�"/� day of L�- , 2016, before me, personally appeared �a-��/ vi� and � , to me known to be the ��-c/,�r and R of �- �'�/y►�� , being one of the municipal corporations that executed the ithin and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they.were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. ' Notary Public in and for the State of Washin�ton, Residing at /�-� �d. •/7' My c�mmissi�n ex'ires /� STATE OF WASHINGTON ) ) ss. COUNTY OF ��5� ) �� ON THIS �� day of - � � �.� , 2016 before me, pe�sp ally appeared �C� ��I (�ifk �yarric�oand 1°�� e �� , to e known to be the �rn ��.✓�e�5 a��-- of c� , being one of the municipal corporations that executed the wi in and fore ing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my han cial seal hereto the day and year in this certificate first above written. aPDAN�F� (`�� O • �.....� �S . �C. :��Ry�'; Notary Public in and for the State of Washington, ' � ' Residing at '. �°UBI�G % �,9��:�:�: My commission expires � aoG� . �'w�` 6 .� Page 7 � KC-213-16 Interlocal Agreement Between Kitsap County and the City of Bremerton For Jarstad Park— Kitsap Lake Trail Design Report