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Home My WebLink About3699 Contract Number: 3699 Vendor: PORT OF BREMERTON Subject: Maintenance - Evergreen Park Boat Ramp Department: Parks & Rec File Class: LEG 12-1 Begin Date: 12/13/1988 End Date: 11/30/2008 Review Date: 05/O1/2010 Vault Date: Comments: Copy of expired agreement sent to Parks 3/10 �. PORT OF .� November 23, 1998 ' PORT COf�MISSIONEr�S Dick Feek Mary Mn Huntington 7im Spencer Cheryl Kincer Interim Director GE�lEHAL OFFlCES Bremerton Parks and Recreation 8850 S.W.State Hwy.3 239 4�'St. Port Orchard,WA 98367 Bremerton,WA 98337 BUS:(360)674-2381 - FAX:(360)674-2807 gF; Everereen Pt�?'k T�unch Ramn and Phase 2 Develo ment Plans 1-800-462•3793 b . p http://www.portofbremerton.org 9REPflERTO�J Dear Mr. Spencer, PIATIONAL AIRPORT • (360)674-2381 The Port acknowledges your letter of October 29`�indicating your renewal of OLY�7PlC FfIEW 9USI{dESS our mutual interlocal a reement for o eration and maintenance of the AND IPlDUSTRIAL P�4Rl{ g p (360)674-2381 Evergreen Park boat ramp. PORT ORCHARD MARiNA (360)876-5535 In your letter you also requested the Port's approval of phase 2 of the city's BREFAERTON�IARINd master plan for the park, under paragraph 7 of our agreement. We have {sso�s�s-�os5 reviewed the plan and understand that IAC has approved this phase 2 work and will be participating in its funding. Congratulations! Consider this letter as our approval of your plans. We along with the community look forward to completion of this construction. Sincerely, � zG Richard N. Brandenburg Executive Director � 34� ��i _ aeeae 0■■�B■ -- ��a� CI'I'Y OF�I�1V�R�Id � 239 4tla Street � �remea�o�, WA 9�337 29 October 1998 Richa.rd Brandenburg Executive Director Port of Bremerton 8850 SW State Highway 3 Port Orchard, WA 98367 Reference: Interlocal Agreement for Operation and Maintenance of Evergreen Park, Dated 13 December 1988 Dear Mr. Brandenburg . As required by paragraph 6 of the referenced agreement, the City would like to renew for an additional ten year term the repair and maintenance responsibilities for the areas defined in"Attachment B"of this same referenced agreement. Additionally, as required by paragraph 7, the City is seeking the written consent of the Port of Bremerton to proceed with the Phase 2 improvements as shown on the attached master plan for Evergreen Paxk development. If more information is required, please don't hesitate to phone me at 478-7252. Sincerely, im Spencer Interim Director Bremerton Parks and Recreation Cc Gil Johnson Ken Atteberry Evergreen Park Master File o Celebrating 50 Years of�reedom � Contract Number: 3699 Vendor: PORT OF BREMERTON Subject: Maintenance -- Evergreen Park Boat Ramp Department: Parks & Rec File Class: LEG 12 -1 Begin Date: 12/13/1988 End Date: 11/30/2008 Review Date: 05/01/2010 Vault Date: Comments: Copy of expired agreement sent to Parks 3/10 0ct-15-98 OJ :.~3P Port of B~GmQrton 360 674 2807 XN?SRI, OCAr' FOR OPgRA?ZON AND ~H~S ~ be~e~ ~ho ~OR~ O~ B~RTOH, I co~po~a~ofl ~d~ ~e X~vs o~ ~e S~ete o~ Eye, groan Par~. b~ r~p /ncXudLng aX1 a~eas ~den~i~iad tn At~echmen~ A. 1. ARSAS OF ~SP~SXBI~TYs AS rafnrr~ ~o ~hroughou~ aqr,omene, ~e arias ol ren~nsiblliey for bo~h ~he Port and Ct~y ara tden~iEl~ bel~ and are uhown on A~achmen~ n. A. ~o Po~'s ~rea ot res~flsiblli~y shall include and be limited ~o those aras of ~he Evergreen Park boa~ ramp vh/~ are ~a~er zela~ed and are speclE~cal~y ~de;~ i~Xed as ramp s~ace, fX~s, p~ accuss and ~: con~on pod, rip F~p P~o~e~Lon ~o~ ramp · ~J and f~ hinge connections. B. ~he C~y's area o~ reoponsLbLlL~Z sha~l include a~ s~oreoLdo i~Fov~en~a including bu~ no~ ~LmL~ed ~o plafl~ers, landscaping, parking arM, c~blng, 2. ~lNT~r The ~r~ amd ~he CL~ ~hall provLde a replace afl~ [~m wh/~ bas ~c~e da~ged or uflu~ble for any 3. ~: Bach plr~y ohaX1 ~ responsible p~ov~ding ~tabLXL~y &nd prop~ty d~age Lna~en~ cov~a~ or and EOF all opera~ions conducted by ~u~ par~y ~der ~e ~e~ms of 1 0ct-15-98 01:33P Port of Bremerton 360 674 2807 P.02 coe~ercLal insurance £rGm a recognized carrier cr obtains similar discretion o£ such party. personal ~hmt ~ur or azise In any ~y out sE ~he pe~/ormaflce oE ~is ~n~ract b~ 1~8 p~aonnel only nad ~o cave and hol~ the ~ets, e~enlSs, l~ses tnd d~ages ~ncluding ~os~ o~ ~e~ence, petsoflnel relatiflg to the perfo~an~ of ~hls contract. 5, ~GU~ OF ~T A~Aq ~e City v/l~ provide ~or the regulation Ol uso of ~e impzoveMn~ ar~ ~o Include use sh~lL ~ ~o~ ~be ~a~ch~ng a~d ze~v~ of [or thole u~l~ng ~h~ gvergr~ln ~rk ~t ~ o~ ree~io~ ~zklflg aa ~s~gnated by the Cl~y a~d Port ~ fi:e~men~ ucc. ~o~he~ parkin~ use shall ,. N~: ~he boerding floa~ ~dlng down ~e City shall be responsible ~or en~nt of use mac, lo, Lone r~l~ing ~o ~his a~re~en~ and s~all provide Oct-15-g8 01:33P Port of Bremerton 360 674 2807 P.03 necessary ordinances relating to p~¢king, ~ootege end ocher uM reAtrictions. ~be da~e si final aceep~nce o~ the Ev~greefl Park ~erms upo~ ~rlk~n notice to the POrt ~iehin 60 ~ys o~ the responsibility ~or repair and maln~eflance as required by 7. ~fllp OF ~~r Pilings and f!~o placed part o~ ~e Por~ of ~2ofl BY. green Perk ~E~e~a2 Pro}e~ 1988, as idea~ift~ in ~e ~n~rac~ docents and dravingn developed by ~2 And~son and ~eoctitel for ~hll pro~e~ shell r~main the property o~ the Port o~ Sr~e~on. All other improv~en~s pla~d as ~r~ o~ this prole~ shell becw proper~y of the City o~ ~e~ton ~0fl c~pletionz provide; ~he Attachment "C." No lmpr~ements 8h~ll be m~l[lod, alerted, ~rem°ved'~r~ll~d v~ ,,~th°u~ ,P~i°r~vrit~en con~fl~_ ~°f C~lt~ee tot Outer aecreltlon (IE) ~d Nove~er 24, 1987 9, ~DI~I~TI~ This Agre~nt represent8 ~he entire agreemefl~ betveea ~he ~r~Le.. Ho change, te~minatlon or a~eemp~ed valvee o~ any o~ the pr~isioni o~ thio Agreement shall be bluding o~ ei Chef st thl ~rtiem unless ~ecu~ed Ln vriting by 3u~hoEised r~zeaen~atlves o~ ~ch o~ ~be par~les. Agree~n~ shall no~ be m~l~led, supplementS, or o~he~l~e D~Cec~ed by ~he ~oe of demllngs be~veen ~he pareles. 3 0ct-15-98 01:33P Po~t of Bramerton 360 674 2807 P.04 10. BENEFITS'. This Agreement te entered into ~or the benefit of the~parties ko ~hla &qr*mmen~ only and ah&Il eenf~r no benefits, direr or tmp~, on any ~h[~d per~onm. vX~hou~ ~he wFi~en ~nsen~ o~ the MlyoF of the City o~ B~F~on . ~l. N~ESt A~ flo~/~s, and o~h~ vE~mfl c~u~ica~tofls ~aqutred by ~him ~en~ shall bm tn wrt~ng end, excep~ to have ~en ;i~en at tho time o~ delivery if personally delivered or ah ~h~ ~ o[ mat~Lnq ~[ mailed by ~Lrnt clans, this 13th ~y O~ ~,..~., 198~ CIT~ OF ~ETO~ PORT O~ 239 ~urth Street Addee~ 8850 SW State ~twy 3 Br~rton, MA 98310 PorCfO~ohard. ~rmsiden~ & Co~lsmion~r DEPARTME~AL APFR~AL: / ./../,.~/ ZA~ R. SIBYl, CI~y A~torney Oct-15-g8 01:34P Port of Bram~rton 350 674 ..! 0ct-15-98 01:34P Port of Bramarton 360 67¢ 2807 P.06 I Oct-15-g8 01:34P Port of 8ramarton 360 674 2807 P_07 OUTDOOR R£CR~A?~ON ACCDUNT ProJectT~tle ~vera~ee. S~at Lau.c'~ , " Project 1. NATURE OF CONTRACT '" This Instrument; in . · 12 Pages) O~ whiCh.this Is ~e intended to set out ~e tems,~ c~dlttans, not othe~tse ~pearlng In statutes or ~gu,Tatlons~ of .a ~t of. mney rrM. the OutdoOr , ~creatfon Account o~ the.~e~al Fund of the sttte of ~shtngton ' a state agency or ~oc~1 ~bllc b~y, herein coiled the Contracting P~rty, in ~td of an outd~r recreation pro~ect under the provisions of ROg 43.99.~0. ~. ADmINiSTRATiON OF ~rlng the Project Period. ~s stated in S~tton 3 of this Contract, or as mended, the state ~gency a~1nfstertng t~ gr~C is the 'Interagenc~ C~tttee for Outer R~reation, herein after called the Interagency C~tttee 3. PROJECT APPL~T%ON The Contracting Party'S ~pltc~tton to the ~AC (dated June 30 19~j ~s a part of this contract. The - · Party's notf~icatton of In ~p]tcat~o~ i~.the C~ntract~ng tent to perfom this project's go,is ~nd o~Jecttves. Unless the IAC's Director a~ees in ~rtttng to cations, this project shall be ca~i~ out according to the proposals described in~ or in connection with, the 4. PROJ~CT ASSiSTeD. (~)The Contracting Party w]11 perfom the approved project during the period frm~ov~er 6~ 1987 until Dec.er 31~ 1989 (b) The project to be:uslSted is s~artzed here as follows. Brwert,~. E~ments' of~rk to be tnCTud~ under this project contract 'Boat la~nch resurface I~d W~den to t~ ianes '8o~rdtn~ float 'Re-]~ne parking area 'Shoreline stabilization 'Up]and =Archftec~ure Engineering ~.{~ 4/1 b7C. ..5&{/ei AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: First Amendment to Agreement Study Session Date: 09/09/15 with Port of Bremerton for Evergreen Rotary COUNCIL MEETING Date: 09/16/15 Park Boat Ramp Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: In December 13, 1988, the City and the Port entered into an Interlocal Agreement for the Ports operation and maintenance of the Evergreen Rotary Park boat ramp. In 1998 and in 2008, the Interlocal Agreement was extended for additional ten year terms with the current term expiring on December 13, 2018. The Port desires to make certain improvements to the boat ramp with grant funds it has been approved for the project. The City will pay one-half of the required match for the grant funds for the improvements. The City's payment to the Port will be in the amount of$58,000.00. Upon completion of the improvements, the Port will transfer all improvements to the City and the Interlocal Agreement will terminate. ATTACHMENTS: 1) First Amendment to Interlocal Agreement 2) Exhibit A 3) Exhibit B 4) Interlocal Agreement executed 1988 FISCAL IMPACTS (Include Budgeted Amount): $58,000 STUDY SESSION AGENDA: ❑ No Presentation IJ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda I] General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the First Amendment to Interlocal Agreement with the Port of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: V±Approve ❑ Deny ❑ Table ❑ Continue Ti No Action Form Updated 01/07/15 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR OPERATION AND MAINTENANCE OF EVERGREEN PARK THIS FIRST AMENDMENT to Interlocal Agreement is entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, on the date fully executed below, by and between the CITY OF BREMERTON, a Washington municipal corporation, hereinafter referred to as the ("City") and the PORT OF BREMERTON, a Washington municipal corporation, hereinafter referred to as the ("Port") for the operation and maintenance of a boat ramp located in Evergreen Rotary Park. WHEREAS, pursuant to Chapter 39.34 RCW, two or more public entities may contract with one another to perform government services, which each is by law authorized to perform; and WHEREAS, the City is the owner of certain real property in the City of Bremerton, Kitsap County, Washington, commonly known Evergreen Rotary Park, as identified in the site plan in Exhibit A,attached hereto and incorporated herein by this reference; and WHEREAS, Evergreen Rotary Park has a boat ramp area including a dock with an adjacent boat launch,parking lot and related facilities, as identified in Exhibit B, attached hereto and incorporated herein by this reference ("Boat Ramp Facilities"); and WHEREAS, in December 13, 1988,the City and the Port entered into an Interlocal Agreement for the operation and maintenance of the Boat Ramp Facilities; and WHEREAS, the Ports area of responsibility within the Boat Ramp Facilities, as identified in Exhibit B, includes a boat ramp area including a dock with an adjacent boat launch, and related facilities, more specifically identified in Section(1)(A) of the Interlocal Agreement, ("Boat Ramp"); and WHEREAS, in 1998 and in 2008, the City and the Port extended the Interlocal Agreement for additional ten year terms with the current term expiring on December 13, 2018; and WHEREAS the City and the Port find it mutually beneficial and in the public interest for the City and the Port to make improvements to the City-owned Boat Ramp; and WHEREAS,the Port has applied and been approved for grant funds from the Washington State Recreation and Conservation Office ("RCO")to make improvements to the Boat Ramp; and WHEREAS, the Port desires to make certain improvements to the Boat Ramp with the grant funds and the City has agreed to pay one-half of the required match for the grant funds for the improvements; and 1 First Amendment to Evergreen Rotary Park Boat Ramp ILA WHEREAS,upon completion of the improvements to the Boat Ramp,the Port will transfer all improvements to the City and the Interlocal Agreement will terminate; NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties hereto, the Interlocal Agreement is amended as follows: 1. IMPROVEMENTS: The Port has been received approval for grant funds in the amount of$347,595.00 from the RCO to make improvements to the Boat Ramp as identified in Exhibit B. The grant requires a match of$116,000.00 for a total project cost of $463,595.00.With these funds,the Port will make improvements to ramp surface,floats, piles,float connection pod,float hinge connections and related appurtenances. The Port anticipates that the improvements will be completed in early 2016.All improvements are subject to the City's approval of proposed improvements and RCO grant conditions. 2. CITY'S MATCH OF GRANT FUNDS: The City has agreed to pay the Port one-half of the match requirement identified in Section 1 above. The City's payment to the Port will be in the amount of$58,000.00. This payment will be paid to the Port upon completion of the improvements and final inspection and approval by the City's Department of Community Development. 3. COMPLETION OF IMPROVEMENTS: Upon completion of the project and the City's payment of its share of matching funds,the Port will convey all of its interest in the improvements and the Boat Ramp to the City,and the Agreement will terminate. At such time,both parties shall acknowledge in writing that the, a) project is complete, b) City's has made full payment of its share of the grant match identified in Section 2 above, c) Port has conveyed to the City and the City has accepted all of the Ports interest in the improvements and any interest it has in the Boat Ramp, and d) Interlocal Agreement is terminated. 4. LIABILITY: Section 4 of the Interlocal Agreement entitled "LIABILITY"is amended to read as follows: 4. INDEMNIFICATION: Each party shall defend, indemnify and hold the other party,its officers,officials,employees,agents and volunteers harmless from any and all claims,injuries,damages,losses or suits, including all legal costs and attorney fees,arising out of or in connection with its performance of this Interlocal Agreement.IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITU I ES THE PAR LIES WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIA I ED THIS WAIVER. 2 First Amendment to Evergreen Rotary Park Boat Ramp ILA 5. NOTICES: Section 11 of the Interlocal Agreement entitled "NOTICES" is amended to read as follows: 11. NOTICES: All communications regarding this Interlocal Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Interlocal Agreement or such other address as may be hereafter specified in writing. CITY OF BREMERTON PORT OF BREMERTON Director of Parks &Recreation Chief Executive Officer 680 Lebo Boulevard 8850 SW State Hwy 3 Bremerton, WA 98310 Port Orchard, WA 98366 6. DUPLICATE ORIGINALS: This document is executed in duplicate originals. All other terms of the Interlocal Agreement not specifically amended herein shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this First Amendment to Interlocal Agreement on the date fully executed below. CITY OF BREMERTON PORT OF BREMERTON ,. By: Patty Lit, ayor y: Jim Rothlin Date: /2 20 —/6. Chief Executive Officer Date: iz,—/a - 1d Attest: City Clerk Approved as to form: 4 41111110 —41 Attorney 3 First Amendment to Evergreen Rotary Park Boat Ramp ILA Exhibit A: Evergreen Rotary Park ,r . -.f ( 14t" i�ial - 1 ■ • Y .r '' . 1 A• V k ♦ Evergreen Rotary Park f r-t4 it lit — — ------,': 41 i i.':,Ali - ,i't: 0.7 \ __,,rill 1 - • 1. .+ �, :.'. 7 p4S. r te.. V j r �-- , 1 -..a. 'r 'x' i f l l FF4 11 4 .: 0. r a x�iii�ii�rr�ir2rr� ,-ii �"' 1 v _ * * , �� t ''. .� 4 ' it k mac'"' ..,Y n+u - n .}t.. ,, ! , ‘ X i-• . , ,r ~ '7, � x pl ,I. ' , ....,47—...--4C-.1,: ' -% 1 e ,,,,,,d- ',ef oi, yy dYfr. `% ' tP# 1 ; -= • • „ ,..,.. ,; . ,4•,:-. . ; it.ft pi----.4 I` "+ >.• Y ' iii - - ' •7 , .- �".. °ire R +' goat - '�i F. ✓,ilk . C m 0 750 1500 i__, Yards CD i LL Q t EO — W' CO a N E t a ° y O d .. CO gt- ‘ `I c. ,� OA O=_ W ; /4 l it 0/1 o 'OP• 0 0 .6 re Z'a CO ftai 4451*. b .`r4 •co 1 I O 'IIII''��1 e �ij - ce IL, � I 0 r. co <i it a . A N. ( it - x 1 a I `- - 4111%N4 I 4 4 I I'1 r . A 1...L.:: , _ \O - :- .„ N. I : .11fr ''Ilk' 0 I; 4e.ititi , ,.:10 • Y ' ,,*'\ `\` O CD _ �. �'. gip �,, \ Vii- J : .. \` `,•a p •,AlP\ Ole •\ .-.\*-L•:\i"\\‘ 'f ' .tirt-o• y e\�` k \' leI. I \k %vs,N:;,,,,„ .t,we,:-.\$ 0 -,1.- , v.‘,.\,\ - _,- V 3D- re x 7