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Home My WebLink About9032 ii4i 'y r•,- i Sr, __ 7 cc�.11�/i' • '�. ;tip BREMERTON --�IMI _ —AM•OIOYIM/IY Jim Rothlin, CEO Port of Bremerton 8850 SW State HWY 3 1 Bremerton, WA 98312 1 Loretta Swanson, Director of Public Works Mason County Public Works 411 N 5`t' St. Shelton, WA 98584 December 7`t', 2023 Re: Notice of Extension 1 Dear Jim and Loretta, This letter serves to document that pursuant to the terms of the Interlocal Agreement between the City of Bremerton, Port of Bremerton, and Mason County to provide project design and oversight services to the PSIC-Bremerton to Belfair Sewer Connection,the parties agree to a one-year extension of the terms of the original agreement, per Section 5 of the Agreement. The initial term of the Agreement expired on December 31, 2022, and in 2023 a one-year renewal letter was executed, thereby extending the current term to December 31, 2023. This letter serves as agreement for a second (2"d) one-year renewal period, which will be in place from January 1, 2024 through December 31, 2024. By signing below 1 parties agree to the above outline extension: Torn Kn key, Director of Public W rks C. y of Bremerton , t- '/4Z rm thlin, Chief r xecutive Officer, Port of Bremerton iThw Loretta Swans , Director of Public Works, Mason County Sincerely, Ned Lever, P.E. City Engineer Cc: Legal City of Bremerton 1345 6th Street Ste 100,Bremerton,WA 98337*Phone(360)473-5306*Fax(360)473-5200 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfi•on!city! AGENDA BILL CITY OF BREMERTON 5 FCITYCOUNCIL SUBJECT: Interlocal Agreement with Study Session Date: July 10, 2019 Mason County and the Port of Bremerton for COUNCIL MEETING Date: July 17, 2019 Design Oversight of the Puget Sound Department: Public Works Industrial Center— Bremerton to Belfair Presenter: Ned Lever Sewer Connection Project Phone: (360) 473-2398 SUMMARY: This Interlocal Agreement provides for Port of Bremerton, Mason County, and City of Bremerton coordination in feasibility analysis, design oversight, and construction of the proposed sewer extension into PSIC-Bremerton from the Belfair wastewater treatment plant. ATTACHMENTS: Proposed Interlocal Agreement. FISCAL IMPACTS (Include Budgeted Amount): The financial commitments associated with this agreement are included in the CIP and current approved budget. STUDY SESSION AGENDA: I] Limited Presentation Full Presentation STUDY SESSION ACTION: El Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Mason County and the Port of Bremerton for design oversight of the Puget Sound Industrial Center— Bremerton to Belfair Sewer Connection Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: J Approve Deny Table Continue No Action Form Updated 01/02/2018 MC Contract#19-068 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY, THE PORT OF BREMERTON, AND THE CITY OF BREMERTON RELATED TO PARTICIPATION IN EXECUTIVE AND TECHNICAL COMMITTEES PROVIDING PROJECT DESIGN OVERSIGHT TO THE PUGET SOUND INDUSTRIAL CENTER- BREMERTON TO BELFAIR SEWER CONNECTION PROJECT THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the (9441/4- day of u ut<�1' , 2019, by and between the Port of Bremerton (the "Port"), Mason County` the"County"), and the City of Bremerton(the "City") (collectively the "Parties"). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies; and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with available capacity to treat sanitary sewage that may be generated from the currently unserviced area between Belfair and Bremerton, which includes the Puget Sound Industrial Center—Bremerton (PSIC-Bremerton); and WHEREAS, the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within P SIC- Bremerton and the Belfair UGA; and WHERAS, the Port owns and operates a wastewater collection and treatment system located within PSIC-Bremerton; and WHEREAS, the Parties are interested in improving the availability of sanitary sewer service within.the larger PSIC-Bremerton geographic area; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass/SR3 Freight Corridor project appear to provide an opportunity to extend sanitary sewer service to PSIC-Bremerton; and WHEREAS, the State of Washington, through its Department of Commerce, has appropriated $515,000 for the purpose of designing new sanitary sewer transmission facilities to serve PSIC-Bremerton and the Belfair UGA; and WHEREAS, the City, through its Sewer Capital Budget, has committed an additional Page 1 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight $1,000,000 to be invested into this design and planning effort focused toward the goal of providing improved sewer service to PSIC-Bremerton; and WHEREAS, the City and County have requested the Port participate on the project's Executive Committee and the Technical Committee to ensure robust communication among and between all involved stakeholders; and WHEREAS, the Parties wish to work cooperatively to investigate the feasibility of improved sanitary sewer service to PSIC-Bremerton; and WHEREAS, the City and County executed an interlocal agreement to pursue design of a system extension to serve PSIC-Bremerton on January 29, 2018, and the City and County wish to rescind that agreement and replace it with the present Interlocal Agreement. 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 the Parties to work cooperatively to oversee the initial analysis and feasibility of potential designs for a sewer system extension from the Belfair Water Reclamation Facility, through participation on the Executive Committee and the Technical Committee. 2. RESCISSION OF PRIOR AGREEMENT: The County and the City hereby rescind and replace with this Agreement the "Interlocal Agreement Between Mason County and the City of Bremerton Related to Engineering Design of Sanitary Sewer Facilities Extension from the Belfair Water Reclamation Facility, Future Sanitary Sewer System Development and Sanitary Sewer Service Provisions Within the Belfair UGA and Puget Sound Industrial Center — Bremerton," which was executed on January 29, 2018. 3. ADMINISTRATION OF AGREEMENT: The CEO of the Port will administer this Agreement for the Port,The Mason County Public Works Director will administer this agreement for Mason County, and the Bremerton Public Works and Utilities Director will administer this Agreement for the City. 4. FUTURE AGREEMENTS: This Interlocal Agreement envisions the possibility of amendments to this Interlocal Agreement which may address future cooperative efforts, should subsequent phases develop; however, nothing in this Agreement shall be construed to bind either party to any future course of action, including but not limited to agreement to utilize the Belfair Water Reclamation Facility, contract with Mason County for such use, or commit any capital investments toward such effort. 5. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by the Port, the City and the County, and shall remain in effect until December 31, Page 2 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight 2022. This Agreement may be extended one or more times by mutual agreement of the Parties, in writing, for a duration no longer than one (1) year. 6. TERMINATION OF AGREEMENT: Any party may withdraw from this Agreement by giving the other parties ten (10) days written notice. The Agreement shall remain in place unless and until two parties withdraw. 7. PORT EMPLOYEES: Port employees pursuant to this Agreement remain employees of the Port at all times and shall perform the work envisioned under sole supervision of the Port. 8. COUNTY EMPLOYEES: County employees pursuant to this agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 9. 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. 10. REIMBURSEMENT: At the mutual agreement of the Parties, any of the parties may reimburse the other for specifically defined services which constitute a work program or project. 11. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 12. INDEMNIFICATION A. The Port shall defend, indemnify and hold harmless the County and the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the Port and its agents. B. The County shall defend, indemnify and hold harmless the Port and the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the County and its agents. C. The City shall defend, indemnify and hold harmless the Port and the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from negligence of the City and its agents. D. In cases of concurrent fault of the Parties,the above provisions requiring each party to defend, indemnify and hold harmless the other party ("indemnification provisions") are valid and enforceable only to the extent of the fault of the respective parties. E. Solely for purposes of the indemnification provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and Page 3 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight acknowledges that this waiver was mutually negotiated by the Parties. F. The indemnification provisions shall survive the expiration or termination of this agreement. 13. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 14. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation or duty herein without the express written consent of the other party. 15. 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. 16. NOTICES: All notices hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the Port of Bremerton: To Bremerton: Port of Bremerton City of Bremerton Chief Executive Officer Public Works&Utilities Director 8859 S.W. State Hwy 3 345 6th Street, Suite 100 Bremerton, WA 98312 Bremerton, WA 98337 To Mason County: Public Works Department 100 W Public Works Drive Shelton,WA 98584 Attn: Public Works Director Phone(360)427-9670 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. Page 4 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight 17. NON-DISCRIMINATION POLICY: The Parties agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 18. FILING: This document shall be filed with both the Kitsap County Auditor and the Mason County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on each public agency's website. 19. 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. 20. 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. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. DATED this (.04-L" , day of puc3u, . , 2019 CITY OF BREMERTON PORT OF BREMERTON BOARD OF COMMISSIONERS kijI Greg eeler, Mayor Larry kes, President --t 1 q 1 2o V3‘ f?4 Date Cary Bozeman, Vice President i _Iek.417 • el Strakeljahn, Secretary Page 5 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight ATTEST: ATTE : #) S' 1 lC1/ _/ .L. ._ Angela Wei ods, City Clerk Ginge aye, ?. er of the 'MI ar• Approved as to form: Approved as to form: 4 4kAki Casey Penc•, A- istant City Attorney Anne Montgomery, Po ttorn BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Kevin Shutty hair Sharon Trask, Vice Chair Ral " Neatherli'n, Commissioner ATTEST: 16( Me is wry, Cle of the Board Approved as to form: Tim Whitehead, CH. Deputy Prosecuting Attorney Page 6 Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight