HomeMy WebLinkAboutPort of Bremerton & City of Bremerton 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
Coo eration Act, Chapter 39.34 of the Revised Code of Washington, on the (per day of
u tkd-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 PSIC-
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
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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,
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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
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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.
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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 (p `" , day of JgU . , 2019
CITY OF BREMERTON PORT OF BREMERTON
BOARD OF COMMISSIONERS
Greg eeler, Mayor Larry kes, President
.'t k`Z I �01°,k .4§4
Date 1 Cary Bozeman, Vice President
el Strakeljahn, Secretary
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Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight
ATTEST: n' ATTE :
.02'.---U3VD9
Angela W ods, City Clerk Ging aye, er of the ar
Approved as to form: Approved as to form:
L6/14Q--
Casey Penc , A istant City Attorney Anne Montgomery, Po r ttorn
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
4rfrifft
Kevin Shutty hair
Sharon T ask, Vice Chair
RaNeath� erlli'n, Commissioner
ATTEST:
Me every, Clerk of the Board
Approved as to form:
Tim Whitehead, CH. Deputy Prosecuting Attorney
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Interlocal Agreement Between Port of Bremerton,City of Bremerton,and Mason County for PSIC Sewer Design Oversight