HomeMy WebLinkAboutCity of BremertonINTERLOCAL 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
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 p p 1745 dayof
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o2O g b and between Mason County "County"),a olitical
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subdivision the State of Washington, and the City of Bremerton (the "City"), a municipal
corporation of the State of Washington (the "Parties").
WHEREAS, Revised Code of Washington ("RCW") 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 capacity to treat sanitary sewage that may be generated from 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 the
Belfair UGA; and
WHEREAS, opportunities may exist to utilize a portion of the upcoming Belfair Bypass
highway construction project and right of way to locate new sanitary sewer transmission
facilities which would serve PSIC-Bremerton and connect to the Belfair Water Reclamation
Facility; and
WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the
upcoming Belfair Bypass project appear to provide an opportunity to provide sanitary sewer
service to PSIC-Bremerton with significant cost savings; and
WHEREAS, this potential for cost savings has attracted funding expected from the State
of Washington, through its Department of Commerce, of $515,000 for the purpose of designing
the new sanitary sewer transmission facilities to serve PSIC-Bremerton; and
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton
WHEREAS, the City of Bremerton, through its Sewer Capital Budget, has committed an
additional $400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 to be invested into this
design effort and other related planning efforts focused toward the goal of providing improved
sewer service to PSIC-Bremerton; and
WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to
provide improved sanitary sewer service to PSIC-Bremerton and within the Belfair UGA;
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 Mason County and
the City of Bremerton to work cooperatively to design new sanitary sewer transmission facilities
to serve the PSIC-Bremerton and the Belfair UGA. The purpose of this Agreement also includes
working cooperatively to design any improvements to the Belfair Water Reclamation Facility, if
improvements are needed to serve the PSIC-Bremerton service area.
2. ADMINISTRATION OF AGREEMENT: The Mason County Public Works Department
will administer this Agreement for the County. The Bremerton Public Works Department will
administer this Agreement for the City.
3. LEAD ENTITY: The Mason County Public Works Department will be the
administrative lead for the project design effort. The City will assign a project manager to work
closely with the County's project manager to ensure an efficient communication and decision -
making process.
4. NO JOINT PROPERTY: No joint personal or real property will be acquired, held, or
disposed of pursuant to this Agreement.
5. APPROVAL PROCESS: All key project policy decisions, design decisions, milestones,
and budgets will be agreed upon by both the County and the City. The Public Works
Departments of both the County and the City will ensure all appropriate administrative processes
for each respective jurisdiction are adhered to.
6. RELATED TASKS: This Agreement envisions additional planning tasks related to
funding and grant applications; system governance; future sewer service fee structures and
revenue recipients; future maintenance agreements; and coordination among/between private
property owners, state and local entities, and elected officials.
7. ADDITIONAL FUTURE AGREEMENTS: As the project moves through the design
process and closer to construction, additional interlocal agreements will be necessary and will be
developed at the appropriate time.
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton
8. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of
this Agreement by both the County and the City and shall remain in effect until December 31,
2023.
9. TERMINATION OF AGREEMENT: Either the County or the City may terminate this
Agreement by giving ten (10) days written notice to the other party.
10. 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.
11. 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.
12. REIMBURSEMENT: At the mutual agreement of the Parties, either party may
reimburse the other for specifically defined services which constitute a work program or project.
13. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is
created by or pursuant to this Agreement.
14. INDEMNIFICATION:
A. The City shall defend, indemnify and hold harmless 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.
B. The County shall defend, indemnify and hold harmless 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. In cases of concurrent fault of the City and County, 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.
D. Solely for purposes of the indemnification provisions only, 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.
E. The Indemnification Provisions shall survive the expiration or termination of this
Agreement.
15. 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.
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton
16. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation
or duty herein without the express written consent of the other party.
17. 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.
18. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed,
they shall be sent to the following respective addresses:
To Mason County:
Public Works Department
100 W Public Works Drive
Shelton, WA 98584
Attn: Deputy Director/
Utilities and Waste Management
Phone: (360) 427-9670
To Bremerton:
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
Attn: City Clerk
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.
19. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage
in minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million
Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability,
despite when the claim was made.
Each party to this Agreement agrees to provide the other with evidence of insurance coverage in
the form of a certificate from a solvent insurance provider confirming coverage from a solvent
insurance company or pool which is sufficient to address the insurance obligations set forth
above.
20. NON-DISCRIMINATION POLICY: The County and the City 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.
21. FILING: This Agreement shall be filed with each party's County Auditor pursuant to
RCW 39.34 or, alternatively, listed by subject on each party's public web site.
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton
22. 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.
23. 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 +\/‘ , day of Februav,,.
CITY OF BREMERTON
w
Greg eeler, M
y
I Irk IZo t 8
Date
ATTEST:
INCORPORATED
STATE OF
WASHINGTON
OCT. 15, 1901
Shannon Corin, City Clerk
Approved as to form:
k
tet.n.--d\rt iet
Roger A. Lubovich, City Attorney
, 2018.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Randy Neatherlin
Date
ATTEST:
Mel*
s
Cl:' of the Board
Approved as to form:
Tim White ead, Ch. DPA
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton
STATE OF WASHINGTON )
ss.
COUNTY OF mas0y`) )
, 2018, before me,
personally appearedOtaTheyR1,\and , to me
known to be the Q,ka,r and of \(VaS , Cun being one of the municipal corporations that executed the within and foregoing inst ment, 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.
ON THIS (D�' day of ra.vki��var�naarar��I,...�J..
WITNESS my hand and official seal hereto the day and year in this certificate first above
written.
araimal
Notary Public
State of Washington
MELISSA DREWRY
MY COMMISSION EXPIRES
OCTOBER 20, 2019
STATE OF WASHINGTON )
COUNTY OF Hi
J
) ss.
Notay c in and for e State of Washington,
Residing at Sur/ (,J}4
My commission expires 00-. :10 WI
ON THIS day of �G at, 2018, before me,
personally appeared �w�q G�}j�� and --= , to me
known to be the �Y'✓ and .�- of ei
�y plc
ernithG
being one of the municipal corporations that executed the within and oregoing 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.
Fvbc
Notary
State of Washington
Shannon L.. Coriri
Commission :::: (r)t es
11 7 r. 019
Notary PublicAn and for the State of
MResiding at QV�Washington,
My commission expires I le Cal' fT
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Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton