057-23 - Resolution - ILA with Kitsap County for Fireworks Display Permitting and InspectionsDocuSign Envelope ID: 3FE69C42-2AE4-491C-9037-05049356CA33
RESOLUTION NO.057-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR
FIREWORKS DISPLAY PERMITTING AND INSPECTIONS.
WHEREAS, consistent with chapter RCW 70.77, the City of Port Orchard regulates "Display
Fireworks" and the "Public Display" of fireworks through Port Orchard Municipal Code ("POMC")
Chapter 5.60, which sets forth permitting and inspection requirements for these types of events; and
WHEREAS, the City has identified a need for specialized expertise in the permitting and
associated inspections of "Display Fireworks" and associated "Public Display' events; and
WHEREAS, the Kitsap County Fire Marshal has the necessary expertise to review these types of
permits and to conduct the necessary inspections; and
WHEREAS, due to the limited resources and expertise of staff, the City and Kitsap County desire
to enter into an Interlocal Agreement whereby Kitsap County will provide these services, pursuant to the
Interlocal Cooperation Act, Chapter 39.34 RCW; and
WHEREAS, the Port Orchard City Council finds it is in the best interests of the residents of Port
Orchard to execute the Interlocal Agreement with Kitsap County for these services to ensure fireworks
display events are able to occur safely within the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council authorizes the Mayor to execute an Interlocal Agreement with Kitsap
County for Fireworks Display Inspection and Oversight, as attached hereto as Exhibit A and
incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
Clerk in authentication of such passage this 13th day of June 2023.
DocuSigned by:
9e98492esr3t 49 D...
Robert Putaansuu, Mayor
ATTEST:
DocuSigned by:
!�aln, WdLAv-
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Brandy Wallace, MMC, City Clerk
wr� s
ARCHIVAL RECORDS TRANSMITTAL & TRANSFER
AGREEMENT
The of Record, hereby transfers the records listed below to the custody and jurisdiction of the Kitsap
County Auditor's Office with the understanding that the records will become and remain the property of the Kitsap County Auditor's
Office and shall be stored, referenced and disposed of only in accordance with the Laws of the State of Washington, the regulations of
the State and Local Records Committees, the policies and procedures of the Division of Archives and Records Management, and the
instructions of the State Archivi t.
Signed: PSigned:
ep({a1� en or ice) /� Kitsap County Auditor
Print Name:t �U ly.l ru�NO, r) Print Name:
DATE PREPARED
loIgzlaoa3
DATE RECEIVED
RECORD TITLE
Number of
Documents
or Boxes
DESCRIPTION OF CONTENTS
INCLUSIVE DATES
n ll ^J�
' o(. 1"f cam'r —Qyt V!'
-Lplz
0
Meeting Date:
Agenda Item No:
Kitsap County Board of Commissioners
Poff:lcebepartment: Community Development -General
Staff Contact: David Lynam
Agenda Item Title: KC-287-23 - City of Port Orchard ILA
Recommended Action: Approve KC-287-23 - City of Port Orchard ILA
Summary:
An interlocal agreement whereby Kitsap County, through its Fire Marshal's
office, will review plans and perform site inspections upon request for public
firework displays occurring within the City of Port Orchard.
Attachments:
1. Contract Review Sheet
2. KC-287-23 ILA
Fiscal Impact for this Specific Action
Expenditure required for this specific action:
$0
Related Revenue for this specific action:
$0
Cost Savings for this specific action:
$0
Net Fiscal Impact:
$0
Source of Funds:
DCD 00168
Fiscal Impact for Total
Project
Project Costs:
$0
Project Costs Savings:
$0
Project Related Revenue:
$0 _
Project Net Total:
$0
Off ice/Departmental Review
& Coordination
Office/Department
L
Elected Official/Department
Director
Community Development-
General
Jeff Rimack
Contract Information
Contract Number
Date Original Contract
or Amendment
Approved
Amount of Original
Contract Amendment
Total Amount of
Amended Contract
KC-287-23
Pending
$0
$0
Kitsap County KC-287-23
CONTRACT REVIEW SHEET
(Chapter 3.56 KCC)
A.
CONTRACT INFORMATION (for Contract Signing Authority, see KCC 3.56.075)
1. Contractor City of Port Orchard
2. Purpose Review plans and perform site inspections upon request for public firework displays
occurring within the City of Port Orchard.
3. Contract Amount $0 Disburse Receive
4. Contract Term Upon execution
5. Contract Administrator David Lynam Phone 360-337-5777
6. Contract Control No. KC-287-23
7. Fund Name DCD 00168
8. Payment from -Revenue to Program/Revenue or Spend Category 1681.3690.90
Approved: Jeff Rimack Date 6/12/2023
Department Director/Elected Official
B.
AUDITOR - Funding Review
1. 1 X Approved Not Approved
Reviewer Mia A. Alexander Date 6/13/2023
2. Comments:
C.
ADMINISTRATIVE SERVICES DEPARTMENT - Risk Manager Review
1. X Approved I Not Approved
Reviewer Timothy M. Perez Date 6/20/2023
2. Comments: Comments provided separately
D.
ADMINISTRATIVE SERVICES DEPARTMENT - Budget Manager Review
1. X Approved I Not Approved
Reviewer Aim6e Campbell Date 06/14/2023
2. Comments:
E.
PROSECUTING ATTORNEY
1. LXj Approved as to Form Not Approved as to Form
Reviewer David Gecas Date 06/14/2023
_
2. Comments: Line A(4) above "Contract Term" should say "5 years starting when both parties
have signed the Agreement' (consistent with para 4 of the Agreement "Duration of
Agreement')
Date Approved by Authorized Contract Signer: Date 6 -Z Y—_),�5
RETURN SIGNED ORIGINALS TO: Caitlin Schlatter @ MS-36
DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3
KC- -23
PO 047-23
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PORT ORCHARD AND KITSAP COUNTY
REGARDING FIREWORKS DISPLAY INSPECTION AND OVERSIGHT
THIS AGREEMENT ("Agreement") is entered into between the City of Port Orchard
("the City) and Kitsap County ("the County") under the authority of the Interlocal Cooperation
Act, RCW 39.34. Individually they are "Party" and together they are "Parties."
WHEREAS, consistent with chapter RCW 70.77, the City regulates "Display Fireworks"
and the "Public Display" of fireworks through Port Orchard Municipal Code ("POMC") Chapter
5.60, which sets forth permitting and inspection requirements for these events;
WHEREAS, the Kitsap County Fire Marshal has specific expertise regarding the
permitting and inspection requirements for the Public Display of fireworks, while the City does
not currently have staffmg with that necessary expertise;
WHEREAS, the City desires to utilize the expertise of the County for these purposes, and
the County has agreed to perform these duties as further described herein within the City;
WHEREAS, the Parties desire to set forth an agreement regarding their cooperation and
the is Agreement is made pursuant to the authority granted by s; and
WHEREAS, the Parties have come to a mutual understanding as to their responsibilities
and wish to set forth that understanding in writing.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Purpose of Agreement. The purpose of this Agreement is to set forth the mutual
understanding of the Parties as to their respective roles, responsibilities, and duties regarding
public fireworks displays located within the City.
2. Parties' Duties and Responsibilities. For Public Displays of fireworks occurring
within the City of Port Orchard, as defined at POMC 5.60.005, the Parties agree to perform the
following tasks:
2.1. Permitting. Using an application form generated by the City in consultation
with the County, the County will review and comment on all necessary permits for Public Display
that are required under POMC 5.60.015 and any applicable state or local regulation. The City will
be the point of initial contact and will receive complete applications. The City will then submit the
applications to the County for processing. The Parties commit to develop a Standard Operating
Procedure for the exchange of application materials and information, consistent with this Interlocal
Agreement. Upon completing an application review, the County will recommend approval or
denial of the permit and convey to the City the recommendation and all application materials as
DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3
set forth in the Standard Operating Procedures. It shall be the City's decision to either approve or
deny permit applications.
2.2 Inspections. For each approved application, the County will coordinate and
perfonn all necessary inspections for the Public Display, including but not limited to site
inspections on the day of the event. The County will use appropriate and qualified employees for
the inspections. The County will coordinate directly with the applicant, but the County will provide
notice to the City that the inspection has been scheduled, providing email notification is sufficient.
Following the event, the County will provide copies of all reports generated regarding the Public
Display to the City.
2.3 Post -Event Debrief. Following each event, the Parties will participate in a
post -event debrief meeting at a time and location mutually agreeable.
3. Payment. The City will pay the County for the County's services under this
Agreement at the County's hourly rate at the time services are rendered. For each month services
are rendered, the County will submit monthly invoices to the City, summarizing the hours spent
on each application and total cost therefor. The City shall remit payment to the County within
thirty (30) days of the invoice in accordance with the Standard Operating Procedures.
4. General Provisions: The duties herein establish the parties' mutual understanding
of the duties and responsibilities the County is agreeing to perform within the City. Nothing in the
preceding list or in any other provision of this Agreement is intended to establish or acknowledge
the existence of any duty or responsibility to any third party to perform any of the activities set
forth herein. This agreement creates no rights in third parties.
4.1 Duration of Agreement. This Agreement shall take effect upon mutual
execution (which may be executed in counterparts) and shall continue in full force and effect
thereafter for five (5) years, unless or until terminated as provided in herein.
4.2 Termination. Either party may terminate this Agreement at any time by
giving the other party sixty (60) days' written notice of the intent to terminate; PROVIDED that
the provisions of Paragraphs 4, 5 and 6.3 shall survive the termination of this Agreement. All
services rendered prior to termination under this Section shall be paid; services rendered after
termination shall not be paid.
4.3 Insuranee/Mutual Indemnification. Each party shall carry appropriate
liability and property damage insurance to cover any loss occasioned by the negligent actions of
the acting parry during the performance of any obligation pursuant to this Agreement. Each party
also agrees to indemnify, defend and hold harmless the other party and its elected and appointed
officials, officers, employees and agents, from and against all claims, losses, damages, suits and
expenses, including reasonable attorneys' fees and costs, to the extent they arise out of, or result
from, the negligence or willful misconduct of the indemnitor or its elected or appointed officials,
officers, employees or agents in the performance of this Agreement. Solely for purposes of this
indemnification provision, each party waives the immunity it would otherwise enjoy under RCW
Title 51 (Industrial Insurance) and acknowledges that this waiver was mutually negotiated by the
parties.
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DocuSign Envelope ID: 1E59BA13-OE57-469D-8680-4E30B041C6B3
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the County and the
City, its officers, officials, employees, and volunteers, the City's and/or County's liability
hereunder shall be only to the extent of the City's and/or County's negligence. The provisions of
this section shall survive the expiration or termination of this Agreement.
4.4 No Joint Entity or Property. No joint entity or enterprise is created by
this Agreement and no property is to be acquired by the parties under this Agreement. Each party
will retain independent title to any property acquired by that party and used in the performance of
the duties and responsibilities provided herein.
4.5 Administration. This Agreement shall be administered by the City's
Mayor or designee and the County's Fire Marshal or designee.
4.6 Notice. Any notices to be given under this Agreement shall be delivered in
person or mailed to the parties at the following addresses or to such other persons or addresses as
may be provided, from time to time, by the parties:
To the City: Mayor Robert Putaansuu
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
To the County: Fire Marshal
Kitsap County
614 Division Street, MS-36
Port Orchard, WA 98366
Notices given by mail shall be deemed received three (3) days after the same are placed in the U.S.
Mail, postage prepaid, addressed as provided in this section.
4.7 Severability. In the event that any section, sentence, clause, or paragraph
of this Agreement is held to be invalid by any court of competent jurisdiction, the remainder of
this Agreement shall not be affected and shall remain in full force and effect.
4.8 No Waiver. Any party's failure to insist upon strict performance of another
party's covenants or agreements, or to exercise any rights, shall not be deemed a waiver or
relinquishment by such party, and such covenants, agreements and rights shall continue in full
force and effect.
4.9 Records. Both parties shall maintain records to document obligations
performed under this Agreement. Both parties shall have the right to review the other party's
records with regard to the subject .matter of this Agreement, upon reasonable notice and without
fee.
4.10 Contingency. The obligations of the City in this Agreement are contingent
on the availability of funds through local legislative appropriation and allocation in accordance
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DoeuSign Envelope ID: 1 E59BAl 3-OE57-4690-8680-4E30BO41 C683
with law. If funding is withdrawn., reduced, or limited in any way after the effective date of this
Agreement, the City may terminate the contract consistent with Section 4.2 of this Agreement.
4.11 Privileges and Immunities. All privileges and immunities from liability,
exemption from ordinances, rules, laws, all pension, disability, workers compensation, and other
benefits which apply to the activities of the County employees while performing their functions
consistent with this Agreement within the territorial limits of the City of Port Orchard shall apply
to the same degree and extent while they were engaged in the performance of any of their
authorized functions and duties within the County.
4.12 Integrated Agreement. This Agreement constitutes the entire agreement
and understanding between the parties regarding the subject matter hereof and may be modified
only by a written instrument signed by both parties hereto, and duly authorized by the governing
body for each party. There are no other verbal or other agreements that modify or affect this
Agreement.
4.13 Cooperation / Disputes. The parties shall strive to cooperate with one
another in all reasonable respects and at all reasonable times so the terms and spirit of this
Agreement may be fully implemented for the benefit of both parties and their constituents.
4.14 Filing of Agreement. In order to carry out the requirements of RCW
39.34.040, the parties shall file a copy of this interlocal agreement with the Kitsap County Auditor
or, alternatively, list the same by subject on each parry's website before the same becomes
effective.
4.15 Reasonable Interpretation. For the reason that both parties hereto have
had ample opportunity to provide input for the preparation of this Agreement, it shall not be
interpreted in favor of or against either party. Rather, it shall be provided with a reasonable
interpretation to the end that its terms and intent may be fully and reasonably implemented.
DATED this 15th day of June 2023 DATED thisVday 2023
CITY OF PORT ORCHARD
Kitsap County, Washington
,—DmuS19ned by:
fhG POMunAW
---- ------ _-.
Mayor Robert Putaansuu
ATTEST/AUTHENTICATED:
DocuSiOnetl by:
�
jfY V�NiiMW
Bran y allace, MMC, City Clerk
BOARD OF COUNTY COMMISSIONERS
Kitsap County, Washington
CHARLOTTE GA 21tID0, Chair
KATHERINE T. WALTERS, Commissioner
CHRISTINE ROLFES, Commissioner
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DocuSign Envelope ID: 1E59BA13-OE57-4690-8680-4E30B041C6B3
OocuSigned by:
i'89f 91 FPStiY94b�...
Charlotte A. her, City Attorney
:2
SEAL.
Daniels, ana Daniels, Clerk of the Board
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