026-05 - Resolution - Interlocal Agreement with Kitsap County for Cost Sharing•
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RESOLUTION NO. 026-05
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT
ORCHARD REGARDING COST SHARING FOR PHASE II OF THE
JOINT SUB -AREA PLANNING PROCESS FOR' DEVELOPMENT OF
THE SOUTH KITSAP/PORT ORCHARD URBAN GROWTH AREA
WHEREAS, Kitsap County and the City of Port Orchard executed a
Memorandum of Agreement, dated June 2, 2003 regarding joint planning for the Port Orchard
Urban Joint Planning Area (UJPA) and other areas associated with the development of a Port
Orchard Urban Growth Area (UGA) boundary; and
WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the
parties to enter into an agreement for cooperative action, and
WHEREAS, the Parties have agreed to share the total cost for Phase II of the
"Scope of Services" and have drawn up an Interlocal Agreement outlining terms and conditions;
now therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor of the City of Port Orchard is hereby authorized to sign the
Interlocal Agreement between Kitsap County and the City of Port Orchard regarding cost
sharing for the joint sub -area planning process for Phase II of the development of the South
Kitsap/Port Orchard Urban Growth Area.
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 26th day of September 2005.
KIM E. ABEL, MAYOR
ATTEST:
Carol V Etgen, Ci Clerk
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KC-463-05
INTERLOCAL AGREEMENT:
Between Kitsap County and the City of Port Orchard
Regarding Cost Sharing for the Joint Sub -Area Planning Process for Development of
the South Kitsap/Port Orchard Urban Growth Area
WHEREAS, Kitsap County and the City'of Port Orchard (collectively "the
Parties") executed a Memorandum of Agreement (MOA), dated June 2, 2003 and
signed by the County on June 23, 2003 and by the City on July 30, 2003, regarding joint
planning for the Port Orchard Urban Joint Planning Area (UJPA) and other areas
associated with the development of a Port Orchard Urban Growth Area (PGA)
boundary; and
WHEREAS, on .tiny 12, 2004 the Parties executed an Interlocal Agreement
regarding cost sharing for certain Phase I work relating to the joint sub -area planning
process for development of the South Kitsap/Port Orchard Urban Growth area and said
work product has been received and accepted by the Parties; and
WHEREAS, the Parties have agreed to hire AHBL ("the Consultant") to work
collaboratively with the City and the County in developing an integrated GMA/SEPA
Sub -Area, Plan and Environmental Impact Statement, addressing UJPA overlay issues,
and other related tasks ("Phase II" work); and
WHEREAS, the Parties have agreed to share the total cost for Phase I{ of the
"Scope of Services," which costs are estimated to be up to $192,235 in 2005 to be
conducted in 2005; and
WHEREAS, the Interlocal Cooperation Act, chapter 39,34 RCW, authorizes the
parties to enter into an agreement for cooperative action;
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the City and County agree as follows:.
t. PURPOSE. The purpose of this Agreement is to provide for a sharing of the
costs of a consultant hired to work on the Port Orchard Urban Joint Planning
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Area, and other areas associated with the expansion of a Port Orchard Urban
Growth Area boundary as identified in the Draft "Vision Report."
II. SCOPE OF SERVICES. The County will have primary oversight over the
Consultant, who will perform the tasks labeled as Phase 11 and outlined in Exhibit
A, the "Scope of Services." The County will be the sole signatory on the
Consultant's contract. As identified in the contract with the Consultant, the
Consultant will provide both the County and City with all copies of work products
produced by the Consultant.
Ill. TERM. The term of this Agreement is August 31, 2005 through December 31s
2005, with allowance for a (6) six-month extension upon written agreement by
both parties.
IV. COMPENSATION AND PAYMENT.
A. For Fiscal Year (FY) 2005, the County will contribute one hundred thirty two
thousand and two hundred thirty five dollars ($132,235) towards the cost of
the Consultant.
B. For FY 2005, the City will pay to the County an amount not to exceed sixty
thousand dollars ($60,000) towards the cost of the Consultant, subject to the
following provisions.
1. Fifty percent (50%) of the City's FY 2005 payment shall be paid to the
County upon the City's receipt and reasonable acceptance of the "Draft
Port Orchard/South Kitsap Sub=Area Plan and Environmental Impact
Statement."
2. The balance of the City's FY 2005 payment shall be paid to the County
upon the City's receipt and reasonable acceptance of the "Final Port
Orchard/South Kitsap Sub -Area Plan and Environmental Impact
Report."
3. The City shall be deemed to have accepted the Draft Port
Orchard/South Kitsap Sub -Area Plan and Environmental Impact
Statement upon the City CoUncil's passing of a motion or resolution
authorizing acceptance of said deliverables, which authorization will
not be unreasonably withheld provided the deliverables are completed
in a timely manner and comply with the requirements of the Scope of
Services.
4. The City shall be deemed to have accepted the Final Port
Orchard/South Kitsap Sub -Area Plan and Environmental Impact
Statement upon the City Council's passing of a motion or resolution
authorizing adoption of said deliverables, which authorization will not
be unreasonably withheld provided the deliverables are completed in a
timely manner and comply with the requirements of the Scope of
Services.
Interlocal Agreement — Kitsap County & City of Port Orchard
Sub -Area Plan Phase If Page 2 of 5
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5. The City's payments shall be sent to the Department of Community
Development, 614 Division Street MS-36, Port Orchard, Washington,
98366
V. STATEMENT OF SERVICES. The County will submit to the City at the end of
each quarter of the calendar year, an itemized statement of services rendered
incurred by the County during the quarter.
VI. TERMINATION. This Agreement may 6e terminated by either party, with or
without cause, upon 90 days written notice to the other party. In the event of
termination by either the City or the County, each party shall pay just and
equitable compensation towards Consultant's unpaid work completed prior to the
date of termination based on the Parties' cost sharing agreement; provided, the
City's compensation shall not exceed the amounts and percentages set forth in
Section IV.B.
VII. ADMINISTRATION. For the purposes of RCW 39.34.030(4)(a), this Agreement
shall be administered jointly by the Planning Director for Port Orchard, or such
other person as may be designated by the Mayor of Port Orchard, and the
Director, Kitsap County Department of Community Development, 'or such other
person as may be designated by the Board of County Commissioners.
A. The City's coordinating contact shall be the City employee identified above
as the co -administrator.
B. The County's coordinating contact shall be the project manager as
designated by the Director, Kitsap County Department of Community
Development.
VIII. INTEGRATION AND AMENDMENT. This contract contains all the terms and
conditions agreed upon by the parties concerning the subject matter of this
Agreement. It may be amended or modified only upon the written agreement of
the parties exercised in the same manner as that required for execution of the
original Agreement.
IX. HOLD HARMLESS. The City shall defend, indemnify and hold harmless at
City's sole expense, Kitsap County, its elected and appointed officials, officers,
employees and agents, from and against any and all claims, demands, losses,
damages, liabilities, and costs, including, but not limited to, attorneys' fees and
litigation costs, arising out of City's performance of this Agreement, whether the
demand, loss or claim is due to the negligence of the City, its subcontractors,
successors or assigns, employees, third parties.
The County shall defend, indemnify and hold harmless at County's sole
expense, City of Port Orchard, its elected and appointed officials, officers,
Interlocal Agreement — Kitsap County & City of Port Orchard
Sub -Area Plan Phase 11 Page 3 of 5
employees and agents, from and against any and all claims, demands, losses,
damages, liabilities, and costs, including, but not limited to, attomeys' fees and
litigation costs, arising out of County's performance of this Agreement, whether
the demand, loss or claim is due to the negligence of the County, its
subcontractors, successors or assigns, employees, third parties.
X. WAIVER. The failure of either party to exercise any rights ar remedies under this
Agreement for any breach shall not constitute a continuing waiver of any
obligation, and shall not prevent either party from pursuing any such rights or
remedies for any succeeding breach.
XI. GOVERNING LAW. This Agreement shall be construed and enforced in
accordance with and shall be governed by the laws of the State of Washington.
Venue of any suit between the parties arising out of this Agreement shall be in
Kitsap County Superior Court.
XII. RECORDING. This Agreement shall be recorded with the Kitsap County Auditor.
XIII. COUNTERPARTS. This Agreement may be executed in two or more
counterparts, and each such counterpart shall be deemed to be an original
instrument. All such counterparts together will constitute one and the same
Agreement.
XIV. SEVERABILITY. In the event that any term or condition of this Agreement, or
the application thereof to any person or, circumstances, is held invalid, the
invalidity shall not affect other terms, conditions or applications of this Agreement
which can be given effect without the invalid term, condition or application. To
this end, the terms and conditions of this Agreement are declared severable.
XV. AUTHORIZATION. By resolution or ordinance or otherwise pursuant to law, the
governing bodies of the County and the City have authorized their respective
designated officials to execute this Agreement on their behalf.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date and year indicated below.
Dated this day of
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
CHRIS ENDRESEN, Chair
Interlocal Agreement — Kitsap County & City of Port Orchard
Sub -Area Ran Phase 11 Page 4 of 5
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JAN ANGEL, Commissioner
PATTY LENT, Commissioner
ATTEST
Opal Robertson, Clerk of the Board
Dated this day of , 2005.
City of Port Orchard, Washington
KlM E. ABEL, Mayor
ATTEST
Carol L. Et en, City C erk
City Attorney, rt Or and
(Approved as to Form)
Interlocal Agreement — Kitsap County & City of Port Orchard
Sub -Area Plan Phase 11 Page 5 of 5