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Home My WebLink About032315_ca04JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Carl Smith, Director Joel Peterson, Associate Planner Department of Community Development DATE: March 23, 2014 RE: Extending Term of Interlocal Agreement with Kitsap County to perform work on Joint Land Use Study ATTACHMENTS: Interlocal Agreement, Project Schedule STATEMENT OF ISSUE: Kitsap County proposes to extend the Interlocal Agreement with Jefferson County from the original March 31, 2015 end date to a new end date of September 30, 2015 to match the current project schedule for the Joint Land Use Study. The purpose of the project is to address the current and long term compatible land use planning issues that relate to military installations and operations in Kitsap and Jefferson Counties. This grant- funded work includes outreach, data collection, conflict analysis and resolution, and a draft plan & implementation strategy. ANALYSIS: On June 10, 2013, the Jefferson County Board of County Commissioners directed the Department of Community Development to pursue the Joint Land Use Study grant. This is a coordinated planning effort involving Kitsap County, Jefferson County, Mason County and the Department of Defense. Coordinating comprehensive plans is a requirement of the State Growth Management Act (RC W 36.70A.100). The results of outreach and planning work identified in the contract scope will be timely and applicable to Jefferson County's Comprehensive Plan update. FISCAL IMPACT: The grant will pay on a reimbursement basis for Jefferson County planning staff work on the project through September 30, 2015, not to exceed $43,070.00. There are no grant match requirements for Jefferson County. The proposed schedule extension has no effect on the budgeted amount. RECOMMENDATION: Community Development recommends signing the three amended Interlocal Agreements and returning ALL originals to our office for further processing. DEPARTMENT CONTACT: Joel Peterson 379 -4457 irlE Y' i � County Administrator Date i NTERLOCAL AGREEMENT KC- 421 -13 Between KITSAP COUNTY And JEFFERSON COUNTY This Interlocal Agreement ( "Agreement ") is made and entered into, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.3 )4, RCW, between Kitsap County, hereinafter referred to as "Kitsap," and Jefferson County, hereinafter referred to as "ENTITY." A. PERIOD OF PERFORMANCE The period of performance of this agreement shall commence on October 1, 2013 and be completed by March 31, 2015 unless terminated or modified as provided herein. B. PURPOSE Kitsap County is a recipient of a Department of Defense (DOD) grant administered by the Office of Economic Adjustment, herein referred to as OEA. This OEA administered Department of Defense Community Planning Assistance Fund grant is entitled: Joint Land Use Study for Naval Base Kitsap (NBK JLUS) (KC- 315 -13). The purpose of this Interlocal Agreement is to provide funds to Jefferson County as an Entity described in the above titled grant to assist Kitsap County in carrying out the activities specified in Exhibit A, Scope of Work. This Agreement consists of the following documents: 1. Interlocal Agreement 2. Exhibit A: Jefferson County NBK JLUS Scope of Work 3. Exhibit B: Jefferson County NBK JLUS Budget C. REIMBURSEMENT AND CASH MATCH REQUIREMENT As shown in Exhibit B, the ENTITY's total billing to Kitsap County and reimbursement to the ENTITY shall not exceed 543,070. The ENTITY is not responsible for grant match. The ENTITY will submit invoices at least quarterly and not more than monthly. Invoices will itemize the tasks and work performed. The ENTITY shall maintain adequate records to support billings under this Agreement. D. ADMINISTRATION No separate entity is being created by this Agreement. Each representative shall represent his /her jurisdiction in all matters pertaining to the services rendered under this Agreement. All requirements of the ENTITY pertaining to the services to be rendered under this Agreement shall be coordinated through the Kitsap County Representative. Representatives are: 1. Kitsap County: Kathlene Barnhart ( 360) 337 -4601, kbarnhar@co.kitsap.wa.us 1 Jefferson County: Joel Peterson (360)379 -4450, jpeterson co.jefferson.wa.us E. ACQUISITION OF PROPERTY Any property acquired by Kitsap County pursuant to this agreement shall remain property of Kitsap County, and any property acquired by the ENTITY pursuant to this agreement shall remain property of the ENTITY. F. INDEMNIFICATION AND HOLD HARMLESS 1. Kitsap County shall not be liable under any contracts or obligations of the ENTITY except as otherwise provided pursuant to this Agreement, or for any act or omission of the ENTITY or the ENTITY's officers or agents, and the ENTITY agrees to defend, indemnify and hold harmless the Kitsap County from any and all losses, damages, costs and expenses (including reasonable attorneys' fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by the ENTITY, its employees, independent contractors or volunteers in connection with this Agreement. 2. The ENTITY shall not be liable under any contracts or obligations of the Kitsap County, except as otherwise provided pursuant to this Agreement, or for any act or omission of the Kitsap County or the Kitsap County's officers, employees or agents, and the Kitsap County agrees to defend, indemnify and hold harmless the ENTITY from any and all losses, damages, costs and expenses (including reasonable attorneys' fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by the Kitsap County, its employees, independent contractors or volunteers in connection with this Agreement. 3. The ENTITY and the Kitsap County agree to notify each other of claims made related to this agreement 4. Solely for purposes of these indemnification and hold harmless provisions, each party waives its immunity under Title 51 (hudustrial Insurance) of the Revised Code of Washington and acknowledges that the parties mutually negotiated this waiver. 5. These indemnification and hold harmless provisions shall survive the expiration or termination of this Agreement. G. INSURANCE Workers Compensation. The ENTITY agrees to comply with all State requirements related to Workers Compensation Insurance. H. STATUTORY AND REGULATORY COMPLIANCE The ENTITY and Kitsap County shall comply with all applicable federal, state, and local law =s, ordinances, rules regulations, guidelines, and standards applicable to any service provided pursuant to this Agreement. Both parties agree to comply with provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing such act. I. NONDISCRIMINATION The parties hereto shall not discriminate against anyone in providing services under this Agreement on the grounds of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans' status, or the presence of any sensory, mental or physical handicap. J. CHANGES OR MODIFICATIONS The ENTITY may, at any time, by written notification to the Kitsap County, request changes within the general scope of services to be performed under this Agreement. Any changes or modifications require mutual agreement by the parties; provided the changes or modifications are to meet project deliverables through shifting effort and funding between tasks, written approval by the Kitsap County project manager is required For any other changes, a contract amendment shall be executed by both parties and an equitable adjustment of cost or period of performance or both may be made if required by the changes. K. TERMINATION OF AGREEMENT Either parry may terminate this Agreement with thirty (30) days written notice. L. OEA GRANT SUB - PARTNER OEA Grant status: ENTITY is receiving the funds set forth herein as part of an award from a grant agreement FAIN H000051310127 between the OEA and Kitsap County (KC- 315 -13), which is incorporated by this reference. The ENTITY agrees to be bound by and comply with that grant agreement's terms and conditions. M. ALL WRITING CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. N. RECORDING Pursuant to RCW 3934.040, this Agreement shall be filed with the Kitsap County Auditoi O. GOVERNING LAW & VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Agreement shall be in the Superior Court of Washington for Kitsap County. P. WAIVER A failure by any part to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. Q. MULTIPLE ORIGINALS This Agreement may be executed in multiple copies, each of which shall be deemed an original. R. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. IN WITNESS WHEREOF,_ this A .-reement was executed by the parties on the dates hereinafter indicated. JEFFERSON COUNTY BOARD OF COMMISSIONERS ov�k /!7j John A s i�r„ Chair Date Phil David W. Sullivan, Member APPROVED S TO ORM ONLY: David Alvarez, Chief Civil I A Date BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY ,WASHINGTON O'� JOSH BROWN, Chair 0? ROB GELD Com issioner CHARLOTTE GA RIDO, Commissioner ATTEST: na Daniels, Clerk of the Board EXHIBIT A: TASKS AND DELIVERABLES KC -421 -13 Task 1: Project Initiation and Administration This task includes any necessary refinements to the JLUS Work Plan. Jefferson County will work with Kitsap County and the consultant on this task to review drafts, provide comments and publish final plans. Jefferson County shall provide Kitsap County with Performance Reports on a quarterly basis, beginning 10/01/13- 12/31/13 (due 01/31/2014). Generally, these shall accompany quarterly invoicing. Task 2: Community Organization and Meetings Provide staff time and resources to support consultant produced JLUS presentations and other display products. This includes performing initial outreach to existing community councils, organizations, civic groups and neighborhood communities that have an existing and ongoing relationship with Jefferson County. An initial JLUS visioning session and several public informational workshops will be scheduled and held in the vicinity of the project area at key milestone points in the study for the public to provide input. This task shall encompass all outreach associated with other tasks for this project. Task 3: Technical Committee Participation Jefferson County will participate in a Technical Committee, comprised of professional planners, managers and technical staff from each of the participating jurisdictions and other key stakeholders. This Committee will be assembled to serve as the technical advisory body to the JLUS Policy Committee and will contribute to and assist contractor services to identify, collect, synthesize and review land use data and other technical input throughout the study process. Task 4: Data Collection, Inventory and Mapping This task includes the generation, preparation and collection of all relevant data from Jefferson County in order to conduct the analysis phase of the JLUS planning process. The consultant will assist in consolidating the data into single, usable formats, primarily using GIS. Jefferson County shall provide these GIS layers and/or data, including but not limited to: • Land use and comprehensive plan designations • Zoning designations • Shoreline Master Program environment designations • Legacy lots and non - conforming uses • Proposed densities by development type and patterns • Proposed capital improvement and capital facilities plans /projects • Critical areas and other sensitive biological and /or cultural resource areas • Nearshore public access sites • Agriculture suitability factors • Special resource areas (aquifer recharge zones, wetlands, wellhead protection zones, etc.) • Land and sea based mobility corridors and transportation systems JOINT LAND USE STUDY I NBK & NAVMAGII PROJECT SCHEDULE 2015 A M J J A S 0 N D J 1.OVERALL PROJECT INITIATION & ADMINISTRATION 1.1 Kick -ofl &refine - work Plan A Refinedworkplan end kick -off & public engagement trategy 1.2 Administration & management 1.3 Project coordination 2. STAKEHOLDER & PUBLIC INVOLVEMENT 2.1 Prepare public engagement strategy 'oil Military installation presentations Review work plan & public engagement strategy 2.2 Tour installations 91 Attend tours 2.3 Partner interviews Online survey --- I __ Survey & interview'. results__ 2.4 Outreach to public officials 2.5 -2.6 Prepare, facilitate& record public meeting Meeting l: Intro & Issues 3. DATA COLLECTION, Sept. 9 &15 INVENTORY & MAPPING Collect data, prepare maps, • Oct 2 &publish online ,ice y Review vil Workreview; meeting plan public results; plan meeting next steps Aug. 74 4. CONFLICTCOMPATIBILITY ANALYSIS Identify, map &solicit Input on conflicts ,n Review draft compatibility analysis and suggest strategies 5. CONFLICT RESOLUTION STRATEGIES Oct.30 6. PREPARE STUDY REPORT A M J Prepare resolution strategies In Review suggested strategies; plar nextsteps oec.4 Online survey DRAFT 11/25/2014 F M E M EMMI • Policy Committee (PC) meeting Technical Committee(TQ meeting �* Public meeting Worktask Work product ''. Survey results Prepare, facilitate& Prepare,'acilitate& record public meeting record public meeting1 57� yl� Meeting 2: Preliminary Meeting 3: Final recommendations recommendations ro 6.1 Prepare {. r. • Review public Draft Plan meeting results; - plan next steps Work review, !vn2 plan public Oafl meeting -rain, m,,,o,,;rm. Ap, 14 6.2 Prepare final Pla #n Review final Plan Jul9imoA:awimae :moreir ro,aG Final Plan l' 6.3 Prepare Project Overview J A S O N D J F M A M J J Revision 2000 -09 -02 KC- 421 -13A CONTRACT AMENDMENT This CONTRACT AMENDMENT is made and entered into between KITSAP COUNTY, a municipal corporation, with its principal offices at 614 Division Street, Port Orchard, Washington 98366, hereinafter "KITSAP ", and Jefferson County, hereinafter "ENTITY." In consideration of the mutual benefits and covenants contained herein, the parties agree that their Contract, numbered as Kitsap County Contract No. KC- 421 -13, and executed on 1219/13, shall be amended as follows: Section A shall be amended to read as follows: The period of performance of this agreement shall commence on October 1, 2013 and be completed by September 30 2015 unless terminated or modified as provided herein. If this Contract Amendment extends the expiration date of the Contract, then the Entity shall provide an updated certificate of insurance evidencing that any required insurance coverages are in effect through the new contract expiration date. The Entity shall submit the certificate of insurance to: Kitsap County Risk Management Division, 614 Division Street, MS -7, Port Orchard, WA 98366. Except as expressly provided in this Contract Amendment, all other terms and conditions of the original Contract, and any subsequent amendments, addenda or modifications thereto, remain in full force and effect. This amendment shall be effective upon execution by the parties. DATED this — day ,2015. JEFFERSON COUNTY BOARD OF COMMISSIONERS David W. Sullivan, Chair Date Phil Johnson, Member Kathleen Kler, Member APPROVED AS /TJO FORM ONLY: David Alvarez, Chief CiV DPA I Oate- BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON ROBERT GELDER, Chair EDWARD E. WOLFE, Commissioner CHARLOTTE GARRIDO, Commissioner ATTEST: Dana Daniels, Clerk of the Board