TBD_RES_2012_02TBD RESOLUTION NO, 2012- 02
A RESOLUTION of the Bainbridge Island Transportation
Benefit District approving an Interlocal Agreement between
the Bainbridge Island Transportation Benefit District and the
City of Bainbridge Island.
WHEREAS, the City of Bainbridge Island (the "City ") established a
Transportation Benefit District as authorized by RCW 35.21.225 and subject to the
provisions of RCW 36.73; and
WHEREAS, the Bainbridge Island Transportation Benefit District (the
"District ") finds that, rather than employing separate staff, it would be more efficient to
use the services of employees of the City to provide staff support services to the District;
now, therefore,
THE BAINBRIDGE ISLAND TRANSPORTATION BENEFIT DISTRICT DOES
RESOLVE AS FOLLOWS:
Section 1. The Interlocal Agreement between the City of Bainbridge Island and
the Bainbridge Island Transportation Benefit District, in the form attached as Exhibit A,
is approved and the District Chair is authorized to sign it.
PASSED by the Bainbridge Island Transportation Benefit District this 10 "' day of
October, 2012.
APPROVED by the Chair this 10`x' day of October, 2012.
By:
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff 2M A�
City of Bainbridge Island City Clerk
Debbi Lester, Chair
FILED WITH THE CITY OF BAINBRIDGE ISLAND CITY CLERK: October 4, 2012
PASSED BY THE BAINBRIDGE ISLAND TRANSPORTATION BENEFIT
DISTRICT: October 10, 2012
TBD RESOLUTION NO. 2012 -02
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BAINBRIDGE ISLAND AND THE
BAINBRIDGE ISLAND TRANSPORTATION BENEFIT DISTRICT
This Interlocal Agreement (this "Agreement ") is entered into on October 10, 2012 by and
between the City of Bainbridge Island (the "City ") and the Bainbridge Island Transportation
Benefit District (the "District ").
WHEREAS, Chapter 39.34 RCW permits local governmental units to make the most
efficient use of their powers by enabling them to cooperate on the basis of mutual advantage; and
WHEREAS, the City is empowered to operate, maintain, construct and reconstruct,
public street infrastructure within its city limits in accordance with the powers granted pursuant
to RCW 35A.11.020 and Chapter 35A.47 RCW; and
WHEREAS, pursuant to Ordinance No. 2012 -14, the City established the District on
August 22, 2012 and authorized funding for any purpose allowed by law including to operate the
District and to make transportation improvements consistent with existing state, regional, and
local transportation plans and necessitated by existing or reasonably foreseeable congestion
levels pursuant to Chapter 36.73 RCW; and
WHEREAS, the City and the District desire to better coordinate their efforts in order to
pursue their individual, joint and mutual rights and obligations to fulfill the intent of Ordinance
No. 2012 -14; and
NOW, THEREFORE, the City and the District mutually agree as follows:
10 Purpose and Interpretation. The City is empowered by Title 35A to construct,
reconstruct, maintain and preserve City streets and other related public infrastructure either by
contract or through the use of City staff. The District has been constituted in accordance with
state law to provide a source of funding for the maintenance and preservation of streets and
related infrastructure within the city limits of the City. The District has no employees and its
officers are either City Council Members serving in an ex officio capacity or City employees
designated to serve under the provisions of state law. In order to make the most efficient use of
public monies, to avoid duplication of effort and to coordinate their efforts, the parties have
entered into this Agreement. In the event of ambiguity or the need for guidance arises, this
Agreement shall be interpreted in accordance with Chapter 36.73 RCW, Chapter 12.29 of the
Bainbridge Island Municipal Code and the provisions of the Governmental Accounting Act and
RCW 43.09.2 10 as the same exists or shall hereafter be amended. In the event that any provision
of this Agreement is held to be in conflict with existing state statute or any future amendment
thereof, such provisions shall be severable, and the remaining provisions of this Agreement shall
remain in full force and effect.
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c. Immediately alert the District of any material changes in scope, schedule or cost
increases of 20% or greater to improvements funded in part or whole with District funds.
d. Utilize funding provided for projects shown on the District's annual work plan in
accordance with the District's material change plan and law.
3. Prepare an annual report of the District.
4. Ownership. Streets and related transportation infrastructure preserved and maintained
with District funds are and shall remain the property of the City. No joint property ownership is
contemplated under the terms of this Agreement.
50 No Joint Board. No provision is made for a joint board. The District shall exercise its
function in accordance with Chapter 12.29 of the Bainbridge Island Municipal Code, using staff
as provided by the City pursuant to law and this Agreement.
60 Insurance; Indemnity. The parties agree to participate in the Washington Cities
Insurance Authority (WCIA) insurance pool in accord with their respective interlocal agreements
with WCIA. The original charge or premium for the District will be borne by the City as a cost
to be covered under Section 3 and shall be paid for with funds received from or through the
District. In the event that either or both cease to participate in the WCIA pool, the party or
parties agree to obtain comparable coverage.
Each party agrees to indemnify and hold harmless the other party, its officers, agents and
employees from any claim, loss or liability arising from or out of the other party's negligent,
tortious or illegal actions under this Agreement.
7. Termination. This Agreement may be terminated by either party upon the provision of
one hundred eighty (180) calendar days' notice. A final reconciliation of costs, payment, and a
current report of completed activities shall be completed by the City within such period
following notice by either party.
Unless sooner terminated by either party, this Agreement shall expire on the date when
the District is automatically dissolved in accordance with the provisions of 36.73 RCW and
Chapter 12.29 of the Bainbridge Island Municipal Code, as the same exists or is hereafter
amended.
8. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
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90 Counterparts.
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same Agreement.
10. Filing with County Auditor,
The City Clerk of the City of Bainbridge Island shall file and record a copy of this
Agreement with the Kitsap County Auditor's Office immediately following the mutual execution
of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written
above.
CITY OF BAINBRIDGE ISLAND
Morgan
BAINBRIDGE ISLAND TRANSPORTATION
BENEFIT DISTRICT
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District Chair