Contract #19-46-09 - City of Kennewick - Interlocal Agreement - Advanced Wireless & Broadband Telecommunications Technology Collaboration

This Interlocal Agreement, entered into under Chapter 39.34 RCW (the Interlocal Cooperation Act), establishes a collaborative framework between the City of Kennewick and Public Utility District No. 1 of Benton County (PUD) for the planning, permitting, standard adoption, and deployment of advanced wireless and broadband telecommunications infrastructure within the City of Kennewick. The agreement recognizes the growing demand for mobile data and wireless connectivity, and the role that City street light poles and PUD power poles will play in hosting advanced wireless systems. The Parties agree to meet periodically to discuss infrastructure planning, collaborate on agency-specific infrastructure standards (including placement, aesthetics, and mounting heights), and coordinate the deployment of broadband telecommunications to support the City's traffic control management system.

The agreement designates Cary M. Roe, P.E., Public Works Director for the City, and Chris Folta, Director of Information Technology & Broadband Services for the PUD, as the primary contacts for administration. Key provisions include a mutual indemnification clause where each Party is responsible for its own negligent actions or omissions, with joint liability shared proportionally. Each Party must maintain sufficient insurance through their respective risk pools and provide 60 days' notice of any coverage reductions. The agreement also includes confidentiality protections for sensitive information exchanged between the Parties, with such obligations surviving termination.

The term of the agreement is perpetual, effective upon full execution (dated July 2019), with either Party able to withdraw upon 90 days' written notice. Any liabilities incurred prior to withdrawal must be satisfied within 30 days. The agreement does not create a separate legal entity and is severable. It represents the entire understanding between the Parties, with modifications requiring written amendments signed by both. The agreement is signed by Marie E. Mosley, Mayor of Kennewick, and Chad Bart, General Manager of the PUD, with legal approval from City Attorney Lisa Beaton.