HomeMy WebLinkAbout5554 RESOLUTION NO. 5554
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AUBURN AND THE
MUCKLESHOOT INDIAN TRIBE TO ESTABLISH A
PARTNERSHIP FOR IMPLEMENTING NON-MOTORIZED
IMPROVEMENTS ON AND ADJACENT TO STATE ROUTE-
164
WHEREAS, the City's 2015 Comprehensive Plan has adopted a policy to improve
the overall quality of life for Auburn residents through the design and construction of non-
motorized facilities; and
WHEREAS, the Muckleshoot Indian Tribe ("MIT") also values contributing to the
quality of life of its members, neighbors, and partners in the City; and
WHEREAS, a trails and sidewalk system will provide safe and effective non-
motorized transportation facilities on, along, and adjacent to SR-164, improving the
quality of life and public safety for both MIT and the residents of the City; and
WHEREAS, cooperation and partnership between the MIT and the City on projects
that provide safe and effective non-motorized facilities on, along, and adjacent to SR-164
(Projects) is needed to provide funding for the Projects; and
WHEREAS, cooperation and partnership between the MIT and the City on Projects
will help provide a sidewalk and trail system that meets the needs of MIT and the City;
and
WHEREAS, the MIT and City are willing to commit funding and staff resources to
the Projects as approved through the inclusion of the Projects in the respective MIT and
City budgets; and
Resolution No. 5554
September 29, 2020
Page 1 of 3
WHEREAS, the MIT and the City are authorized to enter into this MOU and
subsequent agreements under RCW 39.34.030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a Memorandum of
Understanding (MOU)with the Muckleshoot Indian Tribe related to forming a partnership
for implementing projects the improve non-motorized transportation on, and adjacent to,
SR-164, which MOU will be in substantial conformity with the MOU attached as Exhibit
A.
Section 2. The Mayor is authorized to execute funding agreements with the
Muckleshoot Indian Tribe in the general form of the agreement included as Exhibit A in
the MOU for projects that support the intent of the MOU and for which the Mayor has the
authority to enter into agreements per ACC 3.10.010.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directions of this Resolution.
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Resolution No. 5554
September 29, 2020
Page 2 of 3
Section 3. This Resolution will take effect and be in full force upon passage and
signatures.
Signed October 19, 2020.
CITY OF AUBURN
ANCY B US, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5554
September 29, 2020
Page 3 of 3
MEMORANDUM OF UNDERSTANDING BETWEEN THE MUCKLESHOOT
INDIAN TRIBE AND THE
CITY OF AUBURN ESTABLISHING A PARTNERSHIP FOR MAKING NON-
MOTORIZED IMPROVEMENTS ON AND ALONG SR-164
1. Parties
This memorandum of understanding("MOU") is made and entered between the
CITY OF AUBURN, (the "City") and the MUCKLESHOOT INDIAN TRIBE OF
WASHINGTON ("MIT") (collectively, the "Parties" and individually, "Party").
2. Background
On Thursday, December 5th 2019, City and MIT elected officials and staff met to
discuss various topics including the need for non-motorized improvements on,
and along SR-164. The City presented a brief history and summary of accidents
along SR-164 involving pedestrians and bicyclists. The Parties expressed a shared
interest in working together to develop, fund, and construct improvements that
would help make the areas on, and along SR-164 more safe for non-motorized
travel. On December 16th, 2019, City and MIT staff met to discuss needs for
projects to improve non-motorized travel and how these projects could be
developed, prioritized, and funded. The Parties agreed that a Memorandum of
Understanding could be developed to serve as a guideline for how the Parties
would work together to make non-motorized improvements on, and along, SR-
164.
3. Purpose
The goal of the MOU is to establish a working partnership that fosters
collaboration between the Parties to achieve the Parties' common aim to make
improvements that support non-motorized travel on, and along SR-164 between
M Street SE in Auburn and SE 400th Street in Unincorporated King County.
4. Project Workgroup
This MOU establishes a working group consisting of City and MIT staff that will
meet on at least a quarterly basis to discuss non-motorized needs on, and along
SR-164,potential projects to meet those needs,prioritization of those projects,
potential funding mechanisms and opportunities for the projects, and a plan for
implementing the projects. The workgroup will summarize its discussions to the
City and Tribal Councils at least once per year. The workgroup will prepare
project specific agreements between the Parties as needed to establish project
funding terms and present the agreements to the City and Tribal Councils for
review, discussion, and approval. The Parties anticipate that some projects will be
funded by both Parties and some projects will be funded by only the City or only
MIT. The workgroup will facilitate the preparation and submittal of joint grant
applications on behalf of the Parties for projects. The workgroup will facilitate the
MIT and City MOU
SR-164 Trails and Sidewalks
Page 1 of 2
preparation of support letters from the Parties as needed to support grant
applications for projects.
5. Funding Agreements
Agreements to provide funding for projects will be in the general form of the
attached Exhibit A.
6. Support Letters
Support letters for project grant applications will be in the general form of the
attached Exhibit B.
IN WITNESS TO THE TERMS OF THIS MOU, the parties have agreed to this MOU:
MUCKLESHOOT INDIAN TRIBE CITY OF AUBURN
.r /di
Chai.�1rs• .� ancy Ba , Mayor
Mu/eshoot Tribal Council
Date: Date: 11'2.3 '
APPROVED AS TO FORM:
102,YViL0,-- WiNekAA
Kendra Comeau, City Attorney
Date: \\•\ l WA)
MIT and City MOU
SR-164 Trails and Sidewalks
Page 2 of 2
EXHIBIT A
INTERLOCAL AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN TRIBE
AND THE
CITY OF AUBURN FOR SIDEWALKS AND TRAILS ON AND ALONG SR-164
This Interlocal Agreement("Agreement") is made and entered between the CITY
OF AUBURN, (the "City") and the MUCKLESHOOT INDIAN TRIBE OF
WASHINGTON ("MIT") (colle • -1y, the "Parties" and individually, "Party").
RE ITALS
1. The City's 2015 omp ehens le Pl• has adopted a policy to improve the overall
quality of life for . . 'res %ent th des ,n and construction of non-motorized
facilities.
2. The MI value • tribu g. o 1 :•41. 'e •f i citizens and neighbors.
3. A trails and si• alk s • t u • p •v •e. . e a d -ctive non-motorized
transportation facilities on, to •, ad •n t• : '4, •ro es the quality of life
and public safety for both M e'r ae- if:the i;
4. Cooperation and partnershi. •e en e 'r IT a the .y on °pr'o` ects that
provide safe and effective non-moton • :;f: ilities • ong, a'd .'•jac 'I` to SR-164
(Projects) is needed to provide funding for e Proje s `
5. Cooperation and partnership between the` IT a"`5 "qty Projects will help
provide a sidewalk and trail system that meets the ne • • MIS and the City.
6. The MIT and City are willing to commit fundi ``_"' a d staff resources to the
Projects.
7. The MIT and the City are authorized to enter into this Agreement under RCW
39.34.030.
AGREEMENT
In consideration of the mutual covenants, conditions, and promises, contained in
this Agreement, the parties agree as follows:
1. SCOPE OF SERVICES.
The MIT and the City agree to jointly plan, design, and construct of the projects listed on
attached Attachment A to provide non-motorized facilities on, along, and adjacent to SR-
164. Changes or additions to the Projects require amendment to this agreement.
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 1of9
2. ROLES AND RESPONSIBILITIES
Roles and responsibilities for each project are as listed on Attachment A and as defined
below:
2.1 Lead: The lead agency shall be responsible for obtaining all necessary
permits and/or agreements and for accomplishing all aspects of the Scope of
Work set out in paragraph 1 above. The lead agency be the contracting agent
responsible for mana.' contracts with design and construction
professionals. Th- cad agency shall remain responsible for the proper design
of the project. e = d a°:ency shall be responsible for the actual construction
of the project, rid : .'' g t struction of the project is complete
pursuant to a con ii ac to s an consistent with the terms of this
Agreem: ' e le-d a•,•nc w' 1 pr,, i e - the support agency with the
oppo 'a ni t. re e pr c '•la ane o ► 'vide comment on the project
desi a
'
22 Suppo s ort - sect mee .n s to provide input to
the lead age- y re are •.'o . e h-` pp.`' g-s cy shall have the
opportunity,but of ► ,to •ro,( pl -y,p ' r to the time that
such documents ar- co s der ��"e 1 ®y`'the lea s a en'` . The .ort agency
shallp rovide its comm it!,; it hi r 31 c e .ar day e f the o e that
the documents are submitt d -• e pport a:en ` for re c . The pport
agency will provide support 1 to s) to the ea; agenc o ppo he lead
agency's efforts to secure grants and par er+ ips.
3 COST REIMBURSEMENT AND FUNDING
3.1. Project Costs and Responsibilities: The responsibih sr paying all costs
associated with each Project shall be with the lead agency. Projects Costs
include,but are not limited to, the following: design engineering, right-of-way
acquisition, construction,permitting,inspection, contract administration
services, and other cost items agreed to by the parties. The support agency
agrees to provide funding or other support as specified on attached Attachment
A, provided that, such funding obligation shall be conditioned on the support
agency's issuance of a final funding commitment letter approving the Project
design, and completion of the Project in substantial conformance with the
approved design.
3.2. Invoicing and Fund Distribution: Upon completion of the Work, the lead agency
shall submit one inclusive first and final itemized invoice to the support agency,
for the lead agency's actual direct and related indirect costs incurred associated
with performance of the Project, up to the amount specified on Attachment A.
The support agency shall provide payment in full within sixty(60) calendar days
upon receipt of the itemized invoice.
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 2 of 9
4 INDEMNIFICATION
The Party acting as lead agency ("Lead Agency") shall indemnify and hold the Party acting
as supporting agency ("Supporting Agency")and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands,
suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or
nature,brought against the Suppo i.1: Agency arising out of, in connection with, or incident
to the Lead Agency'ss actions .s.the,®-ad Agency for its Project; provided, however, that if
such claims are caused b or ';s41.' from the concurrent negligence of the Supporting
Agency, its agents, empl• ees 'd/.r o ► e , this indemnity provision shall be valid and
enforceable only to the e *1,. ;:i f e ••hge,ce of the Lead Agency; and provided further,
that nothing shall t i ' the' Lea► :t _e,''y t• ,,hp,• harmless or defend the Supporting
Agency, its age s, • oy es • .r ,.ffi rs dm y claims arising from the sole
negligence of th 'Su►:ore • t � y;"is :"e' s e► ploy,e , and/or officers. No liability
shall attach to t e,P i'-' •y.re. on'of n / : . o Au_-ement except as expressly
provided. , ., , ;,!:,,,,,-*:: .,,:.,;,, 1.,
O
Should a court of competent j• s• io . ..te' e that R i 4: .115 at• '-s to this
Agreement, then the Parties agree o e n', ' d : ':r
it,,.•i ' ' o . each ► her th officers,
officials, employees and volunteers : ,. e- "to'` he max' u'' exten se' •itted''�
thereunder. It is further specifically and -x i essly u •el.' ood th. thi= inde ification
provided herein constitutes the Parties' waiver of i •• u.rty un• -r Indus ;al Insurance
Title 51 RCW, solely for the purposes of this ind- ifica '3 ..'T'• wa' er has been
mutually negotiated by the parties. The provisions if thi -of`4n sha survive the
expiration or termination of this Agreement.
5 COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered in this Agreement.
6 ASSIGNMENT
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other party.
7 WAIVER OF SOVEREIGN IMMUNITY
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 3 of 9
MIT expressly, unequivocally, and irrevocably agrees to a limited waiver of sovereign
immunity. The waiver is limited: (1) to actions brought by the Parties to this Agreement
(City and MIT); (2) for breach, termination, enforcement of contract provisions,
interpretation, validity thereof, including the determination of the scope or applicability of
this Agreement and the performance of any duties or responsibilities performed under this
Agreement; (3) to the extent allowed by law, for actual damages, that is, each Party waives
the right to consequential or punitive damages; (4) to determine applicable laws; and, (5) to
all actions necessary to enforce ; ents entered with respect to the enforcement of this
Agreement if not otherwise . olibte► by law. This limited waiver is available solely to
claims by City, its emplo eed,:gents and not by any other entity, entities, or any
individual or third party not . ' ' Agreement. Notwithstanding any other
provision in this Agre- ent, t 's 1' ed w.iver .f sovereign immunity is limited to the
extent of MIT's co ►u 'ons, rol , r= po' ib ties, der this Agreement, performance of
duties including 4 ,e, .1. ,, ,e-s'fix,, .f' on recti'n .rojects listed on Attachment A
whether by MIT its emple s, I is o e t=n .f .licable insurance coverage.
MIT consents to the j ► sa on o t. ).► v/.ri e: upe '.r Court in the event that
either Party deems it nec-ss to 1 g./e'o► . 4,,r0
ti. 'i !s;t. enforce any right or
X49
obligation under this Agr. t, 11"9.:: P`,ie rah gr e,;th. any such action or
proceedings shall be brought su►- o c► rt;,''situate• '''ng Co ty, Washington.
MIT agrees that it will not raise l '= iy ' XI'• -` sd 'ense ' ,.any dud :'al action
brought by the City to enforce this pro a o o '. y to "a -r this an'''; 'wi respect to
claims within the scope of the limited wai .` f sovere uni pro,'ded 'erein..
8 ATTORNEY'S FEES
If either party shall be required to bring any action to enforce y provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein,pay all of the prevailing party's reasonable costs in connection with such action,
including such sums as the court or courts may adjudge reasonable as attorney's fees in
trial court and in appellate courts.
9 OWNERSHIP AND USE OF DOCUMENTS.
All documents, reports, memoranda, diagrams, sketches, plans, surveys, design
calculations, working drawings and any other materials created or otherwise prepared by
either party as part of its performance of this Agreement shall be owned by and become
the property of that party, and may be used by that party for any purpose.
10 RECORDS INSPECTION AND AUDIT.
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 4 of 9
The MIT shall maintain books, records, documents, correspondence and other evidence
pertaining to the costs and expenses of the City Project(hereinafter referred to
collectively as "the records"), to the extent and in such detail as will properly reflect all
costs, direct and operating, of acquisition of real estate and of labor,materials,
equipment, supplies and services and other costs and expenses of whatever nature for
which reimbursement shall be provided by the City. The books and records required
under this Section shall be mai :. in accordance with generally accepted accounting
n'fth
standards. The MIT shall re ie rF cords and make them available for audit for a
period of six (6) years afte fi '• .a"' ent is made by the City pertaining to the MIT
Project.
11 NOTICES
.::,,,,i!,-,, ,,, :),, , :,,,,:: ;,,, !,,-:: ,. ,,,,,','::. ,,,,:,:',,, ,,,,
All notices and a e l "=under` . --d .r ailed I mailed,theyshall be sent
p ym
to the following respec -Y ad."es
D.
To the CITY: t o "'A' . •
•Pu.lc1► k ,II re
25 Wes i-"St"-et
Auburn, WA 9:001
253-931-301w
To the MIT: Muckleshoot Indian ' -be'
' ,
39015 172nd Ave. S.E.
Auburn, WA 98092
253-xxx-xxxx
or to such other respective addresses as either party may from time to time designate in
writing. All notices and payments mailed by regular post (including first class) shall be
deemed to have been given on the second business day following the date of mailing, if
properly mailed and addressed. Notices and payments sent by certified or registered mail
shall be deemed to have been given on the day next following the date of mailing, if
properly mailed and addressed. For all types of mail, the postmark affixed by the United
States Postal Service shall be conclusive evidence of the date of mailing.
12 NONDISCRIMINATION
The City for itself, its heirs,personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that it will comply
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 5 of 9
with pertinent statues, Executive Orders and such rules as are promulgated to assure that
no person shall, on the grounds of race, creed, color, national origin, sexual orientation,
sex, age, or the presence of any sensory,mental or physical handicap be discriminated
against or receive discriminatory treatment.
13 TERMINATION.
Neither the MIT or City may to 'sate this agreement without the written concurrence of
the other party.
14 MISCELLANEOUS
14.1. All of th ;co e ant . cs di ' i and .gre- e•is in this Agreement shall extend
to and b nd 1t ej e o a •.a srn ®f t parties.
14.2. This Au a all,be d e •ea ,/ de a cons, ed in accordance with the
laws of the S ''of as o J •''''''-c-' • an' enu f• .ny action arising out
of this Agreements all s i j,e co.- i f • a o at--in which the property
or project is located, ,..i %t si „p;- i►cj the ,1:1).;• 'g„, runty, 5 hington.
14.3. The captions in this Agree t r;. tb conveni:. c- only '. ds not i y way
limit or amplify the provisions o th' Agree nt '
14.4. The duration of this Agreement shall be 'or the;•-, o d.o m
ie-'”reasonably takes
for the performances by the parties as con plat- er",
14.5. No separate legal entity is created hereby. The "e entity,'). the parties hereto is as
set forth hereinabove.
14.6. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the
parties.
14.7. Unless a joint oversight and administration board is created as provided herein,the
oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraph 11 hereof,or their designees.
14.8. No provision of this Agreement shall relieve either party of its obligations and or
responsibilities imposed by law.
14.9. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held to be invalid or unenforceable by a
final decision of any court having jurisdiction on the matter, the remainder of this
Agreement or the application of such term or provision to persons or circumstances
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 6 of 9
other than those as to which it is held invalid or unenforceable shall not be affected
thereby and shall continue in full force and effect,unless such court determines that
such invalidity or unenforceability materially interferes with or defeats the
purposes hereof, at which time the City shall have the right to terminate the
Agreement.
14.10. This Agreement constitutes the entire agreement between the parties. There are
no terms, obligations, covenants or conditions other than those contained herein.
No modifications or . 1.- ents of this Agreement shall be valid or effective
unless evidenced by .s agree ent in writing signed by both parties.
14.11. Counterparts: his • : -`-me ma, be executed in multiple counterparts, each
of which shall •e one and t - sam Agr-ement and shall become effective when
one or mo.e ••s to ►art a b'en gne.• by each of the parties and delivered
to the of'er
/ '
IN WITNESS TO T T- S I . / , the ies have executed this
Agreement:
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 7 of 9
Attachment A — Projects and Responsibilities
:Project Description " Lead Support Support
Name Agency Agency Agency
Contribution
Riverwalk New 5' wide sidewalks along the east side of City MIT $500,000.00
Sidewalks— Riverwalk Drive from Howard Rd to Auburn and project
Auburn Way South and Recta : ;lar '..pid Flashing review
Way South Beacon(RRFB) c .ss ' at ' oward Rd. support not to
to Howard exceed 50
Rd staff hours
MIT Trail MIT • p des, io e' MIT City Project
Project :"-' review
support not to
exceed 50
staff hours
0
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 8 of 9
October 20, 2011
Matthew Enders, PE
WSDOT Highways & Local Programs Division
PO Box 47390
310 Maple Park Avenue S
Olympia, WA 98504-739e AL
Dear Matthew:
The Mucklesh.•t I •'an '•a IT C%u i `is !lea-,ed to be a supporter and partner in
the City Safety •rogr• •ran p. ic. 10,7 • he ' • Auburn. The Auburn Way
South SR-164 (A o ridor .f y ere I" des:-vi al safety improvements that
complement ongoin. .ns i ..
uc • • j: tn% •• to .-fety improvement
, planning for AWS betwe- k o'o 'I. a e: • k SE.
The City of Auburn and the `I -o• di Tr'• av' work d coo•.,-ratively with
WSDOT over the past couple yea % • v `op a c• p%-hens' a •rnd'o improvement
plan that will greatly enhance the sa = y;.o this hit ciden o':' e. • -rrently, the City
and MIT are partnering in the design a d cons c':'•n of 'o 0th- segments of this
corridor and we are hopeful that with the aw. d of th • '.n e f' al segment of this
planning effort can be realized.
Thank you in advance for your time and considerate•
Sincerely,
Muckleshoot Tribal Chair
Exhibit A to MIT and City MOU
SR-164 Trails and Sidewalks
Page 9 of 9