HomeMy WebLinkAbout5602 RESOLUTION NO. 5602
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AND
ADMINISTER AN INTERAGENCY AGREEMENT
BETWEEN THE CITY OF AUBURN (THE CITY) AND
THE WASHINGTON TRAFFIC SAFETY COMMISSION
ACCEPTING A GRANT TO ENHANCE THE 37TH
STREET SE CROSSWALK SERVING GILDO REY
ELEMENTARY SCHOOL
WHEREAS, the City of Auburn's adopted Comprehensive Transportation Plan
establishes policies to build the City's non-motorized transportation system to enhance
and encourage pedestrian travel in Auburn; and
WHEREAS the 2021 Arterial Pedestrian and Bike Safety Project ("Project")
includes pedestrian crossing improvements on 37th Street SE at Gildo Rey Elementary
School; and
WHEREAS, the City applied for, and has been awarded, a competitive grant in the
amount of$75,000 from the Washington Traffic Safety Commission (WTSC) to help fund
school pedestrian crossing improvements on 37th Street SE, which are included in the
Project; and
WHEREAS, the WTSC grant requires the City to provide matching funds in the
estimated amount of$67,092.00; and
WHEREAS, the required matching funds have been made available in the approved
City budget; and
WHEREAS, the use of grant monies is in the best interest to the City.
Resolution No. 5602
July 21, 2021
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor and City Clerk are hereby authorized to execute an
interagency agreement between the City and the Washington Traffic Safety Commission,
in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Section 2. The Mayor is hereby.authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Project, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force on passage
and signatures.
Dated and Signed this a day of , ., , 2021.
CITY OF AUBURN
•
ANC ;: CKUS, MAYOR
ATTEST:
Shawn Campbell, City perk
APPROVED AS TO FORM:
Kendra R. Comeau, City Attorney
Resolution No. 5602
July 21, 2021
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�k. c g 1r 4rcx g 'Eta. � r
t • '. .. Resolution .5602 Exhibit A
"� V
• INTERAGENCY AGREEMENT
BETWEEN THE
Washington Traffic:Safety Commission,
:AND
City.of Auburn
THaAGREEMENT is made.and entered,into,by and:between.the Washington Traffic Safety Com;mission;hereinafter.referredto as
"WTSC,"and.City of Auburn, hereinafter referred to.as"SUB-RECIPIENT:"
NOW THEREFORE;in consideration of the.authorityyprovided to MSC.in RCW 43.59 and RCW 39:.34;terms;conditions,.
covenants; and performance contained herein,or attacheddand incorporated and made a.part:hereof,the parties mutually agree:as
follows: •
1.PURPOSE OF THE AGREEMENT:.
The purposeof this Agreementls toprovide:funding for traffic safety grant project.2022-Sub-grants-4371-Gildo:Rey Elementary
School Crossing Enhancement,. .
2.PERIOD',OF PERFORMANCE
The period of performance of this:Contract'.shall commence upon the date of execution.by both Parties or August:0:1,2021,:
whichever is later,and remain',in effect.until-June 30,2023,unless:terminated sooner;as'provided herein.
3.STATEMENT OF WORK
The SUB-RECIPIENT shall carryout the-provisions Of the traffic safety project described`here as.the. Statement of Work(SOW).If
the SUB-RECIPIENT is unable':to fulfill the SOW in'any manner on this project the SUB RECIPIENT niust contact the WTSC
Program Manager and discuss a potential amendment.All State regulations•will apply.
3.1 SCOPE"OF WORK
31.1 Problem;ID and/or"Opportunity
The primary vehicle and non-motorized street access to-'Gildo'Rey`Elem.entary school is located on 37th-Street SE.There is
'currehtlya,marked'pedestrian crosswalk at this location that provides for north=south.crossing:movements.across'37th Street SE:
This is a mid-block crossing., meaning,that:there is no-intersecting::publicstreet at thislocation,and:no:stop signs forcross:traffic,
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The crosswalk:is Iodated between two:opposing horizontal curves of°the roadway,'limiting:the distance:from which'the crosswalk is
visible.37th Street SE is.a three-laneroad:.(east arid westboundlanes with,a double left,ttithlane. ihe middle)classified as a
• Residential;Collector`street.
Residential collector streets'.connectneighborho`ods and:community centers to:the higher volume.arterial:streets,as such they carry
a,significantvolunie Of traffic.This location in particular:sees'higher volumes owing to it being the only vehicle:access•to Gildo Rey
Elementary,as well,its proximity to Mt .Baker,Middle School a quarter mile to the westithat is•also'accessed.from 37th Street.SE.
School staff'reportthat,under normal:operations,this:37th Streetacce'ss is'.utilized by over 9:0.percent of their walking,and:biking •
students.
Modifications to their campus operations,necessitated by the COVID'19:Pandemic have required the:closing ofThe gate that
usually provides pedestrian access from M street SE at thenortheast corner of campus.`This.has currently.shifted 1'06ipercent:of ' ,
• their walking.and biking students to,access:the campus from Vitt Street.E and is expected to'.continue'in'this fashion when
' students return in fall 202.1.
•
The vast majority.of students,attending'Gildo Rey•ElementaryeltheYwalk or bike to school::;The 37tH Street:crossing is staffedwith a.
flagger forloth'start:and release timemindows.The school principal:receives regular reports at least orlce;or twice a month;from
the flaggersthat vehicles are drivingatexcessive;speedsandlorfailing to.yield at the.school crossing Withall non-motorised
students using 37th'Street;to access the school,and the resulting increased'use of the crossing;this is expected`'to:increase So far
they have had noreported injuries butthe situation is troubling•to.parents,teachers,staff andlschool.administration alike.
3.1.2 Project.Goal
Increase walker and roller safety at the street'access to Gildo Rey:Elementary&hoot by reducing;the percentage of vehicles:that
do not yield to.pedestrians in,the cross-walk'. •
3.1,3 Project Strategies, Objectives,,and Measures
Strategy1 -Install Rectangular Rapid:Reflecting Beacons, enhanced signage,and thermoplastic pavernent:rnarkings at the"37th;
Street SE.crossing.
Objective 1.1 :Execute procurement,process and select contractor:.
Objective_12—Supervise installation:of equipment.;ehd certify completion.
Process Measure-Collect pre-and post-projectsurvey.ofschool staff.for observations and perceptions of";cross-walk safety. Final •
report will discuss and!compare pre-and post-survey resultsto gauge impact:of project.:
MILESTONES, DELiVERABLES,AND PERFORMANCE MEASURES ••
• Completed
e i
Description
' f ' Date
r ,
Collect pre-project survey of school staff for observations and perceptions of cross=walk safety 12/31/2021
Engineering design of project improvements 04/30/2022
Bid solicitation and contractor.selection 05/31/2022: •
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• Notioe'to contractor to begin construction :07/01/2022 ,
Substantial.completion' Q9/30/2022
Collect post-project survey of school staff for observations and perceptions Of cross-walk safety 12131)2022:
:and compare to pre-project data
3.3. COMPENSATION
13,1.The cost Of accomplishing the work described in the SOW will riot exceed;75;000:01 Payment for satisfactory perfOrnianoe
of the:work shall notseXceecl this amount unless the parties:mutually agreeto a higher amount ina Written Arnentifr!erit.to this
AgreenienteXecuted by both parties:
13:2. If the SUB-RECIPIENT intends to chargeindirectcosts,an Indirect Cost Rate must be•ettabliehed in.occroclance,witn'irkirtQ
policies,and a federally-approved cost-allocation:plan maybe reqUired to be:SUbriiitteatO the WTS,Oi befOreany performance is
conducted under this Agreement.
3.3.3 The SUB-RECIPIENT must submit a travel authorization form,(A-40):to request approval for any travel not defined in the
scope of work and for all travel outside Of the continental United states State travel policies(SAM Chapter 10)would apply.
3.3.4,,if WTSC:tnakestravel arrangements On behalf of the-SUB-RECIPIENT,state travel.policies must be followed..See
WaShingtonState AdrniOietratiVe&Accounting.Manual(SAAM):dhapter 1.1 which:can:be obtained at this website: •
httpS://WOM:Oftn.via.govisitee/ciefaultlfilet/ptiblictle'gaCy/policy/1thtilt,,If for any reason,this.information is not available.at this
website,contact VVTSC•offite at 360-725-9860,
3.3:6.WTSC will reimburse travel relatedexpenses consistent with the Written travel policies()Mlle SUS-RECIPIENr:If no written
policy exists, state travel policies.(SAAM:Chapter 10)apply.
3.3.6.WTSC will only reimburse the stia,RECipiNT for travel related expenses:for travel defined in the scope of work and budges
or for which:approval was expressly granted.The SUB-RECIPIENT mUet provide appropriate documentation tretelpts)to•sUpport
reimbursement requests,including the A-40 Travel Authorization font,if required.
3.4, SUMMARY OP PROJECT COSTS.
. ,
. . . ,
. • , . . ,
SUMMARY OP COSTS *4 -••,•• • • AMOUNT '
Employee salaries and benefits $0.00
Travel $0.;00
Contract Services • :$75;006.00 •
Equipment(listed in the tableloelow)
Goods or other expenses 1$.0:00
•
Indirect costs $0.00
TOTAL $75,000.00
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A:portion of the contracted construction costs kir-the project will be applied to labor and Materiala.related to.the installation of the
enhanced signage, pavement markings, street light,:RRFB,and necessary power infraStrUgure Therefa standalone eqiiipment
purchase.associated With the.proposed project„The cost of necesparyequiprrieritirriateriala to complete this project will be included
in the contractors bid price. 52.8 percent of egimated projectcost.will be paid:bythis grant:
•. • The city of:AtibUrn't cash match will cover the remaining'cost for labor and materials to instalithe signage,1 paVement Markingai
street light, RRFB, power service as well as additional surface improvements,necessary to.;meetADA and loc,aiStandardS for the:
inttallation of an RRFB assent:1y,
APPLICABLE STATE TERMS ANDCONDITIONS:
•
4.ACTIVITY REPORTS:
The SUB-RECIPIENT will submit a final report on the activity ofthis projectin the form provided by the WTSC:uSing the wrsC • •
Enterprise Managernent System (WFMS)Progrest Reporting processor otberalternatemons,preapprOVed by WrSC...The•SUB., •
RECIPIENT will include COpiee•of pUbliCationk trainingreports,and any atotiatidafdatO'gartprate0 irlOrOjeOtaZettitiOn in the reportS .
The final.repot Will be submitted tO wrse.within 30 claysof fermiqatiort,of thio.Agreernept.'MSC reserves the righttp•delay the
processing of thefinal invoice Until the report .reCeiVed and approVed;
5.ADVANCE PAYMENTS.PROHIBITED.
No payments.in:advance of or in anticipation.of goods or services tote provided under this Agreement shall be made bythe WTSC.
•
6.AGREEMENT ALTERATIONS AND:AMENDMENTS'
This Agreement may be amended by rmituatagreement ofthe parties in the form.ef a written Amendment to this Agreement. Such
amendmentsshall only be binding:if they are in writing and signed by personnel authorized to bind each ofthe parties.
7.ALL WRITINGS CONTAINPD AEiN
This Agreement contains all the terms and conditions agreed upon by the parties:No other understandings oral oral or OtherWise,
regarding-the.aubjeOt:Matter of this Agreerrient,shall be deemed exist 016 bind any of the'0410 heretC,
8,ASSIGNMENT
The SUB-RECIPIENT may not assign the work to be provided,under this Agreement; in whole or in part without the express prior
written consent of the-WISQ,,which consent shall not be unreasonably Withheld,The SUB-RECIPIENT Shall'providete'v.VTSC a.
copy of all third party contracts and agreements entered into for purposes Of fidflifing the$(7W...such,.tili*patly contracts and
.agreements naitt-f011ow applicable federal,Statee•and local laW,iriclluding Opt.nOt procurementproér httaw fUlea',:and prop.adoreo,
9.ATTORNEYS' FEES
In the•event of:litigation Or-other action brought to enforce the Agreement terms,each party agrees to bear its own attorney fees and
costs.
•
10.BILLING PROCEDURE'
The SUB-RECIPIENT shall submit monthly inVoiceS,for reimbursement to Wrac with supporting 000rhootatioo.s-vyrse Shall
require All invoices for reimbursement shall be submitted through the WEnis:itivoloih.gorooes,.or via alternate method if approved .
by'A/TSC.Paymentio the$pp-RactplatT for:approved and-otimple.tq:work will'bp rr000•oy wkrootor.ab000rittranoor
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WTSC within 30 days;of receipt of such properly-documented invoices acceptable to WTSC..Upon,expiration of the.Agreement,any
claim:for payment not:already made'shalr be submitted within 45 days:afterthe expiration date:of this:Agreement.All invoices.for
goods:received or services performed on or prior to June 3Q,must be received by,\NTSC:no laterthan•August 10 ofthe.seine;
calendar year.All invoices forgoods received or services performedbetween July 1 and September 30,must be received by MSC
no'later than:November 15 of:the same calendar year,WTSC reserves the right to delay the processing,of invoices.until activity
reports required by Section 4of this agreement,are.receiv..ed and,approved,
11.CONFIDENTIALITYISAFEGUARDING OF INFORMATION:
The SUB-RECIPIENT shall:net usepr disclose any'information concerning the WTSC, or infOrrnationinfhiCh;they be classified as' • •
confidential,for any purpose:'not directly connected with the:administration of thiss Agreement,except with prior written consent of
•
the WTSC,.oras maybe required by law.
- , 12..COST PRINCIPLES •
• Reserved.This space left intentionally blank.
13.COV,ENA:NT AGAINST.CONTINGENT FEES
The SUB-RECIPIENT`warrants that it has not;paid,and agrees not:to pay,any bonus, commission,brokerage,:or contingent fee to
solidi(or secure this Agreement or to obtain approval of any application for federal financial assistance for-this Agreement The .
WTSC:shah have the right, in the event of'breach of this section by the:SUB-RECIPIENT,to annul this Agreement without'liability::
14. DISPUTES
14.1;Disputes,arising;in the performance of this Agreement,.which:are not resolved by agreement-of the:parties,shall be decided in
writing by the WTSC Deputy designee.This shall.be final and conclusive,.unless Within 10 days..from the,dated.
the:SUB-RECIPIENT'sreceipt of'WTSC'swritten decision,the SUB-RECIPIENT furnishes a written appeal to the.WTSCDirector:
The SUB-RECIPIENT's appeal•shall be decided in writing by the Director or designeewithin 30 days of receipt of the appeal by the
•Director.The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abideby the decision.
•
14.2. Performance During Dispute. Unless otherwise directed by WTSC,the SUB-.RECIPIENT shall continue performance under
this Agreement while matters in•dispute are being resolved:.
14.3.In the event that eitherParty.deems it necessary to institute legal action or proceedings."to enforce any.right orbbligation •
under this Agreement,the,Parties hereto agree that any such.aotion or"proceedings Shalt be brought in the superior court situated:n •
'Thurston County,Washington:
•
15,.GOVERNANCE
• 15.1.This Agreement is entered into pursuant to and under the.authority granted by the laws of the state of Washington and any
applicable federal laws.The provisions of this Agreement shall be construed to conform to these laws,.
15:2.:In the event of an inconsistency.in:the terms of this Agreement;.or between its terms:andany applicable statute or rule;the
•
inconsistency:shall be resolved by giving precedence in the following order:
15.2.1:Applicable federal and state statutes and rules
15.2.2.Terms and Conditions orthis
15:2,3;Any Amendment executed under this Agreement
I5.2':4:,Any S:OW executed under this.Agreement
15:2:5_Any other provisions of the Agreement,'including materials incorporated by reference:
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16.INCOME •
Any y ( g•. pregistration:fees,or service
:income earned b =the SU,B-REC:IPIENl":from the conduct of the SOW e. sale of publications,:
charges)must be accounted for,.reported to WTSC,.and that must beapplied:to project purposes or used:to reduce project
costs.
17.INDEMNIFICATION'
1.7.1,To%the fullest extent permitted by law;the SUB-RECIPIENT shall indemnify and holdharmless the'WTSC,;its:officers,.
employees,and agents,and 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(°claims")'brought against.WTSC,arising out of or`.in.:connection with;this: •
Agreement and/or the SUB-RECIPIENT'S performance or faiture to perform'any..aspect Of'the Agreement.This indemnity provision
applies to all claims against WTSC,its officers,employees,and;agents arising outof,in connection With',or incident to the acts or
omissionsthe SUB-RECIPIENT,'its officers,employees,;agents,.contractors,and subcontractors Provided however that nothing
herein .shall require the SUB-RECIPIENT to.indemnify and hold harmless or defend the WTSC., agents, employees,or officers to
the extent that claims are caused by thenegligent:acts oromissions of the WTSC; its officers emplovees or agents;and provided:
further that if such claims"result from the concurrent .o :(a)the SUB-RECIPIENT,;its officers, employees,agents, •
contractors,or subcontractors,and'(b)the WTSC,its.officers,employees,•or,agents,-or involves those actions covered by RCN:
4.24.11:5, the indemnity provisions:provided herein:shall be valid and enforceable only to the extent of the negligence of the SUB-.
RECIPIENT, its officers,employe.es,,agents;,:contractors, orsubcontractors:
17.2.The SUB-RECIPIENT agreesthat its obligations under this Section extend toany claim,demand.and/or cause of action •
brought by,,or on behalf of,.any of its employees or agents in the performance of this agreement, For this purpose;, SUB-
RECIPIENT, by mutual negotiation, hereby waives with respect to WTSC only, any Immunity that thatwouidi otherwise be avallableto:
it against such claims'under the iridUstriat In,surance provisions chapter$1.:12 ROW.
1.7.3.'The:indemnification and:hold harmless provision:shall survive termination of this Agreement.
18. INDEPENDENT CAPACITY
The employees oor agents.of each'party who;are.engaged.:in the performance of this.Agreement;shall continueto be employees or
agents of that partyand`shall,not be:considered for any purpose to be_employees:or agents of the other party.
19.INSURANCE COVERAGE
19,1.The SUB-RECIPIENT shall coinplywith'the provisions of Title.51 RCW; Industrial Insurance, ifrequiredbylaw.
19:2.If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCK!prior-to,thestartof any
performance of work underthis Agreement;the SUB-RECIPIENT shalt provide WT$C with proof of insurance coverage
vehicle liability insurance;private property liability insurance,or commercial property liabilitynsurance),as:determned appropriate
by WTSC;which protects the SUB-RECIPIENT and MSC from risks associated'with'executing;the SOW:associated with this
Agreement.
20. LICENSING,ACCREDITATION,AND:
The SUB-RECIPIENT shall`.comply with all.applicable:local,state,and federal licensing,accreditation,and registration requirements
and standards.necessary for theperformance of this Agreement.The SUB-RECIPIENT shall,complete registration:with the •
Washington State,.Department of Revenue, if required„and:be.responsible for payment of:all taxes due on payments made under
this'Agreement:
21.RECORDS MAINTENANCE.
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• 2:1.1. During the term of this Agreement and for six:years thereafter,the SUB-RECIPIENT shall:maintain books,records;.
documents,and other:eviden.ce.that sufficiently and properly reflect all direct and indirectcosts expended<in the performance of`the
services:described:herein.These records shall be subject to inspection, review, or audit by authorized personnel.ofthe:WTSC;.the
Office of the State Auditor,andfederal.officials so.authorized by law:All books,records.,documents and other material relevant:to
this,Agreemehtwill be retained for six years after expiration.The'Office of the State.Auditor,federal auditors,the VVTSC,.and:any
duly authorized representatives shall have full access and:the right<to.examine any of these materials during this.period.; •
21.2.Records:and other;documents, in,any medium,furnished.by one party to this Agreement to the-other party,will remain the
property of the furnishing.party; unless otherwise;agreed.The receiving party will not disclose orrnake:available'::this material to any
third parties without.firstgivirig'notice.to the:furnishing party and giving them;a reasonable opportunity to'respond.Each party.wiill
utilize reasonable security procedures and protections toassure that records and'documents provided by the other party are not
erroneously disclosed to third parties.
22. RIGHT OF INSPECTION
The SUB-RECIPIENT shall provide right-of access to its facilities to the WTSC or any of its;officers,,or to any other authorized.agent
or official of the state of Washington:or the federal government,atall reasonable times in:order.to,monitor and'evaluate
performance, compliance,and/Or quality assurance under this agrreement..The SUB-RECIPIENT shall.make.available information
necessary for WTSC to comply with the right'to access, amend;and.'-receive an accounting:of disclosures of their Personal
Information according to the Health Insurance Portability"and Accountability Act of.1996(HIPAA)or any regulations enacted or
revised pursuant to'the,HIPAA provisions:and applicable-provisions of,WashingtonState law..The•SUB-RECIPIENT shall upon
request make available to the WTSC and the United States Secretary of the.Department.of Health and Human Services.all:internal
policies and procedures,books, and records relating to'the safeguarding,'Use,and disclosure of Personal lnforrnation.obtained or'
used as a result.of.this.Agreement,
23.RIGHTS IN DATA,
23.1.WTSC and SUS-RECIPIENT agree that all.data and;work products(collectively:called"Work Product")pursuant to this
Agreement shall be considered works made for,hire under the U.S Copyright Act, 17 USC§:101 etsseq., and shall be owned by
state of Washington.Work°Product;includes, but is not limited toy reports, documents; pamphlets, advertisement,books,magazines, •
surveys, Studies, computer programs,films,'tapes,:sound_reproductions,designs; plans,diagrams, drawings Software;and/or.
databases to the extent provided by law.Ownership includes the right•to copyright,:register the copyright, distribute, prepare
.derivative works,publicly perform.publicly display, and the ability to otherwise use and transfer these rights.
23.2.;If for any reason the Work.Product'would not be considered'a work made for hire underapplicable law,the.SUB-RECIPIENT
assigns and transfers to WTSC the'entire'right;title,and interest'in and to all rights''in the:Work Product and;any registrations and
copyright applications relating;thereto and anyrenewals and extensions thereof:.
23:3.The.SUB-RECIPIENT may publish,at its own expense,the results of project'activities without prior review by the WTSC,
providedthat any publications (written,visual,or sound)contain acknowledgment of the support.provided by WTSC.Any discovery
or invention derived from work performed under this projectshall'be referred to the WTSC,.who will determine whether patent
protections will besought,how any rights will be administered,andother actions required to.protect thepublic interest.
24. SAVINGS
In the event funding from state,federal, or other sources is withdrawn, reduced,or limited'in any way after the effective date Of this
Agreement and prior to completion Of the SOW'under this Agreement,the WTSC'may terminate the Agreement under the
"TERMINATION FOR CONVENIENCE"clause,without the 30 day notice requitement;The Agreement is subject;to renegotiation at
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the V11TS:C's discretion under any new:funding limitations or conditions.
25.SEVERABILITY
If:any provision of this Agreement or any provision of any documenfincorporated.by reference Shall tie held invalid,.such invalidity
shall not affect the other provisions of this Agreement which 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.
26.SITE SECURITY
While on WTSC premises,the SUB-RECIPIENT,its agents, employees,or sub-contractorsf shall conform in all respects with.all,
VVTSC physical,fire, or other security:policies and:applicable regulations..
27.TAXES
All payments of payroll taxes; unemployment contributions,any other taxes, insurance,or other such expenses for the:SUB-
RECIPIENT or its staff shelf be the sole responsibility of the SUB-RECIPIEN.T..
28.TERMINATION EOR
:CAUSE.
If the SUB-RECIPIENT doesmot"fulfill'in.a timelyand proper.:manner its obligations;under this Agreement,or violates any of these
terms and conditions,the WTSC.will:give the:SUB-RECIPIENT Written notice of such failure orv.iolation„and:may terminate this:
Agreement immediately.At the- MSC's discretion,the SUB-RECIPIENT'may be given 15 daysto correct the violation or failure. In
the eventthatthe SUB-RECIPIENT`is given the opportunity to'correct the Violation and the violatien.is hot;corrected:Within the 15-
day period;this Agreement may be terminated atthe end of that period by written notice of the WISC.
29.TERMINATION FOR CONVENIENCE
Except:as otherwise:provided:,in this Agreement, either party may terminate this Agreement;:without cause.or reason;with:30 day§
written notice to the other party. If.this;Agreement is so terminated,the°VVT:SC'shall be liable only for p.ayment required under-the'
terms of.this Agreement for services rendered or goods delivered prior;to:the:effective date:of termination.
30.TREATMENT OF ASSETS
30.1,Title toall property furnished,by the 1NTC shall remain:prope:rtyof the VVTSC.,Title to all property furnished;by the_SUB=
RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to,be reimbursed a's a direct item of cost under:this Agreement
shall pass to and vest in the VVTSC upon.delivery of;such property by the SUB-RECIPIENT.:Title to other property,the cost_of which
is reimbursable,to the SUB-RECIPIENT";under this Agreement,,Shall'pass.to and vest in:the:'VVTSC upon(i)`,issuance foruse.Of such
property in theperformance of this.Agreement,or(ii)commencement of.use of such property'in the performance of this Agreement,
or(iii)reimbursement of the cost:thereofby the WTSC in:whole orin part,whichever first occurs.
30.2.Any property of the WTSC furiished'to:the.SUB-RECIPIENT shall, unless Otherwise:provided-herein or approved bythe
VVTSC,be used only for the performance of this Agreement.
:30.3.The SUB-RECIPIENT shall be responsible for any loss or damage to property of the VVTSC:which results from the negligence
of the'SUB-RECIPIENT orwhich results:from the failure on:the part of the SUB-RECIPIENT'to.maintain and administer that property
in accordance with sound management practices.
30.4.”If any W .SC property'is lost,'destroyed;or damaged,the SUB,-RECIPIENT shall immediately notify"the'VVTSC and:shall take
all reasonable steps to protect the property:from further.damage.
30.5.,The SUB-RECIPIENT shall surrender tothe WTSC all property":of the WTSC upon:com pletion,:termination,.or:cancellation'of
1406..4.0f-10,
DocuSign Envelope ID:8FA869C7-A98D-47B9-8BA3-D33D3DDADACC
this Agreement.
30.6 All reference to the SOB-';RECIPIENT under this clause shall also include SUB=RECIPIENT s.employees,agents,or sub-
Contractors.,
31.WAIVER
A failure by'either party to exercise its rights under this Agreement shall not precludesthat parry from subsequent exercise of such
rights and shall:not constitute a waiver of any other rights under this:Agreement.
32:DESIGNATED CONTACTS
The following harried individuals"will.serve as designated cbntactsfor'each of the parties for all communications, notices;:and..
:reimbursements regarding this Agteement:
• N
The:Contact for.;the.S,UBRECIPIENT ' The Contact for WTSC ls:
•rud ....•...uw.rirw r, a•.'•, r.•we•wMwhu . ... .,.arwwr•. .... as wau.aVtN.•.. ..
Aleksey Koshman ; Debi Besser
akoshman@auburnwa:gov I dbesser@wtscwa.gov
253-804-5071 360=725-9.890 ext..
33:AUTHORITY TO SIGN'
The undersigned a ckhowIedgethatthey are authorized to execute'this Agreement and bind their respective agencies or entities to.
the obligations set forth herein.
IN'WITNESS WHEREOF,the parties'_have.executed this Agreement.
City of'Auburn
[7\DocuSigned
by:
ACCUrB"72`4611:.,'. i F6S
Signature.
Nancy Backus
Printed Name
Mayor
Title
10/4/2021
Date
page g of 1'0,
DocuSign Envelope ID:SFA869C7-A98D-47B9-8BA3-D33D3DDADACC
WASHINGTON TRAFFIC SAFETY COMMISSION
—DocuSIgned by:
P PAVUAilk
Signature
Pam Pannkuk
Printed Name
Deputy Director
Title
10/4/2021
Date
page1:0-Of 1,0
Printed Date: 7/22/2021
Gildo Rey School Crossing Enhancement Project MapCreatedbyCityofAuburneGlS
Imagery Date:May 2015
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I I Information shown is for general reference
purposes only and does not necessarily
1 i n = 667 ft 1 8,00� represent exact geographic or cartographic
NAD_1483 StatePlane Washington_North FIPS 4601 Feet ' .data as mapped.The City of Auburn makes no
warranty as to its accuracy.
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