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RESOLUTION NO. Z i $ 1
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY
OF PACIFIC TO SHARE THE COST OF PROVIDING FOR REQUIRED
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MITIGATION AND MAINTENANCE FOR THE PERMANENT IMPACT TO THE
6 FISHERIES RESOURCES ALONG THE NORTH BANK OF THE WHITE RIVER
RESULTING FROM THE CENTER PIER OF THE STUCK RIVER BRIDGE.
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THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
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REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
JO Section 1. AGREEMENT. The Mayor and City Clerk are
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hereby authorized to execute an Agreement between the City of
Auburn and the City of Pacific to share the required
mitigation and maintenance expenses resulting from the center
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pier of the Stuck River Bridge. A copy of said Agreement is
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attached hereto, designated as Exhibit "A" and made a part
hereof as though set forth in full herein.
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Section Z. AUTHORITY. The Mayor is hereby authorized to
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implement such administrative procedures as may be necessary
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to carry out the directives of this legislation.
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DATED and SIGNED this 21st day of January, 1991.
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Resol~ion No. 2131
Janua~ 8, 1991
Page I
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3 CITY OF AUBURN
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6 MAY'OR
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9 ATTEST:
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12 Robin Wohl~ueter, City Clerk
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APPRO~-ED AS TO FORM:
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17 Stephen ~ Shelton,
18 City Attorney
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26 Resolution No. 2131
January 8, 1991
Page 2
EXHIBIT "A"
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INTERLOCAL AGREEI(ENT FOR SERVICES
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3 This Agreement is made and executed in accordance with
the Interlocal Cooperation Act (RCW Chapter 39.34) between the
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5 CITY OF PACIFIC, a municipal corporation of the State of
6 Washington, hereinafter referred to as ,,PACIFIC,,, and the CITY
7 OF AUBURN, a municipal corporation of the State of Washington,
8 hereinafter referred to as ,'AUBURN".
9 WITNESSETH:
10 WHEREAS, the Washington, Department of Fisheries issued a
11 Hydraulic Project Approval to the Washington Department of
]2 Transportation for the replacement of the Stuck River Bridge
lS over the White River; and
14 WHEREAS, the conditions contained in the Hydraulic
15 Project Approval require mitigation for the permanent impact
16 to the fisheries resources resulting from the placement of a
17 center pier as part of the Stuck River Bridge; and
]8 WHEREAS, trees must be anchored along the bank of the
19 White River to provide a means of enhancing the fish habitat
20 in the center pier area as mitigation; and
21 WHEREAS, the required mitigation must be maintained on
22 the White River bank; and
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Interlocal Ag~eme~ - Pac~c (~eso[uti~ ~o.
December 7, 1990
Page1
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2 WHEREAS, PACIFIC and AUBURN have agreed to provide the
means of enhancing fish habitat as required by the Washington
4 Department of Fisheries; and
5 WHEREAS, Auburn will perform the mitigation and the
maintenance thereof for the Stuck River Bridge replacement
7 project on behalf of the CITY OF AUBURN and on behalf of the
CITY OF PACIFIC; and
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9 WHEREAS, the parties have agreed to share the cost of the
10 required mitigation and maintenance with AUBURN charging
PACIFIC forty percent (40%) of the total value of the work
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AUBURN performs in the mitigation and maintenance of the Stuck
River Bridge replacement project.
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]4 NOW, THEREFORE, BE IT RESOLVED, the parties hereto in
15 consideration of the payments, covenants and agreements
hereinafter mentioned, to be made and performed by the
17 parties, do covenant and agree as follows:
18 I. PURPOSE.
19 The purpose of this Agreement is to specify the
20 responsibilities of PACIFIC and AUBURN who have each agreed to
21 share the cost of providing mitigation and maintenance for the
22 permanent impact to the fisheries resources along the north
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Intedoc~ Agreement-Pac~c(~esoLut~ #o.~151)
December7,1990
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2 bank of the White River resulting from the center pier of the
$ Stuck River Bridge.
II. MITIGATION.
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5 AS required by the Washington Department of Fisheries in
6 its Hydraulic Project Approval to the Washington Department of
7 Transportation dated July 24, 1990 under Control No. 00-44858-
8 02 for the Stuck River Bridge replacement project, AUBURN
9 agrees to provide riverbank fish habitat enhancement, by
10 anchoring large cottonwood trees or similar large tree species
to the riverbank on the north side, approximately six hundred
12 feet (600') east of "A" Street S.E. as shown on the sketch
]3 submitted with the letter to the Department of Fisheries dated
]4 July 20, 1990 from the Sverdrup Corporation, which sketch is
15 attached hereto as Exhibit "A" and is by this reference
16 incorporated herein. The plantings will be per the approval
]7 of the Washington Department of Fisheries, but most likely
18 will be interspersed between groves of trees that exist along
]9 the White River riverbank at the present time, extending
20 eastward adjacent to areas where the White River channel
2] currently runs. The trees shall be placed at the toe of the
22 bank and anchored in a manner that ensures they remain in
23 place during all flood events.
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I~edoc~ Agreeme~-Pac~c(Reso[uti~ #o. z131)
December7,1990
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I11 -'1 1
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2 III. M~INTEN~NCE,
3 AUBURN agrees, as part of the Stuck River Bridge
4 replacement project, to provide maintenance for the riverbank
5 as described in paragraph II above in mitigation for the
6 permanent impact to the fisheries resources resulting from the
7 placement of the Stuck River Bridge center pier.
8 IV. COMPENSATION AND METHOD OF PAYMENT.
9 A. AUBURN will perform the mitigation as described in
lO paragraph II above and the maintenance of such
Il mitigation on behalf of both the CITY OF AUBURN and
12 the CITY OF PACIFIC. AUBURN will make every effort
13 to utilize its own personnel and crews to perform
14 such mitigation and maintenance. AUBURN will charge
]5 to PACIFIC, and PACIFIC shall pay, for such work a
16 sum equal to forty percent (40%) of the total value
]7 of the time spent by the AUBURN crews and personnel
]8 at rates not to exceed the general rate charged to
19 municipalities for that type of work, or 40% of
20 invoices submitted by independent contractors to
21 AUBURN, whichever is applicable.
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I~efloc~ Agreeme~ - Pacffic (Resotutt~ No. 2131)
DecemberT, 19gO
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B. Payments for services shall be made on a
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reimbursement basis unless otherwise permitted by
law and approved in writing by PACIFIC.
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C. AUBURN shall submit to PACIFIC'S
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Public Works Director an invoice describing the
work accomplished and the charge therefor.
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D. PACIFIC shall make payment to AUBURN within thirty
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9 (30) days of the date of the submitted invoice.
V. DURATION OF CONTRACT.
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The terms of this Agreement and the performance of AUBURN
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shall commence on August 2, 1990 and terminate on August 2,
1995 and shall automatically renew from year to year
14 thereafter unless terminated pursuant to the terms and
conditions of this Agreement.
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1~ VI. TERMINATION.
17 This Agreement may be terminated by either party after
]8 August 2, 1995, by providing the other party and the
19 Washington Department of Fisheries ninety (90) days written
20 notice. The notice shall state the grounds for termination
21 and the specific plans for providing the required mitigation
22 and/or maintenance. This section shall not affect or apply to
23 billings or billing disputes.
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~edo~ Agreeme~ - Pac~¢ (Resotutl~ #o. z131)
De0embe~ 7, ~990
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VII. MODIFICATIONS.
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$ This Agreement may be modified and amended with the
4 written mutual consent of the parties hereto.
VIII. SEVERABILITY.
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A. It is understood and agreed by the parties hereto
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that if any part, term or provision of this
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8 Agreement is held by the courts to be illegal, the
9 validity of the remaining provisione shall not be
10 affected, and the rights and obligations of the
11 parties shall be construed and enforced as if the
12 Agreement did not contain the particular provision
held to be invalid.
B. If it should appear that any provision hereof is in
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15 conflict with any statutory provision of the State
of Washington, said provision which may conflict
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therewith shall be deemed modified to conform to
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]8 such statutory provision.
19 IX. MAINTENANCE OF RECORDS.
20 The parties shall retain all books, records, documents
21 and other material relevant to this Agreement for at least
22 three (3) years after its expiration. Each party shall have
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I~edoc~ Ag~eme~-Pac~c(Resoluti~ #o. 2131)
December7,1990
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2 full access and right to examine any of said materials at all
3 reasonable times during said period.
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6 CITY OF AUBURN
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9 BY:
BO~ I~6EGNER
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TITLE: Mayor
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15 Robin Wohlhuetor,
City Clerk
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17 Acting under authority of Resolution No. 2131.
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APPROVED AS TO FORM:
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22 Shelton,
23 City Attorney
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Interlocal Agreement - Pacific (l~eso[ution No. 2131)
December 7, 1990
Page 7
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2 CITY OF PACIFIC
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5 BY:
TITLE:
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9 DATE: ~ ~- ~-~ · ~
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Acting under authority of Resolution No. ~
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APPROVED AS TO FO~:
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17 City -A~orne~/
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I~ed~ Agr~me~ - Pac~c (~eso[uti~ .o. 2131)
Decem~r 7, 19~
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