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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. // // 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