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HomeMy WebLinkAbout5747 (2)RESOLUTION NO. 5747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE AUBURN SCHOOL DISTRICT FOR PUBLIC STREET FEATURES TO SUPPORT SCHOOL SPIRIT WHEREAS, students with a sense of school spirit perform better academically, are more engaged, and are generally happier; and WHEREAS, developing and promoting a sense of school identity can help encourage school spirit; and WHEREAS, the City of Auburn (City) and Auburn School District (District) have a shared desire to help the District students achieve success; and WHEREAS, school spirit features placed on, and along, City streets can help promote school spirit; and WHEREAS, the City has the authority to approve right-of-way uses, and to ensure that proposed uses are consistent with the health, safety, and welfare of the community, and that any harm or nuisance which may result from a proposed use is prevented; and WHEREAS, the City is willing to allow the District to place features that support school spirit within the City right-of-way with terms and conditions; and WHEREAS, the District and the City are authorized to enter into an interlocal agreement (Agreement) under RCW 39.34.030. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 5747 November 9, 2023 Page 1 of 2 Section 1. The Mayor is authorized to execute an interlocal agreement Agreement) with the Auburn School District related to the providing school spirit features within City right-of-way, which Agreement will be in substantial conformity with the Agreement attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directions of this Resolution. Section 3. This Resolution will take effect and be in full force upon passage and signatures. Dated and Signed this 20th day of November, 2023. CITY OF AUBURN A •_ __IN. • . ., iiNANCYiAi , MAYOR ATTEST:AP'ROVED ti i .oRL.): Shawn Campbell, MMC, City Clerk Harry Boesche, :cting City Attorney Resolution No. 5747 November 9, 2023 Page 2 of 2 Page 1 of 6 INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN AND AUBURN SCHOOL DISTRICT FOR PUBLIC STREET FEATURES TO SUPPORT SCHOOL SPIRIT THIS INTERLOCAL AGREEMENT (Agreement) made and entered into on this day of November 22, 2023, by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as “City” and, the Auburn School District, hereinafter referred to as the “District.” WITNESSETH: WHEREAS, students with a sense of school spirit perform better academically, are more engaged, and are generally happier; and, WHEREAS, developing and promoting a sense of school identity can help encourage school spirit; and, WHEREAS, the City and District have a shared desire to help the District students achieve success; and WHEREAS, school spirit features (as defined in this Agreement) that the District places on, and along, City streets can help promote school spirit; and WHEREAS, the City has the authority to approve right-of-way uses, and to ensure that proposed uses are consistent with the health, safety, and welfare of the community, and that any harm or nuisance which may result from a proposed use is prevented; and WHEREAS, the City is willing to allow the District to place features that support school spirit within the City right-of-way in accordance with the terms of this Agreement. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. Definitions School Spirit Features means items attached, placed, set, installed, or constructed in the City right-of-way by the District under this Agreement. Examples include, but are not limited to, street light banners, signage, planters, and crosswalk markings. This definition does not include banners hung across E Main Street or Auburn Way South at the Burlington Northern Santa Fe bridge, which are subject to a separate and specific City right-of-way use permit requirement and process. Right-of-Way Facilities means improvements, physical facilities, or other City owned items in the right-of-way. Examples include street lights, pavement markings such as crosswalks, signs, roadways, and sidewalks. This definition does not include City owned DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026 Page 2 of 6 traffic signal poles, pedestrian push button poles, or infrastructure owned by any entity other than the City located in the right-of-way, or infrastructure located outside of the right- of-way, or on private property. District means the Auburn School District and any person, entity, agent or contractor acting on the District’s behalf. 2. General The District agrees that all School Spirit Features it places, installs, or constructs under this Agreement shall be owned by the District, and that the District shall have sole responsibility to maintain, remove, and replace the School Spirit Features as required to ensure they are consistent with public health, safety, and welfare of the community, and that they do not cause any harm or nuisance. The District agrees that at any time, and for any reason, the City may require the District to remove the School Spirit Features from the right-of-way and to restore any impacts the School Spirit Features may have had on the right-of-way. The District is responsible for repairing or replacing Right-of-Way Facilities that are damaged or otherwise impacted by the District or the School Spirit Features. The District agrees and understands that this Agreement is not intended to authorize, allow, permit, or otherwise approve permanent structures, facilities, features, or improvements that require land-use review, building permits, traffic engineering, structural engineering, or environmental reviews. Facilities such as monument signs, sculptures, and traffic control beacons/signals/signage are excluded from this Agreement. 3. Construction Permit Required The District shall not place, remove, or modify any School Spirit Features in the right-of- way without a City issued construction permit . An issued construction permit may include additional terms and requirements applicable to specific School Spirit Features. Construction permits for removal of School Spirit Features may require the District to restore right-of-way or Right-of-Way Facility damage caused by the School Spirit Features or their removal. General maintenance and repairs of School Spirit Features do not require a permit unless vehicular or pedestrian traffic will be impacted in which case a construction permit with traffic control plan would be required. School Spirit Features placed by the City, without any work in the right-of-way by the District does not require a construction permit. 4. City Assistance and cost reimbursement The District shall request City assistance in placing or installing School Spirit Features. Such requests are to be made in writing or via e-mail to the City contact listed in this Agreement at least ninety (90) calendar days in advance of the requested installation date. The City will consider such requests and may decline or accept to provide the assistance for any reason within thirty (30) calendar days of receiving the District request. If the City is willing and able to provide the assistance, the City will provide the District with an estimated cost to provide the assistance with its response. Estimated costs shall include City staff time, overhead, materials, equipment, and vehicle costs. Upon acceptance of the estimated costs within thirty (30) calendar days of the City response by the District, the City will provide the assistance per an agreed upon schedule between the City and District. If, at any time, actual costs exceed estimated costs by 20% or more, the City will notify the DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026 Page 3 of 6 District and shall either cease assistance until the District has provided approval of the higher costs, or terminate the work if the District does not approve the higher costs. If City assistance is terminated for this reason, the District shall reimburse the City for its actual costs incurred to the termination date, up to the estimated cost amount. Upon completion of the assistance work by the City, the City will provide an invoice to the District for the actual costs of the assistance and the District shall pay the invoice within sixty (60) calendar days. 5. Connection of School Spirit Features to Right-of-Way Facilities In its sole discretion, the City may request that the District remove, maintain, replace, repair, enhance or modify any School Spirit Features that are connected to, or incorporated into Right-of-Way Facilities. Upon receipt of such a City request, the District shall have a minimum thirty (30) calendar days to fulfill it (excluding time for City review of construction permits, if required). If at any time the City determines that it must remove School Spirit Features due to an emergency, blocked City or public access, or safety issues, the City may hold the removed School Spirit Features at City facilities for the District to retrieve. Any School Spirit Features held for more than seven (7) calendar days shall be disposed of unless other arrangements are agreed upon. The District shall reimburse the City for all costs associated with removing, transporting, storing, and disposing of School Spirit Features removed by the City. 6. Continuation of Performance. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the parties agree that, notwithstanding such dispute or conflict, the parties shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 7. Administration of Agreement. This Agreement shall be jointly administered by the Auburn School District Projects Maintenance and Operations Department on behalf of the District, and by the Mayor of the City, or designee, on behalf of the City. Any written notices required by the terms of this Agreement or requests for City assistance shall be served on or mailed to the following addresses: City of Auburn Auburn City Hall 25 West Main ATTN: Jacob Sweeting Auburn, WA 98001-4998 (253) 804-3118 jsweeting@auburnwa.gov Auburn School District Contact Name: Randy Thomas Title: Executive Director of Maintenance and Operations Address: 1302 4th Street SW Auburn, WA 98001 Email: thomas@auburn.wednet.edu Phone: 253-931-4955 8. Notices. Written notices to the parties shall be sent to the above-stated addresses, unless a different address is designated in writing and delivered to the other party. Any such notice or request DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026 Page 4 of 6 shall become effective upon receipt. Any changes to the above-stated addresses shall be given to the other party pursuant to the procedures set forth in this section. 9. Indemnification. Each party shall indemnify, defend and hold harmless the other party and its officers, agents, employees, and volunteers, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including attorney fees, by any reason of or arising out of the act or omission of that party, its officers, agents, employees, and volunteers, or any of them relating to or arising out of the performance of this Agreement except for injuries and damages caused by the sole negligence of the indemnifying party. If a final judgment is rendered against the indemnified party, its officers, agents, employees, volunteers, and/or any of them, or jointly against the indemnifying party and the indemnified party and their respective officers, agents and employees, or any of them, the indemnifying party shall satisfy the same to the extent that such judgment was due to the indemnifying party’s negligent acts or omissions. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the District and the City, its officers, officials, employees, and volunteers, the District’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the District’s negligence. It is further specifically and expressly understood that this indemnification constitutes the Provider’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 10. Damage to third party property and restoration The District agrees that if any of its actions under this Agreement (or under any construction permit issued under this Agreement) impairs or damages any property owned by a third-party, the District will restore the property at its own cost and expense. 11. Amendment, Modification or Waiver. This Agreement may only be amended or modified in a writing approved and executed by both Parties. Such amendment shall specifically state that it is an amendment to this Agreement and shall outline with particularity the nature and extent of the amendment or modification. Any waiver by any party of any default of the other party shall not affect or impair any right arising from any subsequent default. 12. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026 Page 5 of 6 13. Termination. Either the District or City may terminate this Agreement upon thirty (30) calendar days prior written notice, except that this Agreement may not be terminated while any School Spirt Features remain within the right-of-way or if reimbursement of City costs are due from the District to the City. The District will remove all School Spirit Features from the right-of-way subject to applicable City construction permits per Section 3 above, and any required restorations completed to the satisfaction of the City prior to any termination of this Agreement taking effect. 14. Term The term of this Agreement shall be 10-years unless amended otherwise by both parties. No later than ninety (90) calendar days prior to the end of the Agreement term, the District will remove all School Spirit Features from the right-of-way (subject to the City construction permit requirement in paragraph 3) and will complete any required restorations to the satisfaction of the City. 15. Entire Agreement. This Agreement contains the entire understanding of the parties hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and understandings between the parties with respect to such subject matter. 16. Miscellaneous. This Agreement creates no separate legal or administrative entity. Both parties to this Agreement have the necessary budget authority to carry out the provisions of this Agreement. Real or personal property subject to this Agreement may only be acquired, held or disposed of according to the terms of this Agreement. DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026 Page 6 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN AUBURN SCHOOL DISTRICT ____________________________________ ____________________________________ Nancy Backus Cindi Blansfield Mayor Associate Superintendent, Business and Operations Attest: ____________________________________ Shawn Campbell, City Clerk Approved as to form: ____________________________________ Harry Boesche, Acting City Attorney DocuSign Envelope ID: 5179B87D-FA6B-4E19-AA54-3CF6899D7026