HomeMy WebLinkAboutResolutions - 2019-19 - Authorizing the Mayor to execute an Interlocal Agreement with the Eastmont Metropolitan Park District for maintenance of the Apple Capital Loop Trail - 10/1/2019City of East Wenatchee Resolution 2019-
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City of East Wenatchee, Washington
Resolution No. 2019-
A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to execute an Interlocal Agreement with the
Eastmont Metropolitan Park District for maintenance of the Apple
Capital Loop Trail.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@east-wenatchee.com, al (509) 884-9515
o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@east-wenatchee.com, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute
an Interlocal Agreement that conforms to the language set forth in
Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Publication. The City Council directs the City Clerk to publish a
copy of the Interlocal Agreement on the City’s website once it is
signed by all parties.
Filed for and Return Document to:
Maria Holman, City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, is not to
be relied upon for any other purposes, and shall not affect the intent of any warranty contained in the document itself.
Document Title: Interlocal Cooperative Agreement for Apple Capital Loop Trail Maintenance
Reference Number(s) of Documents Released: AFN 3097681
Reference Number(s) of Related Documents: N/A
Grantor: City of East Wenatchee and Eastmont Metropolitan Park District
Grantee: City of East Wenatchee and Eastmont Metropolitan Park District
Legal Description: N/A
Parcel Number(s): N/A
Filed with the Auditor pursuant to RCW 39.34.040
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
CITY OF EAST WENATCHEE AND EASTMONT METROPOLITAN PARK DISTRICT
RE: APPLE CAPITAL LOOP TRAIL MAINTENANCE
This agreement is made this day by and between the City of East Wenatchee,
Washington (hereafter “the City”), and the Eastmont Metropolitan Park District
(hereafter “the District”).
WHEREAS, the City is a municipal corporation organized and existing under the
Washington State Constitution and the laws of the State of Washington, and particularly
those set forth at RCW Title 35A;
WHEREAS, the District is a municipal corporation duly organized and existing
under the laws of the State of Washington having boundaries within the City of East
Wenatchee and was formed by an affirmative vote of the electorate in 2004 in order to
own, operate and maintain park and recreational facilities;
WHEREAS, the City and the District each have authority to own, operate and
maintain recreational trails within their respective jurisdictions;
WHEREAS, the parties enter into this interlocal cooperative agreement (“this
Agreement”) under the authority of RCW Chapter 39.34;
WHEREAS, the City Council of the City of East Wenatchee authorized the
execution of this Agreement by action taken at a regular meeting;
WHEREAS, the District’s Board of Commissioners, by action taken at a regular
meeting, authorized the Chair of the Board to negotiate and execute this Agreement;
Resolution 2019-19 Exhibit A
NOW, THEREFORE, in consideration of the premises and promises, terms and
conditions set forth below, it is hereby agreed as follows:
ARTICLE I
PURPOSE AND REVOCATION
1.01 Purpose. The purpose of this Agreement is to set forth the terms and
conditions under which the District shall provide maintenance and repair services to that
portion of the Apple Capital Loop Trail owned by the City and the portion leased to the
City by the Washington State Department of Transportation. The Trail is depicted in
Exhibit A-2. The Trail portions owned by Douglas County are not included within the
scope of this Agreement.
1.02 Revoking Prior Agreements. This Agreement revokes and supersedes all
prior Interlocal Agreements between the parties regarding the subject of Apple Capital
Loop Trail Maintenance.
ARTICLE II
SERVICES BY DISTRICT
2.01 Services. The District shall provide maintenance services for the Trail
within the area located 15 feet from either side of the center line of the Trail. In addition,
the District shall provide maintenance services for the structures or locations set forth in
Exhibit B.
2.02 Repairs and Capital Improvements. The District’s duties with respect to
repairs of the Trail shall be limited to the list of repairs set forth on the attached Exhibit
A. The District shall have no obligation to make capital improvements to the Trail. If the
District believes that capital improvements to the Trail are desirable, the District may
submit a written recommendation to the City identifying the need. However, the City
has the primary responsibility for identifying and evaluating potential capital
improvements and repairs to the Trail.
2.03 Expense Reporting. The District shall provide an annual report to the City
by March 1 of each calendar year detailing all service and repair expenses incurred by
the District during the previous year.
2.04 Incident Reporting. The District shall report Trail incidents involving
personal injury and/or property damage to the City within three (3) business days after
the District receives notice of the incident.
Resolution 2019-19 Exhibit A
ARTICLE III
ADMINISTRATION
3.01 Services Administrator. The District shall be responsible for the
administration of all services pursuant to this Agreement.
3.02 Contract Administration. The Contract Administrator for the District shall
be the District’s Executive Director. The Contract Administrator for the City shall be the
City’s Project Development Manager.
ARTICLE IV
DURATION AND TERMINATION OF AGREEMENT
4.01 Duration. This Agreement shall be effective until December 31, 2029
following execution by the parties and following recording with the Douglas County
Auditor (RCW Chapter 39.34).
4.02 Termination. A party may unilaterally terminate this Agreement, without
cause, by providing not less than 180 days prior written notice of termination to the
other party. If this Agreement is terminated on an effective date other than December
31, 2029, the fee shall be prorated, and the District shall reimburse the City the
unearned portion of the fee.
ARTICLE V
PAYMENT TO DISTRICT
5.01 Fee for Services. The City shall pay $140,000 as a fee for the District’s
services.
5.02 Payment Date. The City will pay the fee on or before November 1, 2019.
ARTICLE VI
INSURANCE
6.01 Insurance Required. The District shall continuously maintain public liability
and property insurance covering the District’s services provided on the Apple Capital
Loop Trail. The minimum limits of liability protection required are:
Bodily Injury – One Million Dollars (1,000,000)
Property Damage – One Hundred Thousand Dollars ($100,000)
Resolution 2019-19 Exhibit A
ARTICLE VII
INDEMNITY
7.01 Indemnity. The District shall indemnify, defend and hold the City, its
departments, elected and appointed officials, employees, and agents, harmless from
and against any and all claims, damages, losses and expenses, for any bodily injury,
sickness, disease, death or any damage to or destruction of property, including the loss
of use resulting there from, which are caused in whole or in part by a negligent act o r
omission of its officers, directors, employees and agents in the District’s performance of
this Agreement.
This obligation shall not include such claims, costs, damages, or expenses which may
be caused by the sole negligence of the City or its authorized agents or employees;
Provided, that if claims or damages are caused by or result from the concurrent
negligence of the (a) the City, its agents or employees and (b) the District, its agents or
employees, or involves those actions covered by RCW 4.24.115, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the
District or the District’s agents or employees.
ARTICLE VIII
PERFORMANCE OF AGREEMENT
8.01 Compliance with All Laws. Each party shall comply with all federal, state
and local laws, rules, regulations and ordinances applicable to the performance of this
Agreement, including without limitation all those pertaining to wages and hours,
confidentiality, disabilities and discrimination.
8.02 Maintenance and Audit of Records. Each party shall maintain books,
records, documents and other materials relevant to its performance under this
Agreement. These records shall be subject to inspection, review and audit by either
party or its designee, and the Washington State Auditor’s Office. Each party shall retain
all such books, records, documents and other materials for six (6) years following the
termination of this Agreement.
8.03 On-Site Inspections. Either party or its designee may evaluate the
performance of this Agreement through on-site inspection to determine whether
performance is in compliance with the standards set forth in this Agreement, and in
compliance with federal, state and local laws, rules, regulations and ordinances.
8.04 Improper Influence. Each party agrees, warrants and represents that it did
not and will not employ, retain or contract with any person or entity on a contingent
compensation basis for the purpose of seeking, obtaining, maintaining or extending this
Agreement. Each party agrees, warrants and represents that no gratuity whatsoever
Resolution 2019-19 Exhibit A
has been or will be offered or conferred with a view towards obtaining, maintaining or
extending this Agreement.
8.05 Conflict of Interest. The elected and appointed officials and employees of
the parties shall not have any personal interest, direct or indirect, which gives rise to a
conflict of interest.
ARTICLE IX
DISPUTES
9.01 Time. Time is of the essence of this Agreement.
9.02 Waiver Limited. A waiver of any term or condition of this Agreement must
be in writing and signed by the waiving party. Any express or implied waiver of a term
or condition of this Agreement shall apply only to the specific act, occurrence or
omission and shall not constitute a waiver as to any other term or condition or future act,
occurrence or omission.
9.03 Attorney's Fees. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Agreement, each party
shall pay its own attorney's fees and other costs incurred in that action, arbitration or
proceeding.
9.04 Governing Law and Venue. This Agreement shall be governed exclusively
by the laws of the State of Washington. The Douglas County Superior Court shall be
the sole proper venue for any and all suits brought to enforce or interpret the provisions
of this Agreement.
ARTICLE X
GENERAL PROVISIONS
10.01 Assignment. Neither party may assign its rights or delegate its duties
under this Agreement, whether by assignment, further, subcontract or other means.
Any such attempted assignment or delegation shall be void and shall constitute a
material breach of this Agreement.
10.02 Entire Agreement. This Agreement constitutes the entire agreement
between the parties. There are no understandings or agreements between parties
other than those set forth in this Agreement. No other statement, representation or
promise has been made to induce either party to enter into this Agreement.
Resolution 2019-19 Exhibit A
10.03 Modification. This Agreement may not be amended, supplemented or
otherwise modified unless expressly set forth in a written agreement signed by the
parties and adopted by resolution of each party's legislative authority.
10.04 Invalid Provisions. The invalidity or unenforceability of any particular term
or provision of this Agreement shall not affect the validity or enforceability of any other term
or provision and this Agreement shall be construed in all respects as if such invalid or
unenforceable term or provision was omitted.
10.05 Filing. In accordance with RCW 39.34.040, this Agreement shall be filed
with the Douglas County Auditor prior to its entry into force.
CITY OF EAST WENATCHEE
Approved by City Council of the City of East Wenatchee, the _____ day of
____________, 2019.
_________________________________
Mayor Steven C. Lacy
ATTEST:
______________________________
Maria Holman, City Clerk
APPROVED AS TO FORM:
____________________________
Devin Poulson, City Attorney
EASTMONT METROPOLITAN PARK DISTRICT
Approved by the District Board of Commissioners, the _____ day of ____________,
2019.
____________________________
Emilie Fogle, Chairman
Resolution 2019-19 Exhibit A
EXHIBIT “A”
FOR APPLE CAPITAL LOOP TRAIL AGREEMENT
The DISTRICT will provide the following services for the Apple Capital Loop Trail:
1. Litter pickup (3 days per week from April through October)
2. Trail shoulder weed control (spray 2 or 3 times per year). The spray must be
applied by a licensed applicator.
3. Schedule events beginning on the East Wenatchee side of the trail included in
this agreement
4. Pay for 1 port-a-potty all year at 15th Street NE
5. Sweep the trail twice a month from April through October
6. Shape or replace trail shoulder gravel, as need. Gravel replacement is limited to
a maximum of 25 tons per year.
7. Repair damaged handrails and fences not to exceed $500 per year
8. Repair the irrigation systems currently in place (winterization performed by City)
9. Annual removal of hand pulled noxious weeds (by others) 1 week per year
10. Remove leaves from the trail as needed in the Spring and Fall
11. Clean debris from small culverts
12. Trail shoulder gravel replacement not to exceed $500 per year
13. Litter and trash removal from trail access and parking lot
14. Post “No trail maintenance signs” November through March
15. Respond to trail user comments and questions
16. Remove or cover-up graffiti within a reasonable time – typically 24 hours
17. Prune and remove damaged or drooping tree branches that may pose a hazard
to trail users.
18. Replace light bulbs within the Trail’s tunnel structures.
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EXHIBIT “B”
FOR APPLE CAPITAL LOOP TRAIL AGREEMENT
1. Interpretive site by Porter’s Pond 19th St.
N47 26.055’ W120 18.258’
2. Resting Bench @ 19th St. Trailhead provided by Jeremy Warner Eagle Scout Project
N47 26.063’ W120 18.210’
3. Interpretive site south of Porter’s Pond, South of 19th St.
N47 25.968’ W120 18.226’
4. Resting Bench provided Matt Schultz – Eagle Scout project – 15th St. Trailhead
N47 25.619’ W120 18.027’
5. Resting Bench provided by Bob Corkrum north of wastewater plant
N47 25.449’ W120 17.905’
6. Jude’s Oasis
7. Rest area located at the east approach to the pedestrian bridge at the foot of 9th
Street
Resolution 2019-19 Exhibit A