HomeMy WebLinkAboutResolution 2025-22, Interlocal Agreement with Chelan County PUD regarding temporary placement f trail camerasCity of East Wenatchee Resolution No. 2025-22 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-
16 Rev. 1).
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2025-22
A Resolution of the City of East Wenatchee, Washington, authorizing the Mayor to sign an Interlocal Agreement with Chelan County PUD to temporarily place two trail cameras on property owned by the City.
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. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington.
2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee (“City Council”) to organize and regulate its internal affairs.
2.3. RCW 39.34 authorizes two or more political subdivisions or units of local government to the State of Washington to cooperated on the basis of mutual advantage to provide services and facilities.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
Section 1: Authorization. The City Council authorizes the Mayor to execute an Interlocal Agreement that conforms to the language set forth in Exhibit A.
Section 2: 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.
Section 3: Effective Date. This resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
15th day of April 2025.
CITY OF EAST WENATCHEE,
WASHINGTON
By _____________ _ Jerrilea Crawford, Mayor
ATTEST:
Anna Laura Leon, City Clerk
FILED WITH THE CITY CLERK: 04-10-2025
PASSED BY THE CITY COUNCIL: 04-15-2025
EFFECTIVE DATE: 04-15-2025City of East Wenatchee Resolution No. 2025-22 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1). Page 2 of2 Jerrilea Crawford (Apr 17, 2025 12:49 PDT)
Jerrilea Crawford
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INTERLOCAL COOPERATION AGREEMENT FOR
TRAIL CAMERA PLACEMENT
BETWEEN
THE PUBLIC UTILITY DISTRICT NO. 1 OF CHELAN COUNTY,
AND THE CITY OF EAST WENATCHEE
THIS INTERLOCAL AGREEMENT ("Agreement") is hereby entered into this date by
and between the PUBLIC UTILITY DISTRICT NO. 1 OF CHELAN (the "District"), and the
CITY OF EAST WENATCHEE (the "City"), sometimes collectively referred to as the "Parties.'
1. Chapter 39.34 RCW authorizes two or more political subdivisions or units of
local government of the State of Washington to cooperate on a basis of mutual advantage to
provide for services and facilities.
2. The District wishes to install trail cameras in the area of Porters Pond in East
Wenatchee on property owned by the City to satisfy its relicensing study obligations as directed
by the Federal Energy Regulatory Commission ("FERC"); and
3. The cameras will capture recreation use along the reservoir and in conjunction
with spot counts and visitor intercept surveys will provide the District with the necessary data to
satisfy FERC's need to understand how recreation is occurring within the boundary of Rock
Island Project No. 943; and
4. The City is willing to cooperate with the District and allow placement of the
cameras on its property.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the foregoing representations, which are incorporated by this reference into the
Agreement, the District and the City agree as follows:
1. Purpose. The purpose of this Agreement is to provide for the continued
cooperation of the Parties for the placement and operation of trail cameras in the area of Porters
Pond in East Wenatchee per the terms of the District's study plan as approved by FERC.
2. Term. This Agreement shall be effective on the latest date of execution by the
Parties ("Effective Date"). This Agreement shall terminate on May 1, 2026.
3. Camera Installation. The District is responsible to install the cameras on City
property, subject to City approval, which will not be unreasonably withheld. The approximate
locations of the trail cameras are shown on Exhibit A. To prevent theft and vandalism, the
District will install the cameras on trees or nearby poles when available at higher elevations. If
the cameras are stolen or damaged, the District will replace them one time.
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4. Operating Details. The District will operate and maintain the cameras from April
2025 through March 2026. The District will visit cameras as needed to download data and
replace batteries.
5. Project Funding. The District shall be responsible for all costs associated with
the cameras, including without limitation acquisition, placement, maintenance, monitoring, and
removal.
6. Post Completion Oblisations. Following the completion of data collection as
provided in Paragraph 4, the District will repair any damage to the City's property caused by the
District's activities under this Agreement.
7. Default. Notwithstanding any provision of this Agreement to the contrary, the
rights and obligations of this Agreement set out at Sections 8 and 9 shall survive termination of
this Agreement. Notwithstanding the above and in addition to any other remedies which may be
available at law or equity, in the event of any material breach of this Agreement (the "Default")
by a party (the "Defaulting Party"), the party not in default (the Non-Defaulting Party") shall
have the right to give the Defaulting Party a written notice thereof (the "Notice of Default"),
whereby such notice must state the nature of the Default in reasonable details and request that the
Defaulting Party cure such Default within thirty (30) days. If such Default is not cured within
thirty (30) days after receipt of a Notice of Default on the Defaulting Party or such Default
cannot be cured, the Non-Defaulting Party may, at its sole discretion, terminate this Agreement
by written notice effective upon receipt.
8. Records. The Parties shall keep and maintain accurate and complete records
pertaining to all related agreements, costs and work. Each party shall have full access and right
to examine any records during the term of this Agreement and for six (6) years thereafter. All
records, books, documents and other materials maintained, prepared or issued by each Party in
the implementation of this Agreement shall be the property of the issuing Party, and each Party
shall have the responsibility of the retention and release of these materials. The records retention
period shall be tolled during the pendency of any claims or suits related in any way to this
Agreement and any records for which a party has custody or responsibility shall not be destroyed
or purged until final resolution of all claims or lawsuits.
9. Mutual Indemnity. Each Party shall indemnify, defend and hold harmless the
other Party, its officers, agents and employees, from and against any and all claims, losses or
liability, or any portion thereof, arising from injury or death to persons or damage to property
occasioned by any negligent act, omission or failure of the indemnifying Party, its officers,
agents, and employees, in connection with this Agreement..
10. Severabilitv. In the event that any provision of this Agreement shall be
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determined to be unenforceable or otherwise invalid for any reason, such provision shall be
enforced and validated to the extent permitted by law. All other provisions of this Agreement are
severable, and the unenforceability or invalidity of any single provision hereof shall not affect
the remaining provisions.
11. Attorney's Fees. In the event of litigation regarding any of the terms of this
Agreement, each party shall pay their own attorney's fees and costs.
12. Construction. This Agreement contains the entire agreement between the Parties
with respect to the subject matter hereof and supersedes all prior agreements or understandings
among the Parties with respect thereto. This Agreement may be amended only by an agreement
in writing signed by the Parties.
13. Mutual Nesotiation and Construction. This Agreement and each of the terms
and provisions hereof are deemed to have been explicitly negotiated between, and mutually
drafted by the Parties, and the language in all parts of this Agreement shall, in all cases, be
construed according to its fair meaning and not strictly for or against either Party.
14. Governins Law; Venue. This Agreement is governed by the laws of the state of
Washington, without regard to its conflict of law provisions. The jurisdiction of any action
hereunder shall be in the Superior Court, Douglas County, Washington.
15. Public Disclosure. The obligations of the parties regarding confidential
information may be subject to state and federal public disclosure laws, as now exist or as may be
hereafter amended. The parties may disclose confidential information to the extent it is required
to be disclosed pursuant to the public disclosure laws. If a public disclosure of confidential
information is requested, the party receiving the request agrees to notify the other of such request
at least ten (10) business days prior to disclosure being made. The other party may immediately
seek a protective order in the appropriate court. The receiving party will reasonably cooperate
with the other in such action, but is under no obligation to obtain or seek any court protection.
16. Relationship of Parties. The Parties intend that an independent contractor
relationship will be created by this Agreement. Neither Party, its officers, employees, agents,
contractors or subcontractors shall be considered an agent or employee of the other for any
purpose and neither party is entitled to any of the benefits that the other provides for its
respective employees.
17. No Third Party Beneficiaries. This Agreement is made and entered into for the
sole benefit of the Parties, and the Parties intend that no other person or entity shall be a direct or
indirect beneficiary of this Agreement.
18. Notices. All notices, requests, demands, or other communications pursuant to this
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Agreement shall be (1) by email or (2) in writing. If by email, notice shall be deemed to have
been given upon actual receipt by the recipient. If mailed, notice shall be deemed to have been
given if personally delivered or mailed, registered or certified mail, return receipt requested,
postage pre-paid, upon deposit in the United States mail and mailed to the Parties at the
following addresses:
Public Utility District No. 1 ofChelan County
Attn: Matt Shales
203 Olds Station Road
Wenatchee,WA98801
Email: matt.shales@chelanpud.org
City of East Wenatchee
Attn: Curtis Lillquist
271 9th St NE
East Wenatchee WA 98802
Email: clillquist@eastwenatcheewa.gov
The Parties agree that the addresses of all Parties to which notice shall be given may be
changed at any time by written notice to the other Party.
19. Further Cooperation. The Parties shall cooperate in good faith and execute such
documents as necessary to effectuate the purposes and intent of this Agreement.
PUBLIC UTILITY DISTRICT NO. 1 OF
CHELAN£OUNTY:^^By::
Its: Manager - Hydro Licensing
Date:ii/\ ll^i^
CITY OF EAST WENATCHEE
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Resolution 2025-22, Interlocal Agreement
with Chelan County PUD regarding temporary
ploacement f trail cameras
Final Audit Report 2025-04-17
Created:2025-04-17
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAognLDo-4rw-L6P5YoBeRen69sZnp55s5
"Resolution 2025-22, Interlocal Agreement with Chelan County
PUD regarding temporary ploacement f trail cameras" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-04-17 - 6:20:37 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-04-17 - 6:20:58 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-04-17 - 7:49:09 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-04-17 - 7:49:26 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-04-17 - 7:49:28 PM GMT - Time Source: server
Agreement completed.
2025-04-17 - 7:49:28 PM GMT