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HomeMy WebLinkAboutRES 4486 CITY OF RENTON, WASHINGTON RESOLUTION NO. 4486 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH CITY OF NEWCASTLE, A WASHINGTON MUNICIPAL CORPORATION FOR THE PURPOSE OF SHARING THE COST OF A STORMWATER PROJECT THAT EXTENDS ACROSS BOTH CITIES AND IMPROVES DRAINAGE THROUGH 3336 EDMONDS AVE NE,A RENTON PROPERTY. WHEREAS, the City and Newcastle are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Newcastle Capital Improvement Project called "116th & Edmonds Pipe Revitalization" (Project), site area includes property located in Renton, Newcastle and the shared Gypsy Creek watershed; and, WHEREAS, Newcastle and Renton are authorized to provide interlocal storm water piping systems; and WHEREAS, Newcastle and Renton planned and coordinated financial efforts to benefit their residents; and WHEREAS, Renton was given the opportunity to review the proposed design, and has determined that this project is mutually beneficial to both jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Newcastle (regarding the 116th And Edmonds Pipe Revitalization project) attached hereto as Exhibit "A" and incorporated by this reference. 1 RESOLUTION NO. 4486 PASSED BY THE CITY COUNCIL this 21 St day of November , 2022 - fil A Jason . Set , City erk APPROVED BY THE MAYOR this 21 St day of Nove ber , 2022. rm o avone, Mayor Approved as to form: ��`� � „�R„E,NTD'�.,�� x 'zzo;�'-te SEAL Shane Moloney, City Attorney %,, er "�'�5,ppORATED RES- PW: 1921: 10.3.22 �����ii►►►►►►►►►►���``�� 2 RESOLUTION N0. 4486 EXHIBIT "A" INTERLOCAL COOPERATION AGREEMENT FOR S-041 116T" AVE SE & EDMONDS AVE NE PIPE REVITALIZATION PROJECT 3 INTERLOCAL COOPERATION AGREEMENT FOR S-041 1161h AVE SE& EDMONDS AVE NE PIPE REVITALIZATION PROJECT Parties to Agreement City of Renton City of Newcastle This Interlocal Cooperation Agreement("Agreement") for cooperation on the 116th Ave SE and Edmonds Ave NE Pipe Revitalization project("Agreement") is made and is dated [insert date for reference] for reference purposes only by and between the City of Renton, Washington, ("Renton"), and the City of Newcastle, Washington, ("Newcastle") (each individually a "Party" and collectively the "Parties")for the purpose set forth herein. Recitals WHEREAS, the Interlocal Cooperation Act, RCW 39.34 authorizes municipalities to contract with each other for the provision of local government services; and WHEREAS, portions of the project site including 3336 Edmonds Ave NE is located in Renton but receives stormwater runoff from Newcastle right of way;and WHEREAS, Newcastle and Renton are authorized to provide interlocal storm water piping systems, planned and coordinated financial efforts to benefit their residents; and WHEREAS, the Newcastle Capital Improvement Project, S-041 1161h & Edmonds Pipe Revitalization ("Project"), site area includes and benefits property located in Renton, Newcastle and the shared Gypsy Creek watershed; and WHEREAS, Renton has coordinated with Newcastle through the design phase, received a copy of the plan set, and has determined that this project is mutually beneficial to both jurisdictions; NOW THEREFORE, in consideration of the terms herein, the public health, safety, and welfare, and other consideration the receipt and sufficiency of which are mutually acknowledged, the Parties agree,and covenant as follows: Terms 1.0 Purpose of this Agreement The purpose of this Agreement is to create a cooperative agreement between Renton and Newcastle relating to the Project and to define the terms and conditions governing both Parties' obligations created by this Agreement. 1630410.4-362429-0006 ILA Newcastle--Rentn 2.0 Term of Agreement This agreement shall be continued in full force and effect and binding upon the parties here to upon execution of the Agreement by both parties.The terms of the Agreement shall be indefinite. The Agreement will be terminated upon Newcastle's completion of the Project and Renton's payment/reimbursement of an amount not to exceed of$80,000 to Newcastle toward the cost of the Project, or unless mutually terminated by the Parties in writing otherwise. 3.0 Conditions of Agreement 3.1 Newcastle will complete the Project,and upon notice from Newcastle that the Project has reached substantial completion, Renton shall pay/reimburse Newcastle $80,000 as a contribution toward the cost of the Project. 3.2 Newcastle shall assume ownership and maintenance responsibilities in perpetuity of the stormwater facilities installed as part of this project. The provisions of this section shall survive the expiration or termination of this Agreement. 3.3 Newcastle shall ensure that all work performed by its employees, agents, contractors, or subcontractors is performed in a manner which protects and safeguards the environment and natural resources, and which is in compliance with local, state, and federal laws and regulations. 3.4 Newcastle agrees to acknowledge Renton as a partial source of funding for the Project on all literature,signage,or press releases related to the Project.Newcastle may obtain from Renton a City logo that may be used in acknowledgement. 4.0 General Provisions 4.1 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 4.2 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the Parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 4.3 No amendment to this Agreement shall be binding on any of the Parties unless such amendment is in writing and is executed by the Parties. The Parties contemplate that this Agreement may be modified by written amendment which shall be executed by duly authorized representatives of the Parties and attached to this Agreement. 4.4 Each Party warrants and represents that such Party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a Party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such Party and that such Party is bound by the signature of such representative. 5.0 Legal Relations 5.1 The Parties shall comply with all applicable state and federal laws and regulations. 16W410.4-362429 0006 ILA Newcastle—Renton Page 2 of 5 5.2 This Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed,or represent themselves to be,employees of any other Party. 6.0 Indemnification and Hold Harmless. The City of Newcastle agrees to release, indemnify, defend, and hold harmless the City of Renton, elected officials, employees, officers, representatives, and volunteers from any and all claims,demands, actions, suits,causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities,taxes, losses,fines,fees, penalties,expenses, attorney's or attorneys'fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the City of Newcastle in its performance of this Agreement or a breach of this Agreement by City of Newcastle, except for that portion of the claims caused by the City of Renton's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc.,of structure or improvement attached to real estate...)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 City of Newcastle and the City of Renton, its officers, officials, employees and volunteers, Newcastle's liability shall be only to the extent of Newcastle's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute City of Newcastle's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver.The provisions of this section shall survive the expiration or termination of this Agreement The provisions of this section shall survive the expiration or termination of this Agreement with respect to acts and omissions occurring during the Agreement Term. 7.0. Disclaimer. Nothing in this Agreement shall be construed as: 7.1 Imposing any obligation upon Renton to undertake the S-041 116"&Edmonds Pipe Revitalization Project in the first instance; 7.2 Imposing any obligation upon Renton to commence, complete, or otherwise perform any part of the S-041 11611 & Edmonds Pipe Revitalization Project by any particular date. 7.3 Imposing any obligation upon Renton to contribute funding toward any other project or undertaking by Newcastle. 1630410.4-362429-0006 ILA Newcastle- Renton Page 3 of 5 8.0 Regulatory Authority Preserved. Renton expressly acknowledges that Newcastle is a municipal corporation organized under the laws of the state of Washington and has executed this Agreement in its capacity as owner and operator of the SE 901"Street public right-of-way. Nothing in this Agreement shall be construed as waiving, abridging, or otherwise limiting the Newcastle's regulatory authority, police power, and/or legislative discretion with respect to Project, which are hereby expressly reserved in full. 9.0 Notices. Written notices to either Party under this Agreement shall be effective immediately upon hand- delivery, or three (3) days after postmark if sent via U.S. Mail to the following addresses City of Renton City of Newcastle Attn: Public Works Administrator Attn: Public Works Director 1055 S Grady Way, 12835 Newcastle Way,Suite 200 Renton, WA 98057 Newcastle, WA 98056-1316 10.0 No Employment Relationship or Agency. Nothing herein shall be construed as creating an agency relationship between the Parties, or as creating an employment relationship between the Parties and any employee or agent of the other Party. 11.0. No Third-Party Beneficiaries. This Agreement is entered into and executed for the exclusive benefit of the signatory Parties as defined herein and shall be enforceable only by said Parties. Nothing herein shall be construed as creating any rights, benefits,entitlements or causes of action in or for any other parties. 12.0. Governing Law;Venue. This Agreement shall be governed by the laws of the State of Washington. The exclusive venue for any litigation occurring under this Agreement shall be the Superior Court for King County Washington. The substantially prevailing party in any such litigation shall be entitled to an award of its reasonable attorneys' fees. 13.0. Integration; Modification. This Agreement represents the entire understanding between the Parties with respect to the subject matter hereof; no oral agreements or statements shall be binding. This Agreement may be modified or amended only by a writing signed by both Parties. 14.0. Administration. This Agreement does not create any separate legal or administrative entity to which any power is delegated by the Parties. Administration of this Agreement shall be the responsibility of the Parties' respective Directors of Public Works. The Parties will cooperatively work together to further the intent and purpose of this Agreement. 1630410.4-362429-0006 ILA Newcastle-Renton Page 4 o1F5 15.0 Signatory Warranty. Each signatory below represents and warrants that he/she has been authorized to execute this Agreement for the Party on whose behalf he/she is purporting to sign. 16.0 Effective Date. Once fully executed by the Parties,this Agreement is effective as of the last date signed by both parties. IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as of the date set forth below its signature. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. CITY OF RENTON City OF NEWCASTLE By: _. _ ,- By: — Armondo Pavone [Scott Pingel] Mayor [City Manager] ION�22 Date Date Attest Attest Jason A.Seth Paul White City Clerk City Clerk Approved as to Legal Form Approved as to Legal Form By: By: Shane Moloney [Curtis Chambers] Renton City Attorney Newcastle City Attorney Cib 10/3/22(2169) 1630410.4-362429-0006 ILA Newcastle-Renton Page 5 of 5