HomeMy WebLinkAbout4422 Resolution - ILA for Cable Bridge LightingResolution – ILA Lighting System on Cable Bridge - 1
RESOLUTION NO. 4422
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF
PASCO, WASHINGTON, A WASHINGTON MUNICIPAL CORPORATION,
CITY OF KENNEWICK, WASHINGTON, A WASHINGTON MUNICIPAL
CORPORATION, THE PORT OF PASCO, A MUNICIPAL CORPORATION,
AND THE PORT OF KENNEWICK, A MUNICIPAL CORPORATION, FOR
THE PURPOSE OF FACILITATING THE MODERNIZATION AND
ENHANCEMENT OF THE LIGHTING SYSTEM ON THE PASCO-
KENNEWICK INTERCITY CABLE BRIDGE.
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this State through the execution of an interlocal cooperative or interagency
agreement; and
WHEREAS, the Pasco-Kennewick Intercity Cable Bridge (Bridge), due to its distinctive
design, has long served as a symbol of this region, particularly during the "Year of the River" in
1998; and
WHEREAS, the Bridge's illumination is seen as a unique opportunity to enhance the
aesthetic beauty of the river setting and the installation of modern LED lighting will transform
the Bridge into a visual attraction, creating a striking image that complements the symbolic role
it holds for the Tri-Cities region; and
WHEREAS, this project represents a collaborative effort among the parties to revitalize
the Bridge's lighting system for the mutual benefit of the Tri-Cities region; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Interlocal Cooperative Agreement with the previously identified parties to provide initial funding
to secure the resources required for obtaining a comprehensive and accurate cost estimate, which
will serve as the foundation for initiating and facilitating the broader fundraising efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Interlocal Cooperative Agreement between the City of Pasco, the City of Kennewick, the Port of
Pasco, and the Port of Kennewick; a copy of which is attached hereto and incorporated herein by
reference as Exhibit A.
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Resolution – ILA Lighting System on Cable Bridge - 2
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute the Interlocal Cooperative Agreement;
and to make minor substantive changes as necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this 4th day of March,
2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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INTERLOCAL COOPERATIVE AGREEMENT
FOR CABLE BRIDGE ILLUMINATION UPDATE
BY THIS LOCAL COOPERATIVE AGREEMENT entered into this ______ day of
________________, 20___, between the City of Pasco, Washington, a Washington Municipal
Corporation (“Pasco”), the City of Kennewick, Washington, a Washington Municipal Corporation
(“Kennewick”), the Port of Pasco , a Municipal Corporation (“Port of Pasco”), and Port of
Kennewick, a Municipal Corporation (“Port of Kennewick”) and collectively referred to as
”Parties”, do hereby enter into the following Agreement. Pursuant to Chapter 39.34 RCW, and
in consideration of the mutual benefits and covenants described herein, the Parties agree as set
forth below.
Section I – Project Description
I.I Purpose
The purpose of this Agreement is to facilitate the modernization and enhancement of the
lighting system for the Pasco - Kennewick Intercity Cable Bridge ("Bridge") to promote tourism
and economic development (“Project”). The existing lighting system of the Bridge shall be
replaced with state-of-the-art LED lighting fixtures. These fixtures will allow for dynamic and
programmable lighting effects, controlled remotely from an offsite computer program.
I.II Background
1. The Bridge, due to its distinctive design, has long served as a symbol of this region,
particularly during the "Year of the River" in 1998.
2. The Bridge's illumination is seen as a unique opportunity to enhance the aesthetic
beauty of the river setting. The installation of modern LED lighting will transform the
Bridge into a visual attraction, creating a striking image that complements the symbolic
role it holds for the Tri-Cities region.
3. This project represents a collaborative effort among the parties to revitalize the Bridge's
lighting system for the mutual benefit of the Tri-Cities region.
4. The Parties are acting pursuant to their authorities to promote tourism and economic
development within their respective boundaries.
I.III Project Scope
The scope of this Agreement shall encompass the following:
1. Design and Specifications: The design and specifications for the Project shall be
provided by ENGINEERING FIRM, hereinafter referred to as the "Design Consultant",
and shall be responsible for the following scope of work:
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○ Review of Washington State Department of Transportation (WSDOT) As-
Builts: The Design Consultant shall conduct a comprehensive review of the
WSDOT as-built documents to assess the current state of the lighting system on
the Pasco - Kennewick Intercity Cable Stay Bridge.
○ Preliminary Equipment List and Work Items: Based on the findings from the
as-built review, the Design Consultant shall formulate a preliminary equipment
list, detailing the necessary components and a list of work items required to
facilitate the installation of the new LED lighting system Project.
○ Cost Estimate: The Design Consultant shall provide a detailed cost estimate for
the entire Project. This estimate shall encompass all expenses associated with
the procurement and installation of the Project, as well as any additional costs
related to the Project's execution.
○ Promotional Visual Representation: The Design Consultant shall create a
promotional visual representation illustrating the potential aesthetic
transformation of the Bridge with the implementation of the new LED lighting
system. This visual representation shall serve as a promotional tool to garner
support for the project and demonstrate its potential impact on the region's
landscape.
The design and specifications developed by the Design Consultant, encompassing the above
elements, will be shared with all Parties to this Agreement for their timely review and approval.
I.IV Fundraising Efforts
The scope of fundraising efforts shall include, but shall not be limited to, the following objectives:
ꞏ Community Involvement: Encourage the active participation of local
businesses, citizens, and community organizations in supporting the project
through financial contributions, sponsorships, and volunteer efforts.
ꞏ Fundraising Campaign: Plan, coordinate, and execute a comprehensive
fundraising campaign that engages the community, conveys the significance of
the project, and provides clear avenues for financial support.
ꞏ Funds Allocation: Allocate the funds raised from the community towards the
overall project cost, with the goal of funding the entire project through a
combination of public and private contributions.
ꞏ Transparency: Maintain transparency in all fundraising activities, accounting
for all funds collected and expended, and providing regular updates to the
community and the involved parties.
The Parties understand the value of the Bridge as an iconic symbol of the community and its
potential to unite local residents, businesses, and stakeholders and to promote tourism and
economic development in their respective jurisdictions. To leverage this iconic status, the
Parties commit to dedicating reasonable efforts and resources towards achieving the Project's
financial goals through fundraising efforts.
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The Parties shall collaborate with local organizations, civic groups, and institutions to facilitate
community engagement and fundraising activities. They shall work collectively to identify and
reach out to potential donors and supporters within the community.
This commitment to fundraising efforts and community engagement aligns with the vision of
using local support to contribute to the funding of the entire Project cost. The Parties will
actively seek to leverage the iconic significance of the Bridge to foster local pride and garner
financial support from the community.
I.V Funding
The Parties acknowledge the importance of securing funding for this Project, and they are
committed to its success. In furtherance of this commitment, each Party agrees to provide an
initial funding contribution. The details of each Party's contribution shall be as follows:
● Pasco: $25,000
● Kennewick: $25,000
● Port of Pasco: $25,000
● Port of Kennewick: $25,000
The purpose of this initial funding is to secure the resources required for obtaining a
comprehensive and accurate cost estimate, which will serve as the foundation for initiating and
facilitating the broader fundraising efforts. It is intended to not only support the development of
an accurate Project budget but also to establish the fundraising campaign within the local
community. The Parties shall closely coordinate their efforts to maximize the effectiveness of
these fundraising activities. Port of Pasco and Port of Kennewick will have no further funding
obligations under this Agreement.
In the event Project costs are higher than projected, the cities of Pasco and Kennewick will
assume excess Project costs not to exceed 10% over the initial funding of $100,000. Project
costs in excess of the 10% contingency require written approval by the Cities in the form of an
addendum to this Interlocal Agreement.
The Port’s payment will be made within thirty days of receipt of invoice from City of Pasco.
If the Project is abandoned, then this Agreement shall be of no further force or effect.
SECTION II: PROJECT IMPLEMENTATION
II.I Administrative /Lead Agency
For the purpose of RCW 39.34, Pasco shall serve as the administrative/ lead agency
responsible for overseeing the implementation of this Project and for securing all necessary
permits and certifications required for its successful completion.
II.II Procurement and Project Execution
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1. Pasco shall be responsible for procuring all services and materials required to execute
this Project in strict accordance with the design and specifications outlined in Section I
and in accordance with RCW requirements governing Professional Services and Public
Works.
2. Pasco shall collect Project funds contributed by the Parties for this first phase of the
Project and disburse such funds as described in this Agreement.
3. Once the design, equipment list, cost estimates, promotional visual representation and
fundraising is complete, the Project shall be carried out using modern LED lighting
technology as detailed in the design and specifications provided by ENGINEERING
FIRM and approved by the Parties.
II.III Project Timeline
The target date for the completion of the Project under this Agreement shall be TARGET DATE
However, under no circumstances shall the Project extend beyond the deadline of DEADLINE
DATE without the mutual consent of the Parties.
SECTION III: TERM OF AGREEMENT
The term of this Agreement shall commence on the date of its execution by all Parties i. The
termination date for the installation of the illumination system shall be SPECIFY DATE, or upon
the satisfactory completion and acceptance of the Project work outlined within this Agreement,
unless otherwise modified, terminated, or extended by mutual agreement of the Parties. Any
Party may terminate their participation in this Agreement by giving thirty (30) days written notice
to all Parties at the addresses set forth below. A Parties’ termination shall not relieve it of its
funding obligation set forth in Section I.V Funding herein above.
SECTION IV: OWNERSHIP OF IMPROVEMENTS
All enhancements resulting from this Project shall constitute permanent fixtures on the Bridge,
which is property owned by the State of Washington Department of Transportation.
SECTION V: MODIFICATIONS AND AMENDMENTS
This Agreement may only be modified, altered, or amended through written agreement
executed by the then-current Parties to this Agreement except as set forth in Section III.
SECTION VI: MAINTENANCE
Upon the Project's completion and acceptance by the Parties, the ongoing operational and
maintenance expenses shall initially be covered by eligible funding, as may be made available
by the State of Washington. Any remaining costs shall be divided equally between Pasco and
Kennewick.
SECTION VII: INTERLOCAL COOPERATION ACT PROVISIONS
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No special budget or continuous funds are expected or required for the construction,
maintenance, and operation of this Project. There is no intention to establish a separate legal
entity for the cooperative Project, nor to require the holding or disposition of real or personal
property. The Pasco Public Works Director shall be designated as the Administrator of the
Project.
This Agreement is made and entered into for the sole protection and benefit of the Parties
hereto and their successors and assigns. No other person shall have any right or cause of
action based upon any provisions of this Agreement.
This Agreement has been reviewed and revised by legal counsels for each Party, and no
presumption or rule construing ambiguity against the drafter of the document shall apply to the
interpretation or enforcement of this Agreement.
No employees or agents of any Party shall be deemed, or represent themselves to be,
employees of any of the other Party.
A copy of this Agreement shall be recorded with the Auditor of each County within which any
Party is located or shall be posted to each Parties’ web site as provided by law,
Except as provided herein, each Party shall finance its own conduct of responsibilities under this
Agreement. No ownership of property will transfer as a result of this Agreement.
SECTION VII: SEVERABILITY
If any term or condition of this Agreement, or its application to any person or circumstance, is
found to be invalid, such invalidity shall not affect the validity of the other terms, conditions, or
applications of this Agreement that can be given effect without the invalid provision.
Consequently, the terms and conditions of this Agreement are considered severable.
SECTION IX: INDEMNIFICATION
Each Party shall undertake the defense, indemnification, and hold harmless of the others from
any claims, damages, causes of action, or judgments arising due to the negligent or intentional
actions of their agents, employees, or officers.
Each Party specifically assumes liability for actions brought by its own employees against the
other Party and for that purpose each Party specifically waives, as respects the other parties
only, any immunity under the Worker’s Compensation Act, RCW Title 51.
The Parties recognize that this waiver was the subject of mutual negotiation. In the event any
Party incurs attorney’s fees, costs or other legal expenses to enforce the provisions of this
Agreement against the other Party, all such fees, costs and expenses shall be recoverable by
the prevailing Party.
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No liability shall attach to any of the Parties by reason of entering into this Agreement except as
expressly provided herein.
The provisions of this Section IX shall survive any termination or expiration of this Agreement.
SECTION X: ENTIRE AGREEMENT
This Agreement comprises the entirety of the terms and conditions agreed upon by the Parties.
All documents referred to by incorporation are attached as exhibits. No other understandings,
whether oral or otherwise, relating to the subject matter of this Agreement, shall be deemed to
exist or bind any of the Parties.
This Agreement shall be construed and enforced in accordance with the laws of the State of
Washington, and its validity and performance shall be governed by these laws. In the event of
any legal action arising from this Agreement, the venue shall be the Superior Court in the
County of Franklin, State of Washington.
SECTION XI: NOTICE ADDRESSES
All notices given pursuant to this Agreement shall be deemed delivered to the respective Party
on the date that it is personally delivered to the address(es) set forth below, or on the date that it
is successfully sent by email transmission to the email addresses set forth below:
ENTITY:
Attention:
Email:
Address
XII. RECORDS AND AUDIT.
During the term of this Agreement, and for a period not less than six (6) years from the date of
termination, records and accounts pertaining to the work of this Agreement and accounting
therefore shall be kept by each Party and shall be available for inspection and audit by
representatives of either Party and any other entity with legal entitlement to review said records.
If any litigation, claim, or audit is commenced, the records and accounts along with supporting
documentation shall be retained until all litigation, claims, or audit finding has been resolved,
even though such litigation, claim, or audit continues past the six-year (6) retention period. This
provision is in addition to and is not intended to supplant, alter or amend records retention
requirements established by applicable state and federal laws.
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DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E
CITY OF KENNEWICK: PORT OF KENNEWICK:
___________, City Manager Tim Arzen, CEO
Date:______________ Date:______________
Approved as to form:
_______________ ___________________
City Attorney Port Legal Counsel
CITY OF PASCO: PORT OF PASCO
___________, City Manager _____________CEO
Date:______________ Date:______________
Approved as to form:
City Attorney Port Legal Counsel
DocuSign Envelope ID: DE6296C4-725A-4840-85BF-8A3BCF2D040E