24-182.00EastValleySchoolDistrictPedestrianUndercrossingILA Contract 24-182
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SPOKANE VALLEY AND EAST VALLEY
SCHOOL DISTRICT FOR USE OF THE SULLIVAN ROAD/EAST
VALLEY SCHOOL DISTRICT PEDESTRIAN UNDERCROSSING
WHEREAS, the City of Spokane Valley (the "City") and East Valley School District (the
"District"), collectively,the"Parties", desire to enter into this Interlocal Agreement for Use of the
Sullivan Road/East Valley School District Pedestrian Undercrossing(the"Agreement"); and
WHEREAS, Spokane County constructed a new road access from Sullivan Road and Wellesley
Avenue to North Bigelow Gulch Road; and
WHEREAS,the new connecting roadway has significantly more traffic at higher speeds than what
previously existed on Sullivan Road north of Wellesley Avenue; and
WHEREAS, the new connecting roadway divides two properties owned and operated by the
District for public education purposes, creating potential hazards for pedestrians seeking to move
from one property to the other; and
WHEREAS, the new connecting roadway creates a significant barrier to the District for moving
equipment between its two properties for maintaining school playgrounds, athletic fields, and
athletic facilities that are necessary components of the two adjacent schools; and
WHEREAS, as part of Spokane County's construction of the connecting roadway, Spokane
County installed a pedestrian undercrossing under the roadway to allow safer access between the
two properties for pedestrians and ground and field maintenance equipment; and
WHEREAS, the Parties agree that the use of the undercrossing by the District for safe pedestrian
passage between the District's western and eastern properties was part of the consideration for the
District entering into a Right of Way Agreement in May 2021,with Spokane County; and
WHEREAS, the Parties agree that the pedestrian undercrossing is within the City right-of-way
for Sullivan Road; and
WHEREAS,the Parties agree that the pedestrian undercrossing is owned by the City; and
'WHEREAS, the Parties desire to establish additional terms of use for the pedestrian
undercrossing.
NOW,THEREFORE, the City and the District hereby agree as follows:
1 —RESPONSIBILITIES OF THE DISTRICT
1.1 The District shall ensure that use of the pedestrian undercrossing shall be limited to pedestrians
crossing between the District's western and eastern properties, Spokane County Tax Parcels
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46354.9026 and 46363.9005 (hereinafter referred to as the "Properties"), and to District staff
moving ground and field maintenance equipment between the District Properties.
1.2 District's use of the pedestrian undercrossing shall generally be related to student access
between the District's properties, access between the properties for District approved sporting
events, and access between the properties for other District needs, which may include property
maintenance and equipment movement.
1.3 The District shall prohibit any equipment that exceeds the height or width of the pedestrian
undercrossing entrance from being transported through the undercrossing. The pedestrian
undercrossing measures 10' tall by 19' wide, so any equipment being transported through the
pedestrian undercrossing must safely fit within those parameters.
1.4 The District shall generally maintain the pedestrian undercrossing as follows:
a. Keep the pedestrian undercrossing clear and free of debris;
b.Maintain the lighting system,including light fixtures,bulb replacement,wiring,junction
boxes, and all other associated items;
c. Maintain the gates,including painting,hinges, latches, and locks. City must be provided
with a copy of the key for each lock securing the pedestrian undercrossing, and be
permitted access at all times for the purposes of inspection or repair,which may include
temporary closure as necessary. If a temporary closure is required,the City shall give as
much advance notice as is possible under the circumstances;
d. Report any noticeable defects or cracks to the City's bridge inspector promptly;
e.Paint over graffiti in the pedestrian undercrossing or abutments after being brought to the
District's attention. Any noticeable defects or cracks that appear in the pedestrian
undercrossing shall not be painted over, and the District shall report such defects or
cracks to the City's bridge inspector promptly;
f.Maintenance of the asphalt pathway within the pedestrian undercrossing and path leading
to the undercrossing within the City's right-of-way;
g. Not affix anything to the structure; and
h. Take all reasonable steps to avoid damaging the structure.
i. Notify the City's bridge inspectors in advance of any material maintenance activities
affecting the undercrossing structure.
1.5 District shall pay for all electrical use for pedestrian undercrossing lighting.
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1.6 District shall keep the pedestrian undercrossing gates locked when not in use at its cost to
preclude general public use.
1.7 All maintenance costs specified in Section 1.3 above, and all electrical costs specified in
Section 1.4 above shall be borne solely by the District.
1.8 The District is solely responsible for the safe use of the undercrossing by all pedestrians and
District staff, limited to the District's obligations specified in this Agreement. When the gates of
the undercrossing are locked, the District shall maintain a sign on the gates visible to the outside
of the undercrossing that indicates "When gates are closed,pedestrians must utilize the crosswalk
at the signaled intersection of Sullivan Road and Wellesley Avenue." Such sign shall be provided
by the City at the City's cost.
2—RESPONSIBILITIES OF THE CITY
2.1 The City shall inspect the pedestrian undercrossing, and associated facilities every other
summer,anticipated to be during the summer break at the City's cost.A condition safety inspection
shall be conducted by City staff on a 24 month basis at the City's cost, in accordance with the
City's Bridge Inspection and Maintenance Program.
2.2 The City shall maintain, repair, and replace the pedestrian undercrossing structure (except as
specifically provided in Section 1 ("Responsibilities of the District"), including any concrete
spalling it deems necessary for either structural or aesthetic purposes at the City's sole cost;
provided,however, that in all cases where damage is solely caused by the acts or omissions of the
District, its officers, employees and/or authorized agents in performing its duties herein, the
District shall bear all costs and expenses of maintenance,repair, and replacement.
3 —RESERVATION OF RIGHTS IN AN EMERGENCY
3.1 The City reserves the right to manage and/or repair the pedestrian undercrossing and associated
facilities as necessary in its sole discretion in emergency situations,which means situations where
there is an imminent risk of loss of life, health, or property as determined in the sole discretion of
the City Manager or designee.
3.2 If there is imminent risk of loss of life,health, or property, the City may restrict or discontinue
access to the pedestrian undercrossing without prior notice to the District during the City's
maintenance, repair, and replacement activities specified in Section 2.2 above to rectify the
emergency situation, and shall notify the District as soon as reasonably practicable after discovery
of the imminent risk. To the extent allowed by the City's budget as adopted by City Council and
the types of repairs, replacements, or maintenance required, the City will promptly rectify any
emergency situation and reopen access to the pedestrian undercrossing as soon as the emergency
situation has been rectified.
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4—TERM
4.1 The term of this Agreement is from the date of execution and extends until such time the
District no longer owns one or both of the parcels making up the Properties adjoining the pedestrian
undercrossing such that the purpose for which this Agreement was entered into (crossing for
pedestrians and ground and field maintenance equipment)no longer exists,whichever occurs first.
5—TERMINATION
5.1 This Agreement may be terminated by mutual written agreement of the Parties.
6—INDEMNIFICATION
6.1 The District shall protect, defend, indemnify, and hold harmless the City and its officers,
employees and/or authorized agents from any and all costs, claims,judgments, and/or awards of
damages (both to persons and/or property) arising out of, or in any way resulting from, the
District's wrongful or negligent acts,errors,or omissions in the performance or failure to perform
its obligations pursuant to the provisions of the Agreement. The District shall not be required to
indemnify, defend, or hold harmless the City if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the wrongful or negligent acts, errors, or
omissions of the City's performance or failure to perform its obligations pursuant to the provisions
of the Agreement; provided that, if such claims, suits, or actions result from the concurrent
wrongful or negligent acts, errors, or omissions of the District, its officers, employees and/or
authorized agents,and the City,its officers, employees and/or authorized agents,or involves those
actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the proportionate responsibility of each Party, its officers,
employees, and/or authorized agents.
6.2 The City shall protect, defend, indemnify, and hold harmless the District and its officers,
employees and/or authorized agents from any and all costs, claims,judgments, and/or awards of
damages (both to persons and/or property) arising out of, or in any way resulting from, the City's
wrongful or negligent acts, errors, or omissions in the performance or failure to perform its
obligations pursuant to the provisions of the Agreement. The City shall not be required to
indemnify, defend, or hold harmless the District if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the wrongful or negligent acts, errors, or
omissions of the District's performance or failure to perform its obligations pursuant to the
provisions of the Agreement; provided that, if such claims, suits, or actions result from the
concurrent wrongful or negligent acts, errors, or omissions of the City, its officers, employees
and/or authorized agents, and the District, its officers, employees and/or authorized agents, or
involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall
be valid and enforceable only to the extent of the proportionate responsibility of each Party, its
officers,employees, and/or authorized agents.
6.3 It is further specifically and expressly understood that the defense, indemnification, and hold
harmless obligations provided herein constitutes each Parties'waiver of immunity under Industrial
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Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been
mutually negotiated by the Parties.
6.4 The provisions of Section 6 in their entirety shall survive the expiration or termination of this
Agreement.
7—DISPUTE RESOLUTION
7.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
7.1.1 Responsible supervisory staff for each Party shall meet in person to discuss the issue and
potential resolutions; and if not resolved
7.1.2 The District Superintendent and the City Manager shall meet in person to discuss the
issue and potential resolutions; and if not resolved
7.1.3 Each party shall submit a list of three proposed mediators,exchange the lists,and attempt
to agree on one common mediator. Any decision by the mediator shall not be binding unless
agreed upon by the Parties; and if not resolved
7.1.4 One or both Parties may file suit in Spokane County Superior Court.
8—VENUE
8.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any such action or
proceedings shall be brought in Spokane County Superior Court. Each Party shall be responsible
for its own costs, including the costs of attorneys.
9—FORCE MAJEURE
9.1 Neither Party shall be liable to the other Party or deemed in default under this Agreement if
and to the extent that such Party's performance of this Agreement is prevented by reason of force
majeure, including but not limited to an unforeseeable or inevitable event caused by nature, fires,
strikes, insurrection, riots, embargoes, or pandemic.
10—AMENDMENT
10.1 The provisions of the Agreement may be amended by mutual written consent of the Parties.
No additions to, or alterations of the terms of this Agreement shall be valid unless made in writing
and approved with the same formality as this original Agreement was approved.
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11—NOTICE Any notice required to be given to one or both Parties shall be directed as follows:
If to District: If to City:
EVSD Superintendent City of Spokane Valley
3830 North Sullivan Road City Clerk
Building One 10210 East Sprague Avenue
Spokane Valley, WA 99216 Spokane Valley, WA 99206
12—INSURANCE/LIABILITY PROTECTION
12.1 The District is a member of a risk pool that provides its members liability coverage for
qualifying activities. The District agrees to maintain its participation in its current or similar risk
pool which provides not less than $4,000,000 per occurrence with $4,000,000 aggregate limits,
including auto liability coverage. In the event the District fails to maintain membership in a risk
pool,the District shall obtain replacement liability coverage from a private insurance provider and
have at least the same minimum coverage as outlined above.
13 —MISCELLANEOUS PROVISIONS
13.1 Duration: See term in Section 4.
13.2 No separate legal or administrative entity is created by this Agreement.
13.3 The purpose of this Agreement is to outline the responsibilities and obligations of the Parties
in relation to the maintenance, and use of the pedestrian undercrossing located under North
Sullivan Road between the District owned parcels 46354.9026 and 46363.9005.
13.4 The manner of financing the Agreement. See Sections 1 and 2. Each party is responsible for
its costs in fulfilling its obligations pursuant to this Agreement.
13.5 The City Manager or designee and District Superintendent or designee shall be responsible
for administering the Agreement.
13.6 Any and all property purchased by the District pursuant to this Agreement shall remain the
property of the District. Any and all property purchased by the City pursuant to this Agreement
shall remain the property of the City.
13.7 As required by RCW 39.34.040, prior to this Agreement's entry into force, this Agreement
shall be filed with the county auditor or, alternatively,listed by subject on each party's web site or
other electronically retrievable public source.
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CITY OF SPOKANE VALLEY:
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City Manager
APPROVED AS TO FORM:
By: Date: I° — 16 - Z02
Offic of the Ci Attorney
EAST VALLEY SCHOOL DISTRICT:
By:s LJ r� Date: /0 -- 7 — j b2.
up Y
Serintendent
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