HomeMy WebLinkAbout25-160.00WashingtonDept.ofNaturalResourcesILA25-160.00
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SPOKANE VALLEY AND THE WASHINGTON STATE
DEPARTMENT OF NATURAL RESOURCES FOR USE OF PARKING
FACILITIES AT MIRABEAU POINT PARK
DNR Agreement #93-108533
WHEREAS, the City of Spokane Valley (the "City") and Washington State Department of Natural
Resources ("DNR!'), collectively, the "Parties" or individually referred to as "Party", desire to
enter into this interlocal agreement for nonexclusive use of the City parking facilities located at
Mirabeau Point Park to allow the opening of pedestrian access to DNR's Pinecroft Natural Area
Preserve (the "Agreement"); and
WHEARAS, DNR's Pinecroft Natural Area Preserve (the "Pinecroft NAP") is a 100.19-acre
natural area preserve owned and managed by DNR for conservation, research, and environmental
education purposes pursuant to chapter 79.70 RCW and chapter 332-52 WAC; and
WHEREAS, Mirabeau Point Park is a 55.51-acre City park that is a regional, community, multi-
use education, recreational, and cultural destination in the heart of the City located along the south
bank of the Spokane River and Centennial Trail; and
WHEREAS, DNR intends to open the Pinecroft NAP located at tax parcel 45105.9068 for the
public to explore the educational trails, as well as provide a glimpse into the City's natural history
and enrich the community's shared sense of place; and
WHEREAS, DNR's planned educational trail access to the Pinecroft NAP from the City's
Mirabeau Point Park will be located at the northwest corner of the Mirabeau Meadows; and
WHEREAS, the City has extensive parking facilities for the traveling public to utilize when
visiting the trails, waterfall, ponds, playgrounds, and other amenities at Mirabeau Point Park; and
WHEREAS, DNR desires to utilize such parking for users desiring to access the Pinecroft NAP.
NOW, THEREFORE, the City and DNR hereby agree as follows:
1— PURPOSE OF AGREEMENT
1.1 The purpose of the agreement is to:
1.1.1 Enhance public access to the Pinecroft NAP, located at tax parcel 45105.9068, for
environmental education and nature appreciation, while maintaining site protection
for conservation values; and
1.1.2 Connect the adjacent City -owned walking trails located in Mirabeau Meadows and
Mirabeau Springs, which are part of the amenities at Mirabeau Point Park, located
at tax parcel 45105.9010, to the Pinecroft NAP interpretive trail. This will result in
a more complete nature conservation education experience. A site plan for the
proposed Pinecroft NAP interpretive trail is attached as Exhibit "A" hereto.
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2 — RESPONSIBILITIES OF THE PARTIES
2.1 DNR shall:
2.1.1 Be responsible according to the provisions herein for any and all activities, use,
management, operations, improvements, work, and access to the Pinecroft NAP,
and any and all enforcement of federal, state and local rules, laws, regulations, and
ordinances thereon.
2.1.2 Be responsible for adherence to all federal, state and local laws, regulations, and
ordinances which relate directly to its ownership or management of the Pinecroft
NAP, including obtaining all permits and approvals necessary for any work or
activity thereon. Nothing herein shall be construed as the City providing advanced
approval for any projects, whether contemplated as part of this Agreement or not.
2.1.3 During the remainder of calendar year 2025- and all of calendar year 2026, work
towards creating one or more formal entrances to the Pinecroft NAP and develop a
walking trail for the purposes of environmental education and nature enjoyment.
2.1.4 Install, maintain, and replace as needed, welcome signs, DNR regulation signs, and
trail signs that list hours of access consistent with those listed in chapter 6.05 of the
Spokane Valley Municipal Code.
2.1.5 Repair breaches in the Pinecroft NAP fence.
2.1.6 Monitor use patterns and impacts to the natural features within Pinecroft NAP and
manage for appropriate use levels, location, and potential mitigation measures,
including, as needed, closure of the interpretive trail.
2.1.7 Discuss with the City potential future opportunities related to the management and
use of the Pinecroft NAP and the City's Mirabeau Point Park.
2.2 The City shall:
2.2.1 Participate with DNR in messaging and joint communications for neighborhood
and community outreach about creation of the new educational trail, and related
outreach activities; and potentially host community meeting(s) at CenterPlace
Regional Event Center located in Spokane Valley, WA at the City's sole discretion.
2.2.2 Allow nonexclusive parking for Pinecroft NAP trail users at City parking facilities
at Mirabeau Point Park during the Mirabeau Point Park hours of operation.
2.2.3 Continue to provide trash disposal from trash bins adjacent to the Pinecroft NAP
on City park property through the City's existing park maintenance contract.
2.2.4 Upon observing or being made aware of any facility or fence repair needs,
communicate in writing those necessary repairs to be addressed by DNR pursuant
to their responsibilities.
2.2.5 Discuss with DNR potential future partnership opportunities related to the
management and use of the Pinecroft NAP and the City's Mirabeau Point Park.
3 — MISCELLANEOUS TERMS
3.1 Term. This Agreement shall become effective upon execution by the parties, and shall remain
in effect until December 31, 2026, unless sooner terminated by either party as provided herein.
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3.2 Termination. Either party may terminate this Agreement by providing 30 days written notice
to the Project Coordinator of the other party at the address listed in section 3.7. If this
Agreement is terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this agreement prior to the effective date of
termination.
3.3 Amendments. This Agreement shall only be amended by written mutual consent of both
parties. For the City, the City of Spokane Valley's City Council delegates the authority to
amend this Agreement to the City Manager or designee. For DNR, signature authority for
contracts and amendments is determined by what is, at the time, the most updated
Commissioner's Delegation Order.
3.4 Liabili .
3.4.1 DNR shall protect, defend, indemnify, and hold harmless the City and its officers,
employees and/or authorized agents from any and all claims, injuries, death,
damages, losses or suits, judgments, and/or awards of damages (both to persons
and/or property) arising out of, or in any way resulting from, DNR's wrongful or
negligent acts, errors, or omissions in the performance or failure to perform its
obligations pursuant to the provisions of the Agreement.
3.4.2 City shall protect, defend, indemnify, and hold harmless DNR and its officers,
employees and/or authorized agents from any and all claims, injuries, death,
damages, losses or suits, judgments, and/or awards of damages (both to persons
and/or property) arising out of, or in any way resulting from, 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.
3.4.3 Neither Party shall be required to protect, indemnify, defend, or hold harmless the
other Party if the claim, suit, or action for injuries, death, or damages (both to
persons and/or property) is caused solely by the wrongful or negligent acts, errors,
or omissions of the other Party'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 DNR, 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.
3.4.4 DNR recognizes that it is the manager of the Pinecroft NAP property. As such, in
addition to the general indemnification provisions above, DNR specifically agrees
to protect, defend, indemnify, and hold harmless the City and its officers,
employees and/or authorized agents from any and all claims, injuries, death,
damages, losses or suits including attorney fees, judgments, and/or awards of
damages arising out of or in connection with any activity on, or use of the Pinecroft
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NAP property, unless caused solely by the wrongful or negligent acts, errors, or
omissions of the City.
3.4.5 The provisions of section 3.4 shall survive the expiration or termination of this
Agreement.
3.5 Costs. Each Party will bear its own costs associated with its obligations herein.
3.6 Acquisition and disposition of property. It is not anticipated that any real or personal property
will be acquired by a Party pursuant to this Agreement. Where real or personal property is
acquired by a Party, it shall be deemed the property of that Party and may be held and disposed
of in accordance that Party's governing laws and regulations.
3.7 Project Coordinators:
3.7.1 The Project Coordinator for City is: John Bottelli, Parks & Recreation Director,
City of Spokane Valley, at (509) 370-9572; Mailing Address: 10210 East Sprague
Avenue Spokane Valley WA, 99206; main telephone (509) 720-5400.
3.7.2 The Project Coordinator for DNR is: Connor Nikkola, NE Region Natural Areas
Manager, at (509) 675-5264. Mailing Address: The State of Washington
Department of Natural Resources Northeast Region, 225 S Silke Rd, Colville, WA
99114; main telephone (509) 684-7474.
3.8 Filing. 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, another electronically
retrievable public source.
3.9 Dispute resolution. In the event that a dispute arises under this Agreement, it shall be resolved
as follows:
3.9.1 The Project Coordinators for each Party shall meet to discuss the issue and potential
resolutions; and if not resolved then
3.9.2 One or both Parties may file suit in Thurston County Superior Court.
10 Venue. 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 Thurston County Superior Court.
3.11 Approval. By signature below, the Parties certify that the signatories below are authorized
to sign on behalf of the agency and bind the same. Specifically, DNR certifies that the
agreement has been approved by any necessary state officer or agency with regard to matters
within his, her or its jurisdiction pursuant to RCW 39.34.050.
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3.12 Nondiscrimination
During the performance of this contract, the Parties shall comply with all federal and
state nondiscrimination laws, regulations, and policies.
1. Nondiscrimination Requirement. During the term of this contract, the Parties, including any
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In
addition, the Parties, including any subcontractor, shall give written notice of this
nondiscrimination requirement to any labor organizations with which the Parties, or
subcontractor, has a collective bargaining or other agreement.
2. Obligation to Cooperate. The Parties, including any subcontractor, shall cooperate and
comply with any Washington state agency investigation regarding any allegation that the
Parties, including any subcontractor, has engaged in discrimination prohibited by this
contract pursuant to RCW 49.60.530(3).
3. Default. Notwithstanding any provision to the contrary, either Party may suspend the other
Party, including any subcontractor, upon notice of a failure to participate and cooperate
with any state agency investigation into alleged discrimination prohibited by this contract,
pursuant to RCW 49.60.530(3). Any such suspension will remain in place until the
suspending Party receives notification that the suspended Party, including any
subcontractor, is cooperating with the investigating state agency. In the event the Parties, or
subcontractor, is determined to have engaged in discrimination identified at RCW
49.60.530(3), either Party may terminate this contract in whole or in part, and the Party,
subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. The
offending Party or subcontractor may be given a reasonable time in which to cure this
noncompliance, including implementing conditions consistent with any court- ordered
injunctive relief or settlement agreement.
4. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of
contract termination or suspension for engaging in discrimination, the offending Party,
subcontractor, or both, shall be liable for contract damages as authorized by law including,
but not limited to, any cost difference between the original contract and the replacement or
cover contract and all administrative costs directly related to the replacement contract,
which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Either
Party shall have the right to deduct from any monies due to the other Party or subcontractor,
or that thereafter become due, an amount for damages the offending Party or subcontractor
will owe the other Party for default under this provision.
3.13 Subcontractors
No subcontractor(s) will be used to perform any part of the work under this contract unless
the other Party has provided written authorization for the same.
rl *14111
A. Site Plan
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CITY OF SPOKANE VALLEY:
By:
J n Hohman, City Manager
APPROVED AS TO FORM:
�' '
Date: -*1j- e & - 2 s-
Date: t d /Z g2/ 2-6-
THE STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES
By:
Pat Ryan, DNFZKortheast Region Manager
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Date: 09/04/2025
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DNR Agreement # 93-108533
Exhibit A
Pineeraft Natural Area Preserve
Pinecroft Natural Area Preserve
—WA Department of Natural Resources
"A A�.
Source: Washington State Department of
Natural Resources, Natural areas Program
nATURAL
RESOURCES
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