HomeMy WebLinkAbout001104 Original Contract City of Port Angeles
Record # 001104
INTERLOCAL AGREEMENT
BETWEEN
OLYMPIC MEDICAL CENTER
AND
CITY OF PORT ANGELES
FOR
GEORGIANA PARK PLAYGROUND RENOVATION
This Agreement made and entered into as of the date of the last signature affixed below,
by and between the Clallam County Public Hospital District No.2, hereinafter referred to as
"OMC" and the City of Port Angeles, a municipal corporation of the State of Washington,
hereinafter referred to as the "City." Subsequent reference to OMC and the City, in a collective
sense, shall be by the use of the term "Parties."
WHEREAS, the Inter-Local Cooperation Act, RCW Chapter 39.34, provides that any
two public agencies of the state having separate authority to exercise a particular power may
enter into an agreement for cooperative or joint exercise of that power; and
WHEREAS, Olympic Medical Center and the City of Port Angeles wish to enter into an
agreement to combine resources to purchase and build a new playground at Georgiana Park for
children of all abilities.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT:
1. Term. The term of this Agreement shall be from the date of execution and shall
terminate once a new playground equipment is purchased and installed at
Georgiana Park, unless the Agreement is amended or terminated in accordance
with the provisions below:
a. Termination of this Agreement may be made by either party, upon written
notice by the City Manager or Chief Executive Officer to the other a
minimum of thirty(30)days prior to effective date of termination or;
b. Upon breach of this Agreement by a party, the other party shall give
written notice of termination of the Agreement specifying the claimed
breach and action required to cure the breach. If the breaching party fails
to cure the breach within five days from receipt of said notice, then the
contract shall terminate ten days from receipt of the written notice.
2. Purpose. The purpose of this Agreement is to establish an arrangement under
which OMC and the City will jointly work together to purchase and build a new
playground at Georgiana Park.
3. OMC agrees to the following;_
a. Provide $69,000 of funding towards a new playground equipment
designed by AllPlay Systems which will improve the neighborhood in
which the OMC hospital campus is located; provide a benefit to patients,
including the poor and infirm served by OMC, as well as patients'
families, and offer an inclusive and accessible community park to local
residents and visitors. OMC will receive consideration in the form of
positive publicity and enhanced public profile while furthering its miss of
providing health care locally to the underserved residents of Clallam
County
b. Promote and encourage the OMC Foundation and private donors to help
fund the new playground equipment
4. The City agrees to the following
a. Designate and manage an account specifically to hold OMC's funding and
donations from the OMC Foundation, Quinn Redlin Kintner Endowment
for Accessibility, and the community for the reservation of Georgiana
Park.
b. Purchase new playground equipment using the Washington State
Department of Enterprise Services Contract list.
C. Install the new playground equipment and amenities at the Georgiana
Park.
d. Continue to own and maintain the Georgiana Park playground per ASTM
standards for the lifespan of the equipment.
5. Indemnification. It is understood and agreed that this Agreement is solely for the
benefit of the parties hereto and gives no right to any other person or entity. No
joint venture or partnership is formed as a result of this Agreement. Each party
hereto agrees to be responsible and assumes liability for its own negligent acts or
omissions, or those of its officers, agents, elected officials or employees to the
fullest extent required by the law, and agrees to save, indemnify, defend and hold
the other party harmless from any such liability. In the case of negligence of
both, OMC and the City, any damages allowed shall be levied in proportion of the
percentage of negligence attributable to each party, and each party shall have the
right to seek contribution from the other party in proportion to the percentage of
negligence attributable to the other party.
6. Amendments. This Interlocal Agreement contains the entire agreement between
participants and shall not be modified in any manner except by an instrument in
writing executed by authorized representatives of both parties.
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CITY F PORT ANGELES OLYMPIC MEDICAL CENTER
By: - By:
City Manager,Dan McKeen Eric Lewis,Chief Executive Officer
Date: 3 I -s- it, Date:
Approved/A to form:
By �,_... .
William E.Bloor, i tt nley
Jennffcr Veneklasen,City Clerk
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