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Home My WebLink About5.1078 Original ContractThis Agreement is entered into by and between the National Park Service (NPS), United States Department of the Interior, acting through the Superintendent of Olympic National Park (Park), and the City of Port Angeles (City), Washington, acting through its Mayor and City Council. ARTICLE I— BACKGROUND AND OBJECTIVES The objective of this Agreement is to establish the terms and conditions under which the parties will enact a pilot program to determine the long -term feasibility of maintaining seven -day a week access to Hurricane Ridge throughout the winter. Hurricane Ridge and its related facilities are within the boundaries of Olympic National Park. Operation and maintenance of the facilities is the sole responsibility of the Park. Currently, access from late November through the end of March is limited to Friday through Sunday, Monday holidays, and the period between Christmas and New Year's Day due to operational funding and staffing limitations. The City and the Park agree that analysis of visitation data collected during the pilot program shall determine if seven day a week operation of Hurricane Ridge is feasible or justifiable. ARTICLE II— AUTHORITY For the NPS: This Agreement is entered into under the authority of 16 U.S. C. 6, that authorizes the Secretary, in administration of the NPS to accept... moneys donated for the purposes of the national park and monument system. For the City: The City enters into this Agreement under its authority to contract for services to promote tourism and economic development. ARTICLE III STATEMENT OF WORK A. The NPS agrees to: Page 1 of 5 Memorandum of Agreement between The United States Department of the Interior National Park Service and the City of Port Angeles, Washington Agreement No G9500100119 1. Allocate funds identified by the Washington Support Office in the amount of $250,000 for the first year of the pilot program. Funding shall be utilized for labor, equipment maintenance, supplies, and materials. 2. Seek to obtain appropriated funds in the amount of $250,000 each year by October 1 for the remaining two years of the pilot program. 6. /07$ B. The City agrees to: Agreement No. G9500100119 1. In recognition that $55,000 in funds have already been deposited in a Chase Bank Account for donation to the Park through the Washington's National Park Fund for the purpose of opening the Hurricane Ridge Road seven days a week, the City shall provide an additional $20,000 one week after signing, for a total of $75,000 for the first year to support implementation of the pilot program. 2. Seek to obtain funds in the amount of $75,000 each year by October 1 for the remaining two years of the pilot program. However, nothing in this Agreement shall be construed as obligating the City to expend in any one fiscal year any sum in excess of the monies appropriated by the Port Angeles City Council for the performance of this Agreement. C. The NPS and the City agree: 1. To work together to develop and implement a method to objectively and quantitatively identify the level of success achieved by the pilot program. The information thus gathered shall be collated and distributed to the parties prior to May 1 of each year of this Agreement. 2. The term "open seven -days a week" as used in this agreement does not guarantee the road will be open one hundred percent of the time. All parties involved understand that the safety of staff and visitors takes priority over maintaining access. Historically, severe weather conditions have forced closure of Hurricane Ridge Road twenty percent of the time during winter months. 3. Each party to this Agreement waives all claims against the other party for compensation for any loss, damage, personal injury, or death occurring in consequence of the performance of this Agreement. 4. Nothing in this Agreement shall be construed as obligating the NPS to expend in any one fiscal year any sum in excess of the monies appropriated by Congress and allocated by the NPS for the performance of this Agreement. 5. If either party fails to secure funding by June 1 as identified in this Agreement, the Agreement is null and void, and the pilot program shall be discontinued. ARTICLE IV —TERM OF AGREEMENT This Agreement shall be effective for a period of three years from the date of final signature, unless it is terminated earlier by one of the parties pursuant to Article VII that follows. ARTICLE V —KEY OFFICIALS A. Key officials are essential to ensure maximum coordination and communications between the parties and the work being performed. They are: Page 2 of 5 1. For the NPS: Signatory /Administrative Karen C. Gustin, Superintendent Olympic National Park 600 East Park Avenue Port Angeles, Washington 98362 Telephone: 360-565-3002 Fax: 360 -565 -3015 E -mail: Karen_Gustin@nps.gov 2. For the City of Port Angeles: Signatory /Administrative Kent Myers, City Manager City of Port Angeles 321 E. 5th Street Port Angeles, Washington 98362 Telephone: 360-417-4500 Fax: 360 417 -4509 E-mail. kmyers @cityofpa.us B. Communications C. Changes in Key Officials ARTICLE VI— FUNDING Funding shall be transferred to the NPS as described in Article III.B. Page 3 of 5 Agreement No. G9500100119 Each party shall address any communication regarding this Agreement to the other party's key official. Neither the NPS nor the City may make any permanent change in a key official without written notice to the other party reasonably in advance of the proposed change. The notice will include a justification with sufficient detail to permit evaluation of the impact of such a change on the scope of work specified within this Agreement. Any permanent change in key officials will be made only by modification to this Agreement. ARTICLE VII MODIFICATION AND TERMINATION A. This Agreement may be modified only by a written instrument executed by the parties. B. Either party may terminate this Agreement by providing the other party with thirty (30) days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties will meet promptly to discuss the reasons for the notice and to try to resolve their differences. ARTICLE VIII STANDARD CLAUSES A. Civil Rights During the performance of this Agreement, the participants agree to abide by the terms of U.S. Department of the Interior Civil Rights Assurance Certification, nondiscrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, sexual orientation, national origin, disabilities, religion, age, or sex. B. Promotions Agreement No. G9500100119 The City of Port Angeles will not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications) which states or implies Governmental, Departmental, bureau, or Government employee endorsement of a product, service, or position which the City of Port Angeles represents. C. Public Information Release Publications of Results of Studies No party will unilaterally publish a joint publication without consulting the other party. This restriction does not apply to popular publication of previously published technical matter. Publications pursuant to this Agreement may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contributing to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, either party may publish data after due notice and submission of the proposed manuscripts to the other. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion. Page 4 of 5 ARTICLE IX— SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) set forth below. FOR THE NATIONAL PARK SERVICE: Karen C. Gust Superintendent Olympic Nat'onal Park FOR THE CITY OF PORT ANGELES, WASHINGTON: Kent 1Vfyers City Manager Page 5 of 5 i b h cr fiD Date/ 0 ,0 z%:, Date Agreement No. G95001 001 1 9