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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. i I� I i C 2 - 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 3 -