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HomeMy WebLinkAbout5.688 Original Contract 5.(Pg% AMENDMENT To INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION, AND THE OLYMPIC REGION CLEAN AIR AGENCY THIS AMENDMENT is entered into thi~ ~ day of June, 2008, between the City of Port Angeles, Washington, hereinafter referred to as "City," and Olympic Region Clean Air Agency, hereinafter referred to as ORCAA. For the mutual benefits to be derived, the parties recite and agree to as follows: The City and ORCAA entered an Interlocal Agreement between the City of Port Angeles, a Municipal Corporation, and the Olympic Region Clean Air Agency dated September 7,2004. That Interlocal Agreement is incorporated herein by this reference and may be referred to as "the Agreement." The Agreement hereby is amended to provide that it will continue in full force and effect until June 30,2010. All other terlp.s ~~n_d con~itions of the Agreement are confirmed and ratified. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. CITY OF PORT ANGELES OLYMPIC REGION CLEAN AIR AGENCY(ORCA ~rz.l1(~ Mark E. Madsen, City Manager, as approved by the City Council ';cliard Stedman, E~ecutive Direct;~---- DA TED: June .2 3 , 2008. DATED: /11/~ 30 , 2008. A~r~ved as to Form: ~V~ ~ '1' William E. Bloor; CitytAftorney G ILegal_ BackupIAGREEMENTS&CONTRACTS\2008 Agmts&ContractslORCCA Contract ExtenSIon 061708 wpd t .5.u>~~ -J. . .- . AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION AND THE OLYMPIC REGION CLEAN AIR AGENCY THIS AMENDMENT is entered into this ~ay of~ ,n /, 2006, between the City of Port Angeles, Washington, hereinafter referred to as "Ci~c Region Clean Air Agency, hereinafter referred to as ORCAA. For the mutual benefits to be derived, the parties recite and agree to as follows: The City and ORCAA entered an Interlocal Agreement between the City of Port Angeles, a Municipal Corporation and the Olympic Region Clean Air Agency dated September 7,2004. That Interlocal Agreement is incorporated herein by this reference and may be referred to as "the Agreement." The Agreement hereby is amended to provide that it will continue in full force and effect until June 30, 2008. All other terms and conditions of the Agreement are confirmed and ratified. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. DATED this /8ti... daYOf~eR~. DATED this d rt. day of/iv9~(r r, --zc;706. AIR AGENCY(ORCAA) 5.{.ogg RETURN ADDRESS: City of Port Angeles P O. Box 1150 Port Angeles, WA 98362 ;ILED Fr' ~ " . LJ.. "ECl,JllO ,\ '( ni( PfOUES! ''[COrfl~~:~?t~_.._ , ...,_11, l~ :l.~ cu 200S ~f/:iR 28 AN 10: 36 -.'" CiJ 2005 1153209 Clallam County INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION AND THE OLYMPIC REGION CLEAN AIR AGENCY " .5. Lp8~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION AND THE OLYMPIC REGION CLEAN AIR AGENCY THIS AGREEMENT is entered into this 'ItA-day of \.~n rrl-. , 2004, between the City of Port Angeles, Washington, hereinafter referred to as '~ympic Region Clean Air Agency, hereinafter referred to as ORCAA. Recitals: 1. Clean air and air quality monitoring within the City are vital concerns to both the City and ORCAA. 2. The parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. 3. advantageous. The parties have each determined that this Agreement is mutually fair and Agreements: NOW, THEREFORE, in consideration of the mutual contributions, covenants and agreements contained herein, the parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the agreements between the City and ORCAA relating to the installation, ownership, maintenance, and operation of certain air quality monitoring equipment. 2. The duration of this Agreement will be from the date of execution by both parties and will continue until June 30, 2006. 3. ORCAA will pay all costs and expenses of the purchase, installation, operation and repair of the monitoring equipment. lnterlocal Agreement between P A and ORCAA Page 1 4. The City shall provide a suitable site for the installation of the monitoring equipment. The site will be located III the City of Port Angeles on top of the Vern Burton Center. 5. The ORCAA shall provide all management, supervision, personnel, materials, equipment and supplies necessary to operate and maintain the monitoring equipment and shall take all reasonable precautions to prevent damage, injury or loss, by reason of or related to the operation and maintenance of the equipment, to any persons or property. On request from ORCAA, City will provide assistance wIth camera maintenance, i.e. lens cleaning. City wIll install the camera support, cabling and configure the camera on the City network and display Image to an IP address. 6. City will provide access to the site by ORCAA employees for the period of August 11,2004 to June 30, 2006, but has no obligation to maintain or protect the equipment. 7. Access to the monitoring equipment will be provided from 8:00 a.m. to 4:30 p.m. Monday through Friday. 8. City makes no warranties as to the suitability or fitness of the facilities provided. 9. ORCAA will pay and hold the City harmless from any damage(s) to City facilities caused by activities at the site or operations. 10. EIther party may terminate this agreement by giving written notice at least thirty (30) days prior to the effective date of termination. 11. ORCAA agrees to indemnify and hold City harmless from and against any liability for any or all injuries to any person or property arising from the negligent act or omission of the ORCAA or arising out of this agreement, except for such damage, claim or liabIlIty resulting from the sole negligent act or omiSSIOn of City. 12. For purposes of this agreement, the representative of ORCAA shall be James Werner at 360-586-1044 and the City's representative shall be Gary Books at 360-417- 4631. 13. The rights and responsibilities of each party pursuant to this Agreement shall not be assigned without the other party's WrItten agreement. 14. Any alleged breach of this Agreement shall be subject to arbItration as may be required by applicable court rules, statutes, or other legal requirements. Any litIgation between the parties pursuant to this Agreement shall be brought in Clallam County Superior Court. lnterlocal Agreement between P A and ORCAA Page 2 15. ORCAA shall cause copies of this Agreement to be filed with the City Clerk, the Clallam County Auditor and the Secretary of State of the State of Washington. 16. Severability. In the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. this rrtA- day of ~ cs:t. , ~ , "r^ ;.< d\HtHt.,... ... . t ~ t I '\.\.'l.\' ... fi / ~"" " \\ \ \) I' . " ..........\ . . .. . '.. I /' '"'" .... "\ 00- . I ....., ::'0. ~?"'/I.or"'~"I~ ::.:'-: ,,';:" \ , tr, ~G'j:'. ''- . t> '- ~ f I ,l.. , :" ('I) 1;' 1\ I ': (~. ~, - ':.J.: - r... \ '- \ . { '. ';: - J..A-J.A J "'''_' :... ~.~ '''. ~j:,: ft;:.";t~: (,.( J' :- -:. Q . ~r~.,., IJ --k . u:. -. ,t.1 i:." <.t .~" I'", flco_. ~...... ~ .fu'~ J ....J '\ .. ~ . . II .. f\'" 'i, -II ,.) II fI ,(' \ ' .~ It I ~ , . . 1.' ' DATED this 111i1 day of rJ~;o;' '2 /7rlt./ , ~7. OLYMPIC REGION CLEAN AIR AGENCY(ORCAA) ./) -~ ~ ,-, /' .1--; ./,- ~"",,,o/"/ ;"'~' ~ '~~':" ~~-~ , ;/ Lx(Cutlve Director, Richard Ste.iman G \Legal_ Backup\AGREEMENTS&CONTRACTS\ORCAA&CITYOFP A- lnterlocal-Agrmt wpd September 2, 2004 (II OOam) Interlocal Agreement between P A and ORCAA Page 3 . 5.1.o gg RETURN ADDRESS: C~ty of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 FiLED FOR ilEC()" . ,\0 "T TriE l?f.OllEST ,;l:COr.~~_,_~~ .. \ I-v,}t. ( ~:-.,.J\:~i. ~1~ cu:- 2005 ~fAR 28 AN /0: 38 Qj 2005 1153209 Clallam County INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION AND THE OLYMPIC REGION CLEAN AIR AGENCY 5.lt>Sg INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION AND THE OLYMPIC REGION CLEAN AIR AGENCY THIS AGREEMENT is entered into this 'ItA-day of ....In,d-. , 2004, between the City of Port Angeles, Washington, hereinafter referred to as '~ympic Region Clean Air Agency, hereinafter referred to as ORCAA. Recitals: 1. Clean air and air quality monitoring within the City are vital concerns to both the City and ORCAA. 2. The parties are authorized and empowered to enter into this Agreement pursuant to Chapter 39.34 RCW. 3. advantageous. The parties have each determined that this Agreement is mutually fair and Agreements: NOW, THEREFORE, in consideration of the mutual contributions, covenants and agreements contained herein, the parties hereby agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the agreements between the City and ORCAA relating to the installation, ownership, maintenance, and operation of certain air quality monitoring equipment. 2. The duration of this Agreement will be from the date of execution by both parties and will continue until June 30, 2006. 3. ORCAA will pay all costs and expenses of the purchase, installation, operation and repair of the monitoring equipment. lnterlocal Agreement between P A and ORCAA Page 1 " J1 4. The City shall provide a suitable site for the installation of the monitoring equipment. The sIte will be located in the City of Port Angeles on top of the Vern Burton Center. 5. The ORCAA shall provide all management, supervlSlon, personnel, materials, equipment and supplies necessary to operate and maintain the monitoring equipment and shall take all reasonable precautions to prevent damage, injury or loss, by reason of or related to the operation and maintenance of the equipment, to any persons or property. On request from ORCAA, City will provide assistance with camera maintenance, i.e. lens cleaning. City will mstall the camera support, cabling and configure the camera on the City network and display image to an IP address. 6. City will provide access to the site by ORCAA employees for the penod of August 11,2004 to June 30, 2006, but has no obligation to maintam or protect the equipment. 7. Access to the monitoring equipment will be provided from 8:00 a.m. to 4:30 p.m. Monday through Friday. 8. City makes no warranties as to the suitability or fitness of the facilities provided. 9. ORCAA will pay and hold the City harmless from any damage(s) to CIty facilities caused by activities at the site or operations. 10. Either party may terminate this agreement by giving written notice at least thirty (30) days prior to the effective date oftermmation. 11. ORCAA agrees to indemnify and hold City harmless from and against any liability for any or all injuries to any person or property arising from the negligent act or omission of the ORCAA or arising out of this agreement, except for such damage, claim or lIabIlIty resultmg from the sole negligent act or omission of City. 12. For purposes of this agreement, the representative of ORCAA shall be James Werner at 360-586-1044 and the City's representative shall be Gary Books at 360-417- 4631. 13. The rights and responsibilities of each party pursuant to this Agreement shall not be assigned without the other party's written agreement. 14. Any alleged breach of this Agreement shall be subject to arbitration as may be required by applicable court rules, statutes, or other legal requirements. Any litigation between the parties pursuant to this Agreement shall be brought in Clallam County Superior Court. Interlocal Agreement between P A and ORCAA Page 2 . . .. < 15. ORCAA shall cause copies of this Agreement to be filed with the City Clerk, the Clallam County AudItor and the Secretary of State of the State of Washington. 16. Severability. In the event any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. this "..,tA.. day of ~ f5C'-. , ~ ), '!l~ j" '" , , ", , t ~ . , I , , ,\ l-' "ilt .......',... \1 ~ P () If t' 1,,#01' - ........' ~ ............'.1 .......,., ...... ".' " "i'.,''''' e,'J.... .',........".< '(:r, ";,:' ~ : ........ ~ :' _' ...' o. C .:~ ;: '-L..I:' C" r -, f\ I ': r~' ~ ;x, r...,) \1 1.\ ,r., ~ . .IL.A '..!l .I'll': :. ,-.. -;it)l',: ...~,: J:: ~ . if'"," 1J. 'r;,;::,' . V I .' ':::. Q '. : ;f:~l ,;". .' v . " , ...... /'/..10 . .. \ + .... "'''~'~ ' .,.1 ... ....... 0",', ",. /J,,'.s if I I; (', '\ " I, / I, t ..,., ' DATED this ;5ft, day of J~I- ,~ OLYMPIC REGION CLEAN AIR AGENCY(ORCAA) G \Legal_ Backup\AGREEMENTS&CONTRACTS\ORCAA&CITYOFP A-Interlocal-Agrmt wpd September 2, 2004 (11 OOam) InterIocal Agreement between P A and ORCAA Page 3