HomeMy WebLinkAbout5.518 Original Contract
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Interlocal Agreement
Fiber Optics Network Feasibility & Implementation
This Agreement is entered into by and between the City of Port Angeles (City) and Clallam
County Public Utility District #1 (PUD) (herein jointly referred to as the "the Parties") to facilitate
development of a fiber optics network(s) (herein referred to as the "Project"). This Agreement
shall cover the scope, location, preliminary engineering and cost estimate portions .9.f project
d~velopment. The parties make and enter into this Agreement effective the ~ day of
~F 1Y\.~1999, for the purposes and under the terms contained herein.
Recitals
Whereas, the Parties recognize the need to provide a fiber optics network to improve the
communications capability of the Parties, thereby providing for improved access to data and
potential economic development; and
Whereas, the Parties agree that joint implementation of a fiber optics network will benefit
customers and improve the efficiency and reduce the cost of proceeding separately; and
Whereas, the Parties are willing and qualified to jointly manage the development of this Project;
and
Whereas, the Parties are authorized and empowered to enter into this Agreement pursuant to
Chapter 39.34 RCW.
Agreements
Now, therefore, in consideration of the mutual promises and covenants contained herein, the
parties hereby agree as follows:
1. USE OF CONSULTANT: The Parties agree to hire a consultant to determine the feasibility
of the Parties constructing a fiber optics network(s) and how such a network(s) should be
implemented. A copy of the proposed consultant contract is attached as Exhibit A.
2. PROJECT MANAGEMENT: The Parties agree to jointly manage the various phases of the
Project to accommodate the standard procedures of each party.
3. COST-SHARING CONTRIBUTIONS: The parties agree to share costs equally on tasks
identified as joint tasks. Tasks that are identified as "City only" or "District only" shall be paid
in full by the City or District respectively. Both the City and the District must approve
changes to the scope of work on joint tasks.
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Interlocal Agreement
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4. REVIEW COMMITTEE: The Parties shall appoint a committee to review the progress of the
Project and advise and make recommendations on design, functions and scope of the
Project. The committee shall be made up of two representatives from the City and two
representatives from the PUD. The committee shall elect a chairperson.
5. INDEMNIFICATION:
A. The City agrees to defend, indemnify and hold harmless PUD and its appointed and
elected officers and employees from and against any and all liability, loss, cost,
damage, and expenses, including costs and attorney's fees in defense thereof, because
of actions, claims or lawsuits for damages sustained or alleged to have been sustained
by bodily injury or death to any person or persons, and on account of damage to
property, including loss of use thereof, arising or alleged to have arisen directly or
indirectly out of or in consequence of the City or its employees' performance of this
Agreemel)t or the negligence or willful acts of the City or its employees.
B. The PUD agrees to defend, indemnify and hold harmless the City and its appointed and
elected officers and employees from and against any and all liability, loss, cost,
damage, and expenses, including costs and attorney fees in defense thereof, because
of actions, claims or lawsuits for damages sustained or alleged to have been sustained
by bodily injury or death to any person or persons, and on account of damage to
property, including loss of use thereof, arising or alleged to have arisen directly or
indirectly out of or in consequence of the PUD or its employees' performance of this
Agreement or the negligence or willful acts of the PUD or its employees.
6. DURATION OF AGREEMENT: This Agreement, unless otherwise amended, shall remain in
effect until the completion of the Project, which shall be final acceptance of the consultant's
study.
7. AMENDMENTS OR MODIFICATIONS: No amendment to this Agreement shall be effective
unless approved and executed by the Parties in writing.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate by the
subjoined signatures of their duly authorized officials.
CLALLAM COUNTY PUD #1
CITY OF PORT ANGELES
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By: ~A..
General anager
By:
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Date: 0 ~ - 08- t:::.r9
Date: 9-7-~9
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