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Home My WebLink About5.332 Original ContractFiled at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, WA 98362 City Clerk File No.: 5 2 2005 1164641 county Interlocal Agreement Agreement between the City of Port Angeles and g.AZI U Purpose:_ G,)�'l�.` t 4dLv Dated: 1 /5/4V 4 FILED FOR RECORD ::T 1;i;, OF RECORDED I. 4c- 1 1 Fi co 2005 SEP -9 lin 9: 40 ar 1. PURPOSE. 2. PERMISSION TO WORK. WASHINGTON DEPARTMENT OF FISHERIES AND CITY OF PORT ANGELES A G R E E M E N T THIS AGREEMENT is made and entered into this day of 194k/ by and between the Washington Department of F series located at 1111 Washington S.E., Olympia, Washington, 98504 -3147, herein after called "Fisheries" and the City of Port Angeles, Port Angeles, Washington, 98362, herein after called "City In consideration of the terms, conditions, covenants and performance set forth herein, the parties agree as follows: Fisheries operates its Elwha Hatchery in the vicinity of City property. Fisheries has experienced some disease problems at the hatchery during periods of warmer water in the fall. To help alleviate some of these problems and also to allow incubation of salmon eggs on -site, Fisheries desires a groundwater supply which would be capable of delivering 2000 gpm of cooler, pathogen -free water. In order to develop the groundwater supply, it may be necessary for Fisheries to construct a well field on the City's Property. Fisheries desires to test the ability of the aquifer to meet the hatchery needs. All testing will be conducted in accordance with state regulations for well drilling and in a manner that will not negatively affect the quality or potential water yield of the City's Ranney Well. Fisheries will provide detailed written procedures for approval prior to any work being accomplished and will conduct all work in strict compliance with the City's approval. The City retains the right to order work to cease at anytime they believe the City's water supply may be negatively impacted. All data, analysis, opinions and information of any kind developed by Fisheries in conducting this test shall be provided to the City. The City grants Fisheries permission to conduct upon the City property drilling, testing, and sampling for the groundwater supply subject to the specific advance approvals and ongoing monitoring of the City. Fisheries shall reimburse the City for all costs incurred by the City to review, approve, evaluate and monitor the work 5.&3 r involved, such costs not to exceed $1000.00. Reimbursement shall follow receipt of detailed statements of such costs. 3. CESSATION OF WORK. A representative of the City may be present at all times during test drilling, sampling or testing. Fisheries agrees to stop its test drilling immediately if so ordered by City's representative. 4. LOCATION OF WELLS. Fisheries' testing and sampling will occur at the locations identified on Exhibit A. In the event Fisheries requires additional locations, Fisheries will notify City in writing and in advance of the drilling. 5. CAPPING OF WELLS. Fisheries shall abandon all test wells in accordance with WAC 173 -160. 6. INDEMNITY. The City shall indemnify, defend, and save harmless Fisheries, from all claims for injuries or death, including claims, by City's employees, or from damages arising out of or incident to the City's action or failure to act. Nothing herein shall require City to indemnify and hold harmless Fisheries and its agents, employees, and /or officers from any liability, loss, claim, demand, or suit arising from the sole negligence of Fisheries or its agents, employees and /or officers. Fisheries shall indemnify, defend, and save harmless the City, from all claims for injuries or death, including claims by Fisheries' employees, or from damages arising out of or incident to Fisheries' action or failure to act. Nothing herein shall require Fisheries to indemnify and hold harmless City and its agents, employees, and /or officers from any liability, loss, claim, demand, or suit arising from the sole negligence of City or its agents, employees and /or officers. If the claims or liabilities as provided in the preceding paragraphs of this Section are caused by or result from the concurrent negligence of City and Fisheries, or the agents, or employees of either, then the indemnity provision provided in the preceding paragraph shall be valid and enforceable only to the extent of the respective negligence of City or Fisheries, its agents, or employees. Page 2 7. AMENDMENTS TO BE IN WRITING. By: 8. CAPTIONS. This document, together with any exhibits hereto, constitutes the entire Agreement between the parties. The Agreement may be modified or amended only in writing and executed by both parties. Upon completion of testing and evaluation of the availability of adequate water to meet the future demands of the City and Fisheries, a new agreement shall be written to govern the operation of joint facilities at this site. The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deemed to limit or expand the meaning of any paragraph. 9. DISPUTES. Any lawsuit resulting from breach of this agreement shall be brought in Clallam County. The parties acknowledge that they have read and understand this Agreement, including any exhibits, and do agree thereto in every particular. The parties further agree that this Agreement and the exhibit, constitute the entire agreement between the parties and supersedes all communications (written or oral) heretofore related to the subject matter of this Agreement. City of Port Angeles By :v..� Title Date Approved as to Form: Title if-1(49'_., Washington Department of Fisheries By: 41 Di Title Title 1I 7IgLI Date 1 1 Page 3 1/ 3/M �j Date Approved as to Form: By: I f I L. f, <4) G A STo rl 1f 0 0 C 0 DEPARTMENT OF FISHERIES Post Office Box 43135 Olympia, Washington 98504 -3135 (206) 902 -2200 SCAN 902 -2200 TDD 902 -2207 January 13, 1994 Ms. Becky J. Upton City Clerk City of Port Angeles 321 East Fifth Street Port Angeles WA 98362 Dear Ms. Upton: Enclosed for your records is one fully executed agreement relating to groundwater testing for the Elwha Hatchery. If you have any questions, please call me at (206) 902 -2392. Sincerely, J L,�'a ---1------N operty Manager JRL:klg Enclosure STATE OF WASHINGTON 5, 33.,2— 0 co poRT t 4 CITY OF PORT ANGELES CF DEW' January 6, 1994 Marylin Mockensturm Assistant Attorney General 905 Plum Street Bldg 3 PO Box 40100 Olympia WA 98504 -0100 Re: Agreement between City of Port Angeles and Washington Department of Fisheries Dear Ms. Mockensturm: At its meeting of January 4, 1994, the Port Angeles City Council approved the agreement between the City and the Washington Department of Fisheries regarding the testing of groundwater used by the Elwha Hatchery. Attached are two copies of the agreement, both of which have been signed by the Mayor of Port Angeles. Once the agreement has been fully executed by the State, please return one copy to my attention at your earliest convenience. Thank you for your assistance. Sincerely yours, v5fLe Becky J. U City Clerk Enclosures Copy: Public Works 321 EAST FIFTH ST, PO BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 Re: MM:cs Enclosure Christine O. Gregoire ATTORNEY GENERAL OF WASHINGTON 905 Plum Street Bldg 3 PO Box 40100 Olympia WA 98504 -0100 Kenneth Rideout Deputy Director Public Works City of Port Angeles 321 East 5th P.O. Box 1150 Port Angeles, WA Dear Mr. Rideout: 98362 Washington Department Agreement December 29, 1993 a s° L .w, s x DEC 3 0 1993 CITY OF PORT ANGELES PUELIC WORKS of Fisheries and City of Port Angeles Enclosed is the original Washington Department of Fisheries and City of Port Angeles Agreement to conduct testing of the groundwater used by the Elwha Hatchery. If it meets with your approval, please obtain the necessary signatures and return to me. Thank you for your cooperation in this matter. Sincerely, Matt& AMC,Imts`kottAA MARYLIN MOCKENSTURM Assistant Attorney General 206/753 -6287