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HomeMy WebLinkAbout5.354 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.: Purpose: CAA 1'(C A Dated: 6 1081A< 2005 1164638 C i ot a ty Interlocal Agreement ilLED FO iiC.c0 ;i, i. I f ii,. LCURDEL; 1'1 2005 SEP 9 9: 28 Agreement between the City of Port Angeles and aeat C-M Ca“-ir AGREEMENT THIS AGREEMENT is made this J day of 40 1994, by and between the City of Port Angeles, hereinafter referred to as the "City and Clallam County, hereinafter referred to as the "County REPRESENTATIONS 1. The City is in the process of developing a multi -modal transportation center and engaging in downtown revitalization activities, hereinafter also referred to as the "project using federal grant funds to the maximum extent possible. The purpose of the project is to promote economic development and diversification and thereby mitigate the effects of the timber harvest reduction and salmon fishing closure. 2. One of the grants available for the project is through the USDA Forest Service Rural Community Assistance Program. However, in order to receive this grant, an application must be submitted through Clallam County on behalf of the City in order to comply with Forest Service regulations. 3. The County is willing to submit the grant application and receive the grant funds on behalf of the City, provided that the City agrees to accept full responsibility and liability for compliance with grant requirements as well as administration and use of grant funds in compliance with all other applicable laws. AGREEMENTS NOW, THEREFORE, in consideration of the above representations and the agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and agree as follows: 1. The County will execute and submit the grant application on behalf of the City for a USDA Forest Service Rural Community Assistance Program grant, hereinafter referred to as the "grant to assist in planning the Port Angeles multi -modal transportation center and downtown revitalization activities. In addition, the County will receive and pass through to the City such funds as may be awarded pursuant to the grant. 2. The City shall comply with all grant requirements and shall administer and use the grant funds in compliance with all other applicable laws. In the event of noncompliance or any allegation of noncompliance, the City shall use its best efforts to correct any instances of noncompliance. In the event that the City's corrective actions are not satisfactory to the federal government or the County, then the City shall take whatever further actions are necessary to obtain compliance. 3. The City agrees to indemnify, defend, and hold harmless the County and any of its officers, agents or employees with regard to any liability, expenses or damages resulting from claims of noncompliance with grant requirements or other applicable laws in any way related to the administration and use of grant funds obtained pursuant to this Agreement. 4. In the event that the federal authorities require the County to bring any enforcement action of any nature whatsoever against the City, the City shall reimburse the County for all its costs and expenses, including attorney fees, regardless of whether such enforcement action is brought by the County's officers and employees or brought by agents retained by the County for that purpose. 5. In the event that the County is compelled to enforce the terms of this Agreement because the City has failed, neglected or refused to voluntarily comply with its terms, then the City shall 1 reimburse the County for all its costs and expenses, including attorney fees, regardless of whether such enforcement action is brought by the County's officers and employees or brought by agents retained by the County for that purpose. 6. Any duly authorized representatives of the County shall have the right to inspect the records of the City for the grant upon reasonable prior notice to the City. The City shall keep the grant records in accord with accepted and required accounting principles and grant requirements, which records shall account for the services provided and the revenue received. 7. All assets, real or personal, used or obtained by the City in conjunction with the grant- funded project shall remain the property of the City. The City shall be responsible for maintenance and /or replacement of said property. 8. The City will comply with all applicable City, state or federal requirements with regard to nondiscriminatory treatment of all persons, without respect to race, creed or national origin, and, in particular: A. The City shall maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of minorities protected by federal equal opportunity /affirmative action requirements; and B. The City shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of nondiscriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condi- tion, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove written. CITY OF PORT ANGELES By 0./ u By C\ oa�n SargentCj Mayor C airperson ATTEST: 45¢41 Becky J. pt�lh, J City C1e I By APPROVED AS TO FORM: ATTEST: tt t:'66“ t1,, Craig DAKnufson, City Attorney Cr) o o t r MMf�P.%+9� 4 2 BOARD OF CLALLAM COUNTY COMMISSIONERS By 1 .n Karen` Flores, 4 Clerk of the Boards '-7 4 i' 47 3 i r., 'J APPROVED AS TO FARM:``.. '200 Q44WLI Christopher Melly, (Thief Deputy Prosecuting Attorney OF PORT 4 d c Y l O bill ti 9 C FDEPP P September 8, 1994 Ms. Karen Flores Clerk of the Board Clallam County Commissioners Office 223 E. Fourth Street Port Angeles, WA 98362 Re: Agreement between City of Port Angeles and Clallam County Pertinent to Grant of USDA Forest Service Rural Community Assistance Program Dear Karen: At its meeting of September 6, 1994, the City Council approved the above referenced agreement and authorized the Mayor to sign the agreement. Attached for your file is a fully executed copy of the agreement. We extend our appreciation for the County's assistance in this regard. Sincerely yours, Becky J. Up City Clerk Attachment 4. 35( CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411