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HomeMy WebLinkAbout2014-08-26 - Eastmont Metropolitan Park District - Interlocal Agreements GeneralThad L. Duvall, Auditor, Douglas County, WA. AFN # 3180339 Recorded 12:18 PM 09/02/2014 INLOAGR Page: 1 of 11 $82.00 CITY OF EAST WENATCHEE Return Document to: City of East Wenatchee Office of City Clerk Dana Barnard 271 9th St. N.E. East Wenatchee, WA 98802 As required by RCW 36.18 and RCW 65.04, the information in this boxed section is for recording purposes. The information in the boxed section does not affect the language of in the document itself. Document Title: Interlocal Agreement to allow the City to use the District's property for City -sponsored events and to allow the District to use the City's property for District -sponsored events. Reference Number of Documents Released: N/A Reference Numbers of Related Documents: N/A Grantor: City of East Wenatchee Grantee: Eastmont Metropolitan Parks District Legal Description (Abbreviated): N/A Parcel Number(s): N/A Interlocal Agreement ("Agreement") Between the City of East Wenatchee and the Eastmont Metropolitan Parks District ("District") To allow the City to use the District's property for City -sponsored events and to allow the District to use the City's property for District -sponsored events. Interlocal Agreement Page 1 of 11 1. Parties. The parties to this Agreement are the City of East Wenatchee ("City") and the Eastmont Metropolitan Park District ("District"). 2. Background. 2.1. By action taken at a regular meeting of the City Council of the City of East Wenatchee, it authorized the City's Mayor to execute this Agreement. 2.2. By action taken at a regular meeting of the District's Board of Commissioners, it authorized the Chair of the Board execute this Agreement; 3. Authority. RCW 39.34.080 authorizes agreements between jurisdictions to cooperate with one another to perform governmental services which each jurisdiction is lawfully authorized to perform. 4. Purpose. 4.1. This Agreement provides a public benefit, furthers a public purpose, and serves the public interest. 4.2. This Agreement sets forth the terms and conditions under which the City may use the District's property for City -sponsored events. 4.3. This Agreement sets forth the terms and conditions under which the District may use the City's property for District sponsored events. 5. Term, Termination, and Renewal. 5.1. Effective date. Effective June 7, 2006, the Washington State Legislature amended RCW 39.34.040 to permit a public agency to list interlocal agreements on its website in lieu of having the agreement filed with the county auditor's office. Accordingly, the parties direct the City of East Wenatchee City Clerk to list this Agreement on the City's website once both parties have signed it. This Agreement becomes effective when the City Clerk lists the Agreement. Interlocal Agreement Page 2 of 11 5.2. Term of Agreement. The term of this Agreement is perpetual, unless one party gives sixty days written notice to the other party that it intends to terminate the Agreement. 6. The Obligations of each Party. 6.1. Scope of Services. The District will perform the services set forth in Exhibit A. The City will perform the services set forth in Exhibit B. 7. Compensation 7.1. The District will not charge the City fees based on the District Fees and Charges Policy. 7.2. In lieu of normal District Fees and Charges Policy, The following charges apply: 7.2.1. Upon receipt of an invoice each year, the City will pay the District a $1,000 fee for the Classy Chassis event. 7.2.2. Upon receipt of an invoice each year, the City will pay the District a $1,000 fee for the Wings and Wheels event. 7.2.3. Effective January 1 of each year, the fees enumerated in Section 7.2.1 and Section 7.2.2 will increase by 100% of the U.S. Consumer price Index for Urban Wage Earners and Clerical Worker (CPI- W) September to September statistics for the West Urban Region for the preceding twelve months, but no more than 2.50%. 1.1. There will be no fee charged for the Easter Egg Hunt. 2. Repairs. 2.1. The City will reimburse the District for any damages to the District's property caused by the City during City -sponsored events. Interlocal Agreement Page 3 of 11 2.2. The District will reimburse the City for any damages to the City's property caused by the District during District -sponsored events. 3. Insurance. 3.1. The City will maintain public liability insurance in an amount not less than $1 million for bodily injury and in an amount not less than $100,000 for property damage. 3.2. The District will maintain public liability insurance in an amount not less than $1 million for bodily injury and in an amount not less than $100,000 for property damage. 4. Conflict of Interest. The District and the City agree that neither will engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement. 5. Compliance with Law and Regulations. In providing all services pursuant to this Agreement, the parties must abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations constitutes a material breach of this Agreement, and entitles the non -violating party to terminate this Agreement immediately upon delivery of written notice of termination to the violating party. 6. Notice. Any notice delivered with respect to this Agreement must be in writing and be deemed to be delivered (whether or not actually received) when (i) hand delivered to the person(s) hereinafter designated, or (ii) upon deposit of such notice in the United States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the person at the address set forth opposite the party's name below, or such other address or to such other person as the party must have specified by written notice to the other party delivered in accordance herewith: Interlocal Agreement Page 4 of 1 I CITY OF EAST EASTMONT WENATCHEE METROPOLITAN PARK DISTRICT Mayor Steven C. Lacy 271 9th Street N.E. Director Sally Brawley East Wenatchee, WA 255 N. Georgia Avenue 98802 East Wenatchee, WA 98802 7. Hold Harmless and Indemnity Agreement. To the extent allowed by law each party (the indemnitor) agrees to defend, indemnify and save harmless each other (the idemnitee), its board or council members, officers, agents and employees, from and against all loss or expense including, but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims for damages, penalties or other relief based upon the indemnitor's alleged negligence, or wrongful conduct, except for the injuries, penalties and damages caused by the sole negligence or wrongful conduct of the indemnitor. Such claims for damages or other relief include, but are not limited to those for personal or bodily injury including death from such injury, property damage, torts, defamation, penalties imposed by any agency of the state or federal government for failure to comply with applicable law in the performance of this Agreement. If the claim, suit or action involves concurrent negligence of the parties, the indemnity provisions provided herein are applicable only to the extent of the percentage of each party's negligence. It is further and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section survive the expiration or termination of this Agreement. 8. General Provisions. 8.1. Attorney Fees. If either party brings a lawsuit to enforce the Agreement, or arising from breach of this Agreement, the prevailing party is entitled to its costs Interlocal Agreement Page 5ofII and attorneys' fees for bringing or defending the action. The venue for any dispute related to this Agreement is Chelan County, Washington. 8.2. Construction of Agreement. The parties agree that each party materially contributed to the preparation of this Agreement. Accordingly, this Agreement must not be construed more strictly against one party as the draftor. 8.3. Entire agreement. This Agreement constitutes the entire agreement concerning the subject matter, and supersedes any prior or contemporaneous communications. 8.4. Governing Law. The laws of the state of Washington govern the interpretation and enforcement of this Agreement. 8.5. Modification. Neither party may alter or modify this Agreement without the express, written agreement of both parties. 8.6. No Third Party Beneficiary. This Interlocal Agreement is entered into for the benefit of the public, not for the benefit of any private person, company, corporation, firm, or other entity who is not a party to this Interlocal Agreement. 8.7. Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but are cumulative with all other remedies available to the City at law or in equity. 8.8. Severability. If court holds any provision of this Agreement to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect and the parties will amended this Agreement to give effect to the stricken clause to the maximum extent possible. 9. Waiver. A waiver of any breach of this Agreement is not a waiver of any other breach. No waiver is effective unless made in writing and signed by an authorized representative of the waiving party. Interlocal Agreement Page 6 of 11 DATE: anly CITY OF EAST WENATCHEE BY prDTeMrDe-,,-,, -Ilim be.4&rirl5 AUTHENTICATED: Interlocal Agreement Page 7 of 11 DATE: EASTMONT METROPOLITAN PARKS DISTRICT BY: CHAIR IFF McLEAN ATTEST: M The parties indentify the following documents as Exhibits to this Agreement and incorporate them into the Agreement by this reference. Interlocal Agreement Page 8 of 11 Exhibit A: For the events listed below, the District will: Easter Egg Hunt • Provide set-up and take down for posts and fencing. • Supply necessary amount of garbage cans. • Turn off all irrigation at the site. • Ensure power, extension cords and picnic tables are available at the site. Classy Chassis. • Provide additional ADA signage along the parking strip and store ramps and signs on District property. • Supply bleachers, picnic tables, power, spider boxes, and electrical cords. • If requested, supply hoses and water at the ball fields and additional traffic cones. • Provide extra restroom supplies at the 4-plex as well as garbage cans and liners during the event. • Reserve Eastmont Community picnic shelters for use by the City. Wings and Wheels. • Provide additional ADA signage along the parking strip and store ramps and signs on District property. • Supply bleachers, picnic tables, power, spider boxes, and electrical cords. • If requested, supply hoses and water at the ball fields and additional traffic cones. • Reserve Eastmont Community picnic shelters for use by the City. • Provide access to park property for a carnival and for overnight camping for carnival employees. Interlocal Agreement Page 9 of 11 • Provide domestic water and power to carnival employees for overnight camping while working the carnival. Interlocal Agreement Page 10 of 11 Exhibit B: Except when it is in use for a city -sponsored event (Typically, the City uses its stage for the following events: Classy Chassis, the Parkway Pile -Up, and Wings and Wheels), the District may use the City's stage for District - sponsored events. The District agrees to give the City reasonable notice of when it will use the stage. The District agrees to return the stage to the City by the end of the next business day after a District -sponsored event ends. Interlocal Agreement Page 11 of 11