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Home My WebLink About2019-11-19 - Eastmont Metropolitan Park District, Futsal - Interlocal Agreements GeneralThad L. Duvall, Auditor, Douglas county, WA. AFN # 3225713 Recorded 11/25/2019 at 10:52:41AM, INLOAGR Pages: 5 $107.50 CITY OF EAST WENATCHEE AFTER RECORDING RETURN TO: SALLY BRAWLEY, DIRECTOR EASTMONT PARKS AND RECREATION 255 NORTH GEORGIA AVENUE EAST WENATCHEE, WA 98802 INTERLOCAL AGREEMENT BETWEEN THE CITY OF EAST WENATCHEE, WASHINGTON AND THE EASTMONT METROPOLITAN PARK DISTRICT FOR FUTSAL FIELD PROJECT This Interlocal Agreement is made this 19ffi day of November 2019 by and between the City of East Wenatchee, Washington (hereinafter "City") and the Eastmont Metropolitan Park District (hereinafter "EMPD"). WHEREAS, City is an optional municipal code city organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at Title 35A RCW; and WHEREAS, EMPD is a municipal corporation duly organized and existing under the laws of the State of Washington, and more particularly Chapter 35.62 RCW, having boundaries within the City of East Wenatchee and other jurisdictions in Douglas County, Washington and it was formed by the affirmative vote of the electorate in 2004 in order to own, operate and maintain park and recreational facilities; and WHEREAS, the parties enter into this Interlocal Agreement (this "Agreement") under the authority of Chapter 39.34 RCW for City to grant funds to EMPD for use in reimbursement of the costs of development and construction of a Futsal Field at the Eastmont Community Park (the "Futsal Field"); WHEREAS, Council of City authorized the execution of this Agreement by action taken at a regular meeting on June 18, 2019, and WHEREAS, EMPD's Board of Commissioners authorized the execution of this Agreement by its Chair by action taken at a regular meeting on October 21, 2019; NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set out in this Agreement, it is agreed between the parties as follows: /tg/11-074/ILA.E Wenatchee.041212 ARTICLE I PURPOSE The purpose of this Agreement is to set forth the terms and conditions under which City will grant and EMPD will receive funds for the design and construction of the Futsal Field. ARTICLE II SCOPE OF SERVICE; RESPONSIBILITIES 2.1 City hereby grants and agrees to deliver and pay to EMPD the sum of twenty thousand and no/100 dollars ($20,000), said funds to come from the 2020 City budget from the City's General Fund for the construction of the Futsal Field. City agrees to take such actions to provide funds in its 2020 budget for the grant. Payment shall be made to EMPD within fifteen (15) days after EMPD issues a final acceptance to the contractor selected by the EMPD. 2.2 EMPD shall be responsible for design of the Futsal Field, preparation of contract specifications, public bidding (to the extent required by law), contractor selection, award, issuance of a notice to proceed, and construction of the Futsal Field. Funds received from the City under this Agreement shall be used for the Futsal Field Project only. ARTICLE III EFFECTIVE DATE; TERM AND TERMINATON 3.1 This Agreement shall be effective upon execution by both parties and filing or listing on the public agencies' websites pursuant to RCW 39.34.040. This Agreement shall be of indefinite duration until payment of the grant occurs or this Agreement is terminated in accordance with paragraph 3.2 hereof. 3.2 This Agreement may be terminated by the joint agreement of the parties at any time. ARTICLE IV NO PROPERTY ACQUISTION; NO JOINT BOARD No property shall be acquired by either EMPD or City with respect to this undertaking. No joint board or separate legal entity shall be created as a result of this Agreement. Nothing in this Agreement shall make City an agent, employee or servant of EMPD and nothing in this Agreement shall make EMPD an agent, employee or servant of City. Nothing in this Agreement shall be construed to render the parties partners or joint venturers in any fashion or manner. 2 /tg/11-074/11LA.E Wenatchee.041212 ARTICLE V HOLD HARMLESS AND INDEMNIFICATION INSURANCE EMPD shall defend, indemnify and hold City harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising from any negligent act or omission by EMPD's officers, employees, volunteers and agents in connection with the performance of this Agreement and undertaking the Futsal Field Project. Each party shall report this Agreement to their insurer. Each parry shall maintain insurance as customary by a public entity for claims for injuries, death or damages. ARTICLE VI MISCELLANEOUS 7.1 Neither party shall subcontract or assign any of their rights, duties or obligations imposed by this Agreement without the prior written consent of the other party. 7.2 In the event of any dispute concerning the terms of this Agreement, this Agreement shall be governed by the laws of the State of Washington. If after good faith negotiations between the Executive Director of EMPD and the Mayor of City any dispute between the parties cannot be resolved, the parties agree to the jurisdiction and venue of the Superior Court of Washington for Douglas County. 7.3 Should any clause, phrase, sentence or paragraph of this Agreement be declared invalid or void, the remaining provisions of this Agreement shall remain in full force and effect. 7.4 This Agreement constitutes the entire understanding of the parties concerning the subject matter of this Agreement. 7.5 Should notice be required under this Agreement, the parties designate the following: To City City of East Wenatchee, Washington Attn: Steve Lacy, Mayor 271 9th Street NE East Wenatchee, WA 98802 /tg/11-074/ILA.E Wenatchee.041212 To EMPD: Eastmont Parks and Recreation District Attention: Sally Brawley, Director 255 North Georgia Avenue East Wenatchee, WA 98802 The parties hereto set their signature this 1 ( day of NOUrn�Qil�, 2019 Eastmont Parks and Recreation District City of East Wenatchee, W By — By: Chairman, Board of C unissioners Approved as to Form: By: Cam, Attorney, stmont Par s and Recreation District 4 Ag/I 1-074/ILA.E wenatchee.041212 Approved as to Form: By: City ttorney STATE OF WASHINGTON ) ) ss. COUNTY OF DOUGLAS ) I certify that I know or have satisfactory evidence that Cam► i/o �' W' FbA � el- is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the 1304 6t C,in(,c l rFKKS0VL- of Eastmont Parks and Recreation District to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 2A4 day of 0006P�Y— , 2019. ��tlluun►►►�� GY S• Tj4 .co NOTAgy 04.2p�1 pF WASN�N ��►►rrrruittN�� STATE OF WASHINGTON ) ) ss. COUNTY OF DOUGLAS ) (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at E-a,S� V��iVtGL 1P My commission expires 0 4 20 2-, I certify that I know or have satisfactory evidence that Seven G LAC- 4 is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the NlqulO+r of the City of East Wenatchee, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this t0P day of N 0V4MbC*- , 2019. a1A E yo t#,4 #Orq ,CA � Z -4 y 4 c s •L% O�wASN►Nd�4`s (Legibly print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at W 117" My commission expires lD 1-1 12Z 2-2-- 5 /tg/11-074/ILA.E Wenatchee.041212