HomeMy WebLinkAboutAG 91-126 - FEDERAL WAY SCHOOL DISTRICT!
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RE�LJEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIONATUR� "FIOU�IT���LIP
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❑ PROFESSIDNAL SERVICES AGREHMENT ❑ SCCURITY DpCUMENT
❑ MAINTENANCE/LABOR AOREEMENT (E.o.. AOR[6M[NT 6 PCI�NMAIN ��NR AY�IONM[NT OI /LND� IN NCY O� �ONDI
❑ PUBLIC WORKB CONTRACT �CONTRACTOR SELECTION DOCUMCNT
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❑ PARTNERSMIP ❑ CORPORATION 8TATE0 TAX ID#/8��i
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7. SCOPE OF WORK: ATTACH EXHIBIT A� A COMPLETE AND PETAILED DEBCRIPTION OF THE 9ERVICEB OR aCOP6 OF
WORK� INCLUDIN[3 COMPLETION DATLS FOR EACH P�HASE OF WORK AND LOCATION OF WORK. �
8. TERM: COMMENCEMENT DATE:
COMPLETION DATEC
9. TOTAL COMPENSATION: $ � I�
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❑ REQIJEST FOR BID� ❑ REq1JEST FOR I�IUOTE9 ❑ ARCNITCCT de ENOINtill LIST
❑ REQUEHT FOR PROP09AL9 ❑.REqUEBT FOR QUAIIFICATIONB � ❑ SMALL WORKa R�OTCR
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FIRST AMENDMENT
TO
INTERLOCAL COOPERATIVE AGRSEMLNT
BTsTWEEN FEDERAL WAY SCHOOL DISTRICT NO. 210
AND CITY OF FEDERAL WAY PARRS, RECREATION AND HIIMAN BERVICFB
This First Amendment ("Amendment") is dated effective this
11th day of September, 1995, and is entered into by and between the
City of Federal Way, a Washington municipal corporation ("City"),
and Federal Way School District No. 210, a Washington municipal
corporation ("District").
A. The City and the District entered into an Interlocal
Cooperative Agreement dated effective December 17, 1991, whereby
the City and the School agreed to the shared use of City and
District facilities ("Agreement"). _
B. Section "J." of the Agreement provided that the Agreement
may be amended upon approval of the City's and District�s
respective governing bodies.
C. The City and the District desire to amend the Agreement to
clarify which facilities may be used without the payment of rental
charges.
NOW, THEREFORE, the parties agree to the following terms and
conditions:
1. Payment for the Use of the Property. Section IV. K of the
Agreement shall be amended to read as follows:
K. Payment for the Use of the Property.
There will be no rental charges for facility (building
and field) usage by either party, with the exception of
Memorial Field and the Visitation Retreat Center. Facility
use charges will apply to any usage of Memorial Field and the
Visitation Retreat Center. Equipment rental charges for both
parties will be at fifty percent (50�) of the rental rate
normally charged by the party owning equipment. Costs related
to wages that must be paid as a result of work outside the
normal work day will be paid by the user.
2. ,Compliance with the Americans with Disabilities Act.
Section IV. B of the Agreement shall be amended to add the
following provisions:
6. With respect to facilities constructed owned by the
District, the District shall be responsible for compliance
with the Americans with Disabilities Act of 1990, as now in
effect or hereafter amended, and all rules and regulations
oR����A�
issued thereunder (hereinafter collectively referred to as the
"ADA") and compliance with the ADA Accessibility Guidelines
when performing any alterations, renovations or remodels, or
when otherwise required by local or federal authorities.
7. With respect to facilities constructed and owned by
the City, the City shall be responsible for compliance with
the Americans with Disabilities Act of 1990, as now in effect
or hereafter amended, and all rules and regulations issued
thereunder (hereinafter collectively referred to as the "ADA")
and compliance with the ADA Accessibility Guidelines when
performing any alterations, renovations or remodels, or when
otherwise required by local or federal authorities.
3. Ha2ardous Waste. Section _TV. of th�► Agreement sha�.l. be
amended to add the following provisions:
P. Hazardous Waste
1. The District will not cause nor permit any
activities on the City�s property which directly or indirectly
could result in the City's property becoming contaminated with
hazardous or toxic waste or substances. For purposes of this
Agreement, the term "hazardous or toxic waste or substances"
means any substance or material defined or designated as
hazardous or toxic wastes, hazardous or toxic material, a
hazardous, toxic or radioactive substance or other similar
term by any applicable federal, state or local statute,
regulation or ordinance now or hereafter in effect.
2. The District acknowledges that it will be
responsible for all costs and expenses relating to the clean-
up of hazardous or toxic waste or substances from the City's
property and from any other properties which become
contaminated with hazardous or toxic waste or substances as a
result of any contamination of or activities by the District
on the City's property.
3. The City will not cause nor permit any activities on
the District's property which directly or indirectly could
result in the District's property becoming contaminated with
hazardous or toxic waste or substances. For purposes of this
Agreement, the term "hazardous or toxic waste or substances"
means any substance or material defined or designated as
hazardous or toxic wastes, hazardous or toxic material, a
hazardous, toxic or radioactive substance or other similar
term by any applicable federal, state or local statute,
regulation or ordinance now or hereafter in effect.
4. The City acknowledges that it will be responsible
for all costs and expenses relating to the clean-up of
hazardous or toxic waste or substances from the District's
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property and from any other properties which become
contaminated with hazardous or toxic waste or substances as a
result of any contamination of or activities by the City on
the District's property.
4. Full Force and Effect. All other terms and conditions of
the Agreement not modified by this Amendment shall remain in full
force and effect.
DATED the effective date set forth above.
CITY OF FEDERAL WAY
.
By: �" �
�Kenne h E. y rg
Its City Manager
33530 ist Way South
Federal Way, Washington 98003
APPROVE TO FORM:
i A orney, Londi K. Lindell
FEDERAL WAY SCHOOL DISTRICT
NO. 210
SUPERINT ENT OF FEDERAL WAY
S3'I-4v�i8th Avenue South
(Address)
Federal Way, Washington 98003
941-0100, ext. 208
(Phone)
APPROVED AS TO FORM:
SCh Ol D� S ict Attorney , Mary J, Urback
K:\interlcl\schoolin.jjm Vandeberg Johnson & Gandara
(95-33T)10-20-95
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�R����IAL
INTERLOCAL COOPERATIVE AGREEMENT
•_ BETWEEN FEDERAL WAY SCHOOL DISTRICT NO. 210
��,� ��.`:: AND CITY OF FEDERAL WAY PARRS� RECREATION AND HIIMAN SERVICES
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�,� v This agreement, made and entered into this %-7� day
Q �¢� December , 1991, by and between the City of Federal Way, a
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�unicipal corporatian of the State o� Washington, he�einafter
called "City" and Federal Way School District No. 210, a municipal
corporation of the, State of Washington, hereinafter called
"District."
WHEREAS, the governing bodies of the City and the District are
mutually interested in an adequate program of community recreation
arid student activities; and
pWfiEREAS, said governinq bodies are authorized to enter into
pagreements wit�i each other, and to do any and all thincss necessarX
N or convenient to aid and cooperate in the cultivation of good
� citizenship by p�oviding for programs of community recreatiofl and
� student activities; and
WHEREAS, in the interest of providing the best services with
�he least possible expenditure o€ public func�s, ful� cooperation
between City and District is necessary; anc�. '
wiiEREAS, a joint use concept can provide for the maintenance
and operation of existing fields and bufldings for their better
utilization by both parties; and
WHEREAS, the purpose of this joint use agreement is to ailow
and encourage the City and District to work together in planning,
developing and building facilities for joint use; and
� WHEREAS, the City and District have the authori��t to enter
into their agreement pursuant to the Interlocal Cooperation Act
Chapter 39.34.030 RCW;
NOW, THEREFORE, in consideration of the premises, said City
and said District do now agree to cooperate with each other in
carrying out the above purposes, and to that end do agree as
follows:
I. AVAILABILITY OF FACILITIES:
A. The District will make available to the City for
community recreational activities school facilities not needed
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for the conduct of school programs and which are suitable for
community recreation activities. All requests for use of
District facilities shall be made in writing by the City
Manager or his or her designated representative and will be
subject to the approval of the Superintendent of Schools or
his or her designated representative.
B. The City will make available to the District for school
events, activities and/or programs, all suitable City
facilities not needed for the conduct of Cit� activities and
programs. Al1 requests for use of City facilities shall be
made in writing by the Superintendent of Schools or his or her
designated representative subject to the approval of the City
Manager or his or her designated representative.
C. The use of selected school and city facilities shall be
in accordance with all applicable rules, policies,
regulations, laws, procedures and permits governing the
approved use of facilities of either party. The laws of the
State of Washington, the terms of this agreement, and an�
other mutual written agreement of the parties are supplemental
thereto.
II. PRIORITIE9 AND SCHEDIILING:
A. The first priority for use of all school facilities shall
be school events and programs, the seccnd shall be recreatior�
activities and programs of tk�e City, and the third shall be
any activities and programs of other agencies or groups as m�y
be app�oved or permitted by the aistrict.
B. The first priority for the use of City facilities shall
be for City activities and programs, the second shall be for
school events activities and/or programs, and the third sha�l
be any activities and programs of other agencies or groups as
may be approved or permitted by the City.
C. The schedule of dates for use of City facilities and
District facilities will be worked out in advance to avoid
conflict between the City and District. Once an
event/activity is booked, every effort shall be made to honor
the commitment. If, however, activities are in conflict, each
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party will notify the other as far in advance as possible. The
canceling entity shall do so in good faith and shall contact
the party or activity canceled in advance and work with them
to reschedule the event. The canceling entity shall have no
liability or responsibility for damages resultinq from the
cancellation, and the non-canceling entity shall hold the
other harmless from any such damages.
D. Reservations shall be booked accordinq to the following
policy•
Q--Each•party shall designate and notify the other party of a
� staff person responsible for reservation coordination.
� --All requests shall be made in writing and be submitted to
� the identified reservation coorc�inator.
�N --Every attempt shall be made to submit requests at �.east two
weeks in advance.
E. Quarterly joint use meetings shall be held in kugust,
November, February and May to discuss the upcoming scheduled
events and the specific terms under which they will be
operating. A date for these meetings will be schedu3.ed by
mutual aqreement between the Superintendent of Schools or his
' or her designated representative and the Cit�r Manager or his
or her designated representative.
III. SIIPERVISZON AND STAFFING:
A. Each party agrees to provide adeguate adult personnel to
supervise its activities wriich take place on the othe�'s
property. The adequacy of the level of supervision is
subject to review b� the other party. Either agenc�t may ask
the other agency to clearly determine and define the role
expected of the supervisor and staff.
B. Security and crowd control are the responsibilities of
the party using the property, which party shall ensure that
good order is maintained at all times. Such party assumes
full responsibility for the conduct of persons involved in the
party's activity or who are on the property with the consent
of, at its invitation, or as a result of that party's
activities. Such responsibility also includes cost of repair
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to or replacement of property damaged or destroyed by the act
or omissions of the user, its agents, or invitee.
IV. SPECIAL CONDITIONB:
A. Eaui�ment and Sunplies
The equipment used in the conduct of the programs shall,
to the extent practicable, be furnished by the agency
providing the services. Each party will furnish anc� supply
all expendable materials (except sanitation supplies)
necessary for operating its programs on the properties used.
District or City equipment that is not easil�r moved (for
example: tumbling mats, volleXball standards, baseball bases,
etc.) may be used by the other agency if available. Any
� damage to such equipment will be immediatelX reported and a
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� mutually agreeable method and amount of pa�me�t for
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� B. �ciprovements and Safetv Features
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N 1. The City may, with prior written approval of the
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District, improve District playgrounds and recreation
facilities incYudir►g the instaliation of recreatia� equipment
not in conflict with school use, which shall be.at no cost or
' exper�se to the District except by written mutual agreement.
2. The District may, with priar written approval of the
City, improve City faci2ities including i�stallations of
� school ec;uipment not in conflict with recreation use, which
shall be at no cost or expense to the Cit� except b� wri�tten
mutual agreement.
3. All improvements and equipment installed and to be
installed for purposes of this agreement, the design, plans
and specifications thereof, and the type and construction
thereof, inc2uding safety features, and the proposed placement
thereof on sites shall all be approved in writing by each
party prior to development, construction, purchase and
installation thereof, which approval shall not be unreasonably
withheld.
4. The cost of maintaining and operatinq such
recreation areas, and the improvements and equipment installed
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thereon, shall be mutually agreed to by the City and the
District and further that the City and the District agree to
maintain such areas in good condition during the periods of
their respective responsibility.
5. Either party making improvements to the property of
the other agency may remove any of its fixtures from the
property upon termination of this agreement if such removal
will not cause damage to the property, which removal shall be
agreed to in advance. All other fixtures or aZteratio�s
become the property of the site upon termination of this
agreement.
C. Services and Utilities
The agency owning the facility shall furnish all
necessary routine services and utilities except as otherwise
specified in writinq. The user will pay the costs of an�r
extra janitorial services reguired as a result af their use of
a facility. .
D. Advertisina �
' 1. Axiy posting of advertis�ng matter of any k�nd on the
property shall be in places desiqnated by the City or District
for such purposes. Advertising matter for anything other than
activities of the parties hereto may not be posted except
pursuant to the property owner�s policy.
2. When joint programs are sponsorec�, each party will
share in the public acknowledgement.
E. Retail Sales and Concessions
Neither party shall conduct retail sales or grant
concessions for the sale of refreshments on the other's
prope�ty unless specifically authorized to do so by separate
written agreement.
F. Long Range Planning
The City and the District will encourage cooperative
efforts in the design and development of future school and
recreational sites. Each party shall offer the other the
opportunity to review and comment on development plans.
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G. Liabilitv
1. Each party agrees to indemnify, save and hold
harmless the other and all its officers, agents and employees
from any claims, costs, expenses or liability (including
reimbursement for all legal costs and reasonable attorney's
fees) for any and all claims for damages or injuries to
persons, property or agents of the user whic� arise from its
negligent or intentional acts or omissions. In the eve�t of
such claims or lawsuits, each party shall assume all costs of
its defense thereof, and shall pay all resulting judgments
that may be obtained against it or its agents or emplo�tees.
• Further, each party has insured against its own liability
herein and will promptly notify the other oi any material
� changes in such coverag.e.
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� 2. Any claims for liability arising out of the fai2ure
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N to maintain facilities or keep them in good structural repair,
� unless such failure is caused by the acts of the user, its
N agents, employees or invitee, shall be the responsibility of
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_ the owner anc� the indemnif ication by the user herein shall aot
� include such claims.
H. �nsurance
It is hereby understood and agreed that whenever either
party to this agreement shall use, operate, accupy o� have the
care, custody or contral of any facility owned by the other
party, the party using the facility shall bear risk of loss or
damage to the facility being used and shall abtain and
maintain public liability insurance in an amount no less than
ONE MILLION AND NO/100 DOLLP.RS ($1,000,000) single limit
liability. Each party hereto agrees to bear the risk of loss
and agrees to indemnify the other to the extent of Yiabiiity
arising out of that party's use, occupancy, or control of the
property.
Each party shall provide the other party with a
certificate of public liability insurance naming the other
party as an additional insured and showing proof of the
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required insurance coverage. Insurance coverage shall be
maintained at all times.
I. Disputes
In the event of any dispute or difference arising by
reason of this agreement or any provision or term thereof or
the use and/or payment of an� facility for the purposes of
this agreement, the dispute or diffe�ence shall be resolved by
the City Manager or his/her designated representative and the
Superintendent of Schools or his/her designated
representative. Such decision shall be arrived at as
expeditiously as possible. Parties stipulate to the
jurisdiction of King County Superior Court in the event any
dispute cannat be satisfactorily resolved.
J. Annual Review
Each January a review board will meet to consider and
recomme�nd changes to this agreement that may be needed.
Membership on the board will consist of the following:
School District - Activities Director, Director of Maintenance
and Operations, one (1) junior high administrator, two (2j
elementary administrators .or their designee(s}; City
Director of Parks, Recreation and Human Ser�ices,
Supesintendent of Maintenance and Operations,-Superi�r►tendent
of Recreation and Iiuman Se�vices and two additional City
represer�tatives as designated b�t the Director; Community - two
(2) people, one (]�) to be chosen by each party ta this
agreement. Any change to this agreement shal.l be p�esented to
the approp�iate governing bodies for approval.
K. Pavment for Use of the Pronertv
There wil� be no rental charges for facility (bui2diag
and field) usage by either party, with the exception o€
Memorial Field. Facilities use charges will apply to any
usage of Memorial Field. Equipment rental charges for both
parties will be at fifty percent (50�) of the rental rate
normally charged by the party owninq equipment. Costs related
to wages that must be paid as a result of work outside the
normal work day will be paid by the user.
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L. Maintenance
The cost of maintaining and operating said recreation
areas and the improvements and equipment installed thereon
shall be borne by the owner of the property. Maintenance
costs shall be borne by the using agenc�t when such maintenance
involves extra costs to the owning agency, unless maintenance
duties/equipment are exchanged in lieu of payments. Game
preparation and lining of tracks anc� fields will be done by
the user unless other arrangements are made.
M. Terms
This agreement shall be effective September �., 1991 and
will continue untiZ terminated by advance written hotice from
� either party, effective no sooner than sixtX (60) days
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� following the date of the notice to terminate.
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N N. A copy of this agreement shall be filed with the
� Secretary of State, the City Clerk of the City of Fec�eral Wa�,
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N the Department of Fiscal Services/Federal Way Schools and the
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King County Auditor.
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O: Tliis agreement does not authorize the joint review board
to acquire, hold and/or dispose of reaZ or personal propertX.
' Terms of use, and payment and liability related to the use of
any real or personal praperty awned or operated bX th,e par.ties
hereto are governed by the terms of this agreement.
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CIT MANAG R, . BRENT MCFALL SUPERINTENDENT OF FEDERAir WAY
SCHOOLS, DR. RICHARD iiARRIS
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APPROVED AS TO FORM:
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CITY ATTORNEY, SANDRA DRIS L
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S�IOOL DISTRZC'Ir ATTORNEY, JAMES M. THRASHER '
PASSED this l7� day of ,�991.
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LA\EF\J�,C\91-0126. PRS
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CITY OF �
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�� ■ ■/ 33530 1 ST WAY SOUTH • FEDERAL WAY, WASHINGTON 98003
September 22, 1992
Don Fountain
Assistant Superintendent
Federai Way School District
Administration Building
31405-18th Avenue South
FedeFal Way, WA 98003
Re: Interlocal between Citx & School District/#91-126
Dear Mr. Fountain:
Enclosed herewith please find a copy of the recorded interlocal be�ween the City and School
District for community recreation and student activities for your records.
1 yours,
i
N. Christine Green
Deputy City Clerk
(206) 661-4071
Enclosure
CITY OF G�
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�� ■ ■/ 33530 1 ST WAY SOUTH . FEDERAL WAY, WASHINGTON 98003
September 22, 1992
Secretary of State
Legislative Building
2nd Floor - MS 0220
Olympia, WA 98504
Re: City of Federal Way InterlocaU#91-126
Genflemen:
Enclosed herewith please find copy of recorded interlocal between the City of Federal Way and
Federal Way School District No. 210 for filing with the State of Washington.
Thank you.
V ly yours,
/
N. Christine Green
Deputy City Clerk
(206) 661-4071
Enclosure
CITY OF �
_-• _ �� �
�� ■ ■/ 33530 1 ST WAY SOUTH • FEDERAL WAY, WASHINGTON 98003
July 17, 1992
Kinq County Records & Elections
Recording Section
553 King County Admin Bldg
Seattle, WA 98104
Gentlemen:
Enclosec� herewith please find originals of the followinq documents
for recording:
1. Interlocal between Federal Way School District and City of
Federal WaX Parks (AG 91-126); and
2. Permit for Limited Use between Cit�r and Puge� Power (AG 92-
96 ) . - -
Also enclosed is the recording fee check for $23.00. Please return
the recorded docua�ents to the CitX C1eFk's Office in �he e�alosed
self-adc�ressed, stamped e�►velope.
Thank �rou for your courtesies and assistance.
' c ly,
r
N. Christine Green
Deputy City Clerk
661-4071
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Enclosures
.��I������� �������i'����
PRODUCER
PENCO
1100 Olive Way, Suite 1250
Seattle, WA 98101
INSURED
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
��� ISSUE DATE (MMIDDIYY) �
10-09-91/hg
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A �-�
LETTER Twin City Fire Insurance Company ��
COMPANY B �.,�.,,�,i
LETTER ��
�oMPANY RECEIVED �
LETTER C+
COMPANY D O C T �"1 FJa 9 _��.
LETTER
FINANCE �•-
ETTER Y E CITYOF FEDERAL WAY
Ct?v�tt1[� a°' ��; �� �"
,. ,r ,.
THIS IS TO CERTIFY THAT THE POLICIES OF iNSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHEFI DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONi LIMITS
_Tp DATE (MM/OD/YY) DATE (MM/DD/YY)
OENERAI LIABIIITY
A � COMMERCIAL OENERAL LIABILITY
ClA1MS MADE � OCCUR.
OWNER'S 8 CONTRACTOR'S PROT.
AUTOMOBILB LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•OWNED AUTOS
QARAOE IIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTNER THAN UMBRELLA FORM
WORKER'8 COMPENSATION
AND
BMPLOYERB' LIABILITY
OTNER
52 CES QK 0799
OENERAI AOGRE4ATE S2 � OOO � OOO
PRODUCTS-COMP/OP AGG. S`� � OOO � OOO
01-31�9� O�-3�-9Z PERSONAL&ADV.INJURY $2�000�0��
EACH OCCURRENCE S`Z � OOO � OOO
FIRE DAMAGE (Any one fire) $ 300 � 000
MED. D(PENSE (My one person) S 5� OOO
COMBINED SIN6LE $
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAQE S
EACH OCCURRENCE $
AOOREGATE S
STATUTORY LIMITS
EACH ACCIDENT $
Dt3EASE—POLICY LIMIT S
DISEASE—EACN EMPLOYEE S
DESCRIPTION OF OPERATIONS/LOCATIONSNENICLHS/SPECIAL ITEMS
As respects use of school facilities by insured for sports events per insured�s recreational
programs.
•ibi � �n
Federal Way Schcol District
31�+05 18th Ave. Scuth
Federal Way, Wa 98003
`� � �u4 R
i; � ,,
�+,. .. .. . � � .+T �� � SW � .9�.. �4 4 A.,��n� . . �
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
': EXPIRATION DATE THEREOF, THE ISSUINCi COMPANY WILL ENDEAVOR TO
MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOIDER NAMED TO THE
� LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
"' LIABILITY OF ANY KII�UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
:i AUTHORIZED REPRESE T F� � r
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