HomeMy WebLinkAboutCAG 94-197 - 199408120500 [then recorded mail to: /^ n /
Mary Killgrove, City rney's Office /96 7 T —/ 9 7
City of Federal Way
33530 1st Way South
Federal Way, WA 98003
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210
FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF JOINT
SCHOOL AND PARK FACILITIES AT HARRY TRUMAN HIGH SCHOOL
H
Z
This Agreement is made and entered into by and between the
City of Federal Way (hereinafter "City") and Federal Way School x
District No. 210 (hereinafter "District") , collectively "Parties".
1. The City and the District share the common goal of
seeking to develop joint school/park facilities on school sites
that will retain the primary use of the site for educational use @
C while seeking the maximum availability of formal and informal
LEA recreational opportunities for their citizens.
CD 2. The development of joint school/park facilities provides
04 the unique opportunity to combine the resources of the City and the
ODDistrict to develop the recreational Sites at a level, quality and
0 cost efficiency greater than if either entity individually
111 developed its projects.
3. Chapter 39.34 (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers
by enabling them to cooperate with other entities to provide
services in a manner best serving the needs and development of
local communities.
4. Both the District and the City can achieve cost savings
and benefits in the public interest by combining their efforts to
perform certain work during the design, construction and operations
phases of the development of the Property;
NOW, THEREFORE, it is hereby covenanted and agreed to by and
between the Parties hereto as follows:
I. DEFINITIONS
The following definitions shall apply to this Agreement:
1.1 Additional Work - Site improvements desired and paid for
solely by one party, and outside the scope of the mutually
agreed upon Project.
1.2 Architect - Architect retained by the Parties, performing
work on behalf of District and City.
1.3 City - The City of Federal Way.
1.4 District - Federal Way School District No. 210.
ORIGINAL
ir.
1.5 Engineers - Any licensed engineer employed pursuant to joint
agreement of the Parties to carry out the purposes of this
Agreement.
1.6 Existing Facilities - Play fields, basketball pads, hard
surfaced play areas, and play ground equipment, all as
described in Exhibit A.
1.7 New Facilities - To be determined in the preliminary design,
all as described in Exhibit B.
1.8 Parties - Shall indicate joint reference to the City of
Federal Way and Federal Way School District No. 210.
1.9 Project - The upgrade of existing school grounds and
development of new site improvements by the City and District
upon a site owned by the District commonly known as Harry
Truman High School grounds, which may include the development
of the following facilities, or such other facilities
mutually agreed upon by the Parties: baseball field,
basketball area, soccer field, track, softball field, tennis
courts, picnic area, trails, play area and equipment;
provided, however, that for purposes of this Agreement,
CD
O "Project" shall not include design construction, upgrade or
LI development of the school building, or Additional Work, as
C defined herein.
1.10 PTA - Harry Truman Parent Teacher Association.
7)
Q 1.11 Landscape Architect - Subcontractor/landscape architect
retained by Architect retained by Parties, performing work on
behalf of both District and City.
1.12 Site - Harry Truman School grounds, as legally described in
Exhibit C, attached hereto.
II. PURPOSE
2.1 Public Recreation. It is the intent of the Parties to
develop the Site for maximum utilization including both
school and public park purposes. Availability of Facilities,
priorities and scheduling are referenced in the existing
Interlocal Agreement ("Interlocal") between the City and
District dated December 17, 1991, which is attached as
Exhibit D.
2.2 Public Involvement. Throughout all phases of the design,
permitting, construction, funding, maintenance and
utilization of the Site, both Parties will work to insure
maximum input and involvement from PTA, volunteers, and the
community.
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III. DESIGN PHASE
3.1 Preliminary Desian and Budget. The City and the District
shall jointly be responsible for overseeing the preparation
of a preliminary plan and cost estimate for the Project.
Included in the preliminary plan and cost estimate shall be
a distribution of costs between the Parties for all elements
of the Project.
3.2 Date. The Parties intend to complete the preliminary design
no later than October 1, 1994.
3.3 Public Hearing. In coordination with the District, the City
shall hold a minimum of one public hearing on the proposed
preliminary plan and its budget.
3.4 Preliminary Approval. After conclusion of all public
hearings and comments on the proposed preliminary plan and
budget, the preliminary plan shall be submitted for District
Board and City Council preliminary review and approval.
3.5 Final Design. Following preliminary approval by the District
Board and City Council, and consistent with any direction
0 provided, the City and the District shall prepare a Final
,J Design Specification and Budget for the Project.
0 3.6 Final Design Approval. Final design shall be submitted to
CN2 the District Board and City Council for approval.
up3.7 Date. The Parties intend to complete the final design no
Q later than December 1, 1994.
"I
IV. APPLICABLE PROCESS
4.1 Compliance with Codes. The Project shall be developed
pursuant to all applicable codes, regulations, and ordinances
of the City of Federal Way.
4.2 SEPA. This Project is subject to review under the State
Environmental Protection Act. Pursuant to WAC 197-11-296, if
two or more agencies share in the implementation of a
proposal, the agencies shall by agreement determine which
agency shall be the lead agency. Pursuant to WAC 197-11-944,
the District and the City hereby designate the City as the
nominal lead agency, whereby the City shall be responsible
for complying with the duties of the lead agency under all
applicable SEPA rules.
4.3 SEPA Checklist. The City shall be responsible for preparing
the SEPA checklist and associated documents. The Parties
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shall share costs associated with SEPA compliance in the same
proportion as specified in Section 3.1.
4.4 SEPA Mitigation Conditions. The Parties agree to cooperate
and enter into all necessary agreements to carry out any
mitigation conditions imposed as a result of the SEPA review
process, which are not contemplated within the terms of this
Agreement.
4.5 Approval. Final Plan approval for the Project shall be
complete upon the conclusion of the SEPA process and approval
of Final Plan, including any required mitigation, by the
District School Board and the Federal Way City Council.
V. PRE-CONSTRUCTION PHASE
5.1 Final Plans. Following all approvals described in Section
4.5 herein, the final construction plans, specifications and
project manual will be jointly prepared for design, including
development items that are agreed upon by the Parties and
which fit the overall construction budget, and any Additional
Work. Final construction plans will be prepared by the
District and the City.
5.2 Party's Separate Requirements. Each Party shall, in a timely
manner, furnish any additional reproducible construction
drawings, special contract provisions and other necessary
CD documents which shall sufficiently detail requirements for
D each Party's Additional Work, if any, added to the plans and
G specifications for the Project. Each Party shall promptly
04 notify the other of any changes which must be made to the
4.4 these documents to bring them into conformance with each
OD Party's requirements for bidding and administration, which
CD changes shall be promptly made upon agreement of the Parties.
'! 5.3 Allocation of Construction Costs. It is the intention of the
City and the District that the Project's plans and
specifications be incorporated into the contract bid
documents in such a manner as to allow, to the extent
possible, identification of cost allocations between the
Parties, as set out herein.
5.4 Estimate of Costs. The District and the City shall prepare
a final probable cost of the Project, identifying costs
relating to Additional Work, if any desired by one Party and
outside the scope of the mutually agreed upon Project, prior
to finalizing a bid proposal format. This estimate will be
the basis for establishing the bid proposal lump sum base
bid, alternatives and requests for unit price. The estimate
shall be reviewed and approved by both the District and the
City.
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5.5 Acceptance of Bids. The District shall be responsible for
overseeing and coordinating the bidding phase. This
coordination shall include being named as the party to whom
the bids will be submitted.
5.6 Bid Opening and Award. A representative from each Party
shall attend the bid opening and review bid proposals. The
District and the City shall jointly review the Contractor
qualifications and the recommendation of any Consultant
obtained regarding award of contract. Bid awards shall be
made to the lowest responsible bidder for the total Project,
subject to applicable laws and regulations. Neither Party
shall proceed with work on the Project until it has received
approval from the other Party for the bid award.
5.7 Rejection of Bids. If no bids are received for the Project,
which in the estimate of the City or the District are
acceptable to that Party, that Party shall so immediately
notify the other Party. If all bids are rejected and the
Parties do not elect to rebid, this Agreement shall terminate
effective the date of one Party's notice to the other of
rejection of all bids.
VI. CONTRACT ADMINISTRATION[
6.1 Administration. Each Party shall provide and bear the cost
incurred by that Party for the necessary administrative
inspection and clerical services necessary for the execution
of the Project.
CD 6.2 Change Orders. The cost of any change orders requested by
CD any Party shall be allocated to the requesting Party unless
0 mutually agreed upon in writing by the Parties prior to
04 authorization of the change order. All costs of change
r„+ orders relating to Additional Work shall be borne by the
OD Party requesting the Additional Work. If, in the opinion of
CD both Parties, a change order is required to correct errors or
clarify design project questions, the costs shall be borne in
0) the same proportion as the division of construction costs.
6.3 Inspections. To ensure proper compliance with its
requirements during the construction phase of the Project,
the Parties shall attempt to choose a mutually acceptable
inspector to be paid in the same proportion as construction
costs. If agreement cannot be reached, each Party, at its
sole cost and expense, shall furnish an inspector. Each
Party's inspector shall advise the other of any deficiency
noted. Neither Party's inspector shall communicate directly
with or instruct the contractor directly on any matters
regarding contract performance. Communication and direction
regarding contract performance shall be the responsibility of
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the Project Architect pursuant to the Project's Scope of
Work.
VII. PROFESSIONAL SERVICES
7.1 Retention by District. Architect, Landscape Architect,
Engineer, or other professional contractor will be retained
by the District in consultation with and as mutually agreed
to by the City, to carry out it's obligations described in
this Agreement ("Professional Services") .
7.2 Payment. Prior to the retention of any Professional
Services, the proposed Scope of Work and allocation of costs
shall be reviewed and agreed upon by both Parties. In the
event one Party desires the Scope of Work to include
Additional Work outside the scope of the mutually agreed upon
Project, the other Party shall not be liable for any costs
associated with the Additional Work, which shall be
separately itemized.
VIII. PROJECT PAYMENT
0 8.1 Payment Allocation. All costs of the Project, except as
specifically allocated between the Parties in Paragraphs(s)
Q 1.1, 5.2 (Additional Work) , 6.1 (Administrative Costs) , 6.2
04 (Change Orders) , 6.3 (Inspections) , 7.2 (Additional Work) ,
4-1 and 10.0 (Insurance) herein, shall be borne by the Parties as
OOD provided in Section 3.1 of this Agreement.
Tr 8.2 Accounting. The District shall provide to the City an
accounting of all costs incurred as a result of this
Agreement, including a copy of all bills, statements of
accounts, requests for payments, etc. received by the
District relating to the project, prior to payment for said
services. All accounts, books, records, and documentation
pertaining to the execution of this Agreement shall be made
available at all reasonable times to a representative of the
City.
8.3 Payment Approval. Both City and District approval shall be
required prior to the payment of any services rendered
pursuant to this Agreement.
8.4 Joint Payment. The District shall forward a copy of all
billing statements for the Project to the City immediately
upon the District's receipt of such statements. All billing
statements shall separately identify: (1) costs relating to
joint obligations of the Parties and (2) costs defined to be
the sole responsibility of the District and the City, if any.
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Each Party shall pay its costs within thirty (30) days of its
receipt and approval of the billing statement.
IX. OPERATIONS AND MAINTENANCE
9.1 Upon final completion and acceptance of the construction of
the Project and the New Facilities, the operations, use and
maintenance of the Existing Facilities and the New Facilities
on the Site shall be governed by the existing Interlocal
between the District and the City, executed December 17,
1991, a copy of which is attached hereto as Exhibit "D".
X. INSURANCE
10.1 Amount. It is hereby understood and agreed that each Party
to this Agreement shall obtain and maintain public liability
insurance in an amount not less than TWO MILLION AND NO/100
DOLLARS ($2,000,000) single limit liability.
10.2 Certificate. Each Party shall provide the other Party with
Q a certificate of public liability insurance naming the other
0 Party as an additional insured and showing proof of the
Lt required insurance coverage. Insurance coverage shall be
0 maintained at all times.
OD
XI. GENERAL PROVISIONS
d" 11.1 Scheduling. Time is of the essence of this Agreement in each
and all of its provisions in which performance is a factor.
The Parties commit to exert all reasonable efforts to adhere
to completion dates contained herein.
11.2 Term. This Agreement, for purposes of compliance with
RCW 39.34.030(3) and 39.34.030(4) (B) shall terminate upon the
occurrence of the three events: (1) final acceptance by
each Party of the completed construction project; (2) final
payment by each Party of all costs of the Project; and (3)
release of all bonds submitted for the Project.
11.3 Administration. The responsibility for overseeing the
compliance with the provisions of this Agreement shall be
handled jointly between the Parties, and no separate legal or
administrative entity shall be formed by the Parties for such
purpose. The contract representative for the City shall be
Kenneth E. Nyberg, 33530 1st Way South, Federal Way,
Washington 98003. The contract administrator on behalf of
the District shall be Dr. Richard Harris, Federal Way Public
Schools, Administrative Office, 31405 18th South, Federal
Way, Washington 98003.
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11.4 Indemnification. The District agrees to indemnify and hold
the City, its elected officials, officers, employees, agents,
and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from,
or connected with this Agreement to the extent caused by the
negligent acts, errors or omissions of the District, its
partners, shareholders, agents, employees, or by the
District's breach of this Agreement.
The City agrees to indemnify and hold the District, its
elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected
with this Agreement to the extent caused by the negligent
acts, errors or omissions of the City, its partners,
shareholders, agents, employees, or by the City's breach of
CD this Agreement.
V, The provisions of this paragraph shall survive the expiration
C or termination of this Agreement with respect to any event
C4 occurring prior to such expiration or termination.
CO 11.5 Work Product. All work product, including plans, sketches,
layouts, designs, design specifications, records, files,
Tr Tr computer disks magnetic media or material which may be
produced or modified by any entity, directed, hired or
appointed or employed by either Party to perform the services
or carry out the intent of this Agreement shall be jointly
owned by the City and the District. At the termination or
cancellation of this Agreement, copies of any such work
product remaining in the possession of any contractor shall
be delivered to the Parties.
11.6 Entire Agreement. This Agreement contains all of the
agreements of the Parties with respect to any matter covered
or mentioned in this Agreement and no prior agreements or
understandings pertaining to any such matters shall be
effective for any purpose.
11.7 Modification. No provision of this Agreement may be amended
or added to except by agreement in writing signed by the
Parties or their respective successors in interest.
11.8 Full Force and Effect. Any provision of this Agreement which
is declared invalid, void or illegal shall in no way affect,
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impair, or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
11.9 Attorney Fees. In the event the City or the District
defaults on the performance of any terms in this Agreement,
and the District or City places the enforcement of the
Agreement or any part thereof, or the collection of any
monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or
file suit upon the same, each Party shall pay all its own
attorney's fees, costs and expenses. The venue for any
dispute related to this Agreement shall be King County,
Washington.
11.10 No Waiver. Failure of either Party to declare any breach or
default immediately upon occurrence thereof, or delay in
taking any action in connection with, shall not waive such
breach or default, but either Party shall have the right to
declare any such breach or default at any time and take such
actions that might be lawful or authorized hereunder either
at law or in equity. Failure of the either Party to declare
one breach or default does not act as a waiver of either
Party's right to declare another breach or default.
O IN WITNESS whereof the Parties have executed this Agreement
O the day and year set forth below.
0
O CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DIST. NO. 210
ta
OD
O
By: �i���/ BY: ou7
0) Kenneth E. Nyrr - G. Richard Harr s
Its City Manager Its Superintendent
33530 1st Way South 31405 18th South
Federal Way, WA 98003 Federal Way, WA 98003
Date: 11/1 3d /fly Date: 4l / 1999'
APPROVED AS TO FORM: APPROVED AS TO FORM:
It ),(744,
A. Lake dames Thrasher
City Attorney School District Attorney
K:\DOCUMENT\NTRUMAN.CON
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EXHIBIT A
Harry S Truman High School
EXISTING CONDITIONS
The Harry S Truman (Continuation) High School site is relatively flat. It has one small,
poorly maintained baseball field on the southeast corner and an unserviceable backstop at the
northwest corner. This site is bordered by Steel Lake Park on the north, and 317th on the
south. The western side is bordered by an apartment complex and the eastern side is an
asphalt parking lot which serves Harry S Truman High School. There is an existing grove of
scrub trees on the southwestern corner of the existing facility.
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EXHIBIT B
Harry S Truman High School
PROJECT DESCRIPTION
The proposal for the Harry S Truman (Continuation) High School facility is a reconstruction
and upgrade of an existing playfield. The project consists of demolishing two existing poorly
maintained backstops, removing approximately 22,000 square yards of existing worn grass
surface and stands of trees, removing part of the existing asphalt parking lot, regrading the
site, adding approximately 8 inches of well graded stabilization soil followed by 6 inches of
sandy loam, which will receive sodded grass. Positive drainage will be provided be a
dedicated french drain system, which will feed to an existing storm water sewer system. A
sprinkler system consisting of a piping manifold which feed high volume impact sprinkling
heads will be installed around the perimeter of the facility. No additional parking or sanitary
facilities are included as specific elements of this proposal. The fixed sports facilities will
consist of two backstops and bases which, depending on the selected options, could be
configured to support any of two baseball activities, or any of three fastpitch youth softball
Cactivities. A full sized youth/adult soccer field or football field with removable goals can be
accommodated in the outfield sodded area of the proposed baseball/softball facility. Options
rif which include full sized soccer field could be further divided to accommodate either two U8
Oto U11 youth soccer fields or up to three U7 youth soccer fields or one youth football field.
Cf'i
FEDERAL WAY SCHOOL DISTRiLT 210
SITE 8
LEGAL DESCRIPTION
HARRY S.TRUMAN HIGH SCHOOL
•
PARCEL "A"
Q The North Half of the Northeast Quarter of the Southwest Quarter of
0 Southeast Quarter of Section 9, Township 21 North, Range 4 East, W.M.
Except County Road. (5 acres)
0
PARCEL "B" *
OThe South Half of the South Half of the Northwest Quarter of the
Tr Southeast Quarter of Section 9, Township 21 North, Range 4 East, W.M.
Except County Road. (10 acres)
EXCEPT the following portion, which was sold in 1984:
•
The west half of the south half of the south half of the Northwest quarter of the
Southeast quarter of Section 9, Township 21 North, Range 4 east, W.M. EXCEPT County
Road; situated in the County of King, State of Washington. The site perimeter
measurements are 330' x 653.24' .
EXHIBIT D
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN FEDERAL WAY SCHOOL DISTRICT NO. 210
AND CITY OF FEDERAL WAY PARKS, RECREATION AND HUMAN SERVICES
This agreement, made and entered into this 7 ' day
of December , 1991, by and between the City of Federal Way, a
municipal corporation of the State of Washington, hereinafter
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
0 and student activities; and
O WHEREAS, said governing bodies are authorized to enter into
tJ�
Oagreements with each other, and to do any and all things necessary
v4 or convenient to aid and cooperate in the cultivation of good
GD citizenship by providing for programs of community recreation and
O
Tr student activities; and
0) WHEREAS, in the interest of providing the best services with
the least possible expenditure of public funds, full cooperation
between City and District is necessary; and.
WHEREAS, a joint use concept can provide for the maintenance
and operation of existing fields and buildings for their better
utilization by both parties; and
WHEREAS, the purpose of this joint use agreement is to allow
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 authority 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
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 City activities and
programs. All 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
O in accordance with all applicable rules, policies,
CD
regulations, laws, procedures and permits governing the
O approved use of facilities of either party. The laws of the
State of Washington, the terms of this agreement, and any
OD other mutual written agreement of the parties are supplemental
cthereto.
II. PRIORITIES AND SCHEDULING:
A. The first priority for use of all school facilities shall
be school events and programs, the second shall be recreation
activities and programs of the City, and the third shall be
any activities and programs of other agencies or groups as may
be approved or permitted by the District.
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 shall
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 resulting from the
cancellation, and the non-canceling entity shall hold the
other harmless from any such damages.
D. Reservations shall be booked according to the following
policy:
--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 coordinator.
--Every attempt shall be made to submit requests at least two
0 weeks in advance.
04 E. Quarterly joint use meetings shall be held in August,
Oi November, February and May to discuss the upcoming scheduled
OD events and the specific terms under which they will be
Tr
CTS operating. A date for these meetings will be scheduled by
mutual agreement between the Superintendent of Schools or his
• or her designated representative and the City Manager or his
or her designated representative.
III. SUPERVISION AND STAFFING:
A. Each party agrees to provide adequate adult personnel to
supervise its activities which take place on the other's
property. The adequacy of the level of supervision is
subject to review by the other party. Either agency 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 CONDITIONS:
A. Equipment and Supplies
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 and supply
all expendable materials (except sanitation supplies)
necessary for operating its programs on the properties used.
District or City equipment that is not easily moved (for
example: tumbling mats, volleyball standards, baseball bases,
etc. ) may be used by the other agency if available. Any
damage to such equipment will be immediately reported and a
O mutually agreeable method and amount of payment for
O replacement or repair determined.
0
O B. Improvements and Safety Features
CNI
r4 1. The City may, with prior written approval of the
GD
O District, improve District playgrounds and recreation
Tr facilities including the installation of recreation equipment
not in conflict with school use, which shall be at no cost or
• expense to the District except by written mutual agreement.
2 . The District may, with prior written approval of the
City, improve City facilities including installations of
• school equipment not in conflict with recreation use, which
shall be at no cost or expense to the City except by written
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, including 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 operating 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 alterations
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
CD specified in writing. The user will pay the costs of any
CD
In extra janitorial services required as a result of their use of
04
Ca a facility.
t
OD
D. Advertising .
CD • 1.. Any posting of advertising matter of any kind on the
0, property shall be in places designated 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 sponsored, 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
property 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. Liability,
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 which arise from its
negligent or intentional acts or omissions. In the event 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 employees.
0 • Further, each party has insured against its own liability
u7herein and will promptly notify the other of any material
CO changes in such coverage.
H 2. Any claims for liability arising out of the failure
0 to maintain facilities or keep them in good structural repair,
T!' unless such failure is caused by the acts of the user, its
CI
agents, employees or invitee, shall be the responsibility of
the owner and the indemnification by the user herein shall not
include such claims.
H. Insurance
It is hereby understood and agreed that whenever either
party to this agreement shall use, operate, occupy or have the
care, custody or control 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 obtain and
maintain public liability insurance in an amount no less than
ONE MILLION AND NO/100 DOLLARS ($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 liability
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 any facility for the purposes of
this agreement, the dispute or difference 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 cannot be satisfactorily resolved.
O J. Annual Review
CD
Each January a review board will meet to consider and
04
Cat recommend changes to this agreement that may be needed.
Membership on the board will consist of the following:
OD
CD School District —Activities Director, Director of Maintenance
and Operations, one (1) junior high administrator, two (2)
elementary administrators or their designee(s) ; City -
Director of Parks, Recreation and Human Services,
Superintendent of Maintenance and Operations, Superintendent
of Recreation and Human Services and two additional City
representatives as designated by the Director; Community - two
(2) people, one (1) to be chosen by each party to this
agreement. Any change to this agreement shall be presented to
the appropriate governing bodies for approval.
K. payment for 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. 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 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.
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•
4
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 agency 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 and fields will be done by
the user unless other arrangements are made.
M. Terms
This agreement shall be effective September 1, 1991 and
will continue until terminated by advance written notice from
either party, effective no sooner than sixty (60) days
O following the date of the notice to terminate.
Q N. A copy of this agreement shall be filed with the
CD
O Secretary of State, the City Clerk of the City of Federal Way,
04 the Department of Fiscal Services/Federal Way Schools and the
O King County Auditor.
v,
O. This agreement does not authorize the joint review board
0I to acquire, hold and/or dispose of real or personal property.
Terms of use, and payment and liability related to the use of
any real or personal property owned or operated by the parties
hereto are governed by the terms of this agreement.
CITY/ MANAG R, -,1 BRENT MCFALL SUPERINTENDENT OF FEDERAL WAY
SCHOOLS, DR. RICHARD HARRIS
TE' , .
A, _ _? �, �✓
T' LERK ''E N M. SWANE , CMC •
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APPROVED AS TO FORM:
6)./14./t/& \ .b 4 - ,/'
CITY ATTORNEY, SANDRA DRIS •o L
S TOOL DISTRIC ATTORNEY, JAMES M. THRASHER
PASSED this /7 day of / iontli (/ , 1991.
0 .
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to
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En
LA\EF\AC\91-0126.PKS
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