HomeMy WebLinkAboutAG 96-011 - FED WAY SD 210/CITY OF FEDERAL
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REQUEST F"OR CONTRACT PREPARATION/CeCUMENT REVIEW/SII!INATURE
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7. SCOPE OF" WORK: ATTACH EXHIBIT A - A COMPLETE AND OETAILED DESCRIPTION OF" THE BERVICES OR BCOPE OF"
WORK, INCLUOIN13 COMPLETION DATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK.
S. TERM: COMMENCEMENT OATE:
COMpLETION DATE:
9. TOTAL COMPENSATION: $
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" 1'110 CITY F FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DoCUMENT REVIEW/BII3NATURE ReUTINI3 BLIP
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1. ORI13INATINII OEPT./DIV.: r .
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WORK, INCLUDINg COMPLETION DATES F"OR EACH PHABE 0.. WORK AND LOCATION OF" WORK.
S. TERM: COMMENCEMENT DATE:
COMPLETION DATE:
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9. TOTAL COMPENSATION:
REIMSURSABLE EXPENSES:
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Is SALES TAX OWED?
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0 REQUEST 'OR PROPOSAC8 0 REQUEST 'OR ~UACI"DATIONB
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12. CONTRACT SIGNATURE ROUTING
INITIAL/DATE ApPRDV"D
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COMMENTS
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AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT
AND CITY OF FEDERAL WAY
This Agreement is entered into this 19th day of December¡ 1995
by and between Federal Way School District No. 210, a municipal
corporation ("the District") and the City of Federal Way, a
municipal corporation ("the city").
I.
RECITALS
A. The District is the owner of certain real property
commonly known as Lakota Junior High School located at 1415 S.W.
314th¡ Federal Way¡ Washington ("the District property").
B. The city is the owner of certain park property adjoining
Lakota Junior High School ("the City property").
C. The District and the city desire to jointly plan for the
development of their properties for community recreational purposes
in order to ensure efficient and economical utilization of the
adjoining properties.
D. RCW Chapter 39.34¡ the Interlocal Cooperation Act,
permits municipal corporations to reach agreement to provide for
services which jointly benefit their communities.
E. The purpose of this Agreement is to establish a framework
for the master planning of potential joint use of the District
property and the city property for the purpose of providing a
football field¡ baseball and soccer fields and a park for the
community.
II.
AGREEMENT
In consideration of the mutual benefits herein¡ the parties
agree as follows:
1. SCODe of Work. The scope of work performed under this
Agreement shall be for the purpose of preparing a conceptual design
and master planning for the potential combination and coordination
of use of the District property and the City property to provide
services in the nature of a football field¡ baseball and soccer
fields, and a park for the community of Federal Way.
2. EmDlovment of Consultants. The city shall be solely
responsible for contracting with appropriate architectural and
planning consultants to perform the work set forth under paragraph
1¡ above. The city agrees to seek the input of and advice of the
District in the selection of said consultants. The city, however,
shall have the final decision in the selection of said consultants.
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ORIGINAL
3. Costs of Consultants. The District and the City agree to
equally share the costs of said consultants employed by the city;
provided. however¡ that neither the City's nor the District's share
of said fees and costs shall exceed the sum of Twenty-five Thousand
and no/100 Dollars ($25¡000.00) apiece. The District¡s obligation
to remit its share of the cost of said consultants shall be due and
owing upon completion of this Agreement, as set forth in paragraph
5 herein.
4. Cooperation. The District and the City agree to
cooperate fully with each other to fulfill the purpose of this
Agreement. All consultants employed by the city to satisfy the
obligations of this Agreement shall actively seek and obtain the
input of and the advice of the District and the City, including the
scheduling and parameters of any meetings¡ to satisfy the
obligations of the master planning and conceptual design work for
the joint recreational use of the District property and the City
property contemplated under this Agreement. All consultants
employed by the City shall be further obligated to provide progress
reports to the District.
5. Completion of Scope of Work. The District and the city
agree that all obligations required under this Agreement shall be
completed by no later than July 1¡ 1996.
6. No Future Obliqations. The District and the City agree
that the master planning and conceptual design work performed under
this Agreement shall be presented to the Board of Directors of the
District and the city Council for purposes of review and
consideration. Nothing herein shall create any obligations or
expectations by the District or the city to perform¡ complete or
implement any improvements ¡designs, recommendations or plans
prepared by any consultant employed in accordance with the purpose
of this Agreement.
7. Notice. All notices required under this Agreement and
the Project Coordinator for the parties shall be as follows:
The District:
Rod Leland
Facility Services Department
1066 South 320th Street
Federal Way¡ WA 98003
Telephone: 206-839-9250
Facsimile: 206-941-3834
w/copy to:
Jody Putman
operational Support Services
31405 18th Ave. So.
Federal Way¡ WA 98003
Telephone: 206-941-0100
Facsimile: 206-941-0422
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The City:
Jennifer Schroder
Director of Parks, Recreation
& Cultural Services
33530 First Way South
Federal Way, WA 98003-6210
Telephone: 206-661-4041
Facsimile: 206-661-4024
8. 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 this Agreement.
The provisions of this paragraph shall survive the expiration
or termination of this Agreement with respect to any event
occurring prior to such expiration or termination.
9. Work Product. All work product, including plans,
sketches¡ layouts, designs. design specifications, records¡ files¡
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.
10. Entire Aqreement. 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.
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11. Full Force and Effect. Any provision of this Agreement
which is declared invalid¡ void or illegal shall in no way affect¡
impair¡ or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
12. Attornev 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 duel 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.
13. Modification. No modification, amendment, addition to
or changes to this Agreement shall be valid or enforceable unless
in writing and signed by all parties.
14. ADDroval bv Board/Citv Council. Execution of this
Agreement shall represent that this Agreement has been approved by
the Board of Directors of the District and has been approved by the
city Council.
In witness whereof¡ the parties have executed this Agreement
on the date and year set forth above.
FEDERAL WAY SCHOOL DISTRICT
NO. 210
By:ç;¡Ø4!te~k
Its: Superintendent
CITY OF FEDERAL WAY
BY'~
enneth E. Nybe
Its:City Manager
Attest:
Its:
APPROVED AS TO FORM:
þ~
~ Ldhdi K. Li ell
city Attorney
~
K: \doclIIIOnt\LakotB21 o. agr
(95-140) 12-27-95
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