HomeMy WebLinkAboutAG 98-179 - FEDERAL WAY SCHOOL DISTRICT
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CITY OF" F"EDERAL WAY LAW DEPARTMENT
REQUEST FeR CeNTRACT PREPARATleN/DocUMENT REVIEW/SIGNATURE ReUTING SLIP
1. ORIGINATING DEPT./OIV.:
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3. DATE REQ. By:
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4. TYPE OF" DOCUMENT REQUESTED (CHECK ONE):
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0 PUBLIC WORKS CONTRACT
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B. TERM: COMMENCEMENT OATE:
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9. TOTAL COMPENSATION: $ (INCLUDEB EXpENBES AND SALES TAX, IF" ANY)
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IF" YES, $
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1 1. CONTRACT REVIEW
INITIAL/DATE ApPROVED
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12. CONTRACT SIGNATURE ROUTING
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COMMENTS
WH"E' DO'C'HAL nAVO W'YH eONVOAe, CAHARY' CLEO' 'D "vm "HO. L'W cm. aDLDEHRDC' OO'.'NATOH. .vm
LC49Z 'REV.""
1'~' 171
City of Federal Way
33530 1st Way S.
Federal Way, WA 98003
Attn: City Attorney's Office
mTERLOCALAGREEMENTFOR
EMERGENCY SHELTER FACILITIES
This Agreement is hereby entered into by and between the City of Federal Way ("the
City") and the Federal Way School District ("the District").
WHEREAS, public agencies such as the City and the District are authorized to enter into
interlocal cooperative agreements with other public agencies pursuant to Ch. 39.34 RCW; and
WHEREAS, the City and the District wish to ensure that sufficient facilities are available
in the event that an emergency or disaster creates a need for emergency shelters; and
WHEREAS, the District has facilities which would be suitable for use as emergency
shelters; and
WHEREAS, the District is willing to make such facilities available to the City in the
event of an emergency or disaster;
NOW, THEREFORE, the City and the District agree as follows:
I. ~. The purpose of this Agreement is to allow for the use of emergency shelter
facilities by the City's residents in the event of an emergency or disaster, by allowing the use
of the District's facilities for such purposes.
2. Definitions. As used in this Agreement, the following terms shall have the meanings
indicated:
a. "Emergency": Any disaster, event, occurrence, or other circumstance which
causes displacement of persons from their homes in such numbers as to reasonably necessitate
the organized provision of temporary shelter facilities.
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ORIGINAL
b. "Designated Facilities": Those facilities maintained by the District which are
capable of accommodating persons displaced from their homes and the use of which is agreed
to by the District.
3. Emergency Availability of Facilities. In the event of any Emergency, and upon request
by the City Manager or his/her designee, the District agrees that after meeting its responsibilities
to its students/staff/members, it will permit, to the extent of its ability, the use of its Designated
Facilities as shelters as necessitated by the Emergency. Designated Facilities will not be made
available when students are present for the regular school session.
4. Use of Facilities. When Designated Facilities are made available pursuant to paragraph
3, the allowed uses shall include temporary residence for displaced persons, as well as
community gatherings and outreach. Such uses shall be allowed so long as the Emergency shall
continue. The City agrees that it shall exercise reasonable care in the conduct of its activities
in such facilities.
5. Reimbursement. The City shall reimburse the District in a timely manner for all costs
reasonably incurred by the District arising out of the use of any Designated Facilities pursuant
to this Agreement. Such costs may include, without limitation, expenses for staff supervision
of the use of Designated Facilities, custodial costs, and costs of any supplies used, but shall not
include any rental, power, gas or electric costs associated with the use of the Designated
Facilities.
6.
Inspection and Damage.
a. No modifications or changes will be made to the Designated Facilities by the City
without the express approval of the District.
b. Prior to occupancy, representatives of both the City and the District will inspect
the Designated Facilities and will note any discrepancies on the inspection form, and/or this
Agreement.
c. Prior to vacating the Designated Facilities, representatives of both the City and
the District will again inspect the facilities to note any discrepancies. Normal wear and tear is
considered to be the responsibility of the District.
d. The Designated Facilities will be returned to the District in the same condition,
reasonable wear and tear excepted, as when the City occupied the facilities.
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7. Indemnity. The City agrees to defend, hold harmless, and indemnify the District against
any legal liability in respect to bodily injury, death, and property damage arising from the
negligence of the emergency relief operation during the use of the Designated Facilities.
8. Duration and Termination. This agreement shall become effective immediately upon
execution by both parties. This Agreement shall continue in force until either party shall notify
the other of its intention to terminate the Agreement. This Agreement shall terminate fourteen
days following the provision of such notice in writing; provided, however, that if the City is
using the Designated Facilities at the time of the District's notice of termination this Agreement
shall not terminate until the City has had a reasonable time to relocate such displaced persons.
Upon termination, all property theretofore owned by the District shall remain property of the
District.
9. Administrator. The Superintendent of the District or his/her designee shall administer
this Agreement by responding to City requests for use of Designated Facilities and by
performing any other administrative tasks necessitated by this Agreement.
10. Authority. Each party acknowledges that the person signing this Agreement on behalf
of the party has the authority to act on behalf of the party and to enter into this Agreement.
11. ~. Failure by any party to this Agreement to enforce any provision of this
Agreement or to declare a breach shall not constitute a waiver thereof, nor shall it impair any
party's right to demand strict performance of that or any other provision of this Agreement any
time thereafter.
12. Entire Agreement. This Agreement represents the entire Agreement between the parties.
No change, termination or attempted waiver of any of the provisions of the Agreement shall be
binding on any party unless executed in writing by authorized representatives of each party. The
Agreement shall not be modified, supplemented or otherwise affected by the course of dealing
between the parties.
13. Governing Law and Filing. This Agreement shall be construed and enforced in
accordance with, and the validity and performance hereof shall be governed by, the laws of the
State of Washington. This Agreement shall be filed with the Secretary of the Board of Directors
of District No. 210, the City Clerk of the City of Federal Way, and the King County Records
and Election Division.
14. Severability. If any provision of this Agreement or its application is held invalid, the
remainder of the Agreement or the application of the remainder shall not be affected.
The Parties have caused this Agreement to be executed on the dates written below.
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CITY OF FEDERAL WAY
FEDERAL WAY SCHOOL DISTRICT
By:
By:
~IJ~
om . Vander Ark,
Its Superintendent
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Date
Date
Approved as to Form:
School District Attorney
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STATE OF WASHINGTON
COUNTY OF KING
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On this day, personally appeared before me, the und&rslßne~~t ~ Public in and for
the State of Washington, duly commissioned and sworn, K'èh'ii:& "" g, to me known to
be th~ÔÌy Manager of the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
GiVe}~ú~~~ and official seal this ~'--day of ~19..:LÇ!
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f :r ;~\ ca ~ (notary signature) . ~
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~, .... \, j'B~~~ f : (typed/printed name of notary)
, -.., '. -1š..'Jo. " ..
" ,,~ .,."""",,-,¡: Notary Public in and for the State
"11,0,.." ......-- of Washington.
h"",..." My commission expires: ¿ - /5 -OJ- .
STATE OF WASHINGTON
)
) ss.
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COUNTY OF KING
On this day personally appeared before me, Thomas J. Vander Ark to me known to be
the Superintendent of the Federal Way School District, the School District that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said District, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
, 1998.
(typed/prin name of notary)
Notary Public in and for the State of
Washington.
My commission expires:
6/1/99
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