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AG 24-062 - SOUTH KING FIRE AND RESCUERETURN TO: PW ADMIN EXT: 2700 ID #: 4L4 3 o CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Administration 2. ORIGINATING STAFF PERSON: EJ Walsh EXT: 2713 DATE REQ. BY: ASAP 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION 0 CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL © OTHER SKFR Indemnification 4. PROJECT NAME: SKFR Training Indemnificiation 5. NAME OF CONTRACTOR: South King Fire and Rescue ADDRESS: 31617 1 st Ave S: Federal Wav WA 98003 TELEPHONE: 253-946-7328 F-MAIL:kevin.crossen@south_Ikingfire.org FAX: SIGNATURE NAME: Kevin Crossen TITLE. Deputy Chief 6. EXHIBITS AND ATTACHMENTS: p SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # N/A BL, EXP. 12/31/ UBI # , EXP. 7. TERM: COMMENCEMENT DATE: April 1 2024 COMPLETION DATE: December 31, 2024 8. TOTAL COMPENSATION: $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES m NO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: N/A 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR - — 8 DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT +4- 3 t2.a-1 ZOL7 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: NIA COMMITTEE APPROVAL DATE: NSA SCHEDULED COUNCIL DATE: N/A COUNCIL APPROVAL DATE: N/A 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 3/29/2024 DATE REC'D: 4/1/2024 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT 8 LAW DEPT 8 SIGNATORY (MAYOR OR DIRECTOR) 8 CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED COMMENTS: Copy returned by email to SKFR 1 � V Ar `I I 1 ] ZoaLN IlkF q-oCo;1 DATE SENT: OI. ' 11/2023 CITY OF CITY HALL Federal Wa33325 Avenue South Y FederaJ Way, WA 48003-6325 (253)335-7000 www. Federohvaywv_gu v INDEMNIFICATION AND INSURANCE AGREEMENT This Indemnification and Insurance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City") and South King Fire & Rescue, a Fire District ("SKFR") (together "Parties"). A. WHEREAS SKFR wishes to conduct fire training at 2808 S 3081h Lane and 30902 28th Ave S through 31016 28th Ave S ("Facilities") on various dates during 2024 ("SKFR Training Events"); and B. The City wishes to cooperate by allowing SKFR to use the Facilities at no cost to the SKFR. NOW THEREFORE, the Parties agree as follows: 1. Indemnification. In consideration of the City authorizing the use of the facilities, SKFR 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 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 or the use of the Facilities or relating to the SKFR Training Events to the extent caused by the acts, errors or omissions of SKFR, its partners, shareholders, agents, employees, invitees or by SKFR's breach of this Agreement. 2. Insurance. SKFR agrees to carry as a minimum: a. The following insurance covering the dates of all SKFR Training Events, commercial general liability insurance with combined single limits of liability of not less than $2,000,000.00 for bodily injury, including personal injury or death, products liability and property damage liability for all damage arising out of injury to or destruction of property. b. Workers' compensation and employer's liability insurance in sufficient amounts pursuant to the laws of the State of Washington and in such forms and with such carriers as are satisfactory to the City. The City shall be named as additional insured on all such insurance policies. SKFR shall provide a certificate of insurance evidencing such coverage and, at the City's request, furnish the City with copies of all insurance policies and evidence of payment of premiums or fees of such policies. DKFR's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 3. Term. This Agreement is in effect from April 1, 2024 until December 31, 2024. 4. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provisions. In the event either Party places the enforcement of this Agreement in the hands of an attorney, or files lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive INDEMNIFICATION AGREEMENT - 1 - 4/2024 CITY OF CITY HALL 33325 STM Avenue South Federal Way W7 WA 98003�325 1as31 s35-700(7 www_Federah aywm gov such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. [Signature page follows] INDEMNIFICATION AGREEMENT - 2 - 4/2024 CITY OF CITY HALL Fede SST' Avenue South Federal Way, WA 9Hfl03-6325 FederaI Way 253 335-70M www.Federatwaywa.gov IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim F , Maor DATE: [-5v Y-- SOUTH KING FIRE & RESCUE: LOW Printed Name: Kevin Crossen Title: Deputy Chief Date: April 5, 2024 ATTEST: AARyan D AS TO FORM: r : ll, City Atto e INDEMNIFICATION AGREEMENT - 3 - 4/2024