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AG 11-100RETURN TO: ; ExT: ��--��j �� CITY OF FEDER.AL'WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ��,'� 2. ORIGINATING STAFF PERSON: ( �' � �(,�j� � EXT: ��l L°' 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION D(7CUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): �( OTHER M��,� , o MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURIT'Y DOCUMENT (E.G. BOrm xELATED DocuMErrTS) ❑ RESOLUTION ❑ INTERLOCAL s. Pxo�cTNaME: �-}� ��i�r11 ��I�iw, � �-��r� a.►�c� Y�1a�v,�c��,��.� � _ �„ , , ; -J � 6. NAME OF CONTRACTOR: � % �.�" 1 �P. � ADDRESS: � � �p ` �" -'� � � � �� '� TELEPHONE E-MAIL: FAX: SIGNATURE NAME: 1E�;� � {�r1.Cl�`�E,YI TITLE �P �l ' i'T� 7. EXHIBITS AND ATTACHMENTS: ❑ sCOPE WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DA E: I Z'" �I "��.� i ry �� -�.�Q ��' �. TOTAL COMrENSATION $ I� � (INCLUDE E NSES�AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CF�ARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 1..� ��, �� REIMBURSABLE EXPENSE: 0�s ❑ rro iF YES, tv�iMUM DoLL� aMOUrrT: $ IS SALES TAX OWED � YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR O CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER �.'DIRECTOR �� ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE� ��/�`i."'� `� � - COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED � LAW DEPARTMENT �- - `�� SIGNATORY (MAYOR C�R•� - S - I �"JC� CITYCLERK -q � ASSIGNED AG# AG# - �'L'`D � SIGNED COPY RETURNED DATE SENT: �-�- � � COMMENTS: fI►C: AGREEMENT BETWEEN THE HISTORICAL SOCIETY OF FEDERAL WAY AND THE CITY OF FEDERAL WAY FOR THE OPERATIONS AND MAINTENANCE OF HISTORICAL CABINS THIS AGREEMENT ("Agreement") is made this Zg�day of Apri12011 by and between the undersigned representatives of the Historical Society of Federal Way ("Society"), a Washington nonprofit corporation, and the City of Federal Way ("City"), a Washington Municipal Corporation. WHEREAS, the Society's principal function is to research, record, preserve and educate the public regarding the history of greater Federal Way; and WHEREAS, the Society is owner of two historical cabins commonly known as the Denny Cabin and the Barker Cabin (collectively, "Cabins"); and WHEREAS, the City is owner of the West Hylebos Wetlands Park, located at 411 S. 348�' Street, Federal Way, Washington, 98003 ("Park"); and � WHEREAS, pursuant to an agreement dated December 6, 1993, the Society placed and is presently restoring the Cabins in the Park; and WHEREAS, pursuant to an agreement dated August 1, 2000, improvements to the Park were designed and constructed; and WHEREAS, the City currently operates and maintains the Park, and the Society currently maintains and repairs the exterior and interior of the Cabins as necessary to maintain the Cabins in good condition and repair; and WHEREAS, the August l, 2000 agreement, which outlined the City's and Society's obligations regarding the Park and the Cabins, expired July 31, 2010; and WHEREAS, the City and the Society desire to enter into a new Agreement that outlines the City's and Society's current obligations regarding the Park and the Cabins; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. Commitment of Society. 1.1 The Society shall continue to maintain and repair the exterior and the interior of the Cabins in accordance with all applicable laws and as necessary to maintain the Cabins in good condition and repair, and maintain their suitability for public use. 1.2 The Society shall continue to be responsible for all janitorial services supplied to the Cabins, which services shall be at the election of the Society. 1.3 The Society shall develop and maintain a historical interpretive center in the Cabins, when funds and resources become available. 1.4 The Society agrees that it will not charge a fee to the public to enter the Cabins. The Society shall be entitled to one hundred percent (100%) of all donations clearly directed to the Society. 2. Commitment of the City. The City agrees to continue to operate and maintain the Park in a manner that will allow the Society to continue its maintenance, repair and operation of the Cabins at the Park. 3. Term and Termination. The term of this Agreement shall commence on the date written above and shall continue until December 31, 2015. 'This Agreement will automatically renew for an additional 5 year term, commencing on January 1, 2016 until December 31, 2020, unless one party notifies the other party in writing prior to December 1, 2015 that such party is opting out of the additional5 year term. The parties may agree to extend the term of this Agreement in writing signed by both parties. 4. Indemnification. The Society shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the Society, its employees, agents, or contractors, which may arise out of this Agreement. The City shall indemnify and hold harmless the Society and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this Agreement. 5. Insurance. It is hereby understood and agreed that the City and the Society shall obtain and maintain general liability insurance in an amount not less than One Million and No Dollars ($1,000,000) single limit liability. The Society shall provide the City with a certificate of general liability insurance naming the City as an additional insured and showing proof of the required insurance coverage. Insurance coverage shall be maintained at all times during the term of this Agreement. 6. General Provisions. This Agreement contains all of the agreements of the City and the Society with respect to any matter covered by this Agreement. No provision of this Agreement may be amended or added to except by written agreement signed by the City and the Society. Neither Party shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder with the prior written consent of the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 2 IN WITNESS WHEREOF, the Society and the City have executed this Agreement as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY � Skip Priest, ayor 33325 8�' Ave S Federal Way, WA 98003 ATTEST: R Carol McNeilly, C C, City rk HISTORICAL SOCIETY Gerald Knutzen resident PO Box 25430 Federal Way, WA 98093 AP ROVED AS TO FORM: C� � Patrici ichardson, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY O On this day pe sona y p eared before me Gerald Knutzen, to me known to be the President of the Historical Society Fe eral Way 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 said instrument and that the seal affixed, if any, is the corporate seal of said corporation. nv-,'�Y ✓X� � � f'� GIVEN my hand and official seal this �,� day . , r, �'�`��,�, P.�� .�.. w ti�'�'q ` ��,�5sioti�.�F .v NOTqRY�� pUe � C �; J+ ��' ' G � Y S .. �� • c � F '� p ��.,� t�ASH�N�'�•�`°� (typecUprinted name of riotary) Notary Public in and for the S ate of ashington. My commission expires 2011. K:\agreement�Parks�2011U Society — Cabins.doc �� '�� DATE (MM/DD/YYYY) ,� CERTIFICATE OF LIABILITY INSURANCE 05/02/2011 PROnuceR STANFORD INSURANCE INC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 1010 S 336th St Suite #110 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Federal Wa WA 98003 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 253-874-9200 Fax: 253-835-1787 INSURERS AFFORDING COVERAGE NAIC # INSURED Historical Society of Federal Way iNSUReRa,: MONTPELLER US INSURANCE COMPANY P O Box 25430 INSURER B: Federal Way WA 98093 INSURER C INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE $ �,OOO,OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ �JO,OOO A CLAIMS MADE a OCCUR MED EXP (My one person) $ �,OOO MGL011A11 PI 04/29/2011 04/29/2012 PERSONAL&ADVINJURY $ �,�0�,0�� GENERAL AGGREGATE $ L,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z,OOO,OOO POLICY PR � LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN � ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR � CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF FEDERAL WAY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF FEDERAL WAY DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN 3325 8TH AVE SO UTH NOTICE TO THE CERTiFICATE HOLDER NAMED TO TME LEFT, BUT FAILURE TO DO SO SHALL Fedeal Way WA 98003 IMPOSE NO OB IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR � REPRESEN T1V S. AUTHORIZ D RERkESENTATIVE �� ` � _�i ACORD 25 (2009/01) ' O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009/01)