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AG 13-161RETURN TO: JQS5l Co. EXT: ' L l 0 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS / SWR 2. ORIGINATING STAFF PERSON: ROB VAN ORSOW EXT: 2770 3. DATE REQ. BY: 4. 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 ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL BOTHER INTERAGENCY AGREEMENT NAl O y1 5. PROJECT NAME: MOU FOR USE OF PARKING LOT FOR 2013 -14 RECYCLING EVENTS 6. NAME OF CONTRACTOR: WILD WAVES THEME PARK ADDRESS: 36201 ENCHANTED PKWY S. 98003 TELEPHONE: E -MAIL: FAX: SIGNATURE NAME: TODD SUCHAN TITLE: GENERAL MANAGER 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 CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 8. TERM: COMMENCEMENT DATE: 8/1/13 COMPLETION DATE: 9/23/14 9. 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 ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT/ CONTRACT REVIEW • PROJECT MANAGER • DIVISION MANAGER • DEPUTY DIRECTOR • DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED Z of _ 173 COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: '911511s ❑ AT SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICEN ES, EXHIBITS • LAW DEPT • SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL/ DATE SIGNED COMMENTS: THIS MOU IS BASED ON MOU USED FOR PRIOR RECYCLING EVENTS (AG# 12 -129 ATTACHED) 11/9 MEMORANDUM OF UNDERSTANDING BETWEEN NORPOINT ENTERTAINMENT DBA WILD WAVES THEME PARK AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 1day of PU U6_=z+ 20 -Oby and between the undersigned representatives of the City of Federal Way ( "Cit ), a Washington Municipal Corporation, and NorPoint Entertainment dba Wild Waves Theme Park, a Washington State Corporation. WHEREAS, the City desires to temporarily use portions of the parking areas serving Wild Waves Theme Park to operate community recycling collection events. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein, 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: SITE AND SCHEDULE: The City of Federal Way, its Contractors and volunteers, and the general public are authorized to access and use the "Parking Areas Serving Wild Waves Theme Park" (referred to as "parking lot" or "site" herein) located at 36201 Enchanted Pkwy S., Federal Way, WA 98003 for three recycling collection events scheduled on the following dates. September 21, 2013 April 19, 2014 September 20, 2014 Event - related equipment (containers, truck/trailer combinations, portable toilets, etc.) may be positioned on this site . for several days immediately prior and following each recycling collection event. 2. EXTENT OF SITE USE: The parties agree to restrict parking lot access for all vehicles not related to these recycling events prior and during these dates. Any sections of the site not associated with the recycling events may be used by NorPoint Entertainment dba Wild Waves Theme Park at its sole discretion. 3. SITE CONDITION AND CLEANING: The City will ensure that the parking lot is clear of garbage or debris after completion of the events. The City will also provide and pay for a parking lot vacuum sweeper to service the site following each event. 4. RIGHT TO RESCIND, TIMING OF NOTICE: NorPoint Entertainment dba Wild Waves Theme Park shall retain the right to rescind this MOU at its sole discretion. The only limitation is for NorPoint Entertainment dba Wild Waves Theme Park to provide this notification in writing to the City at least sixty (60) days prior to the scheduled event dates listed above (in order to allow the City adequate time to relocate and notify participants). 5. INDEMINFICATION: NorPoint Entertainment dba Wild Waves Theme Park 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 NorPoint Entertainment dba Wild Waves Theme Park, its employees, agents, or contractors, which may arise out of this MOU. 6. INDEMINFICATION: The City shall indemnify and hold harmless NorPoint Entertainment dba Wild Waves Theme Park 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 MOU. 7. COUNTERPARTS CONSITITUE ONE INSTRUMENT: This MOU may be executed in counterparts, including facsimile and email/PDF, each of which when so executed and delivered shall be deemed an original, and such counterparts taken together shall constitute one instrument. 8. ENTIRETY: This MOU contains all of the agreements of the City and NorPoint Entertainment dba Wild Waves Theme Park with respect to any matter covered or mentioned in this MOU. IN WITNESS WHEREOF, the City and NorPoint Entertainment dba Wild Waves Theme Park have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FED L WAY By: /W 4,-- Cary M. Roe, .E., Director Parks, Public Works/Emergency Management 33325 8t'' Ave S Federal Way, WA 98003 APPROVED AS TO FORM: ATTEST: City Attorney, Patricia A. Richardson ity Clerk, Carol McNeill , CMC WILD WAVES THE By: Todd Suchan, Gene al Manager NorPoint Entertainment dba Wild Waves Theme Park 36201 Enchanted Pkwy S. Federal Way, WA 98003 k: \contract\2013\2013 -14 recycling events - site use.docx