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AG 14-019DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: CuRus TUCKER EXT: 6737 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABORAGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) • PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ CONTRACT AMENDMENT AG #: • CDBG • OTHER 5. PROJECT NAME: Pacific Raceways 2014 Track Use Asreement 6. 7. 9 10. 11. NAME OF CONTRACTOR: PACIFIC RACEWAYS ADDRESS: SIGNATURE NAME: TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: FEBRUARY 3, 2014 COMPLETION DATE: FEBRUARY 27, 2014 TOTAL COMPENSATION: $6,000 INCLUDE EXPENSES & 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 CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT ❑ LAW P(& 1 • Z. 1 CONTRACT SIGNATURE ROUTING INITIAL/DATE APPROVED INITIAL/DATE APPROVED • LAW DEPARTMENT • CITY MANAGER • CITY CLERK cI Y� t. zo . l _ • SIGN COPY BACK' TO ORGINATING DEPT. • 2 •1 • ASSIGNED AG# j -y " © t9 n 1 1 El PURCHASING: PLEASE CHARGE TO: 001 - Z 1 OO- 09 0 r X21— It-490 COMMENTS: 10/09/02 2014 TRACK USE AGREEMENT RACE. TRACK, LLC d/b /a PACIFIC RACEWAYS agrees that Federal Way Police Department (Lessee) may use PACIFIC RACEWAYS under.the following terms and conditions set forth for the date(s) shown in paragraph 21, page 4. 1. INSURANCE: Lessee must provide proof of spectator and participant liability of no less than $1,000,000 for each individual; $5,000,000 per occurrence or purchase same from Pacific Raceways. Your Certificate of Insurance showing Pacific Raceways, Pacific Raceways, INC., Race Track, LLC., J Dan Fiorito, Jr., Jason Fiorito, and Andrea Kester as co- insured under your insurance policy is due in this office, no later than seven days prior to the event. The certificate must also state the type of event you are having as well as the date of your event. Lessee is required to provide the Pacific Raceways office with any and all accident information that occurs during your event(s). 2. AUXILIARY EVENTS: No auxiliary events are allowed, according to the King County Conditional Use Permit governing Pacific Raceways. No bands or music without written approval from Pacific Raceways. 3. EXCLUSIVE USE: This agreement does not mean that exclusive use will take place during all events. In some cases construction workers or other uses of the facilities at Pacific Raceways will take place during some club events. Setup, tear down and other activities can take place throughout the race facility. Lessee will not sub -rent track or any portion of it to another organization including, but not limited to, schools, race clubs, race teams, dealerships, etc. without the express written consent of Pacific Raceways. Lessee Sponsor participation in the event including, but not limited to, all sponsor displays, promotional displays and the allocation of display space at the event shall be subject to the exclusive control of Pacific Raceways. Pacific Raceways shall have the right to determine the size, layout and location of each and every component of the event, including without limitation the contestant pit area, the display midway, retail sales location, and all other aspects of the facility. 4. ORDINANCES: LAWS: It is the responsibility of each club, group or organization to abide by all Federal, State and County Laws, ordinances or regulations. Any and all regulations or restrictions by governing agencies must be adhered to for proper activities' presentation and future use of Pacific Raceways. Events projected for 3,000 or more paid spectators in attendance require King County Police for traffic and Fire Truck standby. A Pacific Raceways event promoter pre - planning meeting will be required to assure compliance. 5. FACILITY HOURS OF OPERATION NOISE CONSTRAINTS: No race vehicles may operate before 9:00am or after the curfew listed below. No race vehicles are allowed on Monday or Tuesday unless it falls on a holiday. VIOLATION MAY LEAD TO THE IMMEDIATE SUSPENSION OF ACTIVITIES AND BANISHMENT FROM THE FACILITY. Written permission is required for any changes in the hours of operations. eptember,throttgh April: Wednesday -- ,;$Mday x.'uuam aw May through August VI%dnesday -- Friday 9 ::OOam iti 4OOpus.:- Wednesday - - Night 4;OQptgpti IO�dOpm Friday Night -- Saturday Night ' 4: 1. Saturday ' 9: `� Sunday -- Holidays 9:OOam t ptn 6. MUFFLERS: It is the responsibility of your organization to enforce current noise restrictions at all events. All road course participants are required to have street legal mufflers during practice and educational events on quiet days. 7. NEIGHBOR AGREEMENT: LESSEE WILL: A. Keep loud speaker volume low and use only for conducting the race. B. Not allow loud music or partying. C. Strictly observe lawful operating hours. D. Pay fines for violating curfew of agreed hours on the track and in the paddocks 1. For each race vehicle on the track or in the pits with its motor running before or after the agreed hours will be fined $100 per vehicle, per occurrence. 2. Fines levied against Pacific Raceways by any city, county, state, federal or any other agency embodied to do so, as a result of violations by Lessee, will be assessed to Lessee. 3. Should any legal action be brought against Pacific Raceways as a result of curfew violations by Lessee, resulting in a loss of revenue, said loss will be assessed to Lessee. S. WAIVER AND RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT: LESSEE WILL defend, indemnify and hold harmless RACE TRACK LLC d/b /a PACIFIC RACEWAYS, PACIFIC RACEWAYS INC J DAN FIORITO JR., JASON FIORITO, ANDREA KESTER, all officers and directors of Race Track, LLC d/b /a Pacific Raceways, Pacific Raceways, Inc. and all vendors of Race Track, LLC d/b /a Pacific Raceways, and of Pacific Raceways, Inc. from all claims resulting from (whether threatened or real) litigation (whether threatened or real), and Lessee agrees to pay all judgments or settlements relating to such pending or threatened claims and/or litigation and to pay all costs of defending such claims and/or litigation including attorneys' fees and costs. LESSEE HEREBY RELEASES WAIVES DISCHARGES AND COVENANTS NOT TO SUE the promoter, participants, racing association, track operator, track owners, land owners, and each of them their undersigned, his personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or demands therefore, because of injury to the person or property or resulting in the death of anyone on Pacific Raceways property, whether caused by the negligence of releases or otherwise during their term of this agreement. It is the responsibility of Lessee to conduct its events in the safest possible manner, some events may be required to have a Pacific Raceways representative in attendance during the event. It is the responsibility of Lessee to inspect the race track prior to it's' use during all scheduled activities to insure the safety status of the racing surface, surrounding areas and that it is suitable for intended use. 9. FACILITY USE: Lessee assumes all responsibility for damage to, or clean-up of: all pit areas, racing surfaces, fences, guard walls, barriers, buildings, furnishings and other property of Pacific Raceways. The facility will be returned in the same condition that existed prior to the event or shall pay Pacific Raceways to perform any necessary repair or clean up. The track will be swept by Pacific Raceways at the conclusion of each event day. Sweeping charges will apply to each day of lessees' event(s). See addendum A for pricing. 10. ALTERATIONS: Prior approval must be obtained before altering the appearance of Pacific Raceways, i.e., placing tires, painting of any structures or asphalt. Chalk is recommended for any marks on the asphalt. You will be charged for clean up of unauthorized altering of the Pacific Raceways facility. 11. PITS/PADDOCK/PRE GRID AREA: All events including driver schools are required to use upper pits/paddock. No pitting in the hot pits adjacent to the Pacific Raceways straight -away. No children under the age of 14 in the hot pits. No pre grid by the fuel pumps. DO NOT BLOCK ANY ROAD WAYS OR FIRE LANES. 2 12. SPONSOR APPROVALS: Pacific Raceways has contractual agreements with several sponsors. To insure no conflicts of interest, prior written approval from Pacific Raceways is needed for any promotional tie -in or sponsor for your activity. 13. RACING FUEL: Sunoco is the official racing fuel of Pacific Raceways. Sunoco fuel will be available at all events. No other racing fuel may be sold on Pacific Raceways' property. 14. ALCOHOL CONTROL: No alcoholic beverages may be brought onto Pacific Raceways' property. Alcohol must be purchased through Bigfood (Alacart, Inc.). If alcohol is sold at Lessee's event, Lessee is expected to abide by Washington State Liquor Control Board Rules and regulations. 15. CONCESSION: Bigfood (Alacart, Inc.) has food and beverage concession — breakfast, lunch, dinner, snacks — and alcohol sales rights at Pacific Raceways. Prior written approval must be obtained before selling or giving away any food or beverage product. 16. CATERING: Bigfood (Alacart, Inc.) is the official caterer of Pacific Raceways and has the exclusive rights to supply all food and catering during all events. No other caterer is allowed at Pacific Raceway, unless prior agreement between Lessor and Lessee. A $700 buy -out penalty may be assessed if Lessee fails to adhere to paragraphs 15 and 16. 17. MERCHANDISE SALES: It is the responsibility of the Lessee to ensure that all club vendors and/or sponsors selling and/or displaying merchandise at Pacific Raceways be properly licensed to conduct business in the State of Washington and King County. Clubs will be responsible to ensure club vendors and sponsors are collecting the appropriate taxes. Clubs will be responsible to ensure that all club vendors and sponsors submit a certificate of insurance in accordance with paragraph I to Pacific Raceways prior to the club event. Pacific Raceways or it designee or designees shall have exclusive right to sell or to permit others to sell merchandise items at the facility during all events including but not limited to T- Shirts, hats, jackets, visor, other apparel, patches, pennants, pins, watches, jewelry and any other type of souvenir or novelty items. Such items may, but need not be identified with Pacific Raceways or the event. Notwithstanding the foregoing, clubs shall have the right to sell club - identified merchandising items at their events. Clubs may only sell merchandising items identified with and predominantly bearing the Club name and/or logo. 18. REGISTERED TRADEMARK: Race Track, LLC, D/b /a Pacific Raceways is the registered trademark for Pacific Raceways, INC. Any use of the name on souvenir items or unauthorized use is strictly prohibited. Event entry forms, flyers or newsletters, event posters or media promotion for approved or authorized activities are acceptable (provide Pacific Raceways with a copy of any promotional material). Other such uses require written approval by Pacific Raceways. Any unauthorized use is punishable by law. 19. CHANGES TO CONTRACT: Requests for changes to this contract by Lessee must be made in writing only and shall be delivered fourteen (14) days prior to your rental date, Pacific Raceways will respond within seven (7) days of your rental date. This contract contains five (5) pages and constitutes the complete agreement with Pacific Raceways. There are no other verbal agreements, assumed or implied. An event check list and Addendum A with the vendor names, phone numbers, prices and requirements is attached as an addendum to your contract. This contract allows titled group usage of Pacific Raceways as described for race, schools or practice dates. This contract is non transferable without the written approval of Pacific Raceways Sharing of race dates, schools, or practice dates with other organizations is strictly prohibited without written consent from Pacific Raceways. 20. RACE SCHEDULE: Pacific Raceways reserves the right, due to but not limited to regional or national sanctioning body scheduling, to change any and all race dates prior to February 15, 2014. Only unforeseen adjustments, outside the control of Pacific Raceways, would apply. Lessee will receive written notice about any changes. 21. RACE DATES AND FEE REOUIREMENTS: DAY OF WEEK DATE TYPE OF EVENT TIME OF EVENT COST_ Monday February 3, 2014 Police Training 24hr $750 Tuesday February 4, 2014 Police Training 24hr $750 Wednesday February 5, 2014 Police Training 24hr $750 Thursday February 6, 2014 Police Training 24hr $750 , P$UWgfak ,g 24hr Tuesda Polk a Training 24he— $739 — Wednesday February 26, 2014 Police Training 24hr $750 Thursday February 27, 2014 Police Training 24hr $750 Total Track fees: $6;000' PAYMENT REQUIRED WITH SIGNED CONTRACT BY: January 7, 2014 22. SECURITY: Arrangements for security will be made through the Pacific Raceways office. Only Pacific Raceways authorized security will be allowed on the property. 23. CAMPING: NO overnight camping for participants without overnight security. Security must be purchased from Pacific Raceways. NO open camp fires or BBQ's are allowed. 24. SANITATION: Pacific Raceways will make permanent restroom facilities available. If portable units are needed Pacific Raceways must receive written notification on your event check list. Clubs using turn workers will be charge for use of portable sanitation units whether requested or not. See addendum A for pricing. 25. RACE TIRES & FUEL BARRELS: Lessee will be charged a disposal fee of $50.00 per tire and $100.00 per fuel barrel for any tires or barrels that are left behind following use of Pacific Raceways. Lessee must remove the used tires and barrels from the Pacific Raceways facility, or your group will be charged for the disposal. 26. OIL DISPOSAL: Lessee assumes all responsibility for participants' oil disposal and chemicals deemed hazardous by the EPA. A $500 fine will be imposed per occurrence for illegally disposing of oil by your participants. Your organization will be responsible for any clean -up, legal action or fines brought against Pacific Raceways for illegal disposals. 27. MEDICAL RESPONSE AND AMBULANCE: Pacific Raceways will provide medical response (Race Rescue) for all Pacific Raceways events. Arrangements will be made through the Pacific Raceways office. Payment for the service is due and payable the day of the event. All activities, including drivers' schools are required to have a stand by medical response. Other medical response or ambulance services may be arranged by Lessee as noted and agreed to on Event Checklist. 28. GENERAL RENTAL EQUIPMENT: Pacific Raceways has an official rental company to supply all rental needs for tents, chairs, tables and general equipment. No other suppliers' of rental equipment is allowed at Pacific Raceways. See addendum A for pricing and contact information. 4 29. PA SYSTEM: Pacific Raceways will provide use of the Control Tower, 3rd floor only and the use of the PA system at an additional cost. Lessee accepts all responsibility for the equipment, and will use the room professionally. Smoking is not allowed in any tower room or suite. See event check list to request all suite access needed. Lessee will pay for any damages incurred during Lessee rental period. 30. PARKING LOTS: Spectator parking rights will be retained by Pacific Raceways, which has sole control over all parking lots during all events. 31. TICKETING: Lessee will recognize and honor Pacific Raceways season pass credentials. Lessee will provide Pacific Raceways with a minimum of ten (10) daily full event spectator passes to be used at the discretion of Pacific Raceways. Lessee must give a ticket or wristband to all racers, race crew, spectators, and press/media. During multiple day events tickets/wristbands will be required for re -entry after the conclusion of your event. Patrons without ticket or wristband present will be charged the current spectator admission. Lessee will make every effort to inform there patrons on how to regain entry into race park. Lessee will have all park entrants (racers, race crew, and spectators) sign a K & K insurance waiver, to be provided by Pacific Raceways. If Lessee has insurance other than K & K they will provide a copy of that company's waiver to Pacific Raceways for their approval one month before their first rental date. Upon approval by Pacific Raceways, Lessee will have all entrants sign that form. Copies of all waiver forms will be provided to Pacific Raceways by the end of that rental date. 32. REGISTRATION: Lessees' conducting a pre- registration day on the Friday before there event must use lower gate (gravel road) for racer entry unless other arrangements are made with Pacific Raceways. Signs must be placed directing patrons to the proper point of entry. Lessee must provide a person at the lower gate at all times when opened, checking all persons entering facility. Lessee may not allow entry for patrons that are not participating with there club event. 33. SETTLEMENT: Settlement payment will be invoiced to Lessee. This amount will be calculated by lessees' event check list and Addendum A price sheet. Lessee will be charged for all requested and used amenities. Settlement payment is due upon receipt of invoice. 34. RIGHTS AND OBLIGATIONS The parties agree that in the case of a sale of Pacific Raceways, INC and/or Pacific Raceways, Lessee hereby agrees to the assignment of this contract and its rights and obligations hereunder to the new owner of Pacific Raceways, INC and/or Pacific Raceways. Date• 114 _ by: Ax _Jr I` Date: _a by: ohn Ramsey — Pacific ways PACIFIC RACEWAYS 31001 144th AVENUE SE, KENT, WA 98042 Tel: 253- 639 -5927 FAX: 253 -639 -3002