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AG 16-149II RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAP 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 ❑ CONTRACTAMENDMENT(AG #): ❑ INTERLOCAL X OTHER - TRACK USE AGREEMENT 5J PROJECT NAME: PACIFIC RACEWAYS TRACK USE AGREEMENT 6. NAME OF CONTRACTOR: PACIFIC RACEWAYS ADDRESS: 31001 144Th AVENUE SE, KENT, WA 98042 TELEPHONE: 253- 639 -5927 E -MAIL: JOHNR(&,PACIFICRACEWAYS.COM FAX: 253 - 639 -3002 SIGNATURE NAME: JOHN RAMSEY TITLE: 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: JANUARY 1, 2017 COMPLETION DATE: FEBRUARY 21, 2017 9. TOTAL COMPENSATION $5,100 (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 X PURCHASING: PLEASE CHARGE TO: 001 - 2100- 094 - 521 -11 -490 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) am ❑ LAW �U /j�" / (v(rf � 1:1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE 4WD ❑ LAW DEPARTMENT 7& 12 PSI 1(p ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG -,4'q ❑ SIGNED COPY RETURNED DATE SENT: /Z 22'/t COMMENTS: Accounting Code: 001 - 2100- 094 - 521 -11 -490. At otk bAkili^& 1 `- 4104 t di`t, 'u•ivranct. 6�Q(ihcan dcPsrj t rek'ktA- or 66E- 4�,5\4ree4 � 5- 41'4, 1"4" r1ilum"I Sec, ROA .s eei -I'uive 'W -fib • oe i mt "+° de444 , �,�, 4),Or *Ayr404.444nea eV" ,rc.Rk`t lc s►irt 5 towc,(444 't'o ovr own atrke-45. 2017 TRACK USE AGREEMENT RACE TRACK, LLC d/b /a PACIFIC RACEWAYS agrees that Federal Way PD (Lessee) may use PACIFIC RACEWAYS under the following terms and conditions set forth for the date(s) shown in Section 20. 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. 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. Certificate of Insurance must show proof of PARTICIPANT LEGAL LIABILITY. 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 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. 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 Sheriff's Office for traffic and Fire District 44 for standby assistance. 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:OOam 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. Facility hours of operation DO NOT mean contracted hours, which are provided in Section 20. May through Augus 1: We Wednesday -- Friday Wednesday - - Night Friday Night -- Saturday Night Sunday -- Holidays Pm 9:OOam to 5:00pm 5:O0pm to 10:00pm 5:O0pm to 11:OOpm 9:OOam to 5:OOpm 1 6. MUFFLERS: It is the responsibility of your organization to enforce current noise restrictions at all events. 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 $300 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. 8. INDEMNIFICATION City Indemnification. Lessee agrees to indemnify, defend, and hold RACE TRACK LLC d/b /a PACIFIC RACEWAYS, PACIFIC RACEWAYS, INC., its officers, directors, shareholders, partners, employees, and agents 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, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of Lessee, its employees or agents. 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 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. 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. Lessee will be charged for clean-up or unauthorized altering of the Pacific Raceways facility. 11. 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. 12. 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. 13. 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. 2 14. CONCESSION: Bigfood (Alacart, Inc.) has food and beverage concession — breakfast, lunch, dinner, snacks — and alcohol sales rights at Pacific Raceways. Prior approval must be obtained before selling or giving away any food or beverage product. 15. 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 14 and 15. 16. 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 1 to Pacific Raceways prior to the club event. Pacific Raceways or its designee or designees shall have exclusive right to sell or to permit others to sell merchandise items at the facility during all events. 17. 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. 18. CHANGES TO CONTRACT: This contract constitutes the complete agreement with Pacific Raceways. There are no other verbal agreements, assumed or implied. An event check list and 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. 19. 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, 2017. Only unforeseen adjustments, outside the control of Pacific Raceways, would apply. Lessee will receive written notice about any changes. 20. RACE DATES AND FEE REQUIREMENTS: DAY OF WEEK Wednesday Thursday Friday Thursday Friday Monday DATE TYPE OF EVENT January 25, 2017 Police Training January 26, 2017 Police Training January 27, 2017 February 9, 2017 February 10, 2017 February 20, 2017 Total track fees: $5,100 Police Training Police Training Police Training Police Training TIME OF EVENT 24hr 24hr 24hr 24hr 24hr 24hr PAYMENT REQUIRED WITH SIGNED CONTRACT BY: December 19, 2016 COST $850 $850 $850 $850 $850 $850 21. SECURITY: Any racers or race organizers staying overnight will need to contact Pacific Raceways for overnight security a minimum of two weeks prior to the event. 3 22. OVERNIGHT: Overnight stays are Pacific Raceways are restricted to participants only and may not impact quiet days (including Mondays and Tuesdays) or other track rental customers. Furthermore, overnight stays are restricted to certain areas of Pacific Raceways, per the raceways Conditional Use Permit. Overnight stays must be arranged for in advance with permission from Pacific Raceways. Overnight stays shall include security (see Section 21). 23. SANITATION: Pacific Raceways will make permanent restroom facilities and a set number of portable units available. If additional portable units are needed, Pacific Raceways must receive written notification on your event check list. 24. 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. It is the responsibility of Lessee to remove the used tires and barrels from the Pacific Raceways facility. 25. 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 participants. Lessee will be responsible for any clean -up, legal action or fines brought against Pacific Raceways for illegal disposals. 26. MEDICAL RESPONSE AND AMBULANCE: Pacific Raceways will provide - at a cost - Basic Life Support (BSL) medical response for all Pacific Raceways events, unless otherwise notified on the Event Checklist. 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 standby medical response. Other medical response or ambulance services may be arranged by Lessee as noted and agreed to on Event Checklist. 27. PA SYSTEM: Pacific Raceways will provide use of the Control Tower and the use of the PA system at an additional cost. Lessee accepts all responsibility for the equipment. Smoking is not allowed in any tower room or suite. See event check list to request for details. 28. PARKING LOTS: Spectator parking rights will be retained by Pacific Raceways unless prior agreement is made. 29. TICKETING AND WAIVERS: 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 is responsible for having all participants, race officials and workers, and, in some cases, spectators sign an insurance waiver. Copies of all waiver forms will be provided to Pacific Raceways by the end of that rental date. 30. REGISTRATION AND EARLY ENTRY: If Lessee provides early event registration or early event entry into Pacific Raceways prior to the contracted date(s), prior approval must be obtained. Pacific Raceways reserve the right to manage early entry and early pit parking based on its event schedule. 31. SETTLEMENT: Settlement payment will be invoiced to Lessee. Settlement payment is due upon receipt of invoice. 32. 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. 4 -Aer°\''d as eL�- AtAyt, Date: 12/1_ ) (1 by. •_A••■- John Ramsey — Pacific aceways PACIFIC RACEWAYS 31001 144th AVENUE SE, KENT, WA 98042 Tel: 253- 639 -5927 FAX: 253- 639 -3002 Email: johnr @pacificraceways.com 5