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AG 00-151DATE IN: DATEpU : Cr /� TO: -- -Z q3 CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW /SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT. /DIV.: RC- 2. ORIGINATING STAFF PERSON' : J ch roc( eY 4. TYPE OF DOCUMENT REQUESTED [CHECK ONE]: ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABOR AGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT (LESS THAN $25,0003 ❑ PURCHASE AGREEMENT [MATERIALS, SUPPLIES, EQUIPMENT) ❑ REAL ESTATE PURCHASE S SALES AGREEMENT 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: ❑ SECURITY DOCUMENT (E.G., AGREEMENT S PERF/MAIN B $SIGNMENT OF FUNDS IN LIEU ❑ CONTRACTOR SELECTION DOC [E.G., RFB, RFP, RFC') ❑ CONTRACT AMENDMENT ❑ EASEMENT [I J l OTHER ca � ' Il ❑ CDBG e_ t�PJ 1 in c i • ' clouili LI 1-i-4-1 SO(0 p 1-1 044' s fj AG A: FEDERAL WAY CITY ATTORNEY TYPE OF PERSON OR ENTITY (CHECK ONE]: PHONE: ❑ INDIVIDUAL ❑ SOLE PROPRIETORSHIP STATE: TAX IDA /SS A: ❑ PARTNERSHIP ❑ CORPORATION SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHIBIT A - A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES OR SCOPE OF WORK, INCLUDING COMPLETION DATE FOR EACH PHASE OF WORK AND LOCATION OF WORK. (l /� 9. TERM: COMMENCEMENT DATE: (MIA I' �0O COMPLETION DATE: V L \I1�! 0I 1 1 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, 1 ANY] (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSES: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 1S SALES TAX OWED? ❑ YES ❑ NO 10. SELECTION PROCESS USED [CHECK ONE]: 11. ❑ REQUEST FOR BIDS ❑ REQUEST FOR PROPOSALS CONTRACT REVIEW �ECTOR ❑ LAW. (ALL CONTRACTS) RISK MANAGEMENT (ALL CONTRACTS EXCEPT AMENDMENTS, CONTRACTOR SELECTION DOCUMENT) ❑ HUMAN SERVICES 11. CONTRACT SIGNATURE ROUTING ❑ LAW DEPARTMENT IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ REQUEST FOR QUOTES ❑ ARCHITECT & ENGINEER LIST ❑ REQUEST FOR QUALIFICATIONS ❑ SMALL WORKS ROSTER ❑ CITY.. MANAGER ITY CLERK ❑ SIGN COPY BACK TO ORIGINATING DEPT. ❑ ASSIGNED AG A \V ❑ PURCHASING: PLEASE CHARGE TO: INITIAL/DATE APPROVED INITIAL/DATE APPROVED Pfrk / /s7cv COMMENTS n /6d WHITE - 091019AL srAVe WITH CONTRACT CANARY - CLERK TO =TAFF PINK - LAW LIEF,. GOLDENROD - ORIGINATING STAFF L0492 (REV 11/99] • AGREEMENT BETWEEN THE CITY OF FEDERAL WAY, KING COUNTY AND SOROPTIMIST FOR THE MAINTENANCE OF THE FLAGPOLES AND FLAGS ALONG CAMPUS WAY AND AT THE KING COUNTY AQUATIC CENTER This Agreement is made and entered into by and between the City of Federal Way (hereinafter "City "), King County (hereinafter "County ") and the Soroptimist International of Federal Way, a non - profit organization, (hereinafter "Soroptimist "), collectively "Parties ". 1. The Parties share the common goal of maintaining the existing flagpoles and flags along Campus way and the Flag Day Ceremony that began in 1990. 2. The flagpoles, flags, and lights located on the Campus Drive right -of -way create a unique and scenic entrance to the Weyerhaeuser King County Aquatic Center, a showcase facility. The Aquatic Center is used for national and international events, and is a major part of King County's recreational system. 3. The cooperation for the financial contributions and maintenance of the flagpoles and flags provides the unique opportunity to combine the resources of the City, the County, and the Soroptimist to continue the scenic flags along Campus Way at a quality and cost efficiency greater than if either individually assumed responsibility. 4. The City, the County and the Soroptimist can achieve cost savings and benefits in the public interest by combining their efforts to assume certain responsibilities for the maintenance of the flagpoles and flags, and for the Flag Day Ceremony; NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: I. PURPOSE The purpose of this Agreement is to establish the responsibilities of the Parties to ensure that the flagpoles and flags are maintained and to ensure that the Flag Day Ceremony will continue. 1 ORIGINAL II. CITY'S RESPONSIBILITIES 1. The City agrees to enter into a separate Purchase and Sale Agreement with the Soroptimist for the purchase of the flagpoles along Campus Way SW between 21st Avenue SW and 1st Avenue South. 2. The City agrees to annually purchase fifty (50) United States flags, and fifty (50) state flags for the display. 3. The City agrees to repair and /or replace damaged or destroyed flagpoles. III. COUNTY'S RESPONSIBILITIES 1. The County agrees to reimburse the City the cost of electrical power for the lights highlighting the flagpoles and flags. 2. The County agrees to purchase and provide maintenance for the light bulbs highlighting the flagpoles and flags. IV. SOROPTIMIST'S RESPONSIBILITIES 1. The Soroptimist has the discretion whether to maintain the trademark "Flag City, U.S.A." 2. The Soroptimist agrees to annually take down the flags and replace them with new flags. 3. The Flag Day Ceremony is a patriotic celebration of the American and state flags held annually in June. The Soroptimist agrees to conduct the annual Flag Day Ceremony. V. INDEMNIFICATION The County, City and Soroptimist agree respectively to indemnify, defend, and hold one another harmless to the full extent of the indemnitor's negligence as permitted under Washington law. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. INSURANCE 1. It is hereby understood and agreed: a) that the City shall obtain and maintain General Liability Insurance in an amount not less than ONE MILLION DOLLARS 2 • ($1,000,000) combined single limit ; b) that the County is self - insured for its General Liability and will provide a certificate of insurance as required in Paragraph VI.2 of this Agreement; c)that the Soroptimist shall obtain and maintain General Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit. 2. Each Party shall provide the other Party with a certificate of liability insurance. Insurance coverage shall be maintained at all times for the duration of this Agreement. VII. GENERAL PROVISIONS 1. Term. This Agreement, is for a period of three (3) years, commencing when signed by all parties, and continuing through June 30, 2003. Thereafter, beginning annually on July 1, this Agreement shall automatically renew on a year -by -year basis, unless one of Parties seeks to terminate. Any party may terminate the Agreement by giving notice in writing to the other Parties no less than ninety (90) days prior to the automatic renewal date. Nothing here shall limit, waive, or extinguish any right or remedy provided in the Agreement or law that any Party may have in the event that the obligations, terms, and conditions set forth in this Agreement are breached by the other Party. 2. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 3. Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 4. Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 5. Attorney Fees. In the event the City, the County or the Soroptimist defaults on the performance of any terms in this Agreement, and the Parties place the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 3 • 6. No Waiver. Any Failure by a Party to immediately declare a breach or default upon occurrence thereof, or delay in taking any action in connection with such breach or default, shall not constitute a waiver of such breach or default. Any failure by a Party to declare a breach or default does not constitute a waiver of that Party's right to declare another breach or default. 7. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY By Imo.; f avid H. Moseley Its City Manager 33530 1' Way South Federal Way, WA 98003 Date: 0/6-0 SOROPTIMIST By: Rose Ehl, President By: KING COUNTY Rotes King County Executive 516 3`d Avenue Seattle, WA 98104 Date: S '2- I 00 APPROVED AS TO FORM: APPROVED AS TO FORM: gi/t- / 11 Lab C' S HG „/ T-040-7,, City Attorney 4 King County Prosecutor