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AG 19-178 - SKFR RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATINGDEPT./DIV- CA ORIGINATING STAFF PERSON: -3A-Sd p� �1- 4rj?u A..� EXT: 67b a _ 3. DATE REQ.BY: ASA C TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.Cl.,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 [MOTHER t+u 6yL'..w,Pef- PROJECT NAME: SKF T"m mik-S NAME OF CONTRACTOR: cSyy7W R14 fief Ar-Sc.uf— ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITT E 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 TERM: COMMENCEMENT DATE: VAe-jauS bAlr- 10J '2a11 COMPLETIONDATE: TOTAL COMPENSATION$ 0,00 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES 5�K�O IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES Ey"!VO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW /D T REVIEWED INITIAL/DATE APPROVED YPROJECTMANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW lZ J✓Ke 2et9 1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMNHTTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑ LA Ze1� IGNATORY ( 1,kYOE OR DIRECTOR) ❑ CITY CLERK • ❑ ASSIGNED AG# A ❑ SIGNED COPY RETURNED DATE SENT: ;OMMENTS: u9nIR INDEMNIFICATION AND INSURANCE AGREEMENT This Indemnification and Insurance Agreement("Agreement")is made between the City of Federal Way, a Washington municipal corporation ("City") and South King Fire&Rescue, a Fire District("SKF&R")(Together"Parties". A. SKF&R wish to conduct rescue swimmer drills and training at the Steel Lake Park swim area and beach("Facility") on various dates during 2019 ("SKF&R Training Events"); and B. The City wishes to cooperate by allowing SKF&R to use its Facility at, 2410 S 312 ' Street, Federal Way, WA 98003, at no cost for the SKF&R Training Events. NOW, THEREFORE, the Parties agree as follows: 1. Indemnification. In consideration of the City authorizing its use of the Facility, SKF&R agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from,resulting from, or connected with this Agreement or the use of the Facility or relating to the Training Events to the extent caused by the acts, errors or omissions of SKF&R, its partners, shareholders,agents,employees,invitees or by SKF&R's breach of this Agreement. 2. Insurance. SKF&R agrees to carry as a minimum: a. The following insurance covering the dates of all Training Events commercial general liability insurance with combined single limits of liability not less than$2,000,000.00 for bodily injury,including personal injury or death,products liability and property damage liability for all damage arising out of injury to or destruction of property b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. In such forms and with such carriers as are satisfactory to the City. The City shall be named as additional insured on all such insurance policies. SKF&R shall provide a certificate of insurance evidencing such coverage and, at the City's request,furnish the City with copies of all insurance policies and with evidence of -1- payment of premiums or fees of such policies. SKF&R's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 3. Term. this agreement is in effect from June 1, 2019 until December 31, 2019 4. General Provision. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,or files a lawsuit,each Party shall pay all its own attorneys'fees,costs and expenses. The venue for any dispute related to this Agreement shall be King County,Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. DATED the day and year set forth above. CITY OF FEDERAL WAY By: Jim Ferrell,�ayor33325 e AS Federal Way, WA 98003-6325 ATTEST: lerk, Stephanie C ey -2- APPROVED AS TO FORM: City Attorney, Ryan Call SOUTH KING FIRE &RESCUE B . Ngna y (Name) Its: (Title) (Address) al (Phone) -3-