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AG 98-179 OATE OUT: To; ,I c: CITY OF" F"EDERAL WAY LAW DEPARTMENT REQUEST FeR CeNTRACT PREPARATleN/DocUMENT REVIEW/SIGNATURE ReUTING SLIP 1. ORIGINATING DEPT./OIV.: _EXT 3. DATE REQ. By: 2. ORIGINATING STAF"F" PERSON: 4. TYPE OF" DOCUMENT REQUESTED (CHECK ONE): 0 PROFEBB'ONAL BERVICES A"REEMENT 0 MAINTENANCE/LABOR A"REEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBL'C WORKB CONTRACT 'L... TMAN '..,DDDI 0 SECUR'TV DOCUMENT «..., A.._E~ . .E.r/M~N OCND, A"'.NMENT Dr FUN.' 'H LOEU ar ODHD' 5. PROJECT NAME: 0 CONTRACTOR SELECTION DOCUMENT IE.... RFO, OF" OFIJI 0 CONTRACT A ~~A"MENT ,/"""JTHER 6. NAME OF CONTRACTOR: ADDRESB: PHONE: TYPE OF" PERSON OR ENTITY (CHECK ONEI: 0 INDIVIDUAL 0 PARTNERBH'P 0 SOLE PROPRIETOROH'P STATE: 0 CORPORATOON TAX 10#/BB#, SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH EXHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF" THE SERV'CES OR SCOPE OF" WORK, INCLUDING COMPLETION DATES F"OR EACH PHABE OF" WORK AND LOCATION OF" WORK. B. TERM: COMMENCEMENT OATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (INCLUDEB EXpENBES AND SALES TAX, IF" ANY) <Or eALCULAUD DN NDUOLT LA'DO CHAO.E . AmCM .eNEDUL" ar EM"DY«O T'TLEO AHa HaUOLY "T'" REIMBURSABLE EXPENSES: OVES ONo IF" YES, MAXIMUM DOLLAR AMOUNT: $ 15 SALES TAX OWED? 0 VES ONo IF" YES, $ PAID BY: 0 CONTRACTOR OCITY 10. SELECTION PROCESS USED (CHECK ONE): 0 REQUEST FOR B,os 0 REQUEST FOR PROPDSALS 0 R'QUEST FOR QUOTES 0 REQUEST FOR QUALIF'CATIONS 0 ARCH'TECT & ENG'NEER LIST 0 BMALL WORKS ROSTER 1 1. CONTRACT REVIEW INITIAL/DATE ApPROVED 0 DIRECTDR 0 LAw (ALL CDNTRACTS) ¿'K MANA"EMENT \0 - '\ Id\\'\t Ð - 'Ü~l \ "Iß tALL CCNT"CT' ~CEaT AME"aME"TO, caMT"CTao "LECT,a" aDcuMEMT> G;URCHABIN" 12. CONTRACT SIGNATURE ROUTING ~AW DEPARTMENT 'TY MANAGER . "'::OL:::y SACK TO OR""NAT'NG DEPT, .ASS"'NEDAG# 0/8-171 0 PURCHAS'N": PLEASE CHAR'" TO: INITIAL/OATE ApPROVED ~~~ COMMENTS WH"E' DO'C'HAL nAVO W'YH eONVOAe, CAHARY' CLEO' 'D "vm "HO. L'W cm. aDLDEHRDC' OO'.'NATOH. .vm LC49Z 'REV."" 1'~' 171 City of Federal Way 33530 1st Way S. Federal Way, WA 98003 Attn: City Attorney's Office mTERLOCALAGREEMENTFOR EMERGENCY SHELTER FACILITIES This Agreement is hereby entered into by and between the City of Federal Way ("the City") and the Federal Way School District ("the District"). WHEREAS, public agencies such as the City and the District are authorized to enter into interlocal cooperative agreements with other public agencies pursuant to Ch. 39.34 RCW; and WHEREAS, the City and the District wish to ensure that sufficient facilities are available in the event that an emergency or disaster creates a need for emergency shelters; and WHEREAS, the District has facilities which would be suitable for use as emergency shelters; and WHEREAS, the District is willing to make such facilities available to the City in the event of an emergency or disaster; NOW, THEREFORE, the City and the District agree as follows: I. ~. The purpose of this Agreement is to allow for the use of emergency shelter facilities by the City's residents in the event of an emergency or disaster, by allowing the use of the District's facilities for such purposes. 2. Definitions. As used in this Agreement, the following terms shall have the meanings indicated: a. "Emergency": Any disaster, event, occurrence, or other circumstance which causes displacement of persons from their homes in such numbers as to reasonably necessitate the organized provision of temporary shelter facilities. -1- ORIGINAL b. "Designated Facilities": Those facilities maintained by the District which are capable of accommodating persons displaced from their homes and the use of which is agreed to by the District. 3. Emergency Availability of Facilities. In the event of any Emergency, and upon request by the City Manager or his/her designee, the District agrees that after meeting its responsibilities to its students/staff/members, it will permit, to the extent of its ability, the use of its Designated Facilities as shelters as necessitated by the Emergency. Designated Facilities will not be made available when students are present for the regular school session. 4. Use of Facilities. When Designated Facilities are made available pursuant to paragraph 3, the allowed uses shall include temporary residence for displaced persons, as well as community gatherings and outreach. Such uses shall be allowed so long as the Emergency shall continue. The City agrees that it shall exercise reasonable care in the conduct of its activities in such facilities. 5. Reimbursement. The City shall reimburse the District in a timely manner for all costs reasonably incurred by the District arising out of the use of any Designated Facilities pursuant to this Agreement. Such costs may include, without limitation, expenses for staff supervision of the use of Designated Facilities, custodial costs, and costs of any supplies used, but shall not include any rental, power, gas or electric costs associated with the use of the Designated Facilities. 6. Inspection and Damage. a. No modifications or changes will be made to the Designated Facilities by the City without the express approval of the District. b. Prior to occupancy, representatives of both the City and the District will inspect the Designated Facilities and will note any discrepancies on the inspection form, and/or this Agreement. c. Prior to vacating the Designated Facilities, representatives of both the City and the District will again inspect the facilities to note any discrepancies. Normal wear and tear is considered to be the responsibility of the District. d. The Designated Facilities will be returned to the District in the same condition, reasonable wear and tear excepted, as when the City occupied the facilities. -2- 7. Indemnity. The City agrees to defend, hold harmless, and indemnify the District against any legal liability in respect to bodily injury, death, and property damage arising from the negligence of the emergency relief operation during the use of the Designated Facilities. 8. Duration and Termination. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either party shall notify the other of its intention to terminate the Agreement. This Agreement shall terminate fourteen days following the provision of such notice in writing; provided, however, that if the City is using the Designated Facilities at the time of the District's notice of termination this Agreement shall not terminate until the City has had a reasonable time to relocate such displaced persons. Upon termination, all property theretofore owned by the District shall remain property of the District. 9. Administrator. The Superintendent of the District or his/her designee shall administer this Agreement by responding to City requests for use of Designated Facilities and by performing any other administrative tasks necessitated by this Agreement. 10. Authority. Each party acknowledges that the person signing this Agreement on behalf of the party has the authority to act on behalf of the party and to enter into this Agreement. 11. ~. Failure by any party to this Agreement to enforce any provision of this Agreement or to declare a breach shall not constitute a waiver thereof, nor shall it impair any party's right to demand strict performance of that or any other provision of this Agreement any time thereafter. 12. Entire Agreement. This Agreement represents the entire Agreement between the parties. No change, termination or attempted waiver of any of the provisions of the Agreement shall be binding on any party unless executed in writing by authorized representatives of each party. The Agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 13. Governing Law and Filing. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the State of Washington. This Agreement shall be filed with the Secretary of the Board of Directors of District No. 210, the City Clerk of the City of Federal Way, and the King County Records and Election Division. 14. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder shall not be affected. The Parties have caused this Agreement to be executed on the dates written below. -3- CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT By: By: ~IJ~ om . Vander Ark, Its Superintendent ð~ fig 91?! '1 J> Date Date Approved as to Form: School District Attorney -4- STATE OF WASHINGTON COUNTY OF KING ) ) ss. ) On this day, personally appeared before me, the und&rslßne~~t ~ Public in and for the State of Washington, duly commissioned and sworn, K'èh'ii:& "" g, to me known to be th~ÔÌy Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. GiVe}~ú~~~ and official seal this ~'--day of ~19..:LÇ! :-~ '-"""""'" °L.,', ~ dJ~. - - :s"-",' " ..', ~ f :r ;~\ ca ~ (notary signature) . ~ ~ ~ -4..:~ j : /J¡<J/04 U/O:A>-,FWA\Ç¿ ~, .... \, j'B~~~ f : (typed/printed name of notary) , -.., '. -1ลก..'Jo. " .. " ,,~ .,."""",,-,¡: Notary Public in and for the State "11,0,.." ......-- of Washington. h"",..." My commission expires: ¿ - /5 -OJ- . STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me, Thomas J. Vander Ark to me known to be the Superintendent of the Federal Way School District, the School District that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said District, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. , 1998. (typed/prin name of notary) Notary Public in and for the State of Washington. My commission expires: 6/1/99 -5-