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AG 97-162 ROUTING SLIP ',- " -" ----p 1. -~~;GINA~ING OEPT./OIV.: 0-r1C 5 2.C~~1:~1l;~:£..¡..F PERSCN:--J On J'tÚrJ 9 tL> EXT;'-ItJLf63. DATE REQ. By: '/3/ 1 c¡ 7 4. TYPE CF DCCUMENT REQUESTED (CHECK CNE): 0 PRDF£SSIDNAL SERVIC£B AGR££M£NT 0 MAINUNANCE/LABDR AGREEMENT 0 PUBLIC WDRKS CDNTRACT 0 SMALL PUBL'C WDRKB CDNTRACT ILn. THAN .".0001 0 S£CURITY DDCUM£NT «.... A.S"HFNT & P<S"MA'N BaNe, AS.'.NHFNT 0' FuNe. 'N LOFU e. BONe' 0 PURCHAB£ AGR£EMENT 'MAUS"", Bu..un, EOU'.H<NV> 0 CDNTRACTDR S£LECTIDN CDCUMENT «,... R,B, RFP, RoOI 0 CDNTRACT AMENDMENT 0 EAB£M£NT £...OTHER ~ te, loca ,I AG#: 0 R£AL EBTAT£ PURCHASE .. SAL£S AGRE£M£NT S. PRO.JECT NAME: ('()CU¡::-íu.J2i/) £fen, --::DeS¡'tjn ¡-:J::;I2J)¿!OprnetJ-f- ~ :::r; /' .~ S' I.. -,..., (!fY] 5 rF. 6. NAME OF CONTRACTOR: t),' /} r- l Á t" '-"'!WI.f-.¡¡' S:I-, I r ~ L.)¿$ [ ¡ V L. '--{ ADDRESS: PHCNE: TYPE CF" PERSCN CR ENTITY (CHECK CNE): 0 INDIV'DUAL 0 PARTN£RSHIP 0 SOLE PRDPRI£TDRBHIP STAT£: 0 CDRPDRATIDN TAX IC#/SS#: SIGNATURE NAME: T'TLE: 7, SCOPE OF WORK: ATTACH EXH'SIT A - A CCMPLETE AND DETAILED DESCRIPTICN CF TH£ SERVIC£S OR SCCPE CF WCRK, INCLUDING CCMPLETICN DATES FCR EACH PHASE CF WCRK AND LCCATICN CF WCRK. B. TERM: CCMMENCEMENT DATE: COMPLETICN DATE: 9. TOTAL COMPENSATION: $ !INCLUDES EXPENSES AND SALES TAX, IF" ANY) '" OA.CU~Ue ON HOUS.T ~.aS CHAS.F - A<TAOH SOH<OU'" C, 'H,.ovm T'T.'S ANO HOUS.Y RATn, REIMSURSASLE EXPENSES: DYES ONc IF YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OW£D? 0 T£s 0 No IF Y£S, $ PAID SY: 0 CONTRACTOR 0 CITY 10. SEL£CTICN PRCCESS USED (CH£CK ONE): 0 R£GUEST FDR SIDe 0 R£GU£BT F"DR PRDPDSALS 0 R£GU£ST FDR QUDT£S 0 R£GU£ST FOR QUALIF"ICATIDNS 0 ARCHITECT .. ENGIN££R LIST 0 SMALL WDRKB RDSUR 1 1. CONTRACT REVIEW INITIAL/OATE ApPRCVED 0 C'TY CLERK ~ S'GNED CDPY BA'J"\Tt-¡""JGIPj"T'NG D£PT. 0 ASSIGN£D AG # ':1 {¡?Á../ 0 PURCHASING: PL£ASE CHARG£ TD: CIR£CTDR -.:::;¿ - AW (ALL CDNTRACTS) ~- ?y¿::: '~~~;::CTT",;'::~":"T~~: O"'~':,~ Md- ( tuIit~J ~':L/~;~ ;;¡~CV1t Æt-tn " Su 12 ----- 77Jlé/rr ' I / y-6-c.Q.. 7 / 2-u / y 7 'Î I{ ';S' /61 12. CONTRACT SIGNATURE ROUTING !\ ¡ LAW CEPARTM£NT ~ITY MANAG£R COMMJ,~~ - ~~~ At~ s ~~ {~\~é~~Q) WHOTE - OR'"'HA. STATS WOTH COHTRAOT mR< Te ow. "ONK' .AW Om, GaLOENROO - OR'O'NAT'N" aTAT' LOA" '"F~ "9" A& q 7 - Ho2 II1'J.'BRLOCAL AGRBBIDD1T BBTWBD THB CITY 01' I'BDBRAL WAY MID I'BDBRAL WAY SCHOOL DJ:STRJ:CT BOs 210 I'OR DBSJ:GB, DBVBLOPIIBIIT MID COJISTRUCTIOB 01' JOII1'J.' SCHOOL U1D PAlUt I'ACILITIBS AT JIARJ; ftAIR BLBIDD1TARY SCHOOL This Agreement is made and entered into by and between the City of Federal Way (hereinafter "City") and Federal Way School District No. 210 (hereinafter "District"), collectively "Parties". 1. The City and the District share the common goal of seeking to develop joint school/park facilities at Mark Twain Elementary. 2. The development of joint school/park facilities provides the unique opportunity to combine the resources of the City and the District to develop the recreational sites at a level, quality and cost efficiency greater than if either entity individually developed its projects. 3. Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of local communities. 4. Both the District and the city can achieve cost savings and benefits in the public interest by combining their efforts to perform certain work during the design, construction and operations phases of the development of the Property; NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: I. DEI'J:N:IT:IONS The following definitions shall apply to this Agreement: ~ - The City of Federal Way. 1.1 1.2 District - Federal Way School District No. 210. Engineers - Any licensed engineer contracted by the City to carry out the purposes of this Agreement. 1.3 1.4 Existing Facilities - Play fields, basketball pads, hard surfaced play areas, and play ground equipment, all as shown in Exhibit A. ORIGiNAL ,.~ ., 1.5 1.6 1.7 1.8 1.9 1.10 New Facilities - To be determined in the preliminary design, all as described in Exhibit BA Parties - Shall indicate joint reference to the City of Federal Way and Federal Way School District No. 210. Project - The project involves renovation and construction of the existing multi-use sports field at Mark Twain Elementary School A The existing field is poorly drained, and difficult to access. The Scope of Work includes installing a new underground drainage system, retaining wall irrigation system, new topsoil and turf, backstop and soccer goals. The renovation will also improve the accessibility to the field. The field will be built for game regulation standards. The facility will serve the Mark TWain Elementary School, a low to moderate income neighborhood and the Federal Way Community A ~ - Mark Twain Elementary Parent Teacher Association. Landscape Architect - Contractor/landscape architect retained by the city, to provide the necessary professional services for the project. ~ - Mark TWain Elementary School grounds, described in Exhibit C, attached hereto. as legally :n:. PURPOSB Public Recreation. It is the intent of the Parties to renovate the site for maximum utilization including both school and public park purposes. Availability of Facilities, priorities and scheduling are referenced in the existing Interlocal Agreement (" Interlocal") between the City and District dated December 17, 1991, which is attached as Exhibit DA 3.1 3.2 J::n:. DBSJ:GII PHASB Preliminary Design and Budget. The city shall be responsible for overseeing the preparation of a preliminary plan and cost estimate for the Project. Public Meeting and ADDroval. The City held a public meeting on the proposed preliminary plan and its budget on August 1, 1995. After conclusion of such public meeting and comments on the proposed preliminary plan and budget, the preliminary plan was approved by the City Council. Following approval by - 2 - 4.1 4.2 4.3 4.4 4.5 5.1 5.2 the city council, and consistent with any direction provided, the city prepared a Final Design Specification and Budget for the Project. Final design shall be submitted to the city Council for approval. IV. APPLrCABLE PROCESS Compliance with Codes. The Project shall be developed pursuant to all applicable federal, state and City laws, codes, regulations, and ordinances. .aJŒAA This Project is subject to review under the state Environmental Protection Act. Pursuant to WAC 197-11-296, if two (2) or more agencies share in the implementation of a proposal, the agencies shall by agreement determine which agency shall be the lead agency. Pursuant to WAC 197-11-944, the District and the city hereby designate the City as the nominal lead agency, whereby the City shall be responsible for complying with the duties of the lead agency under all applicable SEPA rules. SEPA Checklist. The City shall be responsible for preparing the SEPA checklist and associated documents. The Parties shall equally share costs associated with SEPA compliance. SEPA Mitiaation Conditions. The Parties agree to cooperate and enter into all necessary agreements to carry out any mitigation conditions imposed as a result of the SEPA review process, which are not contemplated within the terms of this Agreement. Approval. Final Plan approval for the Project shall be complete upon the conclusion of the SEPA process and approval of Final Plan, including any required mitigation, by the District School Board and the Federal Way City Council. V. PRE-CONSTRUCTION PHASE Final Plans. Following all approvals described in Section 4.5 herein, the final construction plans, specifications and project manual will be prepared by the City for design. Final construction plans will be prepared by the City. Estimate of Costs. The city shall prepare a final probable cost of the Project, identifying construction costs. This estimate will be the basis for establishing the bid proposal - 3 - 5.3 5.4 5.5 6.1 8.1 9.1 lump sum base bid, alternatives and requests for unit price. The estimate shall be reviewed and approved by the City. Acceptance of Bids. The City shall be responsible for overseeing and coordinating the bidding phase. This coordination shall include being named as the party to whom the bids will be submitted. Bid Oneninq and Award. The City shall attend the bid opening and review bid proposals. The City shall review the Contractor qualifications regarding award of contract. Bid awards shall be made to the lowest responsible, responsive bidder for the total Project, subject to applicable laws and regulations. Reiection of Bids. If no bids are received for the Project, which in the estimate of the City are acceptable to the City, all bids may be rejected and the city may elect to rebid. VI. PROFESSIONAL SERVICES Retention by City. Landscape Architect, Engineer, or other professional contractor will be retained by the City, to carry out it's obligations described in this Agreement ("Professional Services"). VII. PROJECT PAYMDIT All costs of the Project shall be paid by the city. VIII. OPBRATIOKS urn -nITR1ßNCE Upon final completion and acceptance of the construction of the Project and the New Facilities, the operations, use and maintenance of the Existing Facilities and the New Facilities on the Site shall be governed by the existing Interlocal between the District and the city, executed December 17, 1991, a copy of which is attached hereto as Exhibit "D". u:. IKSURAJIICE AIIImJ.nì.. It is hereby understood and agreed that each Party to this Agreement shall obtain and maintain public liability insurance in an amount not less than TWO MILLION AND NO/100 DOLLARS ($2,000,000) single limit liability. - 4 - 9.2 10.1 10.2 10.3 10.4 Certificate. Each Party shall provide the other Party with a certificate of public liability insurance naming the other Party as an additional insured and showing proof of the required insurance coverage. Insurance coverage shall be maintained at all timesA x. GRNRRaT. PRovrsrONS Schedulinq. Time is of the essence of this Agreement in each and all of its provisions in which performance is a factor. ~. This Agreement, for purposes of compliance with RCW 39.34.030(3) and 39.34.030(4) (B) shall terminate upon the occurrence of the three events: (1) final acceptance by the City of the completed construction project; (2) final payment by the City of all costs of the Project; and (3) release of all bonds submitted for the Project. Administration. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be the City Manager, Kenneth E. Nyberg, 33530 1st Way South, Federal Way, Washington 98003. The contract administrator on behalf of the District shall be the Superintendent, Thomas J. Vander Ark, Federal Way Public Schools, Administrative Office, 31405 18th South, Federal Way, Washington 98003. Indemnification. The District 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 Habili ties (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 to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. The City agrees to indemnify and hold the District, 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 - 5 - 10.5 10.6 10.7 10.8 10.9 10.10 with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. 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 A Work ProductA All work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks magnetic media or material which may be produced or modified by any entity, directed, hired or appointed or employed to perform the services or carry out the intent of this Agreement shall be owned by the city. Entire Aqreement. 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. 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. 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. Attornev Fees A In the event the city or the District defaults on the performance of any terms in this Agreement, and the District or City places 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 I s fees, costs and expenses A The venue for any dispute related to this Agreement shall be King County, Washington. No Waiver. Failure of either Party to declare any breach or defaul t immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare - 6 - one breach or default does not act as a waiver of either Party's right to declare another breach or default. Equal Onportunity to Praft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language A IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. 10.11 CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DIST. NO. 210 By,~¿4/¿ To a er Ark Its Superintendent 33530 1st Way South Federal Way, WA 98003 31405 18th South Federal Way, WA 98003 Date: ?A ~q) , Date: ~-;;¿.s-4~ APPROVED AS TO FORM: APPROVED AS TO FORM: ~~ ¿f:.'~ ,. -nd.ll~ CJ.ty Attorney School District Attorney MTWAIN.97 - 7 - EXHIBIT A MARK 1W AIN SPORTS FIELD RENOVATION MARK 1W AIN ELEMENTARY SCHOOL EXISTING CONDITIONS: Mark Twain Elementary School is located at 2450 S. Star Lake Rd. Federal Way, Washington. The existing field is poorly drained, muddy and difficult to access. The existing conditions are hazardous to play on, Mark Twain Elementary School is located within an eligible low-income benefit area and amently provides ftee or reduced lunches to 59%-60% of its students. The school is surrounded by four apartment complexes, There is very little open space area available in the area for a children' play area. Most of the neighbor uses the school grounds, Þcq:;75 ~,)(I'bTINbt f'L.A, '-{ Þ-II:L- '> e NoF-TH ~L~: 1'::/00':1:" MARK TWAIN ELEMENTARY SCHOOL Playground EXHIBIT B MARK 1W AIN SPORTS FIELD RENOVATION MARK 1WAIN ELEMENTARY SCHOOL PROJECT DESCRIPTION: The project involves renovation and construction of the existing multi-use sports field at mark Twain Elementary School. The existing field is poorly drained, and difficult to access. The scope of work includes installing a new underground drainage system, retaining wall irrigation system, new topsoil and turf; backstop and soccer goals. The renovation will also improve the accessibility to the field. The field will be built for game regulation standards. The facility will serve the Mark Twain School, a low to moderate income neighborhood and the Federal Way Community, e NoF-TH ~U:~; I '=-100 ':!: MARK TWAIN ELEMENTARY SCHOOL EXHIBIT C LEGAL DESCRIPTION MARK 1W AIN ELEMENTARY SCHOOL POS 1 & 2 REDONDO HEIGHTS UNRECORDED PORTION NW QTR NE QTR STR 13-22- 04 DAF: BEG N QTR CORNER SEC 13 TH S87-36-30E ALONG N LINE SD SEC 1326.805 FT TH S48-57-14W 72.70 FT TO S MARGIN S 272ND ST & TPOB TH S48-57-14W 442.29 FT THN87-30W 286.48 FT THN48-57-14 E 442.29 FT TH S87-36-30E 286.48 FT TO TPOB EXC PORTION LYING NEL Y OF LINE BEG AT POINT 125 FT W OF HWY ENGINEER'S STATION (lIES) LW 214+00 ON CENTERLINE SURVEY OF SR 5 (272ND ST INTERCHANGE) TH NWL Y TO POINT ON N LINE HEREIN DESC PARCEL & 50 FT SLY OF HES 11+95 & TERMINAL POINT; TGW LOT 2 SAID REDONDO HEIGHTS UNREC EXC N 50FT & PORTION ALONG E LINE THEREOF WITIIIN SR 5 & EXC PORTION LYING NEL Y OF LINE BEG AT POINT 125 FT W OF HWY ENGINEER'S STATION (lIES) LW 2140+00 ON CENTERLINE SURVEY OF SR 5 (272ND ST INTERCHARGE) TH NWL Y TO POINT ON N LINE HEREIN DESC PARCEL & 50 FT SLY OF HES 11+95 & TERMINAL POINT " ( ( ~Oiil ~ EXHIBIT D INTERLOCAL COOPERATIVE AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT NO. 210 AND CITY OF FEDERAL WAY PARKS, RECREATION AND HUMAN SERVICES This agreement, made and entered into this /1Út., day of December, 1991, by and between the City of Federal Way, a municipal corporation of the State of Washington, hereinafter called "city" and Federal Way School District No. 210, a municipal corporation of the State of Washington, hereinafter called "District." WHEREAS, the governing bodies of the city and the District are mutually interested in an adequate program of community recreation and student activities; and WHEREAS, said governing bodies are authorized to enter into agreements with each other, and to do any and all things necessary or convenient to aid and cooperate in the cultivation of good citizenship by providing for programs of community recreation and student activities; and WHEREAS, in the interest of providing the best services with ~he least possible expenditure of public funds, full cooperation between City and District is necessary; and WHEREAS, a joint use concept can provide for the maintenance and operation of existing fields and buildings for their better utilization by both parties; and WHEREAS, the purpose of this joint use agreement is to allow and encourage the city and District to work together in planning, developing and building facilities for joint use; and WHEREAS, the city and District have the authority to enter into their agreement pursuant to the Interlocal cooperation Act Chapter 39.34.030 RCW; NOW, THEREFORE, in consideration of the premises, said city and said District do now agree to cooperate with each other in carrying out the above purposes, and to that end do agree as follows: 1. AVAILABILITY OF FACILITIES: A. The District will make available to the City for community recreational activities school facilities not needed -- ,------,---- ù. ( ( for the conduct of school programs and which are suitable for conununity recreation activities. All requests for use of District facilities shall be made in writing by the City Manager or his or her designated representative and will be subject to the approval of the Superintendent of Schools or his or her designated representative. B. The city will make available to the District for school events, activities and/or programs, all suitable City facilities not needed for the conduct of city activities and programs. All requests for use of City facilities shall be made in writing by the Superintendent of Schools or his or her designated representative subject to the approval of the city Manager or his or her designated representative. C. The use of selected school and city facilities shall be in accordance with all applicable rules, policies, regulations, laws, procedures and permits governing the approved use of facilities of either party. The laws of the state of Washington, the terms of this agreement, and any other mutual written agreement of the parties are supplemental thereto. PRIORITIES AND SCHEDULING: A. The first priority for use of all school facilities shall be school events and programs, the second shall be recreation activities and programs of the city, and the third shall be any activities and programs of other agencies or groups as may be approved or permitted by the District. B. The first priority for the use of City facilities shall be for city activities and programs, the second shall be for- school events activities and/or programs, and the third shall be any activities and programs of other agencies or groups as may be approved or permitted by the city. C. The schedule of dates for use of City facilities and District facilities will be worked out in advance to avoid conflict between the City and District. Once an event/activity is booked, every effort shall be made to honor the commitment. If, however, activities are in conflict, each - 2 - ( r party will notify the other as far in advance as possible. The canceling entity shall do so in good faith and shall contact the party or activity canceled in advance and work with them to reschedule the event. The canceling entity shall have no liability or responsibility for damages resulting from the cancellation, and the non-canceling entity shall hold the other harmless from any such damages. D. Reservations shall be booked according to the following policy: --Each party shall designate and notify the other party of a staff person responsible for reservation coordination. --All requests shall be made in writing and be submitted to the identified reservation coordinator. --Every attempt shall be made to submit requests at least two weeks in advance. E. Quarterly joint use meetings shall be held in August, November, February and May to discuss the upcoming scheduled events and the specific terms under which they will be operating. A date for these meetings will be scheduled by mutual agreement between the Superintendent of Schools or his or her designated representative and the city Manager or his or her designated representative. III. SUPERVISION AND STAFFING: A. Each party agrees to provide adequate adult personnel to supervise its acti vi ties which take place on the other I s property. The adequacy of the level of supervision is subject to review by the other party. Either agency may ask the other agency to clearly determine and define the role expected of the supervisor and staff. B. Security and crowd control are the responsibilities of the party using the property, which party shall ensure that good order is maintained at all times. Such party assumes full responsibility for the conduct of persons involved in the party's activity or who are on the property with the consent of, at its invitation, or as a result of that party's activities. Such responsibility also includes cost of repair - 3 - IV. r to or replacement of property damaged or destroyed by the act or omissions of the user, its agents, or invitee. SPECIAL CONDITIONS: A. Equipment and Supplies The equipment used in the conduct of the programs shall, to the extent practicable, be furnished by the agency providing the services. Each party will furnish and supply all expendable materials (except sanitation supplies) necessary for operating its programs on the properties used. District or city equipment that is not easily moved (for example: tumbling mats, volleyball standards, baseball bases, etc.) may be used by the other agency if available. Any damage to such equipment will be immediately reported and a mutually agreeable method and amount of payment for replacement or repair determined. B. Improvements and Safety Features 1. The City may, with prior written approval of the District, improve District playgrounds and recreation facilities including the installation of recreation equipment not in conflict with school use, which shall be at no cost or expense to the District except by written mutual agreement. 2. The District may, with prior written approval of the city, improve City facilities including installations of school equipment not in conflict with recreation use, which shall be at no cost or expense to the City except by written mutual agreement. , 3. All improvements and equipment installed and to be installed for purposes of this agreement, the design, plans and specifications thereof, and the type and construction thereof, including safety features, and the proposed placement thereof on sites shall all be approved in writing by each party prior to development, construction, purchase and installation thereof, which approval shall not be unreasonably withheld. 4. The cost of maintaining and operating such recreation areas, and the improvements and equipment installed - 4 - " ( thereon, shall be mutually agreed to by the City and the District and further that the city and the District agree to maintain such areas in good condition during the periods of their respective responsibility. 5. Either party making improvements to the property of the other agency may remove any of its fixtures from the property upon termination of this agreement if such removal will not cause damage to the property, which removal shall be agreed to in advance. All other fixtures or alterations become the property of the site upon termination of this agreement. C. Services and Utilities The agency owning the facility shall furnish all necessary routine services and utilities except as otherwise specified in writing. The user will pay the costs of any extra janitorial services required as a result of their use of a facility. D. Advertisinq 1. Any posting of advertising matter of any kind on the property shall be in places designated by the City or District for such purposes. Advertising matter for anything other than activities of the parties hereto may not be posted except pursuant to the property owner's policy. 2. When joint programs are sponsored, each party will share in the public acknowledgement. E. Retail Sales and Concessions Neither party shall conduct retail sales or grant concessions for the sale of refreshments on the other's property unless specifically authorized to do so by separate written agreement. F. Lonq Ranqe Planninq The City and the District will encourage cooperative efforts in the design and development of future school and recreational sites. Each party shall offer the other the opportunity to review and comment on development plans. - 5 - ( ( G. Liabi Ii tv 1. Each party agrees to indemnify, save and hold harmless the other and all its officers, agents and employees from any claims, costs, expenses or liability (including reimbursement for all legal costs and reasonable attorney's fees) for any and all claims for damages or injuries to persons, property or agents of the user which arise from its negligent or intentional acts or omissions. In the event of such claims or lawsuits, each party shall assume all costs of its defense thereof, and shall pay all resulting judgments that may be obtained against it or its agents or employees. Further, each party has insured against its own liability herein and will promptly notify the other of any material changes in such coverage. 2. Any claims for liability arising out of the failure to maintain facilities or keep them in good structural repair, unless such failure is caused by the acts of the user, its agents, employees or invitee, shall be the responsibility of the owner and the indemnification by the user herein shall not include such claims. H. Insurance It is hereby understood and agreed that whenever either party to this agreement shall use, operate, occupy or have the care, custody or control of any facility owned by the other party, the party using the facility shall bear risk of loss or damage to the facility being used and shall obtain and maintain public liability insurance in an amount no less than ONE MILLION AND NO/IOO DOLLARS ($1,000,000) single limit liability. Each party hereto agrees to bear the risk of loss and agrees to indemnify the other to the extent of liability arising out of that party's use, occupancy, or control of the property. Each party shall provide the other party with a certificate of public liability insurance naming the other party as an additional insured and showing proof of the - 6 - r ( required insurance coverage. maintained at all times. Insurance coverage shall be r. Disputes In the event of any dispute or difference arising by reason of this agreement or any provision or term thereof or the use and/or payment of any facility for the purposes of this agreement, the dispute or difference shall be resolved by the City Manager or his/her designated representative and the Superintendent of Schools or his/her designated representative. Such decision shall be arrived at as expeditiously as possible. Parties stipulate to the jurisdiction of King County Superior Court in the event any dispute cannot be satisfactorily resolved. J. Annual Review Each January a review board will meet to consider and recommend changes to this agreement that may be needed. Membership on the board will consist of the following: School District - Activities Director, Director of Maintenance and Operations, one (1) junior high administrator, two (2) elementary administrators or their designee(s)¡ city Director of Parks, Recreation and Human Services, Superintendent of Maintenance and Operations, Superintendent of Recreation and Human Services and two additional city representatives as designated by the Director¡ Community - two (2) people, one (1) to be chosen by each party to this agreement. Any change to this agreement shall be presented to the appropriate governing bodies for approval. K. PaYment for Use of the Propertv There will be no rental charges for facility (building and field) usage by either party, with the exception of Memorial Field. Facilities use charges will apply to any usage of Memorial Field. Equipment rental charges for both parties will be at fifty percent (50%) of the rental rate normally charged by the party owning equipment. Costs related to wages that must be paid as a result of work outside the normal work day will be paid by the user. - 7 - (' ( L. Maintenance The cost of maintaining and operating said recreation areas and the improvements and equipment installed thereon shall be borne by the owner of the property. Maintenance costs shall be borne by the using agency when such maintenance involves extra costs to the owning agency, unless maintenance duties/equipment are exchanged in lieu of payments. Game preparation and lining of tracks and fields will be done by the user unless other arrangements are made. M. Terms This agreement shall be effective September 1, 1991 and will continue until terminated by advance written notice from either party, effective no sooner than sixty (60) days following the date of the notice to terminate. N. A copy of this agreement shall be filed with the Secretary of State, the city Clerk of the City of Federal Way, the Department of Fiscal Services/Federal Way Schools and the King County Auditor. , O. This agreement does not authorize the joint review board to acquire, hold and/or dispose of real or personal property. Terms of use, and payment and liability related to the use of any real or personal property owned or operated by the parties hereto are governed by the terms of this agreement. '//'.,~/ (/ /~ /, CIT,¥' MANAG R, . BRENT MCFALL d ú?~J!,%M. SUPERINTENDENT OF FEDERAL WAY SCHOOLS, DR. RICHARD HARRIS - 8 - r APPROV~DJ\S,TO FORM.:. . KJ Øfi~/- ~~t CITY ATTORNEY, SANDRA DRIS L S PASSED this /7éb day of ø//t7ðnk./, 1991. LA\EF\AC\91-0126.PKS - 9 - r Puget Sound Schools . RECEIVED BY TMENi COMMUNI1Y DEVELOPMENT DEPAR NO\l 051~ -h~ 97-/(¡t;L Risk Management Pool -~~>~. ~ ., . ~. ....c-,' Certificate of Coverage November 2, 1998 City of Federal Way Mr, Kenneth E. Nyberg, City Manager 335301"WaySouth Federal Way, WA 98003 RE: Federal Way School District As respects participation in the Interlocal Agreement for Design, Development and Construction of Joint School and Park Facilities at Mark Twain Elementary School The above captioned entity is a member of the Puget Sound Schools Risk Management Pool (Pool), which is a self-insured pool of75 school and educational districts in Washington State. The Pool has $2 million per occurrence combined single limit, which would be applicable in the event an incident occurs that is attributed to the negligence of the member. The Pool is an Interlocal Agreement among school districts and the retention is completely self funded by the membership. As there is no insurance policy involved and the Pool is not an insurance company, your organization cannot be named as an "additional insured". However, the Pool does provide blanket contractual coverage to its members that will extend protection to the indemnitee of the member, except for the sole negligence of the indemnitee. This blanket contractual protection should fulfill your requirement to add your organization as an additional insured. If you have any questions, please call me at (206)439-6955~ Sincerely, ~' ~ JìU~ Phyllis Morris Middleton, ARM Director of Operations c: Federal Way School District Pmmlccrt fed way P.O. Box 66B38 . 400 S.w. 152nd St. . Burien. WA 98166-0838 . (206) 439-6950 . Fax (206) 439-6939 . 1-800-488-7569 'r Puget Sound Schools Risk Management Pool q7 - ¡(£)~ Certificate of Coverage November 2,1998 City of Federal Way Mr. Kenneth E. Nyberg, City Manager 33530 1" Way South Federal Way, WA 98003 RE: Federal Way School District As respects participation in the Interlocal Agreement for Design, Development and Construction of Joint School and Park Facilities at Mark Twain Elementary School The above captioned entity is a member of the Puget Sound Schools Risk Management Pool (Pool), which is a self-insured pool of75 school and educational districts in Washington State. The Pool has $2 million per occurrence combined single limit, which would be applicable in the event an incident occurs that is attributed to the negligence of the member. The Pool is an Interlocal Agreement among school districts and the retention is completely self funded by the membership. As there is no insurance policy involved and the Pool is not an insurance company, your organization cannot be named as an "additional insured". However, the Pool does provide blanket contractual coverage to its members that will extend protection to the indemnitee of the member, except for the sole negligence of the indemnitee. This blanket contractual protection should fulfill your requirement to add your organization as an additional insured. If you have any questions, please call me at (206)439-6955. Sincerely, f¥L' ~ ~ Phyllis Morris Middleton, ARM Director of Operations c: Federal Way School District Pmm/cer! fed way P.O. Box 66838 . 400 SoW. 152nd St. . Burien. WA 98166-0838 . (206) 439-6950 . Fax (206) 439-6939 . 1-800-488-7569