AG 97-162 - FEDERAL WAY SCHOOL DISTRICT From:Jennifer Marshall <>
Sent:Thursday,June 9, 2022 9:23 AM
To: Lynette Allen <Lynette.Allen@cityoffederalway.com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherford@cityoffederalway.com>;Tonia Proctor<Tonia.Proctor@cityoffederalway.com>
Subject: RE: Contracts/Agreements - Deletions
I will update the MasterAG to mark them as expired (they will be shaded red)... their retention is 6
additional years after expiration so there will be no deleting. Probably just semantics, but I had to
make sure we are on the same page.
From:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Sent:Thursday,June 9, 2022 9:17 AM
To: Lynette Allen <Lynette.Allen(�cityoffederalwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.Marshal l@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherfordgcityoffederalwa .com>
Subject: RE: Contracts/Agreements - Deletions
Thanks Lynette,
Taryn Weatherford is Melissa's replacement and she will be working on this as we move forward.
She will be law full-time as of June 16.
Tonia
From: Lynette Allen <Lynette.AllenL@cityoffederalwa .com>
Sent:Thursday,June 9, 2022 8:16 AM
To:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.MarshaII LcityoffederaIwa .com>
Subject: FW: Contracts/Agreements - Deletions
Tonia,
I was working with Melissa to clean up PD's AG agreement list. Not sure if anyone will be
working on this until Melissa's position is filled but please see the list below.
The following Contracts/Agreements have expired or will expire soon. They can be deleted.
• AG 18-148 WSP Facility Use Agreement expires June 30, 2022 - Delete
• AG 21-141 KC RSO Grant Agreement expires June 30, 2022 - Delete
o KC will initiate a new agreement for July 1, 2022—June 30, 2023
The following are old agreements no longer in effect. They need to be deleted.
• AG 1997-162 FWPS —Mark Twain Elem. School - Delete
• This has to do with Design & Development of property —it is way outdated—
even though it says permanent
• Not really sure why it's under PD, it was a Parks Agreement
• AG 2002-072 Washington State—DOC—Delete
o A new agreement was initiated AG 2005-019
• AG 2003-026—City of Kent—Shooting Range—Delete
o FWPD does not use this Shooting Range and this is way to old to leave open. If
we were to use,they would have to have a new agreement.
• AG 2004-046—Devon Brewer Research Agreement—Delete
o This research was for a period from 1997 to 2003
• AG 2004-164—City of Kent—Vehicle Equip Maintenance & Repair Service - Delete
o We do NOT use. I believe PW's makes the agreements now through Kurosky
• AG 2004-171 —WA State via KC—Delete
o This would have been completed a long time ago
• AG 2006-084—Okanogan County Jail—Delete
o We have not used in years —not sure why we would need a letter
• AG 2006-091 —SKF&R—Technical Rescue Trailer—Delete
o This has not been in effect for years.
• AG 2009-218 —VNET Task Force—Delete
o There was a new VNET Task Force Agreement in 2016 (AG 2016-136)
• AG 2019-068 —Issaquah Jail—Delete even though it says Ongoing
o We have a new Agreements starting 2021
Thank You
Lynette Allen
Chief's Office Manager
Federal Way Police Department
(253) 835-6701
lvnette.allen(&cityoffederalwa
ROUTING SLIP
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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
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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)
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Is SALES TAX OW£D?
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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../
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12. CONTRACT SIGNATURE ROUTING
!\ ¡ LAW CEPARTM£NT
~ITY MANAG£R
COMMJ,~~ - ~~~
At~ s
~~
{~\~é~~Q)
WHOTE - OR'"'HA. STATS WOTH COHTRAOT
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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
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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
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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.
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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
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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.
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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
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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
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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