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AG 02-042 ~~n~Jb<-- ~"Z- I TO: I ¡ CITYO EDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 2. 4. 5. 6. 7. 8. 9. ORIGINATING DEPT./DIV: M aI!~uvre4 S(.YVt c...t.5 ORIGINATING STAFF PERSON: I WtVtj EXT: I-fOCGìJ TYPE OF DOCUMENT REQUESTED (CHECK ONE) PROFESSIONAL SERVICE AGREEMENT MAINTENANCEILABOR AGREEMENT PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT (LESS THAN 1200,000) PURCHASE AGREEMENT) (MATERIALS. SUPPLIES. EQUIPMEN1) REAL ESTATE DOCUMENT 3. DATE REQ. BY: "'!h (~ SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP. RFQ) CONTRACT AMENDMENT AG#: CDBG ~ ~/OCA.I AVra~ PROJECT NAME:~/Ou./ Bn"1~7ir1í Aðræ.Me-rrf~ Cr6 .ç¿..,o/Sr:./uf/ d/!T7'Ý/c7/'- if NAME OF CONTRACTOR: ~ / ~ SchtJ1 / Z>rs-Ir-td -Hz! 0 ADDRESS: SIGNATURE NAME: TELEPHONE TITLE PAID BY: CONTRACTOR CITY A TT ACH ALL EXHIBITS AND CHECK BOXES SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUMENT INSURANCE CERTIFICATE DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: i.fb~:J- COMPLETION DATE: !J~ TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE. AITACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED YES NO IF YES, $ N 10. ~CONTRACT REVIEW ~ PROJECT MANAGER WI DIRECTOR \'I. RISK MANAGEMENT " LAW I~ CONTRACT SIGNATURE ROUTING ~LAWDEPARTMENT J j! .~:~ ~~GER . (Jf;I~~G~O:;:~CK ð~ ~~~ATING DEPT. c!J PURCHASING: PLEASE CHARGE TO: COMMENTS INITIALIDA TE APPROVED INITIAL/DATE APPROVED fAt' '5:"/:21/0'2 INITIAL/DA TE APPROVED Pitt.. s:-J~¡/()2 , INITIAL/DATE APPROVED -1 5f!¡,;}./tld-' ~) 5"~'C2- --tJ /A- I I'd" i^ ',"r,,^~ "¡ '~~-+>, SJ,od or,,¡- ,.,'11 /"ð ('"~.f,, ok ß<'¡',;,,~, - t/ ,r. ,- "1.0 ~ Ý3oloz. I 04/04/02 After recording, return to: A-6 #0;;-0'(2- RECEIVED MAY 1 3 2002 Federal Way City Attorney's Office 33530 1st Way S. P.O. Box 9718 Federal Way, WA 98063-9718 MANAGEMENT SERVICES CITY OF FEDERAL WAY INTERLOCAL BROADCASTING AGREEMENT BETWEEN CITY OF FEDERAL WAY AND FEDERAL WAY SCHOOL DISTRICT NO. 210 This lnterlocal Agreement (hereinafter "Agreement") is dated effective 4h3, 2002, and is made and entered into between the City of Federal Way (hereinafter "~") and Federal Way School District No. 210 (hereinafter "School"), collectively "Parties". A. The School is governed by elected officials who make up the Board of Education ("Board"); and B, The Parties recognize the public benefit of broadcasting the Board's monthly meetings for the citizens' viewing convenience; and C. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and D. The parties hereto desire and by this agreement to enter into an lnterlocal Cooperative Broadcasting Agreement wherein public messages concerning - school issues and the public meetings of the School Board will be taped at City facilities, and broadcast over the Federal Way governmental channel. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: Broadcasting Interlocal Agreement Page 1 of5 ORIGINAL L Live Broadcasting: of School Board Meetings. A. School Responsibilities. (a) Commencing April 23, 2002, the Board is interested in the live broadcasting of its regular Board meetings from the City's Council Chambers every second and fourth Tuesday, except for during the months of July and December when only one meeting will be convened, for a total of approximately 22 broadcast meetings a year. The School will notify the City thirty (30) days in advance of any change in the regular meeting to coordinate of the availability of Council Chambers. (b) For the use of Council Chambers, broadcasting equipment, and broadcasting staff, the School agrees to pay sixty dollars ($60.00) per hour for each broadcast plus one additional hour for the broadcasting equipment setupltakedown before and after each meeting, i.e. five (5) billable hours for a 4-hour meeting. Partial hour will be rounded to the nearest quarters. (c) If the setup of the room is changed for the Board meeting, the School is responsible for returning the room setup to the pre- existing ammgement. Alternatively, the School may elect to pay an additional $60 for City staff to rearrangement of Council Chambers. (d) Unless otherwise revised during the annual review of this Agreement, this hourly rate shall be automatically adjusted by inflation annually on or before January 1st each year. The inflation shall be measured by the annual average Seattle- Tacoma-Bremerton area CPI-W. (e) The School is responsible for maintaining and storing the tapes. of the broadcast after the completion of the airing cycle. B. Citv Responsibilities. (a) The City agrees to provide access to Council Chambers for the live broadcast of School Board meetings as set forth in Section l.A.(a) of this Agreement. Should scheduling conflict occur, the City will provide thirty (30) days' notice for any such conflict that will prevent the availability of the Council Chambers to the School. Broadcasting Interlocal Agreement Page 2 of 5 (b) The City agrees to provide personnel to prepare and broadcast the meetings. (c) If desired by the School, City will provide video tapes for the recording and the School agrees to reimburse the City the actual cost of any tape used for the broadcast. 2. Payment. The School agrees to pay the City for the broadcast and use of the facility as set forth in Section l.A.(b), the setup fee if the City is responsible as set forth in Section l.A.(c), and any video tape(s) supplied by the City within thirty (30) days of receiving an invoice from the City. 3. Future Eauioment Purchases. The Parties agree that if enhancement to the broadcasting equipment is necessary for only one party, the party receiving the benefit shall be responsible for the entire cost. However, if the enhancement would benefit both Parties, both entities will review and approve the enhancement and share such costs equally. 4. Term: This Agreement shall take effect immediately, and shall terminate at midnight on December 31, 2002 unless extended by action of the Federal Way School District Board and the Federal Way City Council prior to that date. Prior to that date, it may be terminated by either party upon the provision of ninety (90) days written notice to the other. 5. Compliance with Laws. Each party accepts responsibility for compliance with federal, state, or local laws and regulations. 6. Indemnification. Each party agrees to defend, indemnify and hold the other party, its elected officials, officers, employees, agents, and volunteers hannless 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 to the extent caused by the negligent acts, eITors . or omissions of the defending party, its elected officials, commissioners, officers, employees, agents, and volunteers, or by breach of this Agreement. 7. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Contact Persons. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. A. Federal Way School District No. 210 Broadcasting Interloca! Agreement Page30f5 Tom Murphy Superintendent 31405 18th Ave, S Federal Way, WA (253) 945-2010 B. City of Federal Way: Mehdi Sadri Infonnation Systems Manager P.O. Box 9718 33530 1st Way S. Federal Way, W A 98063 (253) 661-4098/Fax: (206) 661-4025 10. Filing. A copy of this Agreement shall be filed with the City Clerk, and recorded with the King County Auditor. 11. General Provisions. A. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. B. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. C. Binding. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. D. Severabilitv. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. E. Enforcement. In the event either of the Parties defaults on the perfonnance of any tenns 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. F. Venue. The venue for any dispute related to this Agreement shall be King County, Washington. Broadcasting lnterloca! Agreement Page 4 of 5 G. Waiver. 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. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. FEDERAL WAY SCHOOL DISTRICT No. 210 BY:~ Thomas Murphy Superintendent Date: ç. 7 . 02.- É- ~~ This day of .\ 0 '.2°* - {) \~ku.«/ ~.¿ Scho~iilrict's Clerk Federal Way City Clerk Approved as to Form For Federal Way School District School District Attorney K, \FIN AN C ElFIN C a MM1\2OO2'O 3 26\INTERLOCAL DOC 02.19.02 Broadcasting ¡nterlocal Agreement Page50f5 CITY OF FEDERAL WAY ~=~ ) / ~/LJ ~ / David H. Moseley / City Manager S /1.-'/0 L.- Date: ! , ..,.",J ATTEST: This ~ day of M,- ,2O ();J- . ~ &affftj r ~ ristine Green, CM Approved as to Form for City of Federal Way ~ ø;- ~ J. , f,v Bob C. Sterbank, City Attorney