Agenda Item - 2001-10-23 (04) CITY OF LAKE OSWEGO
AGENDA REPORT SUMMARY
MEETING DATE: October 23, 2001
SUBJECT: Sprinkler Agreement with Lake Oswego School District
RECOMMENDED MOTION:
Authorize the City Manager to execute an Intergovernmental Agreement between the
Lake Oswego School District and the City for the purpose of reimbursing the Lake
Oswego School District for costs associated with the installation of fire sprinkler
systems in certain school facilities.
EST. FISCAL ATTACHMENTS: PUBLISHED NOTICES
IMPACT: October 17, 2001 Staff (Date):
$1.5 million Report from Kincaid
STAFF COST: Resolution no.:
BUDGETED:
Y N
Previous Council consideration:
FUNDING SOURCE:
March 6,2001
CHIEF OF STAFF CITY M AGER
Signoff/date Signoff/date
P/Special Projects/Cover Summary—Sprinkler Agreement with Lake Oswego School District
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``110
OF LAKE Os,v_
CITY OF LAKE OSWEGO
pREGON COUNCIL REPORT
TO: Douglas J. Schmitz, City Manager
FROM: Robert A. Kincaid, Chief of Staff 6,4r.
SUBJECT: Sprinkler Agreement with Lake Oswego School District
DATE: October 17, 2001
ACTION
Authorize the City Manager to execute an Intergovernmental Agreement between the Lake
Oswego School District and the City for the purpose of reimbursing the Lake Oswego School
District for costs associated with the installation of fire sprinkler systems in certain school
facilities.
BACKGROUND AND RECOMMENDATION
At the morning City Council meeting of March 6, 2001, the City Council directed the City
Manager to negotiate an arrangement with the School District, in which the City would
contribute up to $1.5 million to install fire sprinklers in schools, provided the extra expansion of
the corresponding water reservoir would be eliminated, and the School District would spend a
corresponding amount to install fire sprinklers in other schools that did not affect water reservoir
size.
The attached agreement accomplishes this direction.
The Lake Oswego School Board at its regular meeting on October 8, 2001 approved this
agreement.
Sprinkler Agreement with Lake Oswego School District
Page 1 of
INTERGOVERNMENTAL AGREEMENT
CITY OF LAKE OSWEGO AND LAKE OSWEGO SCHOOL DISTRICT #7J
REIMBURSEMENT FOR COST OF INSTALLATION OF AUTOMATIC
FIRE-EXTINGUISHING SPRINKLER SYSTEMS
THIS AGREEMENT is made this day of , 2001 between the
City of Lake Oswego, a municipal corporation of the State of Oregon, hereinafter referred to as
"the City," and Lake Oswego School District 7J, a common school district of the State of
Oregon, hereinafter referred to as "the School District."
RECITALS:
WHEREAS the City's Department of Fire, Rescue and Life Safety provides fire suppression
services for structures within the City, including the School District's facilities; and
WHEREAS a number of the School District's facilities do not have automatic fire-extinguishing
sprinkler systems; and
WHEREAS the installation of such sprinkler systems in all School District facilities would
enhance the safety of students and District employees; and
WHEREAS the installation of such sprinkler systems at Palisades Elementary School, Lakeridge
High School, Uplands Elementary School, Lake Oswego Junior High School, Forest Hills
Elementary School and Lake Oswego High School would significantly reduce the City's need to
develop water storage capacity for fire suppression purposes and would therefore directly benefit
the operation of the City's water utility; and
WHEREAS the Building Code requires the School District to install sprinklers at Lake Oswego
High School as part of the pending reconstruction of that school, but does not require the District
to install sprinklers in the remaining schools listed in the preceding recital;
WHEREAS the City has determined that the cost of installing sprinklers in such facilities is less
than the projected cost of developing the increased water storage capacity that would otherwise
be required;
WHEREAS the City is willing to reimburse the School District for the cost of installation of
sprinkler systems in such facilities, provided that the School District installs and maintains
sprinkler systems in all of its schools; •
WHEREAS, because of the direct benefit to the City's water utility, the City has determined that
reimbursing the School District for the installation of sprinkler systems in such facilities is an
appropriate use of water funds; and
J
THE CITY AND THE SCHOOL DISTRICT AGREE AS FOLLOWS:
1. Obligation to Install Sprinkler Systems. Before August 1, 2004 the School District shall
install automatic fire-extinguishing sprinkler systems, referred to hereinafter as "sprinkler
systems," throughout all of the following facilities:
Palisades Elementary School
Lakeridge High School
Uplands Elementary School
Lake Oswego Junior High School
Forest Hills Elementary School
Bryant Elementary School
Lake Grove Elementary School
Rivergrove Elementary School
Waluga Junior High School
Lake Oswego High School
2. Standards. The sprinkler systems installed throughout the facilities listed in paragraph 1
shall meet the standards of the National Fire Protection Association, Inc., including, but not
limited to, NFPA13, Standards for the Installation of Sprinkler Systems, as well as the
requirements of Oregon Structural Specialty Code, incorporated as part of the Lake Oswego
Building Code pursuant to LOC 45.09.005, including without limitation Chapter 9 of the
Structural Specialty Code, and Standard 9-1 of such Code. Where the Oregon Structural
Specialty Code amends the NFPA standards, the Oregon amendments shall control. The
sprinkler systems shall also meet all requirements of Oregon Uniform Fire Code, incorporated in
the City Code pursuant to LOC 15.06.610, including without limitation Article 10 of such Code.
3. Maintenance, Replacement, and Extension. In addition to complying with all
maintenance requirements for automatic fire extinguishing sprinkler systems under the codes and
standards listed in paragraph 2, state law or the city code, the School District shall maintain the
sprinkler systems installed in the facilities listed in paragraph 1, plus the existing sprinkler
systems at Westridge Elementary School, Hallinan Elementary School and Oak Creek
Elementary School, in an operative condition at all times, and shall replace or repair any system
where defective. The School District shall maintain the sprinkler systems in accordance with
original installation standards and shall extend, alter or augment such systems so as to maintain
and continue protection throughout each facility listed in paragraph 1, plus Westridge
Elementary School, Hallinan Elementary School and Oak Creek Elementary School, whenever
any of the facilities is altered, remodeled or expanded.
4. Inspections and Testing. In addition to complying with all testing or inspection
requirements for automatic fire extinguishing sprinkler systems under any of the codes and
standards listed in paragraph 2, state law or the city code, the School District shall cause the
sprinkler systems installed in the facilities listed in paragraph 1, plus the sprinkler systems at
Westridge Elementary School, Hallinan Elementary School and Oak Creek Elementary School,
to be inspected and tested at least annually in accordance with Oregon Uniform Fire Code
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standards. The School District shall maintain reports of all inspections and tests and shall make
the reports available to the City upon request.
5. Reimbursement. Upon verification by the City that, by the date stated in paragraph 1,
automatic fire-extinguishing sprinkler systems have been installed in accordance with the
requirements of this agreement throughout each facility listed in paragraph 1 the City shall
reimburse the School District for the cost of installation of such systems (as limited by paragraph
7, below) at the following facilities:
Palisades Elementary School
Lakeridge High School
Uplands Elementary School
Lake Oswego Junior High School
Forest Hills Elementary School
Installation of sprinkler systems at schools not listed in this paragraph 5 shall be at the sole
expense of the School District. "Cost of installation" as used in this agreement shall mean the
School District's direct costs necessarily and reasonably incurred for design, materials and third-
party labor only for purchase and installation of the fire-extinguishing sprinkler systems, and
shall not include any overhead expense of the School District, or the cost of any remodeling,
construction or reconstruction of any facility whether or not such activity occurs in conjunction
with installation of such sprinkler systems.
6. Time for Reimbursement; Accounting. Reimbursement shall occur within 30 days of: (a.)
the completion of installation of sprinkler systems to the satisfaction of the City's Fire Marshal
and Building Official at all facilities listed in paragraph 1 by the required date, time being of the
essence of this agreement, in accordance with the standards of paragraph 2; and (b) written
approval by the City of a detailed accounting submitted by the School District itemizing in detail
all expenditures relating to the cost of installation at all such facilities, with the itemized costs for
each facility stated separately.
7. Limitations on Reimbursement. Reimbursement by the City pursuant to this agreement
for the cost of installation for facilities listed in paragraph 5 shall not exceed the cost of
installation for the facilities listed in paragraph 1 that are not also included in paragraph 5.
Furthermore the total reimbursement by the City pursuant to this agreement shall not exceed the
sum of$1,502,000. The City's reimbursement obligation is subject to the availability of funds in
the City's water fund at the time the reimbursement becomes due pursuant to paragraph 6 of this
agreement. In no event shall the City be obligated to provide reimbursement from any other
source of funds.
8. Limitation of City's Role; Indemnity. The parties acknowledge that nothing in this
agreement obligates the City to install, inspect, maintain, repair or replace any sprinkler system
in a School District facility. The School District shall defend, indemnify, and hold the City, its
officers, agents and employees, harmless against all liability, loss, or expenses, including
attorney's fees, and against all claims, actions or judgments based upon or arising out of damage
or injury (including death) to persons or property caused by any act or omission of an act
IGA—City and Lake Oswego School District No. 7J
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sustained in any way in connection with the installation, maintenance, repair, or operation of any
sprinkler system in a School District facility, or by conditions created thereby, or based upon
violation of any statute, ordinance or regulation. This contractual indemnity provision does not
abrogate common law or statutory liability and indemnification to the City, but is in addition to
such common law or statutory provisions.
9. Integration. This contract represents the entire and integrated agreement between the
School District and the City, and supersedes all prior negotiations, representations or agreements,
either written or oral. This contract may be amended only by written instrument signed by both
the School District and the City.
10. Applicable Law; Judicial Venue. The provisions of this contract shall be construed in
accordance with the provisions of the laws of the State of Oregon and ordinances of the City of
Lake Oswego, Oregon. Any action or suits involving any question arising under this contract
must be brought in Clackamas County Circuit Court.
11. Waiver. The failure of the City to enforce any provision of this contract shall not
constitute a waiver by the City of that or any other provision.
CITY OF LAKE OSWEGO LAKE OSWEGO SCHOOL
DISTRICT No. 7J
By: By: 1.14 - 4 �►��.
Douglas J. Schmitz, City Manager William Korach, Superintendent
Per Council Resolution 01- ,
adopted on , 2001
M:'IGA-City-SchDi st-FireSprinklers-082101.doc
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