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AG 07-189 RETURN TO: o CITY OF F DERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 2. 1. ORIGINATING DEPT.IDIY: ORIGINATING STAFF PERSON: 4. 5. 6. 7. 8. 9. 10. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECT NAME: D . . t e..- EXT: e;? 711 3. DATE REQ. BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG )(.OTHER IL.ft. AG#: /)7-1r! . ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES ?LL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE t:ffecp'vl. [)a:n: ~ J /. TERM: COMMENCEMENT DATE: COMPLETION DATE: Id-f~ 1 ;;'OJ;)- I TOTAL COMPENSATION $ J....U. D {JC'I.J..j'J 'z.t.&-- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGI! - ATTACH SCHEDULES OF EMPWYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: CONTRACT REVIEW o PROJECT MANAGER o DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) o LAW CONTRACT SIGNATURE RO~T G 1(LAWDEPARTMENT I~/O~ 0'7. JiCITYMANAGERtI.ta.L I 0'7/0'7 Jil CITY CLERK o SIGN COPY BACK TO ORGINATING DEPT. ;t ASSIGNED AG# tJ7- /8<') ~M~~ 1;;/0 V); 7 - ftfroV(ot 'naJg 11. 07/05 INITIALIDATEAPPROVED INITIALIDATE APPROVED INITIALIDATE APPROVED one orfJi nJ) INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN UTILITY DISTRICT FOR OFFICE SPACE OCCUPANCY THIS AGREEMENT is made and entered into this lo -h-- day of -p...~eloo/'lh<:..j/, 2007. The parties ("Parties") to the Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Lakehaven Utility District, a Washington special purpose district ("District"). WHEREAS, the City owns and operates a facility commonly known as the City Hall; and WHEREAS, the District provides development review services for water and sewer system extensions within its service area, including areas within the City, with trained personnel; and WHEREAS, the District and the City believe it would be beneficial to the businesses and citizens of the City and District if the entities formed a long-term partnership for the co-location of certain development review functions within the City; and WHEREAS, the District and City believe this partnership would improve the permit processing within the City by having a staff member of the District located at the City Hall in the permitting area; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for in RCW 39.34.080 and other Washington law, as amended; NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW and in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and District as follows: 1. PREMISES. The City hereby agrees, upon the following terms and conditions, to allow the District to occupy a portion of the City's City Hall located at 33325 8th Avenue S, Federal Way, W A 98063, consisting of approximately eighty (80) square feet, and described on the attached Exhibit A, which is incorporated by reference and hereinafter referred to as the "Premises", for the location of a development review staff person and in furtherance of its development review functions. 2. TERM. The term of this Interlocal Agreement shall commence upon the effective date of this agreement and shall continue until the 3ls1 day of December, 2012 ("Term"). The Term of this Interlocal Agreement will automatically renew for a five (5) year renewal thereafter unless otherwise terminated pursuant to Section 3. 3. TERMINATION. a. Prior to the expiration of the Term, unless a shorter period is mutually agreed upon by the Parties, the District may terminate this Agreement upon thirty (30) days written notice. b. Prior to the expiration of the Term, unless a shorter period is mutually agreed to by the Parties, the City may terminate the Agreement upon thirty (30) days written notice. 4. RENT. The City agrees to waive rent during the entire Term of the Agreement in exchange for the costs as outlined in Sections 5 and 6. 5. ONGOING MAINTENANCE AND OPERATING COSTS. The District agrees to pay Five and nollOO Dollars ($5.00) per square foot per year to cover the on-going maintenance and operation costs ("M & 0"). The M & 0 Costs include taxes, insurance, janitorial, electricity, garbage, sewer, water, maintenance and repair of the Premises, landscape and parking lot maintenance, window washing, natural gas, LID's and assessments. The rate per square foot is subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be three percent (3%) per year. 6. INFORMATION TECHNOLOGY (IT). The City agrees to support one (1) of the District's staff on computers and phone system on the District's private network at the Premises. The ongoing IT costs due to the City as described in Exhibit B (attached) are subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be one and a half percent (1.5%) per year, and the maximum increase shall be three percent (3%) per year. 7. FACILITY AMENITIES. The City agrees to furnish the following: a. One designated parking space located in the parking area adjacent to the City Hall's north entrance and marked for the Lakehaven Utility District use only; and b. Use of all City Hall amenities by the District's staff assigned to the Premises. 8. USE. The District shall use the Premises for the purposes of this Agreement. If the District desires to use the space for other purposes, it agrees the City must provide written consent, which consent will not be unreasonably withheld. 9. ASSIGNMENT OR S~LEASE. The District shall not assign or transfer this Agreement, nor sublet the whole or any part of the Premises, nor grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement be assignable or transferable by operation of law, or by any process or proceeding or any court or otherwise. 10. LIABILITY. The City assumes no responsibility for any property placed in the Premises, and is released from any liabilities for loss, injury or damages to any property that are sustained by reason of the occupancy of the Premises under this Agreement. 11. CONTACT PERSONS. The Parties stipulate that the following persons shall be the contact person for the City and the District, respectively: City: Cary M. Roe, P.E. District: Assistant City Manager PO Box 9718 FederalVVay, VVJ\ 98063-9718 Donald Perry General Manager PO Box 4249 Federal Way, W A 98063-4249 12. ACTION BY ASSISTANT CITY MANAGER AND DISTRICT GENERAL MANAGER. The Parties authorize the Assistant City Manager of the City of Federal Way and the General Manager of the Lakehaven Utility District to take actions that are consistent with and necessary to implement the intent of this Agreement. 13. ENTIRE AGREEMENT - AMENDMENTS. This printed Agreement together with the exhibits expressly incorporated herein by reference attached hereto shall constitue the whole agreement between the Parties. There are no terms, obligation, covenants, or conditions other than those contained herein. Except as otherwise provided herein, no modification or amendment of the Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both Parties. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF FEDERAL WAY LJ\KEHA VEN UTILITY DISTRICT 7/1d~ Neal Beets, City Manager Date: /@ /,!o7 I Date: 11/9/07- , . ATTEST: Signature Printed Name Title APPROVED AS TO FORM: k6'CJL --:J5'~L/ ..flV" PatriCIa A. Richardson, City Attorney Exhibit A . Di.>1ri ct staff oM u/ Space" ( ApprDxi tYla-fe '3 80~. 1'+.) City Hall Second Floor Department Layout and Phone Extensions " EXHIBIT B Information Technology The following is a summary of the services that will be provided: . City will provide one (1) phone at staffs desk with voice mail box. The phone number will have an appearance (ring) at the phone on Community Development counter. . City will provide two (2) network connections for two (2) workstations (I) at the staffs desk and I on the counter) with direct access to internet. . District will provide their own PC(s), monitor and printer. . District staff will have their own Nextel phone. . City will provide basic PC support and access to the large plotter when needed. . District will not be in City's network at this time except for accessing the internet. . District will access their applications, files, and databases through remote connection to their desktops at District's main office. . District and City will evaluate the need for District to access Amanda system. In that case, City will add their workstations to our network and provide access. City will provide basic mail, fax and copier services as needed. The overall IT maintenance and support costs for these services in minimal. Approximate cost $40 per month or $480 per year.