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AG 09-251RETURN TO: EXT: Z CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING SLIP 1. ORIGINATING DEPT./DIV. �V 2. ORIGINATING STAFF PERSON: �Q,� �'e,�.tti�`t"V"► EXT: '�Sb 2 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE}: CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT MAINTENANCE AGREEMENT GOODS AND SERVICE AGREEMENT HUMAN SERVICES CDBG REAL ESTATE DOCUMENT SECURITY DOCUMENT (E.G. sorm�L.aTEDDOCtn�rrTS� ORDINANCE RESOLUTION CONTRACT AMENDMENT (AG#): INTERLOCAL OTHER M�e���a�,d crF 19�vr�v►,��� PROJECT NAME: �t��j� 1�P Ym 1�7 ►�1G IV'1�►D�C,"� S��f1��i( NAME OF CONTRACTOR: p�i �(��M�(� ADDRESS: "FELEPHONE E-MAIL: FAX: SIGNATURE NAME: ��9,rQ f�a,ttS TITLE �j�PX i h�fndp 5. 7. EXHIBITS AND ATTACHMENTS: scoPE WORK OR SERVICES O COMPENSATION INSURANCE REQUIREMENTS/CERTIFICATE ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ��S NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED YES NO IF YES, PAID BY: CONTRACTOR CITY PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW PROJECT MANAGER DIRECTOR GT7 RISK MANAGEMENT (1F �PL�C�LE) LAW INITIA�, DATE REVIEWED r. r' INITIAL DATE APPROVED 11. COUNCILAPPROVAL (1F .�PLIC.4st,E) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: i2. CONTRACT SIGNATURE ROUTING �SENT TO VENDOWCONTRACTOR DATE SENT: 12122-`Qq DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSLJRANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT SIGNATORY {G R DIRECTOR� CITY CLERK ,�ASSIGNED AG# SIGNED COPY RETURNED COMMENTS: IN TIAL! DAT SIGNED G� �.f J�14 N� AG# 2 DATE SENT: i Z.U1 s 1/9 I�- t.(�'' �-66"5�f fi� Q<-&Sfl�hn ��D je f;�� r3DVT�A7�'! A-p'�-P /9"�„�j� C%t1�+^.!S'�-'{�rr�l� t�1S4` /�'S .dN f�4�'d� G� MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT (MOA) entered into this day of October, 2009, by and between the City of Tacoma DEPARTMENT OF PUBLIC UTIUTIES, Light Division (hereinafter "TACOMA POWER") and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington (hereinafter "FEDERAL WAY") for the purpose of inemorializing the respective rights, obligations, and unders#anding of the Parties relative to electrical permitting and inspection service within the overlapping jurisdiction of TACOMA POWER and FEDERAL WAY. WITNESSETH THAT: WHEREAS, TACOMA POWER provides electrical utility services to residential and commercial/industrial properties within its service territory and located within the city limits of FEDERAL WAY, which services include permitting and inspection functions as authorized by State law (including, inter alia, RCW 19.28.141), Chapters 2.04 and 12.06 of the Tacoma Municipal Code, and TACOMA POWER's Customer Services Policies; �WHEREAS, FEDERAL WAY also provides electrical permitting and inspection services to residential and commercial/industrial properties within its city limits as authorized by State law (including, inter alia, RCW 19.141(1) and (2}, and RCW 19.28.010 (3)), and Chapter 5, Article X, of the Federal Way Municipal Code; and WHEREAS, the Parties hereto desire to enter into this MOA to minimize conflict associated with their concurrent electrical permit and inspection jurisdiction and to avoid unnecessary burdens upon TACOMA POWER customers located within FEDERAL WAY NOW, THEREfORE, in consideration of the mutual benefits to be derived by the Parties hereto, it is understood and agreed as follows: 1. All electrical permitting and inspection functions for customers served or to be served by TAGOMA POWER who are located within the city limits of FEDERAL WAY shall be perFormed exclusively by TACOMA POWER unless otherwise expressly mandated by State Law (Revised Gode of Washington) to be performed exclusively by #he State of Washington's Department of Labor Industries. 2. This MOA shall not apply to any customers served by Puget Sound Energy ("PSE") within the City of Federal Way and it is expected that electrical permitting and inspection services for said PSE customers will be conducted by FEDERAL WAY, Because the respective service territory boundaries of TACOMA POWER and PSE may fluctuate in the future, TACOMA POWER shall provide FEDERAL WAY with updated service area spreadsheets identifying TACOMA POWER customers located within the city iimits of FEDERAL WAY. Tacoma Power/City of Federal Way MOA Page 1 of 3 Permitting/Inspection services 3. All electrical permitting and inspection functions performed by TACOMA POWER pursuant to this MOA shall be at least equivalent to the construction, material, device, appliance, equipment, and basic electricai work standards enforced by the State Department of Labor Industries and FEDERAL WAY; Provided, however, that TACOMA POWER shall retain its full right and authority to adopt higher or better standards. 4. indemnification A. TACOMA POWER shall indemnify, defend, and hold harmless FEDERAL WAY, its officials, officers, agents, and employees from any and all claims, demands, damages, lawsuits, liabilities, expenses and costs arising out of its intentional misconduct and/or negligent acts or omissions in perForming electrical permitting and inspection functions pursuant to this MOU; Qrovided that this provision shall not apply to the extent that damage or injury results from the fault of the CITY, or its officers, agents, or employees. The term "fault" as used herein shall have the same meaning as set forth in RCW 4.22.015, as that statute may hereafter be amended. B. Each Party spec�cally assumes potential iiability for actions brought by its own employees against the other Party and, solely for the purpose of this indemnification and defense, each Party specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE PARTIES RECOGNIZE THAT THIS WAIVER WAS THE SUBJECT OF MUTUAL NEGOTfATION. 5. TACOMA POWER and FEDERAL WAY wili make good faith efforts to coordinate administrative processes including when and how TACOMA POWER electrica{ inspectors will sign off on building permits issued by FEDERAL WAY. Per Section 2 above, TACOMA POWER will provide FEDERAL WAY with a service address spreadsheet of current TACOMA POWER customers located within the city limits of FEDERAL WAY and will update such spreadsheet at least annually. 6. The Parties hereto mutually acknowledge and agree that each will rely in good faith upon the terms and conditions of this MOA and that neither will seek to terminate this MOA without good and su�cient cause or in the absence of substantiaf change in State law or other like circumstance. Tacoma Power/City of Federal Way MOA Page 2 of 3 Permitting/Inspection services In Witness Whereof the Parties hereto have accepted and executed this MOA effective as of the date first written above. CITY QF TAC�MA DEPARTMENT OF PUBLIC UTiUT1ES LfGHT DlViSiON CITY OF FEDERAl WAY Approved: V J _S� ,�/��./�'l�ll/�/�.. Theodore C. Coates Tacoma Power Superintendent Tacoma Power �4pproved as to Form: Deputy City Attomey Tacoma Tacoma Power/City of Federal Way MOA Permitting/Inspection services Approved: By r �a� Bri iison Ci Manager for Federal Way Approved as ta Form: Assistant City ttorney Federal Way Page 3 of 3