AG 09-251 - CITY OF TACOMARETURN 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
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DATE SENT: i Z.U1
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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