Res 10-581RESOLUTION NO. 10-581
A RESOLUTION of the City Council of the City of Federal Way,
Washington, authorizing the City Manager to negotiate a performance-
based contract for energy services pursuant to RCW 39.35A.040.
WHEREAS, the City has obtained a Washington State SEP Loan in the amount of $223,000
to be used on energy saving projects; and
WHEREAS, Chapter 39.35A of the Revised Code of Washington (RCV� sets forth a
municipality's option for obtaining a performance-based contract for energy services; and
WHEREAS, the City Council finds that it is in the best interest of the citizens that the
performance-based contract process be utilized to find a energy services contractor to make the most
of the load funds;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Performance-based Contract. The City Council hereby authorizes the use of the
performance-based contract process as outlined in Chapter 39.35A RCW for advertising, selecting,
and negotiating a performance-based contract with an energy services contractor.
_... . Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality sha11 not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
Resolution No.10-581 Page 1 of 2
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 20 day of April, 2010.
CITY OF FEDER.AL WAY
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APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 4/13/2010
PASSED BY THE CITY COLTNCIL: 4/20/2010
RESOLiJTION NO.: 10-�81
Resolution No.10-�$1 Page 2 of 2