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AG 14-003RETURN TO: In EXT: �- CITY %F FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS /` c 2. ORIGINATING STAFF PERSON: EXT: '_Z_72 p 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT Cl PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): XINTERLOCAL Cl OTHER 5. PROJECT N 6. NAME OF CONTRACTOR: h 1 1 ADDRESS: E -MAIL: SIGNATURE NAME: TELEPHONE: FAX: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/_ UBI # , EXP. _ /_ /_ j 8. TERM: COMMENCEMENT DATE: COMPLETION DATE:�CM. CUC I 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: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ Cl PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ed -RISK MANAGEMENT (IFAPPLICABLE) 7 $ z LAW DEPT PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE:_ 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAw DEPT IGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # IGNED COPY RETURNED `R*r,ETURN ONE ORIGINAL INITIAL/ DATE SIGNED �GL A AG# 1 DATE SENT:.-L9 COUNCIL APPROVAL DATE: DATE REC' D: 11/9 INTERLOCAL AGREEMENT TO MANAGE PUBLIC WORKS APPROPRIATION THIS AGREEMENT by and between the City of Federal Way, a municipal corporation of the State of Washington, (hereinafter "the City ") and the Lakehaven Utility District, a municipal corporation of the State of Washington, (hereinafter the District). WITNESSETH: WHEREAS, the District provides certain utility services to the City's downtown core. and WHEREAS, in order to spur economic growth and meet future system demand, the City and District have cooperatively pursued funding for the District's expansion of capacity within its sanitary sewer collection system in the area of the City's downtown core, and WHEREAS, the District and the City have obtained an appropriation from the State of Washington to offset costs of the sewer system upgrade, and WHEREAS, it is necessary that the parties cooperate to manage the receipt and use of the appropriation, and WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington, provides for interlocal cooperation between governmental agencies; and NOW, THEREFORE, the parties agree as follows: PURPOSE: The purpose of this agreement is to administer the application for, and management of, the appropriation from the State of Washington to be received for benefit of the District Downtown Sewer Project ( "Project "). 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. SCOPE: This agreement shall allow the following activities: A. Cooperative application for a State appropriation to be used in furtherance of the Project and other activities necessary to procure funding approved by the State of Washington. B. The District shall be solely responsible for the Project. The City will forward to the District any appropriation it receives for the Project. The District will be responsible for using the appropriation consistent with State law and any State imposed special conditions or reporting requirements. The District will indemnify and hold the City harmless from the District's use of the appropriation. -1- 4. DURATION AGREEMENT — TERMINATION: Unless earlier cancelled by mutual agreement between the parties, this agreement shall remain in force until the appropriation has been received and spent in furtherance of the Project. 5. FILING: Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 6. INTERLOCAL COOPERATION DISCLOSURE: The District may, but shall not be required to,* insert notice of the existence of this Agreement in any solicitations for work on the Downtown Sewer Project. 7. NON- DELEGATION/NON- ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other ply. 8. HOLD - HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. 9. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provisions. DISTRICT Title 3 -2- CITY OF FEDERAL WAY By 7 ate) Its APPROVED AS TO FORM: liate