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AG 16-120RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: ZiAvid ClcMehs 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): 'OTHER M DV 0 EXT: 61 LI1 3. DATE REQ. BY: SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: 17i9Wl- d- wseK Bar It Lt. (C. 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: Acs C Y i can Q tnekc atiQA-y) vsA No 4- Davis TELEPHONE: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS:X.SCOPE, WORK OR SERVICES COMPENSATION X INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS CFW LICENSE # 8. TERM: COMMENCEMENT DATE: 9. TOTAL COMPENSATION: $ ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS BL, EXP. 12/31/ UBI # , EXP. / / NIA gtt /LL COMPLETION DATE: 1 o 1 I I I Ie (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, $ ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: DATE SENT: 81I2-1/1. ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE IG ED ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: AFILIMreir LJI[R AG# I(p -12 DATE SENT: oc3'o 1 -Ito COUNCIL APPROVAL DATE: DATE REC' D: $ 12$ / ib 11/9 ACS Contract #38804 MEMORANDUM OF UNDERSTANDING BETWEEN AMERICAN CANCER SOCIETY AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 1st d .ty of August 2016, by and between the undersigned representatives of the City of Federal Way ( "City "), a \`.'ashington Municipal Corporation, and American Cancer Society ( "ACS "), a Washington Non -profit ( orporation. RECITALS: WHEREAS, both parties agree to collaborate and coordinate on the planning logistics and implementation of the Howl -O -Ween Bark for Life (pet parade) event at the Federal Way Farmers Market; and WHEREAS, for the mutual fundraising benefits for both parties; and WHEREAS, for providing a community event that will help raise awareness for cancer and physical activity for families and their pets; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: 1. Commitment of the American Cancer Society. ACS agrees to creating, acquiring and/or providing the following: • Registration — ACS to keep 100% of proceeds • Coordinate with the Farmers Market and Federal Way Police Department to establish and attain clearance for the parade route (starting at the Farmers Market, proceeding around the Commons Mall, and ending back at the Farmers Market) • DJ and /or MC and sound system • A web site for the event • Prizes and awards for the contests • Printing of marketing materials 2. Commitment of the City. City agrees to creating, acquiring and/or providing the following: • Vendor participation — City to keep 100% of sponsorship proceeds; City will be sole approver of vendor participation • Stage set up and break down • Graphic design of all marketing materials 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue until terminated on October 1, 2016. The parties may agree to extend the term of this MOU in writing signed by both parties. 4. Indemnification. ACS shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), ACS Contract #38804 which may be asserted by reason of any act or omission of the ACS, its employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the ACS and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this MOU. 5. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington (excepting any conflict of laws provisions which would serve to defeat application of Washington substantive law). [Signature page follows] ACS Contract #3g$04 IN WITNESS \ HEREOF, ACS and the City have executed this MOU as of the day and year first written above by their d y authorized representatives. CITY OF FEDF i :AL WAY: DATE: _/677 AMERICAN CANCER SOCIETY: ATTEST: St pha ie Courtney, CM ity Clerk APPROVED AS TO FORM: V YZ. C yity Attorney, .1-4.1411, C 1 Katrina Minton - Davis, Community Relations Manager DATE: ) I ) (p STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me Katrina Minton - Davis, to me known to be the Community Relations Manager of ACS that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this /°J /day of PATRICIA A. DIAZ NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES DECEMBER 19, 2019 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires /A If / 9' ALT u r ,20 !-