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AG 16-127RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PARKS 2. ORIGINATING STAFF PERSON: D■V i ct C to VIA, 014.3 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 #): 1�OTHER 114OV EXT: 041 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: New! - - wee Nt R eke k cOV Li 4G 6. NAME OF CONTRACTOR: ADDRESS: E -MAIL: SIGNATURE NAME: rsdsro l Way Fox vv►erS Markel- Rb$d E ti1 TELEPHONE: FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: )(SCOPE, WORK OR SERVICES 1( COMPENSATION INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. I / / 8. TERM: COMMENCEMENT DATE: s 1 f; / Lb COMPLETION bvv ON DATE: t b i i l l i, - 30 r /. S$ 66r fad 14 uh 1 ar 1116" in 9. TOTAL COMPENSATION: $ 66 bO. o D 0 5 p e vl s e r3IA ' p .i $1,6015. Ot(INCLUDE EXPENSES AND SALES TAX, IF ANY) .31$ dort S • rs (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, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT / CONTRACT REVIEW ❑ PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: clilL ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE SIGNEp -OYL.- to I `t l I b b•4,•bb t0��4 �lv NO C a • AG# I(g-I I DATE SENT: 10 OS -I10 INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: `}`2r� /I G 11/9 MEMORANDUM OF UNDERSTANDING BETWEEN FEDERAL WAY FARMER'S MARKET AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 1St day of August 2016, by and between the undersigned representatives of the City of Federal Way ( "City "), a Washington Municipal Corporation, and Federal Way Farmer's Market ( "FWFM "), a Washington Non - profit Corporation. 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 Federal Way Farmer's Market. FWFM agrees to: • Coordinate with the Commons Mall and Sears to provide a designated space for a City owned stage from September 30 - October 3. • Provide venue space for all sponsors acquired by the City for the event. • Recognize the City and the American Cancer Society as equal partners for the Howl -o -ween Bark for Life (pet parade) in all marketing materials, website, etc. • Refer all potential sponsors not on the Farmers Market provided list to the City for event sponsorship. 2. Commitment of the City. City agrees to: • Provide City owned stage for event usage. • Provide graphic and promotional materials including flyers, posters, and social media advertisement for the event. • Pay Five Hundred and NO /100 dollars ($500.00) if total sponsorship for the event is greater than One Thousand Five Hundred and NO /100 dollars ($1,500.00), or Thirty Percent (30 %) of total collected sponsorship fees if less than One Thousand Five Hundred and NO /100 dollars ($1,500.00). 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue until terminated on October 3, 2016. The parties may agree to extend the term of this MOU in writing signed by both parties. 4. Indemnification. FWFM 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), which may be asserted by reason of any act or omission of the FWFM, its employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the FWFM 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] IN WITNESS WHEREOF, FWFM and the City have executed this MOU as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY: ■ By: John Hutton, Parks Director DATE: (o•4' lC FEDERAL WAY FARMERS MARKET: DATE: ATTEST: h. ie Courtney, CMC APPROVED AS TO FORM: fie y Clerk City Attorney, pick &.s STATE OF WASHINGTON ) ) ss. COUNTY OF in 5 ) On this day personally appeared before me Rose Ehl, to me known to be the Secretary of the Federal Way Farmers Market 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 22— day of i',1 1 \RY PUBIC STATE OF WASHINGTON JANICE L. SIEBENALER My Appointment Expires MARCH 27, 2020 K:\agreement/Templates - Forms/MOU.doc Notary's signature Notary's printed p-� r / "//411W ,20)40 jt L --Si t2e77. tor' Notary Public in and for the State of Washington. My commission expires 3 / ?i /2L J D MEMORANDUM OF UNDERSTANDING BETWEEN FEDERAL WAY FARMER'S MARKET AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 1St day of August 2016, by and between the undersigned representatives of the City of Federal Way ( "City "), a Washington Municipal Corporation, and Federal Way Farmer's Market ( "FWFM "), a Washington Non -profit Corporation. 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 Federal Way Farmer's Market. FWFM agrees to: • Coordinate with the Commons Mall and Sears to provide a designated space for a City owned stage from September 30 - October 3. • Provide venue space for all sponsors acquired by the City for the event. • Recognize the City and the American Cancer Society as equal partners for the Howl -o -ween Bark for Life (pet parade) in all marketing materials, website, etc. • Refer all potential sponsors not on the Farmers Market provided list to the City for event sponsorship. 2. Commitment of the City. City agrees to: • Provide City owned stage for event usage. • Provide graphic and promotional materials including flyers, posters, and social media advertisement for the event. • Pay Five Hundred and NO /100 dollars ($500.00) if total sponsorship for the event is greater than One Thousand Five Hundred and NO /100 dollars ($1,500.00), or Thirty Percent (30 %) of total collected sponsorship fees if less than One Thousand Five Hundred and NO /100 dollars ($1,500.00). 3. Term and Termination. The terms of this MOU shall commence on the date written above and shall continue until terminated on October 3, 2016. The parties may agree to extend the term of this MOU in writing signed by both parties. 4. Indemnification. FWFM 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), MEMORANDUM OF UNDERSTANDING BETWEEN FEDERAL WAY FARMER'S MARKET AND THE CITY OF FEDERAL WAY THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") is made this 1St day of August 2016, by and between the undersigned representatives of the City of Federal Way ( "City "), a Washington Municipal Corporation, and Federal Way Farmer's Market ( "FWFM "), a Washington Non -profit Corporation. 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 Arm WHEREAS, for eating fun community event for families and their pets, as well as aise : wareness for cancer and physical vi , 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 Federal Way Farmer's Market. FWFM agrees to mating, wig- and.Ior. providing ., fnllowiag: ' py ►dl'e- • 'Venue spac or all sponsors acquired by the City for the event he City and the American Cancer Society as equal partners in all marketing materials, ,-c. • Refer all potential sponsors not on the Farmers Market provided list to the City for event sponsorship 2. Commitment of the City. City agrees to =. ' : : • _ • = • _' 7\ r6p1 ,rit e, v •.A k verb }�i� Ivikd o4' behre • $500 fee for use of Farmer's Market parking lot if total sponsorship is over $1,500.00. 30% of total collected sponsorship fees if less than $1,500.00. 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. FWFM 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), which may be asserted by reason of any act or omission of the FWFM, its employees, agents, or contractors, which may arise out of this MOU. The City shall indemnify and hold harmless the FWFM 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