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AG 18-0301 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1• y. '1• ORIGINATING DEPT./DIV: LAW ORIGINATING STAFF PERSON: RYAN CALL EXT: 2.1-”s3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) O PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 RESOLUTION ❑ CONTRACT AMENDMENT (AG#): 'INTERLOCAL ❑ OTHER . PROJECT NAME: SOUTH KING FIRE AND RESCUE ILA NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE �'. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 4 TERM: COMMENCEMENT DATE: UPON EXECUTION (2'22 18) COMPLETION DATE: FEB 2028 (2 /Z2 202S) TOTAL COMPENSATION $ SKFR PAYS THE CITY (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE O PURCHASING: PLEASE CHARGE TO: 1 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER ❑ DIRECTOR O RISK MANAGEMENT (IF APPLICABLE) ❑ LAW r1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: Z• rir 2. CONTRACT SIGNATURE ROUTING O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED o L4 W DEPARTMENT WSIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: InmR INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SOUTH KING FIRE AND RESCUE RELATING TO OFFICE SPACE IN THE FEDERAL WAY CITY HALL BUILDING r�- THIS AGREEMENT is made and entered into this 22 day of 018, by and between South King Fire and Rescue, a political subdivision of the State of Washington, (hereinafter referred to as "District") and the City of Federal Way, Washington, a municipal corporation (hereinafter referred to as "Federal Way or City"), hereinafter collectively referred to as the "Parties." WHEREAS, the City owns and operates a facility commonly known as Federal Way City Hall ("City Hall"); WHEREAS, the District has a fully functional Fire Prevention Division, staffed with trained personnel that regularly approves permits and conducts fire code safety inspections in the area that includes the City; WHEREAS, the District and the City have previously concluded that it is beneficial to the citizens of Federal Way to form a long-term partnership that streamlines the permitting process; WHEREAS, the District and the City believe this partnership and public access to the permit process is most efficiently achieved by collocating the parties' respective permitting functions in one facility; WHEREAS, the parties previously entered into an agreement to build out office space for the District's use at City Hall to facilitate the District providing permit services to the citizens of Federal Way; WHEREAS, the parties agree that the District's presence at City Hall has been successful and agree that the parties should continue this arrangement; WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another government entity to perform any governmental service, activity, or undertaking that either entity is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law as amended; NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, and in consideration of the mutual terms, provisions, and obligations contained herein, it is agreed by and between the City and the District as follows: 1. PREMISES. The City hereby agrees, with the following terms and conditions, to allow the District to occupy a portion of City Hall located at 33325 8th Avenue South, Federal Way, WA 98003, consisting of approximately 1,638 square feet as described in Exhibit "A," which is incorporated by reference (hereinafter referred to as "Premises"). Furnishings and information systems to be used by District personnel will be provided by the District. 2. TERM. The term of this Agreement shall commence upon the effective date of the Agreement and shall continue for ten (10) years. Either party may terminate this Agreement with six (6) months written notice unless a shorter period is mutually agreed upon in writing by the Parties. 3. RENT. In lieu of paying rent, the District agrees to provide fire protection services necessary for the protection and safety of personnel and property on City -owned properties without reimbursement authorized by RCW 52.30.020. 4. ON-GOING MAINTENANCE AND OPERATION COSTS. The City incurs costs to operate City Hall such as taxes, janitorial services, electrical costs, garbage removal, sewer fees, water fees, maintenance and repair of building systems, landscaping and parking lot maintenance, window washing, and natural gas fees. The District agrees to pay to the City annually Five Dollars ($5.00) per square foot of the space described in Exhibit "A" ($5.00 x 1,638 square feet = $8,190.00) to cover the on-going maintenance and operation costs ("M&O Costs") attributable to District use of City Hall. M&O Costs are to be received by the City by the 15th day of December each year. The rate per square foot may be reviewed and adjusted 5 years after the execution of this agreement to reflect actual M&O Costs attributable to District use of City Hall. Such adjustment will be reduced to writing and added to this Agreement as an amendment. 5. M&O COSTS FOR THE YEARS 2015, 2016, AND 2017. The District agrees to pay the City Eight Thousand One Hundred Ninety Dollars ($8,190.00) per year for the years 2015, 2016, and 2017 for a total of Twenty-four Thousand Five Hundred Seventy Dollars ($24,570) in consideration for previously unreimbursed M&O Costs incurred by the City for those years. The District agrees to pay this as a lump sum payment within 2 months of executing this Agreement. 6. FACILITY AMENITIES. The City agrees to provide the following: a. Use of the Premises as described in Exhibit "A"; b. One designated parking space located in the parking area adjacent to City Hall's north entrance marked for Fire Marshall use only, and six designated parking spaces in the lot on the north side of S 333rd Street across from City Hall; and c. Use of City Hall amenities by the District's staff assigned to work at the Premises. 7. USE OF PREMISES. The District shall only use the Premises to fulfill the functions of the Fire Marshall's office and the City of Federal Way. If the District desires to use the space for other purposes, the District will seek written consent from the City, which will not be unreasonably withheld. 8. ASSIGNMENT OR SUBLEASE PROHIBITED. The District agrees to not assign or transfer this Agreement, nor sublet the whole or any part of the Premises, nor grant an option for assignment, transfer, or sublease for the whole or any part of the Premises 9. LIABILITY. The District hereby releases the City from all responsibility for any property placed in the Premises, and indemnifies and holds harmless the City for any loss, injury or damages to persons or property that are sustained solely by reason of the occupancy of the Premises under this Agreement. 10. CONTACT PERSONS. The Parties stipulate that the following persons shall be the contact person for the City and the District, respectively: City: District: Parks District Director Fire Chief City of Federal Way South King Fire and Rescue 33325 8th Avenue S. 31617 1St Avenue S. Federal Way, WA 98003 Federal Way, WA 98003 11. ACTION BY MAYOR AND FIRE CHIEF AUTHORIZED. The Parties authorize the Mayor of the City of Federal Way and the Fire Chief of South King Fire and Rescue to administer and take those actions consistent with this Agreement. 12. FILING OF AGREEMENT. This Agreement will be filed with the King County Auditor by the City Clerk as required by law, or, alternatively, listed by subject on either Party's web site. 13. ENTIRE AGREEMENT - AMENDMENTS. This executed Agreement constitutes the entire understanding and agreement of the Parties. There are no terms, obligations, covenants, or conditions other than those contained herein. Any modification or amendment to this document shall be by agreement of the Parties in writing. 14. THIRD PARTY BENEFICIARIES AND AGENCY. There shall be no third -party beneficiary to this Agreement. This Agreement does not create a new entity, nor shall either Party be deemed to be an agent of the other, for purposes of this Agreement. No property shall exchange between the Parties during the performance of this Agreement. Each Party shall retain all ownership rights in the respective property of that Party. Failure of either Party to insist upon strict performance of any provision of this Agreement shall not be deemed a waiver of that Party's right to insist upon strict performance at a later time. IN WITNESS THEREOF, the Parties have executed this Agreement. DISTRICT: Sph1nie Co rtne/, CMC, Clerk Date: ;-' APPROVED AS TO FORM: J. Ryan Call, City Attorney Allen Churc Date: ATTEST: Date: APPROVED AS TO FORM: Mens Restroom Womens Restroom This map is intended for internal use only Exhibit A Premises to be Occupied by the District Mens Restroom Womens Restroom Front Lobby Elevator Main Stairs J R:\erike\MS\CityHall\City Hall Floor Plans\Fire_DistrictFloor2.mxd