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Ord 89-002 ORDINANCE NO. 89-2 AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY APPROVING A LOAN AGREEMENT WITH THE STATE OF WASHINGTON. WHEREAS, the State of Washington has agreed to loan $50,000 to the City of Federal Way; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City that the City accept the loan from the State of Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DO ORDAIN AS FOLLOWS: The City Council hereby agrees to borrow $50,000 from the State of Washington at 0% interest to be repaid no later than October 31, 1990, upon the terms and subject to the conditions set forth in the loan agreement that is attached to this ordinance and incorporated herein by reference. The Mayor is hereby authorized and directed to execute the loan agreement. /- , All actions previously taken by the City's officials and agents in connection with the State loan are hereby ratified and approyed. This ordinance shall become effective from and after its passage and publication as required by law on the date of incorporation of the City. Passed by the City Council of the City of Federal Way at a regular meeting held this 31st day of October, 1989. FEDERAL WAY, WASHINGTON iJfÁA / f?u ayor K:\nmn\FS03S-89.001\210.0ZP ATTEST: /Ý.HuJ (J. ;;¡/ÞU'é City lerk COpy --...... -~ ,.."' " " .l . -.. -" STATE OF WASHINGTON DEPARTMENT OF COMMUNITY DEVELOPMENT INTERGOVERNMENTAL LOAN AGREEMENT This LOAN AGREEMENT, entered into by and between the city of Federal Way (hereinafter referred to as the CITY), and the Washington state Department of Community Development (hereinafter referred to as the DEPARTMENT), WITNESSES THAT: WHEREAS, the DEPARTMENT has the statutory responsibility under RCW 43.63A.065 to cooperate with and provide assistance to the cities, counties, municipal corporations, governmental conferences, and regional planning commissions serving the communities of the state of Washington; and WHEREAS, the CITY intends to form a municipal corporation created pursuant to chapter 35.02 RCW; and WHEREAS, the DEPARTMENT recognizes the financial liabilities incurred by the CITY prior to incorporation, and also recognizes that the CITY will not begin receiving its full share of revenue distributions until several months following incorporation; and WHEREAS, the DEPARTMENT desires to enter into this AGREEMENT with the CITY to provide the CITY with start-up funds, subject to the terms and provisions as hereinafter agreed upon by both parties. . NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties hereto agree as follows: 1. AMOUNT AND TERM OF LOAN a) The total funds to be loaned to the CITY under this AGREEMENT shall not exceed fifty-thousand dollars ($50,000), at zero (-0-) interest. The CITY reserves the right to establish the rate of repaYment under this AGREEMENT, provided that full repaYment is completed not later than October 31, 1990. RepaYment shall be made by check, money order, or other equivalent means to the following address: b) Department of Community Development Administrative Services Division 9th and Columbia Building Mail stop GH-51 OlYmpia, Washington 98504-4151 1 fi :-: ,"" :: : '; -. L;'OJ_. .,';;:,I) DEe í 5 1989 CI¡Y OF FEDERAL WAY ~ 2. PURPOSE Funds awarded under this AGREEMENT shall be used by the CITY solely for municipal start-up expenses associated with their upcoming incorporation. 3. AGREEMENT PERIOD The effective date of this AGREEMENT shall be upon the date of the last signature of the parties hereto. The termination date of the AGREEMENT shall be December 15, 1990. 4. DISBURSEMENT OF LOAN PROCEEDS Disbursement of loan proceeds shall be at the rate requested by the CITY, and may consist of either reimburseable or advance costs. The CITY shall submit to the DEPARTMENT a Washington State Invoice Voucher (Form A-19) when requesting funds available under this AGREEMENT. within twenty (20) days after receiving the voucher, the DEPARTMENT shall remit to the CITY a warrant for the amount requested. 5. INTEREST EARNED ON LOAN FUNDS a) Interest earned on funds loaned to the CITY under this AGREEMENT shall accrue to the benefit of the CITY, proyided that such interest earned is expended in furtherance of Section 2. herein, and in a manner consistent with the terms and provisions of tpis AGREEMENT. b) Interest earned on funds loaned to the CITY, and expended by the CITY in accordance with the terms and provisions of this AGREEMENT, are not subject to repayment. c) The CITY shall maintain generally accepted accounting principles to ensure that any and all interest earned from the funds made available under this AGREEMENT can be readily identified and accounted for in an audit. DEFAULT IN REPAYMENT 6. Repayment not received within thirty (30) days of the due date described in section 1 herein shall be declared delinquent, and subject to a penalty of twelve (12) percent interest per annum on any unpaid balance. Upon such default, the DEPARTMENT reserves the right to declare the unpaid balance of the loan, together with interest penalties accrued, immediately due and payable. The CITY shall pay the costs of reasonable attorney's fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. 2 , . -.., 7. EVALUATION AND MONITORING a) b) 8. 9. 10. Commencing monthly after the effective date of this AGREEMENT, the CITY shall file a brief report with the DEPARTMENT indicating how the loan proceeds have been utilized to achieve the objectives of this AGREEMENT. The CITY shall cooperate with and freely participate in any other monitoring or evaluation activities conducted by the DEPARTMENT that are pertinent to the intent of this AGREEMENT. The DEPARTMENT or the state Auditor and any of their representatives shall have full access to and the right to examine during normal business hours and a~ often as the DEPARTMENT or the state Auditor may deem necessary, all the CITY'S records with respect to all matters covered in this AGREEMENT. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, inyoices, materials, payrolls, and records of matters covered by this AGREEMENT. Such rights last for three years from the date final payment is made hereunder. EMPLOYMENT PROVISIONS There shall be no discrimination against any employee who is paid by the funds indicated in the AGREEMENT or against any applicant for such employment because of race, religion, color, sex, age, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of payor other forms of compensation, and selection for training. AGREEMENT MODIFICATIONS The DEPARTMENT and the CITY may, from time to time, request changes in services to be performed with the funds. Any such changes that are mutually agreed upon by the DEPARTMENT and the CITY shall be incorporateQ herein by written amendment to this AGREEMENT. It is mutually agreed and understood that no alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, shall not be binding. TERMINATION OF AGREEMENT a) If, through any cause, the CITY shall fàil to fulfill in a timely and proper manner its obligations under this AGREEMENT or if the CITY shall violate any of its 3 b) 11. .~ covenants, agreements or stipulations of this AGREEMENT, the DEPARTMENT shall thereupon have the right to terminate this AGREEMENT and withhold the remaining allocation if such default or violation is not corrected within twenty (20) days after submitting written notice to the CITY describing such default or violation. Notwithstanding any provisions of this AGREEMENT, either party may terminate this AGREEMENT by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. Reimbursement for services performed by the CITY, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination, shall be as the DEPARTMENT reasonably determines. SPECIAL PROVISION The DEPARTMENT's failure to insist upon the strict performance of any provision of this AGREEMENT or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. 12. HOLD HARMLESS b) a) It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this AGREEMENT. Each party hereto agrees to be responsible and assume liability for its own non-performance acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. Each contract for services or activities utilizing funds provided in whole or in part by this AGREEMENT shall include a provision that the DEPARTMENT and the state of Washington are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the contracts. 13. RECAPTURE PROVISION In the event that the CITY fails to expend state funds in accordance with state law and/or the provisions of this AGREEMENT, the DEPARTMENT reserves the right to recapture 4 state funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination of the AGREEMENT. Repayment by the CITY of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that the DEPARTMENT is required to institute proceedings to enforce this recapture provision, the DEPARTMENT shall be entitled to its cost thereof, including reasonable attorney's fees. 14. SEVERABILITY In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this AGREEMENT which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this AGREEMENT are declared severable. 15. REDUCTION IN FUNDS The DEPARTMENT may unilaterally terminate all or part of this AGREEMENT, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this AGREEMENT. 16. ADMINISTRATION a) The CITY'S representative shall be fH~. .~QC.~.. The DEPARTMENT'S representative shall be Ken Back. b) IN WITNESS WHEREOF, the DEPARTMENT and CITY have executed AG~~NT as of the date and year written below. ~~ eh-1 f- rJ1eÞ.o- ~ Chuck Clarke, Director CITY Department of Community Development / 1-ltJ-tr DATE this ~~ TITLE L-. lUn<-e,nh/L / ~ / ~ cP 7 DATE :L~ DATE OC/r- ( ~q 5