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Ord 89-003 :"" .'t ORDINANCE NO. 89-3 AN ORDINANCE OF THE CITY COUNCIL OF FEDERAL WAY APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF AUBURN AUTHORIZING AUBURN TO ACT AS DEPOSITORY OF THE CITY'S FUNDS. WHEREAS, the City of Federal Way (the "City") is still in the process of organizing its management; and WHEREAS, the City expects to begin receiving various sources; and funds from WHEREAS, it is in the best interests of the City that an interim depository be appointed to handle City funds; and WHEREAS, Chapter 39.34 RCW authorizes municipal corporations to enter into interlocal cooperation agreements pursuant to which one municipality may provide services to another municipality: and WHEREAS, the City of Auburn has agreed to act as depository for the City's funds pending the City's appointment of a City Finance Director and a permanent depository; . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DO ORDAIN AS FOLLOWS: The City Council hereby approves the Interlocal Agreement for Deposit of Funds between the City and the City of Auburn that is attached to this ordinance and incorporated herein by reference. The Council hereby authorizes the Mayor or Chairperson of the Council's Finance Committee and the City Manager to act as authorizing agents pursuant to such agreement. The Mayor and Chairperson of the Council's Finance Committee are hereby authorized and directed to execute the agreement. All actions previously taken by the City's officials and agents in connection with such interlocal cooperation agreement are hereby ratified and approved. 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. Ad~4J fÎ '-(!/t 4Æ City Cler FEDE~L.. W.AY, W~,NG..TON (jþ / ~. ~:~~ Mayor ATTEST: COpy ..1 1 RESOLUTION NO.2 0 0 7 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN , WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOcAL AGREEMENT WITH THE CITY OF FEDERAL WAY FOR THE DEPOSIT OF FUNDS. 4 5 6 WHEREAS, the newly formed CITY OF FEDERAL WAY has elected 7 its Mayor and City Council; and WHEREAS, the elected officials are still in the process 8 of creating the City's management organization; and 9 WHEREAS, the CITY OF FEDERAL WAY requires another 10 municipal corporation to act as depository of Federal Way's 11 funds; 12 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 13 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 14 RESOLVES AS FOLLOWS: 15 16 Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are authorized to execute the Interlocal 17 Agreement for the deposit of funds for the term provided for 18 19 in the Agreement. A copy of the Interlocal Agreement is attached to this Resolution, designated as Exhibit A and 20 21 incorporated by reference in this Resolution. Section 2. The Interlocal Agreement, when signed by both 22 Cities, shall be filed with each of the cities and with the County Auditor and the Secretary of state pursuant to the 23 24 25 26 --------------------- Resolution No. 2007 Page 1 October 31, 1989 // I 1 2 3 requirements of Chapter 39.34 RCW. This Resolution shall also be filed with the aforementioned entities. 4 Section 3. The Mayor is hereby authorized to implement 5 6 such administrative procedures as may be necessary to carry out the directives of this legislation. 7 8 DATED and SIGNED this 6th day of November, 1989. 9 CITY OF AUBURN .~ 10 11 12 13 14 ATTEST: 15 f2¡ <Ù. ) ¡j) f- MiLl u tÆ- Robin Wohlhueter, City Clerk 16 17 18 APPROVED AS TO FORM: 19 21 22 k~ ) ~\^,Ur- Marguerite Schellentrager, City Attorney 23 24 25 26 --------------------- Resolution No. 2007 Page 2 October 31, 1989 1 INTERLOCAL AGREEMENT FOR DEPOSIT OF FUNDS 2 3 THIS AGREEMENT made and entered into between the CITY OF 4 AUBURN a municipal corporation under the laws of the State of Washington, located at 25 West Main, Auburn, WA 98001. 5 6 hereafter referred to as "AUBURN", and the and the CITY OF 7 FEDERAL WAY, a municipal corporation organized under the laws 8 of the state of Washington located at 31122 28Th Ave. S. 9 Federal Way, 98003 hereafter referred to as "FEDERAL WAY". 10 WHEREAS, the newly formed CITY OF FEDERAL WAY has elected 11 its Mayor and City Council; and 12 WHEREAS, the elected officials are still in the process of creating the City's management organization; and 13 14 WHEREAS, the CITY OF FEDERAL WAY requires another 15 municipal corporation to act as depository of Federal Way's 16 funds; 17 NOW, THEREFORE, in accordance with the Interlocal 18 Cooperation Act, Chapter 39.34 RCW, and in consideration of the conditions herein, the parties agree as follows: 19 20 1. PURPOSE. 21 The purpose of this Agreement is to provide for the CITY OF AUBURN to act as a depository for funds belonging to the 22 23 CITY OF FEDERAL WAY. The CITY OF AUBURN, as a municipal 24 25 ----------------------------------------- 26 Interlocal Agreement for Deposit of Funds November 2, 1989 Page 1 lA-OF RESOLUTION NO. 2007 1 2 corporation, understands the legal requirements imposed on the maintenance of municipal accounts including the system of 3 4 uniform accounting required by the state Auditor. The purpose 5 6 of this Agreement is to establish such an interim agency account on behalf of the CITY OF FEDERAL WAY until the CITY OF 7 FEDERAL WAY can complete the organization of its finance 8 9 department and a data base operation. It is intended that the CITY OF AUBURN shall only provide services for the deposit and 10 disbursement of funds as may be duly authorized by the CITY OF 11 FEDERAL WAY and shall act on those funds only at the direction 12 of the CITY OF FEDERAL WAY. It is intended that the CITY OF 13 FEDERAL WAY shall retain all responsibility and obligations 14 15 regarding its funds as a municipal corporation. DEFINITIONS. 2. 16 17 Unless a context clearly shows another usage is intended, the following terms shall haye the meanings in this section: 18 2.1. Aaencv Account: Agency account shall constitute a separate account within the operations of the CITY OF AUBURN Finance Department, which separate account shall be designated as the CITY OF FEDERAL WAY account. This agency account shall be maintained for the deposit of funds belonging to the CITY OF FEDERAL WAY and shall comply with the legal requirements enumerated in Chapter 43.09 RCW and the requirements of the state Auditor's Office. The CITY OF AUBURN shall deposit, expend and invest funds in the agency account only upon 19 20 21 22 23 24 25 26 ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 2 lA-OF RESOLUTION NO. 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the authority and direction of the CITY OF FEDERAL WAY. The agency account shall be maintained through the CITY OF AUBURN'S account with Seafirst Bank Corp. located at 1341 Auburn Way N, Auburn, 98002. 2.2. City of Federal Way Funds These funds shall consist of all monies and revenues belonging to the CITY OF FEDERAL WAY including but not limited to grant awards, transmitted with proper authentication and authorization by the CITY OF FEDERAL WAY for deposit or expenditure in and from the agency account. 2.3 Disbursement and Deposit Authority The Mayor, Finance Chairperson and City Manager of the CITY OF FEDERAL WAY will authorize in writing directions to the CITY OF AUBURN Finance Director for the expenditure, deposit, or disposition of funds contained in the agency account. Such authorization shall include written approval of the directions by the City Council of the CITY OF FEDERAL WAY. Procedures and instruments for the control and disbursement of funds shall be the same as, or consistent with those procedures and instruments of the CITY OF AUBURN. 3. ESTABLISHMENT OF AGENCY ACCOUNT. The CITY OF AUBURN shall establish, on behalf of the CITY OF FEDERAL WAY, an agency account under the direction of the CITY OF AUBURN Finance Department, which account shall be used for the deposit and expenditure of the CITY OF FEDERAL WAY funds. The CITY OF AUBURN shall act as a limited trustee on behalf of the CITY OF FEDERAL WAY'S finances subject to the terms and conditions of this Agreement. The CITY OF FEDERAL WAY shall be solely responsible for the valid authorization of ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 3 IA-0F RESOLUTION NO. 2007 1 2 the acceptance, expenditure, deposit, or disbursement of the 3 CITY OF FEDERAL WAY'S funds. The CITY OF AUBURN, by and 4 through its Finance Director, shall rely on the written direction and authorization provided by the Mayor, Finance 5 6 Chairperson and the City Manager of the CITY OF FEDERAL WAY, 7 as authorizing agents on behalf of FEDERAL WAY. The written 8 authorization shall include documented approval by the City 9 10 Council of the CITY OF FEDERAL WAY. Both cities agree and 11 understand that the books and records contained in the agency account shall be subject to audit in the manner provided by 12 law for the auditing of public funds and shall be open to 13 inspection by the CITY OF FEDERAL WAY at any time. The CITY 14 OF AUBURN reserves the right to request additional written 15 16 authorization by the Mayor and City Council of the CITY OF FEDERAL WAY concerning funds in the account when the CITY OF 17 18 AUBURN determines that such additional written direction and authorization is necessary. 19 4. INVESTMENTS 20 21 Whenever the balance of funds of the CITY OF FEDERAL WAY (as determined at the end of the month) held by the CITY OF AUBURN exceeds $25,000, the CITY OF AUBURN shall invest funds 22 23 held in excess ~f $15,000 in the State Investment Pool for 24 25 ----------------------------------------- 26 Interlocal Agreement for Deposit of Funds November 2, 1989 Page 4 lA-OF RESOLUTION NO. 2007 1 2 local government. The CITY may invest such other funds that 3 4 may not be required for cash flow purposes in the pool as may be determined appropriate by the CITY OF AUBURN. When such 5 6 investments are placed, the CITY OF FEDERAL WAY funds shall accrue interest for the CITY OF FEDERAL WAY on such funds at 7 the rate the CITY OF AUBURN would earn on such funds less an 8 administrative charge which is equal to the administrative 9 charge made by the state pool for investing services. 10 5. PAYROLL SERVICES 11 It is understood that this Agreement does not include the provision of payroll services to the CITY OF FEDERAL WAY by 12 13 the CITY OF AUBURN. 14 6. TERM. 15 This agreement shall commence on approval by the Mayor of the CITY OF AUBURN and shall terminate on January 2, 1990. 16 17 Either party may terminate this Agreement on giving two (2) 18 weeks written notice to the other party. In the event of 19 20 termination by either party, the CITY OF AUBURN shall remit all remaining funds to the CITY OF FEDERAL WAY along with an 21 accounting within a reasonable period of time from the date 22 that the termination takes effect. The term of this Agreement 23 24 may be extended by written addendum signed by both parties. 25 26 ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 5 IA-DF RESOLUTION NO. 2007 1 2 PAYKENT '1'0 AUBURN. 7. 3 For the services provided by the CITY OF AUBURN, the CITY 4 OF FEDERAL WAY agrees to pay to AUBURN the amount of $6.40 per transaction made by AUBURN for FEDERAL WAY for the costs of 5 6 administering the funds under the terms of this Agreement. The parties recognize that during the term of this Agreement, 7 8 AUBURN may be subject to unanticipated additional costs for the management and administration of funds on behalf of the 9 10 CITY OF FEDERAL WAY. The CITY OF FEDERAL WAY agrees to be 11 responsible for such costs, which costs shall be sufficiently documented and itemized by the CITY OF AUBURN. 12 13 8. INDEMNIFICATION/BOLD HARMLESS. 14 15 8.1. The CITY OF AUBURN shall indemnify and hold harmless 16 the CITY OF FEDERAL WAY, its officers, agents, and employees, or any of them from any and all claims, actions, suits, 17 18 liability, loss, cost, expenses, and damages arising by reason of or arising out of the sole negligence of the CITY OF 19 20 AUBURN, its officers, agents, and employees, or any of them in managing and administering funds under the term of this 21 Agreement. In the event that any suit based upon such a 22 23 claim, action, loss, or damage is brought against the CITY OF FEDERAL WAY arising out of the sole negligence of the CITY OF 24 25 ----------------------------------------- 26 Interlocal Agreement for Deposit of Funds November 2, 1989 Page 6 lA-OF RESOLUTION NO. 2007 1 2 3 AUBURN, the CITY OF AUBURN shall defend the same at its own cost and expense; provided that the CITY OF FEDERAL WAY 4 retains the right to participate in said suit if any principle of governmental or public law is involved; and if final 5 6 judgment be rendered against the CITY OF FEDERAL WAY and its 7 8 officers, agents, and employees or any of them, or jointly against the CITY OF FEDERAL WAY and the CITY OF AUBURN and 9 10 their respective officers, agents, employees, or any of them, the CITY OF AUBURN shall satisfy the same to the extent that 11 such judgment is based on the sole negligence of the CITY OF 12 13 AUBURN. 8.2. The CITY OF FEDERAL WAY agrees to indemnify, defend, 14 and hold harmless the CITY OF AUBURN and its officers, agents, and employees or any of them from any and all claims, actions, 15 16 suits, liability, loss, cost, expenses, and damages of any 17 nature whatsoever, by reason of or arising out of any action 18 19 or omission of the CITY OF FEDERAL WAY, its officers, agents, and employees, relating to the CITY OF FEDERAL WAY'S 20 authorization, direction or responsibilities concerning the 21 22 deposit, expenditure or appropriation of CITY OF FEDERAL WAY funds or directions given to the CITY OF AUBURN concerning 23 FEDERAL WAY funds. In the event that any suit based upon such 24 25 26 ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 7 IA-DF RESOLUTION NO. 2001 .. ,. .26 1 2 3 claim, action, loss or damages is brought against the CITY OF AUBURN, the CITY OF FEDERAL WAY shall defend the same at its 4 sole cost and expense; provided that the CITY OF AUBURN 5 6 retains the right to participate in said suit if any principle of governmental or public law is involved, and if final 7 judgment be rendered against the CITY OF AUBURN, its officers, agents, and employees, or any of them, or jointly against the 8 9 10 CITY OF AUBURN and the CITY OF FEDERAL WAY and their respective officers, agents, and employees, or any of them, 11 12 the CITY OF FEDERAL WAY agrees to satisfy the same. 9. ENTIRE AGREEMENT. This Agreement represents the entire understanding 13 14 between the parties. It supersedes any oral representations 15 that are inconsistent with or modify its terms and conditions. 16 10. FILING OJ' AGREEMENT. 17 18 A copy of this Agreement shall be filed with the City Clerk of the CITY OF AUBURN, the CITY OF FEDERAL WAY, the 19 County Auditor, and the Secretary of state, pursuant to the 20 requirements of RCW 39.34.040. 21 22 23 24 25 ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 8 IA-DF RESOLUTION NO. 2007 . . ..-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 . 26 DATED this .l.c.fiLday of )1/L/J..f/71 ¡L.lA ~ , 1989. CITY OP AUBURN ~~ MAYOR ATTEST: e¡..¡ A-{ U ¿ ÆJ W IÚ <.L £:v Robin Wohlhueter, City Clerk APPROVED AS TO FORM: 16 17 \\\~-;"~ ~ W AA~ ~~ Marguerite Schellentrager, City Attorney 18 19 20 21 22 23 24 25 ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 9 IA-DF RESOLUTION NO. 2007 . . 25 . 26 1 2 3 4 5 6 7 8 9 10 ATTEST: 11 / . (/ß-:;i- /¿ CL 12 If~ty'~~1¥~'k /. '"l 1" 13 14 CHAIRMAN, CITY OF FEDERAL WAY FINANCE COMMITTEE: 15 16 17 ~o/~ ¿ ~ 18 19 CITY OF FEDERAL WAY CITY MANAGER: 20 21 22 23 24 CITY OF FEDERAL WAY PASSED THE CITY COUNCIL DATE: 72óZ), It /9¿?9 2loha/ ~¿ , MAY 0 R ----------------------------------------- Interlocal Agreement for Deposit of Funds November 2, 1989 Page 10 IA-DF RESOLUTION NO. 2007 , . STATE OF WASHINGTON) ) SSe COUNTY OF KING) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situated in the County of King, State of Washington, do hereby certify that the attached Resolution NO. 2007 is a true and correct copy. Witness my hand and the official seal of the City of Auburn this 16th day of November A.D., 1989. ~ ()JWkdi;u Robin Wohlhueter City Clerk, City of Auburn 25 West Main, Auburn, WA 98001-4998 (206) 931-3000 . . FINANCE DEPARTMENT 25 WEST MAIN, AUBURN, WA 98001 (206) 931-3033 BOBROEGNER,MAYOR ~AT DUGAN, FINANCE DIRECTOR November 27, 1989 Mr. Pat Floyd City of Federal Way P. O. Box 8057 Federal Way, W A 98003 Dear Mr. Floyd: On November 6, 1989 the City of Auburn adopted Resolution No. 2007 authorizing an interlocal agreement between the City of Auburn and the City of Federal Way for the Deposit of Funds, Pursuant to Resolution No. 2007 a copy of this agreement shall be filed with you. Enclosed please find a copy of City of Auburn Resolution No, 2007 as required. If you have any questions, please give me a call at 931-3039. Sincerely, ./ // I.' , "/ ; ~.¿J.~ i.'.~ Gayle Bptcher Deputy City Clerk /, of' )'- 4-- / . ~/ /jf ../--~ '-" cc: Pat Dugan Arlene Mempa Marguerite Schellentrager File: ADMIN3.16.1 f:\clerk\cont\ 11-15FW 1 ADDENDUM I TO INTERLOCAL AGREEMENT FOR DEPOSIT OF FUNDS 2 3 THIS ADDENDUM I made and entered into between the CITY OF 4 AUBURN, a municipal corporation under the laws of the state of 5 6 Washington, located at 25 West Main, Auburn, WA 98001 hereafter referred to as "AUBURN" and the CITY OF FEDERAL WAY, 7 a municipal corporation organized under the laws of the state 8 9 of Washington, located at 31122 28th Avenue South, Federal Way, WA 98003 hereafter referred to as "FEDERAL WAY". 10 WHEREAS, the newly formed CITY OF FEDERAL WAY has entered into an Interlocal Agreement with the CITY OF AUBURN to allow 11 12 AUBURN to act as depository of FEDERAL WAY's funds; and 13 WHEREAS, the agreement was entered into between the 14 parties on Noyember 14, 1989; and 15 WHEREAS, the agreement provided for an expiration date of 16 17 January 2, 1990 but provided that the agreement could be extended by written addendum signed by both parties: 18 NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANT 19 20 AND CONDITIONS OF THIS ADDENDUM I, THE PARTIES AGREE AS FOLLOWS: 21 Section 1. The purpose of this Addendum I is PURPOSE. 22 to extend the term of the Interlocal Agreement for deposit of 23 funds between the City of Auburn and the City of Federal Way. 24 25 26 ---------------------- ADDENDUM I Federal Way December 13, 1989 Resolution 2022 (AI-FW) Page 1 1 2 AMENDED TERM. The term of the original Section 2. 3 Interloca1 Agreement between the parties is hereby extended to 4 February 28, 1990. 5 Section 3. with the exception of REMAINING PROVISIONS. 6 the amended term herein, all of the remaining provisions of 7 the original Interlocal Agreement for Deposit of Funds shall remain in full force of effect and are not amended in any way. 8 9 FILING OF ADDENDUM I. A copy of this Section 4. 10 Addendum I shall be filed with the City Clerk of the City of 11 Federal Way, the County Auditor, and the Secretary of state 12 pursuant to the requirements of RCW 39.34.040. DATED this 18th day of December, 1989. 13 14 15 CITY OF AUBURN 16 17 ~ ' !{ 18 19 ATTEST: 20 21 22 23 24 25 ---------------------- 26 ADDENDUM I Federal Way December 13, 1989 Resolution 2022 (AI-FW) Page 2 , , 1 2 APPROVED AS TO FORM: 5 6 7 8 9 10 11 12 CITY OF FEDERAL WAY PASSED BY THE CITY COUNCIL DATE: DL&/'-?'PLL-¿/1/ ~ I / 9 5~C¡ (¿elM, ~. MAYO~-OF FEDERAL WAY Chairperson, City of Federal Way Finance Committee: 13 14 15 16 7'ldif ~ ;& ;ftv 17 City of Federal Way city Manager: 18 z: a /J .' .f-/ tt'é'>í ¡; /3 L - / 19 20 21 APPROVED AS TO FORM: 22 23 ~ ""?J !JJ.¿L~ CitY...Ãttorney City of Federal Way 24 25 ---------------------- 26 ADDENDUM I Federal Way December 13, 1989 Resolution 2022 (AI-F~) Page 3