Ord 89-003
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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
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RESOLUTION NO.2 0 0 7
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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.
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WHEREAS, the newly formed CITY OF FEDERAL WAY has elected
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its Mayor and City Council; and
WHEREAS, the elected officials are still in the process
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of creating the City's management organization; and
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WHEREAS, the CITY OF FEDERAL WAY requires another
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municipal corporation to act as depository of Federal Way's
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funds;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
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RESOLVES AS FOLLOWS:
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Section 1.
The Mayor and City Clerk of the City of
Auburn, Washington, are authorized to execute the Interlocal
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Agreement for the deposit of funds for the term provided for
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in the Agreement.
A copy of the Interlocal Agreement is
attached to this Resolution, designated as Exhibit A and
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incorporated by reference in this Resolution.
Section 2.
The Interlocal Agreement, when signed by both
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Cities, shall be filed with each of the cities and with the
County Auditor and the Secretary of state pursuant to the
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Resolution No. 2007
Page 1
October 31, 1989
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requirements of Chapter 39.34 RCW.
This Resolution shall also
be filed with the aforementioned entities.
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Section 3.
The Mayor is hereby authorized to implement
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such administrative procedures as may be necessary to carry
out the directives of this legislation.
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DATED and SIGNED this 6th day of November, 1989.
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CITY OF AUBURN
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ATTEST:
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f2¡ <Ù. ) ¡j) f- MiLl u tÆ-
Robin Wohlhueter, City Clerk
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APPROVED AS TO FORM:
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k~ ) ~\^,Ur-
Marguerite Schellentrager,
City Attorney
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Resolution No. 2007
Page 2
October 31, 1989
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INTERLOCAL AGREEMENT FOR DEPOSIT OF FUNDS
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THIS AGREEMENT made and entered into between the CITY OF
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AUBURN a municipal corporation under the laws of the State of
Washington, located at 25 West Main, Auburn, WA 98001.
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hereafter referred to as "AUBURN", and the and the CITY OF
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FEDERAL WAY, a municipal corporation organized under the laws
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of the state of Washington located at 31122 28Th Ave. S.
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Federal Way, 98003 hereafter referred to as "FEDERAL WAY".
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WHEREAS, the newly formed CITY OF FEDERAL WAY has elected
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its Mayor and City Council; and
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WHEREAS, the elected officials are still in the process
of creating the City's management organization; and
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WHEREAS, the CITY OF FEDERAL WAY requires another
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municipal corporation to act as depository of Federal Way's
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funds;
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NOW, THEREFORE, in accordance with the Interlocal
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Cooperation Act, Chapter 39.34 RCW, and in consideration of
the conditions herein, the parties agree as follows:
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1.
PURPOSE.
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The purpose of this Agreement is to provide for the CITY
OF AUBURN to act as a depository for funds belonging to the
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CITY OF FEDERAL WAY.
The CITY OF AUBURN, as a municipal
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 1
lA-OF RESOLUTION NO. 2007
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corporation, understands the legal requirements imposed on the
maintenance of municipal accounts including the system of
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uniform accounting required by the state Auditor.
The purpose
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of this Agreement is to establish such an interim agency
account on behalf of the CITY OF FEDERAL WAY until the CITY OF
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FEDERAL WAY can complete the organization of its finance
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department and a data base operation.
It is intended that the
CITY OF AUBURN shall only provide services for the deposit and
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disbursement of funds as may be duly authorized by the CITY OF
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FEDERAL WAY and shall act on those funds only at the direction
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of the CITY OF FEDERAL WAY.
It is intended that the CITY OF
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FEDERAL WAY shall retain all responsibility and obligations
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regarding its funds as a municipal corporation.
DEFINITIONS.
2.
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Unless a context clearly shows another usage is intended,
the following terms shall haye the meanings in this section:
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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
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 2
lA-OF RESOLUTION NO. 2007
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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
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 3
IA-0F RESOLUTION NO. 2007
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the acceptance, expenditure, deposit, or disbursement of the
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CITY OF FEDERAL WAY'S funds.
The CITY OF AUBURN, by and
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through its Finance Director, shall rely on the written
direction and authorization provided by the Mayor, Finance
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Chairperson and the City Manager of the CITY OF FEDERAL WAY,
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as authorizing agents on behalf of FEDERAL WAY.
The written
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authorization shall include documented approval by the City
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Council of the CITY OF FEDERAL WAY.
Both cities agree and
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understand that the books and records contained in the agency
account shall be subject to audit in the manner provided by
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law for the auditing of public funds and shall be open to
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inspection by the CITY OF FEDERAL WAY at any time.
The CITY
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OF AUBURN reserves the right to request additional written
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authorization by the Mayor and City Council of the CITY OF
FEDERAL WAY concerning funds in the account when the CITY OF
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AUBURN determines that such additional written direction and
authorization is necessary.
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4.
INVESTMENTS
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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
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held in excess ~f $15,000 in the State Investment Pool for
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 4
lA-OF RESOLUTION NO. 2007
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local government.
The CITY may invest such other funds that
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may not be required for cash flow purposes in the pool as may
be determined appropriate by the CITY OF AUBURN.
When such
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investments are placed, the CITY OF FEDERAL WAY funds shall
accrue interest for the CITY OF FEDERAL WAY on such funds at
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the rate the CITY OF AUBURN would earn on such funds less an
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administrative charge which is equal to the administrative
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charge made by the state pool for investing services.
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5.
PAYROLL SERVICES
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It is understood that this Agreement does not include the
provision of payroll services to the CITY OF FEDERAL WAY by
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the CITY OF AUBURN.
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6.
TERM.
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This agreement shall commence on approval by the Mayor of
the CITY OF AUBURN and shall terminate on January 2, 1990.
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Either party may terminate this Agreement on giving two (2)
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weeks written notice to the other party.
In the event of
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termination by either party, the CITY OF AUBURN shall remit
all remaining funds to the CITY OF FEDERAL WAY along with an
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accounting within a reasonable period of time from the date
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that the termination takes effect.
The term of this Agreement
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may be extended by written addendum signed by both parties.
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 5
IA-DF RESOLUTION NO. 2007
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PAYKENT '1'0 AUBURN.
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For the services provided by the CITY OF AUBURN, the CITY
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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
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administering the funds under the terms of this Agreement.
The parties recognize that during the term of this Agreement,
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AUBURN may be subject to unanticipated additional costs for
the management and administration of funds on behalf of the
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CITY OF FEDERAL WAY.
The CITY OF FEDERAL WAY agrees to be
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responsible for such costs, which costs shall be sufficiently
documented and itemized by the CITY OF AUBURN.
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8.
INDEMNIFICATION/BOLD HARMLESS.
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8.1. The CITY OF AUBURN shall indemnify and hold harmless
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the CITY OF FEDERAL WAY, its officers, agents, and employees,
or any of them from any and all claims, actions, suits,
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liability, loss, cost, expenses, and damages arising by reason
of or arising out of
the sole negligence of the CITY OF
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AUBURN, its officers, agents, and employees, or any of them in
managing and administering funds under the term of this
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Agreement.
In the event that any suit based upon such a
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claim, action, loss, or damage is brought against the CITY OF
FEDERAL WAY arising out of the sole negligence of the CITY OF
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 6
lA-OF RESOLUTION NO. 2007
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AUBURN, the CITY OF AUBURN shall defend the same at its own
cost and expense; provided that the CITY OF FEDERAL WAY
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retains the right to participate in said suit if any principle
of governmental or public law is involved; and if final
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judgment be rendered against the CITY OF FEDERAL WAY and its
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officers, agents, and employees or any of them, or jointly
against the CITY OF FEDERAL WAY and the CITY OF AUBURN and
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their respective officers, agents, employees, or any of them,
the CITY OF AUBURN shall satisfy the same to the extent that
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such judgment is based on the sole negligence of the CITY OF
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AUBURN.
8.2. The CITY OF FEDERAL WAY agrees to indemnify, defend,
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and hold harmless the CITY OF AUBURN and its officers, agents,
and employees or any of them from any and all claims, actions,
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suits, liability, loss, cost, expenses, and damages of any
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nature whatsoever, by reason of or arising out of any action
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or omission of the CITY OF FEDERAL WAY, its officers, agents,
and employees, relating to the CITY OF FEDERAL WAY'S
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authorization, direction or responsibilities concerning the
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deposit, expenditure or appropriation of CITY OF FEDERAL WAY
funds or directions given to the CITY OF AUBURN concerning
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FEDERAL WAY funds.
In the event that any suit based upon such
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 7
IA-DF RESOLUTION NO. 2001
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claim, action, loss or damages is brought against the CITY OF
AUBURN, the CITY OF FEDERAL WAY shall defend the same at its
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sole cost and expense; provided that the CITY OF AUBURN
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retains the right to participate in said suit if any principle
of governmental or public law is involved, and if final
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judgment be rendered against the CITY OF AUBURN, its officers,
agents, and employees, or any of them, or jointly against the
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CITY OF AUBURN and the CITY OF FEDERAL WAY and their
respective officers, agents, and employees, or any of them,
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the CITY OF FEDERAL WAY agrees to satisfy the same.
9. ENTIRE AGREEMENT.
This Agreement represents the entire understanding
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between the parties.
It supersedes any oral representations
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that are inconsistent with or modify its terms and conditions.
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10.
FILING OJ' AGREEMENT.
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A copy of this Agreement shall be filed with the City
Clerk of the CITY OF AUBURN, the CITY OF FEDERAL WAY, the
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County Auditor, and the Secretary of state, pursuant to the
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requirements of RCW 39.34.040.
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 8
IA-DF RESOLUTION NO. 2007
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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:
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\\\~-;"~ ~ W AA~ ~~
Marguerite Schellentrager,
City Attorney
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 9
IA-DF RESOLUTION NO. 2007
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10 ATTEST:
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CHAIRMAN, CITY OF FEDERAL WAY
FINANCE COMMITTEE:
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~o/~ ¿ ~
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CITY OF FEDERAL WAY
CITY MANAGER:
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CITY OF FEDERAL WAY
PASSED THE CITY COUNCIL
DATE: 72óZ), It /9¿?9
2loha/ ~¿
, MAY 0 R
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Interlocal Agreement for Deposit of Funds
November 2, 1989
Page 10
IA-DF RESOLUTION NO. 2007
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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
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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,
./
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I.' , "/
; ~.¿J.~ i.'.~
Gayle Bptcher
Deputy City Clerk
/, of'
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'-"
cc:
Pat Dugan
Arlene Mempa
Marguerite Schellentrager
File: ADMIN3.16.1
f:\clerk\cont\ 11-15FW
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ADDENDUM I TO INTERLOCAL AGREEMENT FOR DEPOSIT OF FUNDS
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THIS ADDENDUM I made and entered into between the CITY OF
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AUBURN, a municipal corporation under the laws of the state of
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Washington, located at 25 West Main, Auburn, WA 98001
hereafter referred to as "AUBURN" and the CITY OF FEDERAL WAY,
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a municipal corporation organized under the laws of the state
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of Washington, located at 31122 28th Avenue South, Federal
Way, WA 98003 hereafter referred to as "FEDERAL WAY".
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WHEREAS, the newly formed CITY OF FEDERAL WAY has entered
into an Interlocal Agreement with the CITY OF AUBURN to allow
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AUBURN to act as depository of FEDERAL WAY's funds; and
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WHEREAS, the agreement was entered into between the
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parties on Noyember 14, 1989; and
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WHEREAS, the agreement provided for an expiration date of
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January 2, 1990 but provided that the agreement could be
extended by written addendum signed by both parties:
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANT
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AND CONDITIONS OF THIS ADDENDUM I, THE PARTIES AGREE AS
FOLLOWS:
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Section 1.
The purpose of this Addendum I is
PURPOSE.
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to extend the term of the Interlocal Agreement for deposit of
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funds between the City of Auburn and the City of Federal Way.
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ADDENDUM I Federal Way
December 13, 1989
Resolution 2022 (AI-FW)
Page 1
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AMENDED TERM.
The term of the original
Section 2.
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Interloca1 Agreement between the parties is hereby extended to
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February 28, 1990.
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Section 3.
with the exception of
REMAINING PROVISIONS.
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the amended term herein, all of the remaining provisions of
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the original Interlocal Agreement for Deposit of Funds shall
remain in full force of effect and are not amended in any way.
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FILING OF ADDENDUM I.
A copy of this
Section 4.
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Addendum I shall be filed with the City Clerk of the City of
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Federal Way, the County Auditor, and the Secretary of state
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pursuant to the requirements of RCW 39.34.040.
DATED this 18th day of December, 1989.
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CITY OF AUBURN
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ATTEST:
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ADDENDUM I Federal Way
December 13, 1989
Resolution 2022 (AI-FW)
Page 2
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APPROVED AS TO FORM:
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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:
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7'ldif ~ ;& ;ftv
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City of Federal Way city Manager:
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/J .' .f-/
tt'é'>í ¡; /3 L -
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APPROVED AS TO FORM:
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~ ""?J !JJ.¿L~
CitY...Ãttorney
City of Federal Way
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ADDENDUM I Federal Way
December 13, 1989
Resolution 2022 (AI-F~)
Page 3