Northshore Parks and Recreation Service Area 6/1/2021

INTERAGENCY AGREEMENT BETWEEN CITY OF EVERETT,WASHINGTON AND NORTHSHORE PARKS AND RECREATION SERVICE AREA This Agreement is made and entered into by and between the City of Everett, hereinafter referred to as "City", and the Northshore Parks and Recreation Service Area, hereafter referred to as "Agency," each party having been duly organized and now existing under the laws of the State of Washington. WHEREAS,the City has entered into a job order contract as authorized by Chapter 39.10 RCW with Forma Construction ("Contractor") dated on or about November 20, 2018, as amended by amendments 1-4 (the "JOC Contract"); and WHEREAS, the JOC Contract was procured by a Request for Proposals, "Job Order Contracting—General Construction Services RFP#2018-022" dated July 12, 2018, and this Request for Proposals stated that the JOC Contract may be used by other agencies; and WHEREAS,Amendment No. 4 to the JOC Contract provides an opportunity for other public agencies to use the terms and conditions of the JOC Contract ("JOC Amendment No.4"); and WHEREAS, the Agency wishes to utilize, in part,the terms and conditions of the JOC Contract to perform various Agency job order projects on Agency facilities; and WHEREAS,the City desires to enter into this Agreement with Agency to allow the Agency to utilize the terms and conditions of the JOC Contract; and WHEREAS,the parties hereto have determined that they have the authority to enter into this Agreement in accordance with Chapter RCW 39.34 RCW, Interlocal Cooperation Act, and their respective policies and procedures, as amended. NOW,THEREFORE, in consideration of the above and foregoing recitals,the mutual promises and covenants herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. STATEMENT OF WORK Subject to the provisions of this Agreement, the Agency may issue job orders to Contractor for job order construction services. The job order construction services for such Agency job orders will be provided by Contractor directly to the Agency on the same terms and conditions as the JOC Contract, except that for such Agency job order construction services: (a) the City will not be a party to the job order between Agency and Contractor for such services; (b) the obligations owed by Contractor to the City under the terms and conditions of JOC Contract will instead be owed by Contractor to the Agency, including but not limited to obligations to provide performance and payment bonds to Agency for work performed for Page 1 of 5