HomeMy WebLinkAboutAG 21-169 - MGP XI COMMONS FW, LLC DBA COMMONS MALLRETURN TO: Casey Jones EXT: 6713
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
l . ORIGINATING DEPT./DIV: PD / Patrol specialties
2. ORIGINATING STAFF PERSON: Casey Jones EXT: 6713 3. DATE REQ. 13Y:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
It PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (EG. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: Commons Mall Police services
6. NAM E OF CONTRACTOR: MGP XI COMMONS FW, LLC dbe Commons Mall
ADDRESS: 1928 S- Commons Suite B Federal Way, WA 98003 TELEPHONE 253-275-6090
E-MAIL: esullivan@merlonegeieccom FAX:
SIGNATURE NAME: Charles Sullivan TITLE General Manager
7. EXHIBITS AND ATTACHMENTS: IN SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES § PRIOR CONTRACT/AMENDMENTS
8, TERM: COMMENCEMENT DATE: 01-01-2021 COMPLETION DATE: 12-31-Eo-R&2022
9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(II: CALCU LATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIIvIBURSABLEEXPENSE: ❑YES LINO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY
BETA INAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
A I'URCI-IASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/DATE APPROVED
It PROJECTMANAGER Casey Jones
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
11 LAW DK 11-18-2020
11. COUNCILAPPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ AhTACI-I: SIGNATURE AUTHORITY. INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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
❑ LAW DEPARTMENT _ O L.�
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK 92l
❑ ASSIGNED AG# AG#
COMMENTS:
Agreement to provide police services to the Commons Mall
11/17 - Insurance Certificate is Expired, provide a new certificate at execution. MP
2/2017
CITY OF CITY HALL
Fe d e ra I Way 33325 Avenue South • Box 9718
Federall Way, WA 98063-971818
(253) 835-7000
mom cr7yoffederal way. coin
SERVICES AGREEMENT
FOR
THE COMMONS AT FEDERAL WAY POLICE SERVICES
This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"),
Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do
business at the below addresses:
MGP XI COMMONS FW, LLC:
1928 S. Commons Suite B
Federal Way, WA 98003
253-275-6090
csullivan(,merlonegeier. com
The Parties agree as follows:
CITY OF FEDERAL WAY:
Andy Hwang, Chief of Police
33325 8 h Ave S
Federal Way, WA 98063-9718
(253) 253-835-6701 (telephone)
(253) 253-835-6739 (facsimile)
Lynette.allen@ci_tyoffederalway.com
1. SERVICES. The city shall perform the services more specifically described in Exhibit "A," attached hereto and
incorporated by this reference ("Services").
2. TERM. The term of this Agreement shall be for two years commencing on January 1, 2021.
3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Parry
thirty (30) days written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this
Agreement immediately if the other Party defaults or materially breaches the Agreement.
4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost ofthe salaries and
benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers of hours and
total rate shall be as outlined in Exhibit "B" attached hereto and incorporated by this reference ("Compensation"). The city shall
invoice, and the Owner shall remit one -twelfth of the total yearly compensation monthly. From time to time, the Parties may
agree on any adjustment in rates.
5. INDEMNIFICATION.
5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the city, its elected officials,
officers, employees, agents, representatives, and volunteers harmless from any and all claims, demands, actions, suits, causes of
action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties
expenses, attomey's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation,
their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the
performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner,
except for that portion of the claims caused by the city's sole negligent or intentional acts, errors, or omissions.
5.2 City Indemnification. The city agrees to release, indemnify, defend and hold the Owner, its officers, directors,
shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands, actions, suits, causes
of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties
expenses, attomey's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation,
their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent
SERVICES AGREEMENT - 1 -
1% CITY of CITY HALL
Federal Way Feder Avenue South • Box 9718
Federall Way, WA 98063-9718
18
(253)835-7000
www. cityoffederal way. corn
caused by the negligent or intentional acts, errors, or omissions of the city, except for that portion of the claims caused by the
Owner's sole negligent or intentional acts, errors, or omissions.
5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. Both parties agree to carry as a minimum general liability insurance in the amount of at least
$1,000,000 single limit and $2,000,000 aggregate, including property liability. Both parties shall provide certificates of
insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at the other party's request, furnish
the other party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. The
provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior
to such expiration or termination.
7. CONFIDENTIALITY. All information regarding the city obtained by the Owner in the performance of this
Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination.
If the city notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the
Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner
must obtain the injunction and serve it on the city before the close of business on the tenth business day after the city sent
notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely
obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the city has notified the Owner
of a public disclosure request, and the Owner has not obtained an injunction and served the city with that injunction by the close
of business on the tenth business day after the city sent notice, the city will then disclose the record unless it makes an
independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any
action that would affect (a) the city's ability to use goods and services provided under this Agreement or (b) the Owner
obligations under this Agreement. The Owner will fully cooperate with the city in identifying and assembling records in case of
any public disclosure request.
8. INDEPENDENT CONTRACTOR. The Parties intend that the city shall be an independent contractor and that the
city has the ability to control and direct the performance and details of its work, the Owner being interested only in the results
obtained under this Agreement. The Owner shall be neither liable nor obligated to pay city sick leave, vacation pay, or any
other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment.
9. GENERAL PROVISIONS.
9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective
captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or
otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative,
null and void, or illegal shall in no way affect or invalidate any other provision hereof, and such other provisions shall remain in
full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by
written agreement signed by duly authorized representatives of the Parties.
9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -
assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect, and no
further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the
Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This
Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall
have any right of action or interest in this Agreement based on any provision set forth herein.
SERVICES AGREEMENT - 2 -
CITY of CITY HALL
Federal Way Feder 8th Avenue South • Box 9718
Federal Way, WA 98063-971818
(253) 835-7000
www. cityoffederalway. com
9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this
Agreement. Any notices may be delivered personally to the notice's addressee or may be deposited in the United States mail,
postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three
(3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive,
but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict
performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or
options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default
immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not
act as a waiver of the city's right to declare another breach or default. This Agreement shall be made in, governed by, and
interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or
claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit
under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all
its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in
addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants
that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect
as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one
instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and
acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of
this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties
have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof.
[Signature page follows]
SERVICES AGREEMENT - 3 -
CITY OF CITY HALL
Federal
Way 33325 Avenue South • Box 9718
Federall Way, WA 98063-971818
(253)835-7000
www cil yoffederal way. com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By: _ owz/
Jim ell, Mayor
DATE:
MGP XI COMMONS FW, LLC
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
ss.
COUNTY OF
ATTEST:
�IipMnie Courtney, CMC
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me CJL-,,(4j- S 1� &M uq-,, to me known to be the
41^A� of ,fie rLpve_4 ��.r �— that executed the foregoing
instrument, and acknowlredged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument
and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal thi
Notary's signature
RONALD 0 CUELLAR
Notary Public
State of Washington
My Appointment Expires
Sep 25, 2021
s day of
1JJ d
Notary Public in and for theState of Washington.
C
My commission expires !� ' -� �• (
CITY OF CITY HALL
Federal Way
Feder l Avenue South8063- • 18 Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
mvw cifyoffederal way. corn
EXHIBIT "A"
SERVICES
1. For the years 2021 and 2022, the city will provide Contract Officers for a total of ten (10) ten-hour
shifts per week. The actual days of the week and hours will be agreed upon by the Owner and the
City based on the needs of both parties.
2. The city will provide to the Property three (3) full time, experienced police officers ("Contract
Officers") to provide security (in addition to other policy duties) for the Property, its businesses,
tenants, and customers. The Contract Officers will work in conjunction with private security or other
police agency representatives employed by the Owner at the Property or any of the Property's stores
or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its
parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility,
and police services. Contract Officers will lose no benefits, assignment, training, or promotional
opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments,
but maybe rotated to address City needs or Owner interests.
3. The Property will be considered by the city as a mini -beat within the general geographical dispersal
structure of the city, placing it as a section within a regular beat. The regular beat officer, in which
the Property mini -beat exists, will provide presences and response capabilities consistent with
general beat management strategies. The Property's coverage by the regular beat officer will not be
reduced by the presence of the Contract Officers or by the use of other police agency representatives
or private security staff or agency representatives in the Property or in individual stores. All
supplemental police services will remain unaffected by the coverage provided for in this Agreement.
4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If
the matter can be resolved by the Contract Officers expediently, no general assignment or specialized
assignment officers will need to respond. If needed, as determined by the city, other officers will be
dispatched as in the resolution of any similar matter through the city. If the incident requires
extended investigation or follow-up investigation away from the Property, or prisoner transportation
general assignment officers will relieve the Contractor Officers to allow them to resume the Contract
Officer duties as soon as practical.
5. The city will retain control over the Contract Officers and the Contract Officers will work under the
general and direct supervision of the Federal Way Police Department and the City. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment,
and will adhere to departmental policies and procedures. Contract Officers will be in uniform during
duty hours and will be provided with regularly used police equipment including vehicles and radios.
The city may at its option also provide bicycles, computers, or other equipment.
6. The Owner may provide office space, a public access kiosk, or other facilities. Property
Management may coordinate the security efforts of the Contract Officers on a day-to-day basis,
consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that
in the event of a conflict between any direction from the Owner or its agents and the City, the City
direction shall control.
7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment
police officers, to maintain a continuity of coverage, when the absence will result in no Contract
Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit
B - Compensation, and may be reduced based on the actual level of service provided by the City and
the actual level of compensation actually provided by the Owner to the City. Specific hours of
coverage will be established by the city in conjunction with the Property management.
SERVICES AGREEMENT - 5 -
CITY OF CITY HALL
Federal Way Feder Avenue South • Box 9718
Federall Way, WA 98063-971818
(253) 835.7000
www. rjtyoffedersiway. com
EXHIBIT "B"
COMPENSATION
For 2021, the total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Thirty -
Four Thousand Six Hundred Ninety -Three and 64/100 Dollars ($334,693.64). The Owner will pay half of this
cost, totaling One Hundred Seventy -One Thousand Eight Hundred Forty -Six and 82/100 Dollars ($171,846.82)
in monthly installments.
For 2022, the collective bargaining unit representing Federal Way police officers, including the contract mall
officers, is expected to be working under a new CBA that will likely include cost of living adjustments (COLA).
In August of 2018, the COLA for the last 12 months was 3.0%. Using 3.0% as an estimate for 2022 makes the
total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Forty -Four Thousand
Seven Hundred Thirty -Four and 45/100 ($344,734.45). The Owner will pay half of this cost, totaling One
Hundred Seventy -Two Thousand Three Hundred Sixty -Seven and 22/100 Dollars ($172,367.22) in monthly
installments.
SERVICES AGREEMENT - 6 -
�F�ffi% - -
71' ties
Insurance ut on y P.0, Box 88030
Tukwiia, iNA 981.38
Phone: 206•-575-604E
Fax: 206-y75-7426
wk-VW'W'ciapc"o..crg
1 /7/2020 Ref#: 12597
MGP XI Commons FW, LLC and Merlone Geier Managmenet, LLC
Attn: Jessica McMurrin - Federal Way
425 California St., 10th Floor
San Francisco, CA 84014
Re City of Federal Way
Police Substation at Mail and Policing Services
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA),
which is a self -insured pool of over 155 public entities in the State of Washington.
WCIA has at least $4 million per occurrence limit of liability coverage in its self -insured layer that
may be applicable in the event an incident occurs that is deemed to be attributed to the
negligence of the member. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
WCIA was created by an interlocal agreement among public entities and liability is self -funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc Ryan Call
ACCW 0- CERTIFICATE OF LIABILITY INSURANCE F DATE(MWOONYYY)
II%-� 12/31/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. It SUBROGATION 15 WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the
certificate holder in lieu of such endcrsemenlis).
PRODUCER F,,-2, a CT Cathy Fleck
Leavitt Group Northwest PHONE {800)725-8771 FAX 11a661T29-91fa
iAIC. No. Enk _ _ (urC, No
PO Box 55770 a DD R1ESS:cathy-fleck@leavitt.com
INSURER($) AFFORDING COVERAGE NAIC X
University Place WA 98464 INSURER A: Argonaut Insurance Company 19801
INSURED INSURERe:Arch Insurance Company 11150
City of Federal Way INSURERC!
33325 Bth Ave S INSURERD:
Tonia Proctor ARM INSURER E:
Federal Flay WA 98003-5325 $NWRER
r'C)VFRA[;FR f'FRT1rlr'ATO NI IMRGG•iA•-1 Q at- MASTRI2 DC1rrcAns[ si�[aRnce.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 011-1-01N HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTVNIIHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
VVHICH THIS
CERTIFICATE MAY BE 155UE❑ OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADDL SUOR
LTR TYPE OF INSURANCE POLICY NUMBER
POLICY EFF POLICY EXP
MM7 YYY) fm"Myvyl tJYrm
X COMMERCIAL GENERAL LIABILITY
I EACH OCCURRENCE S
10, 000, 000
A :,'LAd+1S-t,LiUE J(. OCCUR
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PRE" ISES (Eaoc^�:errxl } S
X 29C2013-D4
12/31/2018,12/31/2319 MEDEXPiMyone lersonl IS
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PERSONAL S AUV INJURY S
10, 000, 000
9EN-LAG45REGAT'e LipmrAPPLIESPER
HbOC
GENERAL AGGREGATE S
10,000,000
x POLICY PRO.
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PRODUCTS- COMPIOPAGG S
10,000! 000
OTHER
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10,000.000
• AUTOMOBILE LIABILITY
ER 11 hM} [TiC,Ls: (17A[f S
10,000,000
A ANY AUTO
BODILY INJURY (Per parson) S
ALL OWNED SCHEDULED
- AUTOS ALJ70S '-902013 0�
�
12/31 /2018 1-2/31/2019; BODILY INJURY (Per a=4erei, S
• !NON-CVft1E0
r PROPERTY DAMAGE S
HIRED AUTOS AUTOS
IPor awxbd 1;
SFt S
250,000
UMBRELLA LIAB X OCCUR i
EACH OCCURRENCE S
10,000,000
B X EXCESS LIAB CLAIMS-MAOF:
AGGREGATE • 6
10,000,000
• OED RE'TFNTIONS UXP1i31591U-DI
12/31/�018 22/31./2019 I s
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AND EIMPLO YERS' LIABILITY Y 1 N
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.12/31/2018 12/3i/2019 EL LEACH ACCIDENT �I S
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DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, AddlUanal Remarks Schedule, may he attached If more span Is requlnd)
RE: Police Substation at Mall and Policing Services -
MGp XI COMMONS FW, LLC and
Merlone Geier Management, LLC
are additional insureds per terms and conditions of form GLRIO Opt 04 13 attached
��rc [ IrlL.ri I c nvL.ucts
— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MGP ?CI COMMONS FK, LLC & i'. ^ THE EXPIRATION DATE THEREOF, NOTICE WILL BE .DELIVERED IN
Merlone Geier Management., LLC ACCORDANCE WITH THE POLICY PROVISIONS.
425 California St. r ..
Salt Francisco, CA 9410 i 1 �' 1 AUTHORIZED REPRESENTATIVE
L�-- a 19R8-2n1A ACnRn ('nRPr)I1ATInFJ All rtnhfm rncaruwrl
ACORD 23 (2014101) The ACORD name and logo are registered )narks of ACORO JrT
INS025;_,uc; �D
COUNCIL MEETING DATE: January 19, 2021
ITEM #: 5k
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ]' OLICE SERVICES AGREEMENT WITH COMMONS MALL
POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site
police services in 2021 and 2022?
COMMITTEE: PRHS&PSC MEETING DATE: Jan. 12, 2021
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STA FF REPORT BY: Commander Casey Jones DEPT: PD
Attachments: Staff Report
Services agreement for the Commons at Federal Way police services
Options Considered: 1. Accept the recommendation to approve the agreement.
2. Reject the recommendation to approve the agreement.
MAYOR'S RECOMMENDATION: Option #1
MAYOR APPROVAL: �' t7 DIRECTOR APPROVAL: ,*Z I ��a
Cam latee Council G lnitia]I me
Initial/Date Initi i Ql[e
COMMITTEE RECOMMENDATION: I move to forward the proposed Commons Mall Agreement to the January 19,
2021 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Commons Mall Services Agreement, effective 01-01-
2021 through 12-31-2022 with a total compensation of $344,214.04 and authorize the Mayor to sign said
agreement. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
:IE1PI2i7N-11:l) COUNCIL BILL#
DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 12/2017 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: January 12, 2021
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: 2021 to 2023 police services contract with the Commons Mall
Financial Impacts:
The revenue to the City for providing police services to the Commons Mall will be
$171,846.82 in 2021 and $172,367.22 in 2022. Funding from our agreements are credited to
the PD budget line 001-0000-090-342-10-001 in monthly installments.
Background Information:
The Federal Way Police Department has partnered with the Commons Mall since our
inception; we currently have three police officers with fulltime positions at the mall.
Our officers' number one responsibility at the Commons Mall is to protect people from
harm. The officers also work with the Commons staff and stakeholders to foster a safe
and friendly environment. They also develop crime related problem -solving strategies
with management of the Commons and the vendors at the mall. They respond to in -
progress and prior crimes, take enforcement actions, conduct follow-up investigations,
and they provide training to store employees on how to file online police reports. This is
a highly visible position and our officers have positive interactions with mall visitors at
special events such as the farmers market, car shows, and holiday events.
The term of this Services Agreement is for two years, commencing January 1, 2021 and
ending December 31, 2022.
Rev. 7/18
