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AG 10-098RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: 5 � �-e�� � ����er EXT: �SG� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.Cx, RFB, RFP, RFQ) � PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT �E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT AG#): ❑ INTERLOCAL �o�R �. �e.-�-�$r o.� t�k•r,�2 �� 5. PROJECT NAME: -t�l/�S �c' �°'��"^ � � � �t � � '� CaM �l�di.S 4 '}' ��,qrw� � `(r � 6. NAME OF CONTRACTOP aDDx�ss: 1�i 1�- SIGNATURE NAME: � �"1 �{v"y " oWwNO wT FW• CoN _TELEPHONE ,[ $ 3�?� S l - FAX: TITLE EXHIBITS AND ATTACHIVIENTS: ❑ SCOPE, WORK OR SERVICES � COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMIVIENCEMENT DATE: COMPLETION DATE: ��-T v'�, TOTAL COMPENSATION $ , v J� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR HARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIIVIBURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR 0 CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (iFArrLicasLE) �LAW � INITIAL / DAT'E REVIEWED �,� , • Il�]ITIAL / DATE APPROVED 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCILAPPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATUREAUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS �AW DEPARTMENT ❑ SIGNATORY (CM OR DIRECTOR� CITY CLERK SSIGNED AG# O SIGNED COPY RETURNED COI�INIENTS: II�tITIAL / DATE SIGNED � S-Zfp - �0 aG# �p � -�(Y DATE SENT: S �Z$ � lL� 11/9 Ci7Y OF �.�'� ��.r i� �.r �� � t11 Y �� Apri19, 2010 ATTN: Lisa Whitney Steadfast Companies 4343 Von Karman Suite 300 Newport Beach, CA 92660 RE: Installation of WiFi at The Commons at Fe�leral Way To Whom It May Concern: The Co�� APR 141010 �rr� This letter of understanding ("LOU") memorializes an understanding between Steadfast Commons II, LLC ("Steadfast") and the City of Federal Way ("City") regarding the City providing wireless internet access service ("Wi-Fi") for public safety and economic development purposes within The Commons at Federal Way. Based on previous conversations between Steadfast and the City, it is understood that there are concerns about the potential for damages from illegal activities by users of the City's Wi-Fi as well as the presence of the hardware necessary to provide such service. It should be noted that this Wi-Fi system has been restricted for basic web browsing only, which limits the applications that can be utilized on the system. Furthermore, each public user agrees to the terms and conditions outlined in the Service Agreement and Use Policy, which prohibits illegal use of the network. However, the City recognizes that The Commons at Federal Way is not liable for any of the activities of the users of the City's Wi-Fi nor for any damage to any person or property arising from the use or presence of the hardware and to the extent that it is able, hereby waives The Commons at Federal Way of all liability regarding the use of Wi-Fi system. Please sign below to acknowledge acceptance of this understanding. Thank you for your assistance in this matter. Sincerely, . � r� . �✓ � // 1 ��� " ������ -��,�Brian Wilson City Manager/Police Chief City of Federal Way The un e' d acknowledge receipt, and agrees to, the understanding �nd terms set forth above. Signed this a of 2010 by: STEADFAST COMMONS II, LLC ,, /�/ � � CITY HALL 33325 8th Avenue South • PO Box 9718 Federai Way, WA 98t363-9738 �253) 835-70t30 �s::s•�4�r.itvc?ltz�ier��i«���� cc�!r Print Name: Title: THE COMMONS AT FEDERAL WAY Apri19, 2010 SIGNATURE PAGE INSTALLATION OF WIFI AT THE COMMON5 AT FEDERAL WAY Steadfast Commons II, LLC, a Delaware limited liability company BY: Beacon Ba Hold limited liabi ' a BY: Dinesh D � Manager State of CALIFORNIA) ss County of ORANGE ) LLC, a Delaware ly, its Manager On �"� �� p��l � , before me, Maria E. Howarth, Notary Public, personally appeared Dinesh Davar, who proved to me on the basis of satisfactory evidence to be the person{s} whose nameFs} is!-a�e subscribed to the within instrument and acknowledged to me that he�;�e%�e-} executed the same in his,"�°r��� authorized capacity(-�e�} and that by his��� signature(-s� on the instrument the person{s} or the entity upon behalf of which the person{�} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��,/1�./ � �►L/�r� %� _ '.,� 'r "T �?� � .�� ; � - •, / � , �; ' � � _. �;1: __ �,� s��AP � A�rr�� �i60 M r•��#ew!�tr+�0;s sintu't��:� :Hidu� #•fifoN �mu�� u�nsil? f.t t,� � tn,�a� �t � � Insurance Authority 30-Mar-10 The Commons At Federal Way Attn: Eric D. Mattison, Operations Director 1928-B S. Commons Federal Way, WA 98003 RE: City of Federal Way Installation of WiFi 10AR 31 2010 at Federal Way Cert#: 6689 Tukwila, WA 98138 Evidence of Coverage P.o. BoX sso3o Phone: 206-575-6046 Fax: 206-575-7426 The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 130 municipal corporations in the State of Washington. WCIA has at least $1 million per occurrence combined single 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. WCIA is an Interlocal Agreement among municipalities and liability is completely 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, � Eric B. Larson Deputy Director cc: Bryant Enge cletter