AG 10-098 - STEADFAST COMMONS II, LLCRETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV:
2. ORIGINATING STAFF PERSON:
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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
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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)
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INITIAL / DAT'E REVIEWED
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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
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COI�INIENTS:
II�tITIAL / DATE SIGNED
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DATE SENT: S �Z$ � lL�
11/9
Ci7Y OF
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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
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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
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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.
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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