Loading...
PRHSPSC PKT 11-08-2011City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee November 8, 2011 city Hall 5:30 p.m. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: October 11, 2011 B. First Amendment to ORCA Pacific, Inc. Agreement C. Services Agreement for The Commons at Federal Way Police Services D. Cingular Wireless Site Lease Amendment - BPA Trail/Aquatic Center 5. PENDING ITEMS • Banners • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, December 13, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members city Staff Jeanne Burbidge, hair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman1 Mary laenicke, Adminis&abVe AssMant H Mike Park Action Council Date Presenter Page or Info 3 Action N/A Feldman 4 Action Consent 11/15/11 Wilson 5 Action Consent 11/15/11 Pearsall 13 Action Consent 11/15/11 5. PENDING ITEMS • Banners • Festivals • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, December 13, 2011 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members city Staff Jeanne Burbidge, hair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman1 Mary laenicke, Adminis&abVe AssMant H Mike Park City of Federal Way City Council PARKS, RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, October 11, 2011 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, Council member Mike Park. Council member Roger Freeman is excused. Staff Members in Attendance: Brian Wilson, Chief of Police, Cary Roe, Director Parks, Public Works and Emergency Management, Amy Jo Pearsall, Assistant City Attorney, Steve Ikerd Parks & Facilities Manager, and Mary Jaenicke, Administrative Assistant II. Guest: Susan Honda, Chair Arts Commission Chair Burbidge called the meeting to order at 5:34p.m. Public Comment: None. Commission Comment: Ms. Honda stated that the reception for the Arts Alive show is scheduled to take place on Tuesday, October 18 at 6:30pm. The winners will be introduced at the City Council meeting. APPROVAL OF SUMMARY Council member Park moved to approve the September meeting summary. Council member Burbidge seconded. Motion passed. BUSINESS ITEMS Washington Traffic Safety Commission (WTSC) Grant Money for 2011 Uniforms Chief Wilson stated that they are asking for approval to accept grant money for inclement weather motorcycle riding gear. The funding will cover six individualized wet weather uniform riding gear. This will outfit the 6 motorcycle officers in the Traffic Unit. The amount of the grant is $4,200.00. Council member Park moved to forward this request, to accept WTSC grant funds for the purchase of inclement weather motorcycle riding gear, to the full Council, consent agenda on October 18, 2011, for approval. Chair Burbidge seconded. Motion Passed. Fencing Bides Lakota Park Steve Ikerd reviewed the project that will be taking place at Lakota Park utilizing mitigation funds that have been approved in the current budget. The fence and backstops are going to be replaced. The fence will be moved closer to Dash Point road, which will enlarge the field and provide more play area. By moving the field over, they will also be able to fit in an additional soccer field. Irrigation will also be installed. Staff has met with the Federal Way School District, and they are in support of the project. Council member Park moved to forward the authorization of a bid award for Lakota fencing in the amount of $44,446.00 to All Around Fence Company and authorize the Mayor to execute said agreement to the full council October 18, 2011 consent agenda for approval. Chair Burbidge seconded. Motion passed. Other: Council member Burbidge discussed the upcoming Diving Trials that will be held at the King County Aquatics Center. She would like banners to be placed on a future agenda for discussion. Chief Wilson reported that there will be a briefing on Animal Services at the next FEDRAC meeting. Council member Burbidge stated that Federal Way received good comments at the meeting that was held to discuss gang violence. NEXT MEETING November 8, 2011. ADJOURNMENT Meeting adjourned at 5:45p.m. SUBJECT: FIRST AMENDMENT TO THE ORCA PACIFIC, INC. AGREEMENT POLICY QUESTION: Should the Mayor and Council authorize a first amendment to the ORCA Pacific, Inc. Agreement? COMMITTEE: PRHSPS MEETING DATE: Nov. 8, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Craig Feldman Aquatics . DEPT: ......... ...... _........._._... _.__.__....._...._...._._.__.......__..._......._.._..-._...... -......... _......... ------- Background: The proposed amendment to the Agreement with ORCA Pacific, Inc. will allow an ongoing delivery of the chemicals and equipment needed to disinfect and balance the various bodies of water at the Federal Way Community Center. ORCA Pacific, Inc. submitted the lowest per unit quote for these services from the three quotes received in October 2010. By mutual agreement we seek authorization to extend their term for an additional year at the same 2010 rate. The compensation would be increased by $42,000.00 for a grand total contract of $84,000.00. Funding for this service is covered through the Federal Way Community Center.Repair and Maintenance Budget. Options Considered: 1. Authorize a first amendment to the ORCA Pacific, Inc. Agreement by extending their term an additional year and increase the compensation by $42,000.00. 2. Do not authorize a first amendment and Drovide direction to staff. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: 4&� � DIRECTOR APPROVAL: Z Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the authorization of a first amendment to the ORCA Pacific, Inc. Agreement by extending their term an additional year and increase compensation by $42, 000.00 and authorize the Mayor to move said authorization to the full Council November 15, 2011 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a first amendment to the ORCA Pacific, Inc. Agreement by extending their term an additional year and increasing the compensation by $42, 000.00. (BELOW TO BE COMPLETED BYCITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08/12/2010 RESOLUTION # COUNCIL MEETING DATE: November 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Services Agreement for The Commons at Federal Way Police Services POLICY QUESTION: Should the City of Federal Way / Police Department allow ratification of the Service Agreement between the City Of Federal Way and Steadfast Commons II, LLC for police services at The Commons at Federal Way for the term on January 1, 2012 to December 31, 2012? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: November 8, Council Committee - (PRHS&PS) 2011 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: ❑ Ordinance ❑ Resolution Tudor, Lieutenant Attachments: 1. PRHS&PS Memo 2. The Commons at Federal Way Police Service Agreement Options Considered: 1. Ratify the Agreement 2. Reject the Agreement MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: '�VIIT/ Contntittee ❑ Public Hearing ❑ Other DEPT: Police DIRECTOR APPROVAL:-J'"1v)101d11rA>tl Conunittee Council COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 15, 2011 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Commons at Federal Way Agreement, effective January 1, 2012 through December 31, 2012 with a total compensation of $148,232.70 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED 8 Y CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED lsT reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 5 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 8, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: Acceptance of the Services Agreement Between the City of Federal Way and Steadfast Commons II, LLC, owner of the Commons at Federal Way. Background Officers who are assigned to work at the Commons Mall are commissioned police officers providing full law enforcement and security services for the Commons Mall property. The Mall Resource Officers provide the opportunity for increased safety and security for patrons and businesses which enhances the environment for greater commerce, increases public perception of safety, and broadens our outreach and visibility in the community. The original Commons Mall agreement was signed in 1999 and has been renewed by both parties each year since then. The term of this Services Agreement is for one year, commencing January 1, 2012. It shall come up for renewal again in 2013. This agreement has been reviewed and approved by the legal departments of both parties and is ready for final signatures. 11 CITY OFCITY HALL . �►. Fe d e ra I Way Feder 8th Avenue South • Box 9718 Federal Way, bVA 98063-971818 �►'" "w✓ (253) 835-7000 www atyoffederalway com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Steadfast Commons II, 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: STEADFAST COMMONS II, LLC: I CITY OF FEDERAL WAY: Lisa Whitney 1928 S. Commons Suite B Federal Way, WA 98003 253-839-6156 (telephone) lwhitney@steadfastcompanies.com The Parties agree as follows: Brian Wilson, Chief of Police 33325 8th Ave S P.O. Box 9718 Federal Way, WA 98063-9718 (253) 253-835-6701(telephone) (253) 253-835-6739 (facsimile) 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 one year commencing on January 1st, 2012. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth 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 of the 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 set forth 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 on a monthly basis. From time to time the Parties shall 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, attorney'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, attorney's fees, costs, and/or litigation expenses to or by any and all persons or 7 SERVICES AGREEMENT - 1 - ` CITY OF CITY HALL 44 33325 8th Avenue South • 18 Federal Box 9718 Federal Way, VVA 98063-9718 (253) 835-7000 www 0yoffederalway com entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent 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. The City agrees to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish copies of all insurance policies and with 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. Alternatively, the City may provide evidence of self insurance which shall constitute compliance with this section. 7. CONFIDENTIALITY. All information regarding the City obtained by Owner in 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 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 8 SERVICES AGREEMENT - 2 - CITY OF CIN HALL Fe d e ra I Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063-971818 (253) 835-7000 www crfyo(fe. derahwy coni 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. 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 addressee of the notice 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] 9 SERVICES AGREEMENT - 3 - CITY of CITY HALL Federal Wa 33325 8th Avenue South • PO Box 9718 Federal Way, VVA 98063-9718 (253) 835-7000 vvww cityoffederalway coal IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Skip Priest, Mayor DATE: STEADFAST COMMONS II, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged 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 this day of , 2012_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 10 SERVICES AGREEMENT - 4 - CITY OF CITY HALL �..r, 33325 8th Avenue South • Box 9718 Fe d e ra I Way Federal Way. VVA 98063-971818 (253)835-7000 www cityoffederalway com EXHIBIT "A" SERVICES 1. 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 may be rotated to address City needs or Owner interests. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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 level of compensation actually provided to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. 11 SERVICES AGREEMENT -5 - CITY OF CITY HALL Federal Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063-971818 (253) 835-7000 avww: atyoffpderat way com EXHIBIT "B" COMPENSATION In 2012 the City will provide the Contract Officers for a total of eleven (11) 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. Below is a sample schedule: Officer A: Sunday through Wednesday, 10:00 am to 8:00 pm Officer B: Friday through Monday, 11:00 am to 9:00 pm Officer C: Thursday through Saturday, 12:30 pm to 10:30 pm This schedule is subject to change based on the needs of the Owner and the City. The City reserves the right to adjust the schedule for the purposes of training, vacation, and other types of leave providing that the impact to the Owner is inconsequential. The 2012 rate (50% of the cost to the City) for this coverage is a total of One Hundred and Forty Eight Thousand, Two Hundred and Thirty Two and 70/100 Dollars ($148,232.70) per year or Twelve Thousand, Three Hundred and Fifty Two and 73/100 Dollars ($12,352.73) per month. 12 SERVICES AGREEMENT - 6 - COUNCIL MEETING DATE: November 15, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CINGULAR WIRELESS SITE LEASE RENEWAL—BPA TRAIL/AQUATIC CENTER POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PRHS&PS MEETING DATE: 1 1/$/1 i CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: PATRICIA RICHARDSON DEPT: Law Cingular Wireless entered into a Lease Agreement with the City on August 6, 2001 for installation and operation of certain equipment on City owned land located on the BPA Trial for use in connection with its wireless telephone communications service. The Lease was amended in 2007 for an additional 5 year term. The amendment will expire on November 7, 2011 and Cingular has requested to renew the lease for an additional five-year term pursuant to the terms of the lease. The current rental rate is $2,701.44 per month with a 4% increase each year. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reiect the lease renewal. STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. r, MAYOR APPROVAL: DIRECTOR APPROVAL: Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed amendment to the Cingular Wireless Site lease to the November 15, 2011 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Second Amendment to the Cingular Wireless Site Lease located on the BPA Trail, beginning November 8, 2011 and terminating on November 8, 2016, and authorize the Mayor to sign said amendment. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLEDIDEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 13 SECOND AMENDMENT TO LEASE AGREEMENT FOR NEW CINGULAR WIRELESS PCS, LLC (AG # 01-121) This Second Amendment ("Amendment") is dated effective this 8h day of November, 2011, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and New Cingular Wireless PCS LLC, a Delaware limited liability company, d/b/a AT&T Mobility ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated August 6, 2001, as amended by First Amendment dated January 31, 2007, whereby the City agreed to lease to Tenant a portion of the space on and air -space above the City Property, located on the BPA Trail ("Lease"). B. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 4. C. Under Section 27.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. D. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional 5 years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged the parties agree to the following terms and conditions: Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on November 8, 2011, and expiring November 8, 2016, unless renewed pursuant to the terms of the Lease Agreement. 2. Full Force and Effect_ All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. 114 TENANT: NEW CINGULAR WIRELESS PCS, LLC Name (printed): Title: 16221 NE 72nd Way, RTC -3 Redmond, WA 98052 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged 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 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 this day of 12011. (typed/printed name of notary) Notary Public in and for the State of My commission expires 315