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.
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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
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