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PRHSPSC PKT 01-14-2014MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: December 10, 2013 B. Approval of Special Meeting Minutes: December 16, 2013 C. Fieldturf USA Retainage Release D. License Agreement for Downtown Substation E. Ordinance Relating to Crimes Involving Scrap Metal Business F. AT &T Cell Site Lease Renewal — Aquatic Center /BPA City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee January 14, 2014 City Hall 5:30 .m. H lebos Conference Room Council Presenter Page MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: December 10, 2013 B. Approval of Special Meeting Minutes: December 16, 2013 C. Fieldturf USA Retainage Release D. License Agreement for Downtown Substation E. Ordinance Relating to Crimes Involving Scrap Metal Business F. AT &T Cell Site Lease Renewal — Aquatic Center /BPA 5. PENDING ITEMS • Veterans Memorial • Banners • Festival Days 6. NEXT MEETING: Tuesday, February 11, 2014 5:30pm - Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Susan Honda, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge 1 Mary Jaenicke, Administrative Assistant II Kelly Maloney K: \PRHSPS Committee \2014 \011413 prhsps agenda.doc Action Council Presenter Page or Info Date 3 Action N/A 7 Action N/A Ikerd 9 Action Consent 1/21/14 Pearsall 11 Action Consent 1/21/14 Pearsall 17 Action Ordinance First Readirn 1/21/14 Pearsall 21 Action Consent 1/21/14 5. PENDING ITEMS • Veterans Memorial • Banners • Festival Days 6. NEXT MEETING: Tuesday, February 11, 2014 5:30pm - Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Susan Honda, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge 1 Mary Jaenicke, Administrative Assistant II Kelly Maloney K: \PRHSPS Committee \2014 \011413 prhsps agenda.doc This Page Left Blank Intentionally City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2013 5:30 p.m. SUMMARY Committee Members in Attendance: Chair Honda, Committee member Burbidge, Committee member Maloney Staff Members in Attendance: Cary Roe, Parks, Public Works & Emergency Management Director, Jay Bennett, Human Services Manager, John Hutton, Recreation Supervisor, Amy Jo Pearsall, City Attorney, Brian Wilson, Police Chief, Ray Gross, Deputy Emergency Manager, Steve Ikerd, Parks & Facilities Manager and Mary Jaenicke, Administrative Asst. II. Guests: Parks Commissioner David Berger, Arts Commission Chair Cat Mason Chair Honda called the meeting to order at 5:30p.m. Public Comment: None Commission Comment: Arts Commission Chair Cat Mason thanked Council and staff for attending the Tree Lighting event that was held on December 7`i' at the Commons Mall. Committee member Burbidge asked how many hours it took to put the lights on the tree. Mr. Ikerd answered that staff was there for about 2 days. Mr. Roe added that there were some electrical issues, and that this year they added more lights to the tree and to the shrubs. Committee member Maloney asked about the working relationship with the Mall. Mr. Roe answered that he had met with the mall staff, and the meetings were successful. The evening of the event, Mall staff became concerned with the crowds, and the blocking of the entrances to the Mall and stores. During the event it became more of a challenge to work with some of the. Mall staff. Mr. Hutton concurred with the comments of Mr. Roe. Chair Mason stated that a walk thru was done prior to the event, and the Mall staff was aware of where the musical entertainers would be staged. Committee member Maloney moved to add the discussion of severe winter weather shelters to the agenda Committee member Burbidge seconded. Motion passed. It will be placed as item G Committee member Maloney moved to add Habitat for Humanity NSP3 Developers Agreement for Acquisition and repair of greater west way homes to the agenda. Committee member Burbidge seconded. Motion passed. It will be placed as item B -1. APPROVAL OF MINUTES Committee member Burbidge moved to approve the November 12, 2013 committee minutes as written. Committee member Maloney seconded. Motion passed. BUSINESS ITEMS 2014 -15 Diversity Commission Work Plan Mr. Bennett highlighted a few items of the work plan. This is a two year work plan. One of the items highlighted is the Community Listening Forums. Last year they attempted to solicit public opinion on diversity and issues in the community, and it was not successful, so the commission decided to propose a partnership with City Vision. They are interested in working with the commission on launching and hosting meetings in community facilities. After they have completed the Community Listening Forums, they will evaluate the information gathered, develop a report of the findings, and forward the report to the Mayor and Council for consideration. They are also going to continue the Food Drive, Book Drive and Senior Forum. Values were also developed at the Diversity Commission retreat Committee member Burbidge moved to forward the 2014 -15 Diversity Commission Work Plan to the January 7, 2014 consent agenda for approval. Committee member Maloney seconded. Motion passed. Amend the Habitat for Humanity NSP3 Developers Agreement for Acquisition and Repair of the Greater West Way Homes Mr. Bennett stated that the City Council authorized an amendment to the NSP3 Contract with the WA Department of Commerce, reducing the number of recaptured and rehabilitated home from 14 to 10 in the West Way neighborhood. This proposal with Habitat for Humanity memorializes that project outcome. The agreement also reflects the actual expenditures within the project's cost categories. There is no increase or decrease in the budget. Committee member Maloney moved to forward Amendment No. 1 to the NSP3 Developer Agreement with Habitat for 3 K: \PRHSPS Committee\2013 \121013 prhsps Min.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2013 Summary Page 2 Humanity — Seattle /King County to the January 7, 2014 consent agenda for approval. Committee member Burbidge seconded. Motion passed. Arts Commission 2014 Contract for Services Committee member Burbidge recused herself. Mr. Hutton reported that the Contract for services funds local arts organizations that provide cultural programs within the community. The organizations submitted applications which were reviewed by the Arts Commission. Each organization was interviewed, and the funding recommendations were developed. The total amount of funding available is $37,900. Committee member Maloney moved to forward the 2014 Arts Commission Contract for Services funding recommendations to the full City Council January 7, 2014 consent agenda for approval. Chair Honda seconded. Motion passed. Arts Commission 2014 Work Plan Mr. Hutton reported that annually the Arts Commission develops a Work Plan for the upcoming year. The work plan outlines the projects, programs and funding associated for the year. Chair Honda asked if they were moving forward with the 2% for the Arts and the wall at the Community Center that was designed for art. Mr. Hutton answered that there has been more discussion about this at the Arts Commission meetings. They would like to have an artist paint a mural. There is approximately $285.00 remaining. The Arts Commission newsletter was also discussed. Committee member Maloney moved to forward the 2014 Arts Commission Work Plan to the January 7, 2014 full City Council consent agenda for approval. Committee member Burbidge seconded. Motion passed. Janitorial Service Contract Mr. Ikerd stated the City Hall Building, Police Storage Building and the Steel Lake Maintenance Facility are all on the same contract. Bids were sent out to eleven companies, and seven replied. Synergy Building Services submitted the lowest bid. Synergy Building Services is the company that is currently on contract with the city for Janitorial Services. Committee member Burbidge moved to forward the authorization of a bid award for a 2 year Janitorial Services Agreement in the amount of $99,200 to Synergy Building Services and authorize the Mayor to execute said agreement to the full Council January 7, 2014 consent agenda for approval. Committee member Maloney seconded. Motion passed. Family Funland Renovation Project Mr. Ikerd provided a Power Point Presentation. Family Funland was built in 1994 through a Community build program at Steel Lake Park. The play toy was designed by Leathers and Associates in New York. Many service groups were involved in building Funland. Leathers and Associates came out in 2012 and did a full assessment on the play toy. The pilings and structure is very sound. A subcommittee of the Parks Commission was developed to discuss the goals of the renovation. Those goals are: Upgrade to meet current standards, upgrades to include new features including a component that a person in a wheelchair could use, enhance the education and play value, add additional color and use durable lower maintenance products. Mr. Ikerd reviewed the renovation plans. One of the new components to the play area will be the Ability Whirl, which is for people in wheelchairs. There is nothing else like it in the United States. Leathers and Associates will be on site to oversee the project, and provide direction to the laborers. Committee member Maloney moved to forward the approval of the proposed Funland renovation plan, allow staff to solicit bids for labor and a concrete sidewalk, authorize redirection of up to $152,627 of mitigation funds to the project, to the full Council January 7, 2014 consent agenda for approval. Committee member Burbidge seconded. Motion passed. Committee member Maloney left at this time Severe Winter Weather Shelters Mr. Roe stated that the policy question is: "Should the City of Federal Way be the lead agency in establishing a dormitory shelter for homeless individuals solely during severe winter weather events ?" Mr. Roe stated that the Federal Way Community Center has been used as a warming/cooling center or dormitory shelter seven times. The Community Center was used as a Dormitory Shelter on January 19, 2012. It was setup with Red Cross. The Red Cross inspected the facility, and an MOU was developed. The shelter was open for approximately three days. The cooling and warming centers operate during regular business hours. The cities of Auburn, Renton and Kent have locations that have established shelters. These locations are operated and managed by private non - profit organizations. They may receive some Human Services Funding. The city of Seattle opened up the Seattle Center, and that may have been operated by the City. There is an organization called RPIN, which stands for Regional Public Information Network, and it is managed by the King County Office of Emergency Management. They provide information on who has shelters. At the time of the recent cold weather they had a list of three shelters that were opened King County wide. Shelters for homeless people tend to have limited services offered. Mr. Roe stated that A Resolution was adopted by the City Council in 2009.4This Resolution adopted the Greater Federal Way PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, December 10, 2013 Summary Page 3 Community Comprehensive Emergency Management Plan (CMP). We are required by the state to have a CMP. The MOU with the Red Cross is managed by the city. There are three prongs to the policy: Temperature, displacement of individuals — this usually comes with a loss of power, and significant precipitation. The organization that sets up the shelter is solely responsible for operating it. The City of Federal Way's policies mirror the Red Cross' policies. The Red Cross does not believe that they are in the business of providing shelter for homeless people. They believe that it is up to non - profit organizations to provide shelter to the homeless people. Opening a dormitory shelter requires a shelter manager, a shift supervisor, one registration/communication staff, one or two dormitory management staff for the sleeping quarters and a feeding staff. In 2011 the Human Services Department issued a press release inviting Religious or Faith -Based organizations to become severe cold weather shelters. There were a number of churches that were willing to participate, but their facilities did not meet current code. Some were lacking sprinkler systems or a fire escape plan. At this time, no churches are signed up to be a shelter. Mr. Roe stated that this is an area that should be pursued. Mr. Roe stated that there are concerns with establishing a shelter for only homeless people. The biggest concern is legal exposure and potential liability. A significant percentage of homeless people suffer from mental illness and/or addiction. There are also concerns about comingling homeless people with community center patrons. The patrons pay to use the community center. If the city chose to open up a shelter without the Red Cross, staffing the shelter would be the city's responsibility. There would be costs associated with setting up and operating the shelter. Committee member Burbidge commented that the Reach Out Homeless Shelter is designed to setup and serve the homeless. It would be a real challenge to do that at the Community Center. Chair Honda stated that her concern wasn't necessarily the homeless, but that there are a lot of low income people in the community. The temperatures were cold, and she was concerned that heating apartments and homes might be difficult for them. Chair Honda stated she appreciates what staff has done, and would like staff to approach the churches and encourage them to become a shelter. She also thinks that the policies should be reviewed. Committee member Burbidge stated that it is always good to review and update policies. Mr. Roe stated that he would highlight this at the next management team meeting, and let them know that there is interest in trying to rejuvenate the faith based and religious organizations, to see if they can get them signed up to become a shelter. He would also discuss making revisions to the current policy that are in the CMP. Chair Honda stated that she was receiving comments that the city wasn't doing anything about protecting people from the cold weather. She said it needs to be known that the city did react and do something. Chief Wilson stated that the police department is very well aware of the people in the community that are with needs. When they come across those people, they will take action to make sure that people are safe. The issue is that the police will approach those individuals, and they will refuse service. The police cannot force them to take those services. Some of them have animals, and they won't leave them. He stated that they react quickly when they hear of someone that may need services. Every officer is aware of the resources available. There is a lot of caring and efforts going on within the city to be responsive to the people in the community. It is important that the City showcases the positive things that are taking place in the community. PENDING ITEM None NEXT MEETING January 14, 2014 at 5:30pm ADJOURNMENT Meeting adjourned at 7:26p.m. This Page Left Blank Intentionally City of Federal Way City Council Special Meeting PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, December 16, 2013 Immediately following Human Services Commission meeting SUMMARY Committee Members in Attendance: Chair Honda, Committee member Burbidge. Council Members in Attendance: None Guests in Attendance: Human Services Commissioners Lydia Assefa- Dawson, Kathryn Scanlon, Mary Schultz, Jack Stanford Staff Members in Attendance: Jay Bennett, Community Services Manager; Amy Jo Pearsall, City Attorney; Dee Dee Catalano, CDBG Coordinator Chair Honda called the meeting to order at 6:47 p.m. BUSINESS ITEMS Review Human Services Funding Strategies Jay Bennett reviewed the critical indicators for the Basic Needs & Poverty, Community Safety, Vulnerable Populations, People with Disabilities, Youth, Low - Income Families with Children, and Immigrant Populations categories. Much of the information for Basic Needs & Poverty has been gathered by human services intern Anna Thach; she is continuing to gather information for the critical indicators for the other categories. Committee and Commission members suggested additional critical indicators for various categories. Jay Bennett said that additional indicators will be discussed at the next meeting The next special Committee meeting will be January 27, 2014, immediately following the Human Services Commission meeting. ADJOURNMENT Meeting adjourned at 7:56 p.m. This Page Left Blank Intentionally COUNCIL MEETING DATE: January 21, 2014 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FIELDTURF USA RETAINAGE RELEASE POLICY QUESTION: Should the City accept two contracts with FieldTurf USA as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS MEETING DATE: Jan 14, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT PROS I ........ .... .. ......_ _. .... ..... _.... ....... _. _.._.... _........... _ - History: The City contracted with FieldTurf USA to improve the drainage system and replace the artificial turf at Sacajawea Park in the amount of $601,571.70, including tax. They also replaced the rubber track surface at Saghalie Park in the amount of $130,408.18, including tax. FieldTurf USA has completed all the work within both contracts. Prior to the release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $601,571.70 — Sacajawea soccer field artificial turf, 5% Retainage held from the project = $27,469.03 $130,408.18 — Saghalie rubber track replacement; 5% Retainage held from the project = $5,954.71 Total retainage to be released for both projects = $33,423.74 Options Considered: #1 - Accept both contracts as complete and release $33,423.74 Retainage for both completed projects. #2 - Do not accept the contract as complete, and provide direction to staff. ..... _ _._ _ ..... MAYOR'S RECOMMENDATION: Option #1: Recommend Council accepts both contracts as complete and authorize staff to release Retainage in the amount of $33,423.74 to FieldTurf USA. MAYOR APPROVAL: DIRECTOR APPROVAL: Committee ncil Committee Council COMMITTEE RECOMMENDATION: I move to forward the acceptance of both FieldTurf USA contracts as complete and forward the authorization of staff to release their $33,423.74 Retainage to the full Council January 21, 2014 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept both contracts as complete and authorize staff to release Retainage in the amount of $33,423.74 to FieldTurf USA " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # • DENIED 1sT reading • TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) 9 ORDINANCE # REVISED - 08/12/2010 RESOLUTION # This Page Left Blank Intentionally 10 COUNCIL MEETING DATE: January 21, 2014 ITEM # _..._.- _._..... ._.. _..._..._ _.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LICENSE AGREEMENT FOR DOWNTOWN SUBSTATION POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE A LICENSE TO ALLOW A POLICE SUBSTATION TO BE LOCATED IN THE DOWNTOWN CORE? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am _ J .... City Attorney.... ......... _ . . _ ___ _ __.- ._�.._- _....---- ....__._ An opportunity has arisen to locate a police substation on property located kiddy corner to the Transit Center in the downtown core of the city with minimal cost to the police department. Staff is proposing a license agreement be executed outlining the responsibilities of the parties regarding the property, how it will be utilized and what costs will be borne by each party. Options Considered: I . Recommend approval of the license agreement and authorize the Mayor to execute the agreement. 2. ReJect the license agreement. MAYOR'S RECOMMENDATION: Recommend approval of license agreement and authorize the Mayor to execute said agreement. MAYOR APPROVAL: DIRECTOR APPROVAL: r t Co inee Council COMMITTEE RECOMMENDATION: I move to forward the License Agreement for a downtown substation to the January 21, 2014 Council Consent Agenda for approval and authorize the Mayor to sign said agreement. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the License Agreement for a downtown substation and authorize the Mayor to sign said agreement. " _ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 11 This Page Left Blank Intentionally 12 LICENSE AGREEMENT BETWEEN BALLI ROAD, LLC and THE CITY OF FEDERAL WAY THIS AGREEMENT ( "Agreement ") made this 22 "d day of January, 2014, by and between Balli Road, LLC, a Washington Limited Liability Company hereinafter referred to as "Licensor ", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington hereinafter referred to as "Licensee." WHEREAS, Licensor is the owner of certain real property that includes a vacant office space containing fixtures and equipment located at 31620 23`d Ave S, Suite 102, Federal Way, Washington 98003, which is legally described and depicted on Exhibit "A" attached hereto (the "Property "); and WHEREAS, the City's Police Department needs an indoor facility to use as a downtown substation; and WHEREAS, Licensee believes that the Property will be sufficient to accommodate a downtown substation within the existing retail space within the Property; and WHEREAS, Licensor has agreed to permit Licensee to use the Property for such police office use subject to certain conditions; and WHEREAS, Licensee desires to use the Property, subject to the terms and conditions provided for herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinafter outlined, the parties agree as follows: 1. Licensor hereby grants to Licensee a temporary, non - perpetual, non - exclusive license (the "License ") to occupy and use a portion of the Property for use as a substation of the Federal Way Police Department. Licensee's use of the Property shall be in compliance with any and all conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance with all applicable laws, statutes, and governmental rules and regulations. This License will be used by Licensee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Licensee shall not be required to pay Licensor rent for the use of the Property during the term of this Agreement. 3. Licensee shall not be required to pay for electric utilities associated with the lighting and /or heating of the Property during the term of this Agreement. 4. Licensor hereby grants to Licensee the non - exclusive right and privilege to enter on the Property for the purposes set out herein. Licensee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Licensor's use of the Property and /or any adjacent property. In addition, Licensee agrees that the retail space will be available to Licensor with 24 hours' notice to Licensee for the purpose of showing the space to potential renters. 5. The Property may be used by Licensee solely for the purpose described in paragraph 1 herein, during the License Term which shall be limited to the days commencing on February 1, 2014 and ending on January 31, 2015. If at any time during the course of this License Agreement the retail space is rented to a new renter, Licensor may choose to allow Licensee to utilize similar retail space within the Property subject to the same conditions listed in this License Agreement. 6. Licensee agrees that it shall use the Property for only the stated purposes and no other purpose. Licensee shall be solely responsible for undertaking the activities on the Property in a safe, secure and careful manner without waste or damage to the Property or improvements thereon. Licensee will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with the quiet enjoyment of such other tenants. Additionally, Licensee shall clean up and remove any debris created by such activities prior to the termination of the Term of this License. Licensee hereby acknowledges and agrees that it has inspected the Property and examined all conditions thereon relative to Licensee's use thereof, and that Licensor makes no, and expressly disclaims, any warranty or 13 1 representation as to the condition of Property, its safety or suitability for Licensee's intended activities, or as to any improvements thereon, whether express, implied or arising by operation of law, including, without limitation, any warranty of fitness for any particular purposes. 7. Notwithstanding anything contained herein to the contrary, Licensor may terminate this Agreement early for any reason with thirty (30) days notice upon Licensor's notification to Licensee. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on January 31, 2015, Licensee shall quietly and peaceably surrender the Licensor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and will leave the Licensor's Property in as good condition as such Property was in at the time of Licensee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms that govern Licensee's removal obligations and Licensee's indemnification obligations, as well as this survival provision, will survive any termination or expiration of this Agreement. 8. Licensee agrees to defend and to indemnify and hold Licensor, its parent, subsidiaries, affiliates, and its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, including reasonable attorney's fees, court costs, and fees of expert witnesses, arising from Licensee's use of the Property and from any of Licensee's activities conducted on the Property in connection with Licensee's use of the Property, specifically including the use and activities of Licensee's employees and invitees. 9. During the Term hereof, Licensee shall have in full force and effect commercial general liability insurance with respect to Licensee's use of the Property and the activities and operations of Licensee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million Dollars ($1,000,000.00) per occurrence. Two Million Dollar ($2,000,000) general aggregate. A certificate of insurance shall be delivered to Licensor evidencing the coverage required herein prior to commencing any activity on the Property. Licensee' shall include Licensor and Licensor's property manager, Power Property Consultants, Inc., as additional insureds on the policy. 10. Licensee may not assign its rights hereunder without first obtaining Licensor's approval, which may be granted or withheld in Licensor's sole discretion. 11. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 12. Licensee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 13. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand - delivered or sent by mail, return receipt requested and addressed to the parties as follows: LICENSOR: Balli Road, LLC c/o Power Property Consultants, Inc. 3162023 rd Ave S #200 Federal Way, WA 98003 Attn: John Hunt Tel.: 253- 214 -2141 LICENSEE: Federal Way Police Department Attention: Commander Chris Norman 333258 1h Avenue S P.O. Box 98063 -9718 Federal Way, WA 98003 Tel.: (253) 835 -6732 14 2 14. The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 16. This Agreement may be executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 17. Licensee has inspected the Property and accepts the space in its current state "as -is." Licensee, at Licensee's sole cost, will be responsible for all improvements, repairs and maintenance in the Property during their tenancy. 18. Licensee, at Licensee's sole cost, may install signage. Licensor will review and approve signage and proposed location prior to signage installation. At the end of the tenancy, whether by natural or early termination, Licensee, at Licensee's sole cost, will have the signage removed and the impacted area returned to its condition prior to signage installation. 19. Licensee is granted a non - exclusive license to use the designated parking areas in the Project for the use of motor vehicles during the term of this Lease. Landlord reserves the right at any time to grant similar non- exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restrictions on parking by tenants, employees and invitees, to designate specific spaces for the use of any tenant, to make changes in the parking layout from time to time, to limit Tenant's use of the parking areas to eight (8) unassigned parking stalls, and to establish reasonable time limits on parking all at Landlord's sole discretion Overnight parking is prohibited, and any vehicle of Tenant, its employees, guests or invitees violating this or any other vehicle regulation adopted by Landlord is subject to removal without notice at Tenant's expense. IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the date and year first set forth above. LICENSEE: CITY OF FEDERAL WAY By: Jim Ferrell, Mayor ATTEST: Carol McNeilly, CMC, City Clerk 15 3 APPROVED AS TO FORM: Patricia Richardson, City Attorney LICENSOR: BALLI ROADS. LLC By: POWER PROPERTY CONSULTANTS, INC. Its Property Manager By:_ Name: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of Power Property Consultants, Inc. 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 , 2014. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 16 4 COUNCIL MEETING DATE: January 21, 2014 ITE—Nl #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RELATING TO CRIMES INVOLVING SCRAP METAL BUSINESS POLICY QUESTION: Whether Council should adopt by reference certain sections of RCW 19.290 relating to scrap metal business crimes in order to enforce those crimes in the Federal Way Municipal Court? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am Jo Pearsall Assistant Ci Attorne DEPT: Law - ._.... _.._.__._.....__... - -- ..._.._._._.._.._........... .Y.._..._.... ............ . - - -_. --- ._.........-- _..........._.... _.. _ ..Y_._...__..._.__...._.___.._. .__.._.....'.-------- .._...__._.__.....__....._.. - - - -_.. - - -- ..._..._. Attachment: Proposed Ordinance Background: In 2013 the State Legislature amended RCW 19.290 and imposed additional regulations and enforcement mechanisms on scrap metal businesses to curb wire theft, portions of which did not become effective until January 1, 2014. For the Federal Way Municipal Court to have jurisdiction over certain crimes and penalties provided for in RCW 19.290, the City must adopt certain sections of RCW 19.290 by reference. Options Considered: 1) Adopt the proposed ordinance 2) .D...... . o not adopt the proposed ordinance_......._ ...................._.._.........._..._...___..---....._..........._.._._._..._____.__.__.. _..._..--- ...____......__...... MAYOR'S RECOMMENDATION: MAYOR APPROVAL: r DIRECTOR APPROVAL: A L tee Council Initial COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on January 21, 2014. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1sT READING OF ORDINANCE (DATE): "I move to forward approval of the ordinance to the February 4, 2014 Council Meeting for adoption. " 2ND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance. 17 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED COUNCIL BILL # • DENIED ls'r reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # 17 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to crimes involving scrap metal business; adding a new section to FWRC 6.40. WHEREAS, in 2013 the State Legislature passed ESHB 1552 amending RCW 19.290 regarding metal property and scrap metal businesses; and WHEREAS, enhanced laws on metal property and scrap metal businesses were a 2013 legislative priority for the City in order to combat metal wire theft; and WHEREAS, the City is required to adopt sections of RCW 19.290 by reference in order to enforce the law through the Federal Way Municipal Court; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 6.40 of the Federal Way Revised Code is hereby amended to add a new section 6.40.080 to read as follows: 6.40.080 Crimes involving scrap metal business The following state statutes regarding metal property are adopted by reference: RCW 19.290.050 Reports to law enforcement 19.290.060 Stolen metal property — Preserving evidence 19.290.070 Violations — Penalty 19.290.080 Civil penalties 19.290.090 Exemptions from chapter 19.290.100 Scrap metal license — Penalties 19.290.190 Inspection of licenses premises and records 19.290.230 Seizure and forfeiture Ordinance No. 13- 18 Page 1 of 3 Rev 1/10 Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of Ordinance No. 13- CITY OF FEDERAL WAY MAYOR, JIM FERRELL 19 Page 2 of 3 Rev 1/10 ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 13- 20 Page 3 of 3 Rev 1/10 COUNCIL MEETING DATE: January 21, 2014 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AT &T CELL SITE LEASE RENEWAL— AQUATIC CENTER/ BPA POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: 1/14/14 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Am Jo Pearsall Assistant City omn DEPT: Law -- .... -- ... ........_. ...... _..._... ........._....._...._....._._.. -- ............_..— — - ..._.__.._..__......_ _...._._.._._........_ ...................... ...�`_......._....._...— ._..... ..-.._.. _.._._._.._._..._.__...._._...- .._._.._._._..._ �_........... ----- AT &T 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 trail for use in connection with its wireless telephone communications service. The lease was renewed in 2007 and 2011 and is set to expire on November 7, 2016. In late 2012, a question was raised about the correct lease rate. After much discussion, the City and AT &T have agreed to the appropriate rental rate moving forward. AT &T has requested to renew the lease for an additional four automatically renewing five year terms, which would make the new termination date August 5, 2026. This amendment will increase the monthly rental rate to $2,497.61 and will increase 4% each year on January 1. Options Considered: 1. Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. 2. Reiect the lease renewal. MAYOR'S RECOMMENDATION: Recommend approval of the lease renewal and authorize the Mayor to execute the amendment. MAYOR APPROVAL: Council DIRECTOR APPROVAL: fl+Y- COMMITTEE RECOMMENDAYION: I move to forward the Third Amendment to the AT &T Site Lease on the BPA trail, terminating on August 5, 2026, to the January 21, 2014 Council Consent Agenda for approval and authorize the Mayor to sign said amendment. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Third Amendment to the AT&T Site Lease on the BPA trail, terminating on August 5, 2026, and authorize the Mayor to sign said amendment. " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOV ED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 21 Market: PNW Site #: SS40 Site Name: Aquatic Center Fired Asset No.: 10092633 THIRD AMENDMENT TO LEASE AGREEMENT (AG #01 -121) THIS THIRD AMENDMENT TO LEASE AGREEMENT ( "Amendment "), dated as of the latter of the signature dates below, is by and between the City of Federal Way, a Washington municipal corporation, having a mailing address of 33530- 1" Way South, Federal Way, WA 9800' ) ( "City ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 ( "Tenant "). The foregoing named parties to this agreement may be individually referred to as a "Party," and collectively referred to as the "Parties." WHEREAS, City and Tenant entered into that certain Lease dated August 6, 2001, as amended by that certain First Amendment to Lease Agreement (AG #01 -121) dated January 31, 2007, and that certain Second Amendment to Lease (AG 401 -121) dated November 8, 2011 (collectively, the "Lease "), whereby City leased to Tenant certain Premises, therein described, that are a portion of the City Property located on the BPA Trail; and WHEREAS, concurrently herewith, the Parties intend to enter into that certain Settlement Agreement and Release; and WHEREAS, the Parties intend to clarify and more accurately define certain terms set forth in the Lease, including but not limited to the Commencement Date, the Renewal Terms, the Rent, the annual rental increase amount and each anniversary on which it is effective; and WHEREAS, City and Tenant desire to amend the Agreement to modify the Tenant's notice addresses therein; and WHEREAS, City and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Tenant agree as follows: 1. That Section 4, Term, of the Lease is hereby deleted in its entirety and replaced with the following: 4. Term. The term of this Lease shall be five (5) years ( "Initial Term ") and shall commence on August 6, 2001 ( "Commencement Date "). This Lease will automatically renew on the fifth anniversary of the Commencement Date, and each fifth anniversary thereafter, for four (4) additional five (5) year term(s) (each five (5) year term shall be defined as a "Renewal Term "), upon the same terms and conditions unless Tenant notifies City in writing of Tenant's intention not to renew this Lease at least sixty (60) days prior to the expiration of the current Term or Renewal Term. Notwithstanding the forgoing, if Tenant is in default beyond any applicable cure period as of the date any Renewal Term commences, the City may refuse to allow such Renewal Term upon written notice thereof to Tenant. Provided the Lease is not terminated early, this Lease shall expire at midnight on August 5, 2026. The Initial Term and any Renewal Terms are collectively referred to herein as the "Term." 2. The Parties hereby acknowledge and agree that, effective as of October 1, 2013, Rent is Two Thousand Four Hundred One and 55 /100 Dollars ($2,401.55) per month. The Rent shall be increased on January I" of each year during the Term by an amount equal to four percent (4 %) of the Rent in effect during the previous year. 3. That Tenant's notice addresses set forth in Section 19, Notices, of the Lease are hereby deleted in their entirety and replaced with the following: SS40 / Aquatic Center — Third Amendment 22 If to Tenant, to: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: SS40 Cell Site Name: Aquatic Center (WA) Fixed Asset #: 10092633 575 Morosgo Drive NE Suite 13 -F, West Tower Atlanta, GA 30324 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site #: SS40 Cell Site Name: Aquatic Center (WA) Fixed Asset #: 10092633 208 S. Akard Street Dallas, Texas, 75202 -4206 The copy sent to the Legal Department is an administrative step, which alone does not constitute legal notice. 4. City intends to revise its internal guidelines regarding administration of telecom leases located on City owned real property. One of the terms the City anticipates changing is the amount by which Rent will be increased annually. The revised guidelines will go through an approval process and be adopted by the City's Council. If such guidelines provide for an annual Rent escalation that is less than four percent (4 0/6), City shall apply such new guidelines to this Lease, effective upon their adoption by the City's Counsel. A formal Amendment may be requested by either Party to document the changed annual rental increase amount. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect_ Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below. CITY: City of Federal Way, a Washington municipal corporation 0 Jim Ferrell, Mayor Date: TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT &T Mobility Corporation Its: Manager By: - Print Its: _ Date: SS40 / Aquatic Center - Third Amendment 2 23 24