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AG 14-187 II RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT(AG#): - 1 ❑ INTERLOCAL OTHER 5. PROJECT NAME: FIRST AMENDMENT TO SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: JANUARY 1,2014 COMPLETION DATE: DECEMBER 31,2015 9. TOTAL COMPENSATION FOR 2015-$174,700.50 (INCLUDE EXPENSES AND SALES TAX,IF ANY) ti" \`' 4 J mi i'1.9•q) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW C 2 I(a`1 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED LAW DEPARTMENT f l SIGNATORY(MAYOR OR DIRECTOR) PTAVA ❑ CITY CLERK ilrrar ❑ ASSIGNED AG# AG- mom G' ❑ SIGNED COPY RETURNED DATE SENT: E E COMMENTS: FIRST AMENDMENT TO SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This FIRST AMENDMENT TO SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES (the "First Amendment") is entered into as of December 30, 2014, by and between the City of Federal Way, a Washington municipal corporation (the "City), and Commons Mall, LLC, a Delaware limited liability company ("Owner"), owner of the Commons at Federal Way (the "Property"). RECITALS A. The City and Owner are parties to that certain Services Agreement for the Commons at Federal Way Police Services (the "Agreement"), for the purposes of the City performing those police services more specifically described in Exhibit "A" attached to and incorporated into the Agreement. B. Under Section 2 of the Agreement, the term of the Agreement shall be for one year commencing on January 1, 2014, unless terminated earlier pursuant to Section 3 of the Agreement. C. The City and Owner desire to amend the Agreement in accordance with and pursuant to the terms of this Amendment and Section 9.1 of the Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. The Recitals set forth above in Paragraph A through Paragraph C are integral to this First Amendment and are incorporated herein by this reference. 2. All capitalized terms not defined herein shall have the meaning set forth in the Agreement. 3. Section 2 of the Agreement shall be deleted in its entirety and replaced by the following: "TERM. The term of this Agreement shall commence on January 1, 2014, and shall terminate on December 31, 2015." 4. Except to the extent specifically provided herein, this First Amendment is not intended to modify, amend, or revise in any way the terms, conditions, and/or provisions of the Agreement, and the Agreement remains in full force and effect, as amended herein. 5. The parties represent and warrant that each signatory hereto has the authority and capacity to act on behalf of the party for whom he or she is signing, to bind the party and all who might claim through it to the terms of this First Amendment, and to perform on behalf of the party as provided for hereunder, and that no other or further signatures and/or approvals are needed on behalf of the party for whom he or she is signing to bind the party. Page 1 of 3 6. This First Amendment may be executed in multiple counterparts, each of which will be an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date set forth above. CITY OF • DERAL WAY ATTEST: B r By: Ael PAL " AIA Ji ' a rr�',' ayor l lerk, Stephanie Co APPROVED AS TO FORM: Date: Vp-95 By: C City Attorney, Amy Jo Pearsall COMMONS MALL, LLC, a Delaware limited liability company By: Dinesh thorized Signator Date: Ilk • J-71/41/4-0-/5, /5 111 111. STAT• •F WASHINGTON ) ss. COUNTY OF On this day personally appeared :: ore me _ , to me known to be the of that executed the foregoing instrument, and acknowledged the said instru --nt to be the free and voluntary act and deed of said corporation, for the uses and purposes therein menti••-d, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any,i e corporate seal of said corporation. GIVEN my hand and official seal this day of ,20_. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires Page 2 of 3 \� / //I %1 • EXHIBIT B-1 ADDITIONAL COMPENSATION In 2015 the City will provide 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, 11:00 a.m. to 9:00 p.m. Officer B: Thursday through Saturday and Monday, 11:00 a.m. to 9:00 p.m. Officer C: Thursday through Saturday, 12:30 p.m. to 10:30 p.m. This sample schedule is subject to change based on the needs of the Owner and the City. The City reserves the right to adjust the schedule to accommodate training, vacation, and other types of leave, providing that the impact to the Owner is inconsequential. The total cost of Contract Officer salaries for 2015 will be Three Hundred Forty-nine Thousand Four Hundred One and no/100 Dollars ($349,401). The City will pay half of this amount, totaling One Hundred Seventy-four Thousand Seven Hundred and 50/100 Dollars ($174,700.50). The Owner will pay the City the balance of One Hundred Seventy-four Thousand Seven Hundred and 50/100 Dollars ($174,700.50) in monthly installments of Fourteen Thousand Five Hundred Fifty-eight and 38/100 Dollars ($14,558.38)per month for 12 months. Page 3 of 3 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT State of CALIFORNIA) County of ORANGE ) ss On January 5, 2015, before me, Maria E. Howarth, Notary Public, personally appeared Dinesh Davar, who proved to me on the basis of satisfactory evidence to be the persons}whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/h-ef4heif authorized capacity(ies; and that by his/her/their signatures} on the instrument the persons} or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MARIA E. HOWARTH /1./j / I� � �� (Seal) �: `►` Commission#�2038665 Signature '• Notary Public-CalNornia ` !f Orange County M Comm.E ires Se 8,2017 r RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ,*z lz4e^ r Z )/) 2. ORIGINATING STAFF PERSON: ` �/ EXT: Z 3. DATE REQ. BY. 1-5 � 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL • OTHER L 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: I l j Z-ol4- COMPLETION DATE: 9. TOTAL COMPENSATION $ ` (p Qj , Q. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED • PROJECT MANAGER • DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SI NED LAW DEPARTMENT S CaA.A k-zituN CHIEF OF STAFF �•a /� SIGNATORY MAY OR DIRECTOR) $;CITY CLERK - 0 ASSIGNED AG# AG# ,.SIGNED COPY RETURNED DATE SENT: :a1 COMMENTS: 11/9 CITY OF CITY MALL Federal Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063 -9718 18 (253) 835 -7000 WwW diyvN06-fQ/.YBY Coal SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Services Agreement ( "Agreement ") is �E between the City of Federal Way, a Washington municipal corporation ( "City "), and -969Wf o Commons H, 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 Hl, LLC: James D. Yoder 1928 S. Commons Suite B Federal Way, WA 98003 253- 839 -6156 (�elephone) jitn.yoder@steadfastco.com The Parties agree as follows: CITY OF FEDERAL WAY' Andy Hwang, Chief of Police 33325 8'b Ave S P.O. Box 9718 Fed,.:al Way, WA 9830 -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 19, 2014. 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 Vmiuds u,at they are azaigned 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 c- by any and all persons or SERVICES AGREEMENT - 1 4& CITY OF CITY HALL .. Federal Way 33325 8th Avenue 8063 - - Box 9718 � Federa{ Way. WA 98063 -9718 18 (253) 835 -7000 mvw cityoffedera4vay corn 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, fiunish 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 Int;Mretation 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 SERVICES AGREEMENT - 2 - CITY OF CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way Federal Way, WA 98053 -9718 (253) 835 -7000 www ciW10dera4my con) 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 Washingtor. If the Parties are unable to settle any tikp»te, 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] SERVICES AGREEMENT - 3 - CITY OF CITY HALL Federal Way 33325 8th Avenue South • Box 9718 Federal Way, WA 98063 -9718 18 (253) 835 -7000 www ci"ff&dera49y con IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By: Jim Ferrell, Mayor ,F DATE: By: Printed NLe: J I Title DATE: ATTEST- City lerk, C-ml- C C APPROVED AS TO FORM: �! City Attorney, Amy Jo Pearsall STATE OF WASHINGTON) _- ) ss. COUNTY OF _) ` f ;.: �. �! On this day personally appeared before me to me known to be the UL mt 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 ^f 2014. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires SERVICES AGREEMENT - 4 - CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE ) ss On December 5, 2014, before me, Mary L. Kelly, Notary Public, personally appeared Rodney F. Emery, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the feregoing paragraph is true and cone -t. M..,. commis sion # 1997002 Notary Public - California Orange County WITNESS my hand and official seal. / / CITY OF CITY HALL 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063 -9718 18 (253) 835 -7000 www (AlOoderaWy corn EXHIBIT "A" SERVICES 1 The City will provide to the Property three (3) full time (l 10 hrs. a week), experienced police officers ("Contract Officers ") to provide security (in addition to other policing 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, bicycle patrol and vehicle patrol of the entire 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 intca.:jts. 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 gvueral and direct supervision of the Federal Way : CITY OF Federal CfTY HALL 33325 6th Avenue South • PO Box 9718 Way Federal Way, WA 98063 -9718 (253) 835 -7000 www com SERVICES AGREEMENT - 6 - - CITY OF CITY HALL 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063 -971 18 B (253) 835 -7000 wuw crtyafiederrdtirvy corn EXHIBIT "B" COMPENSATION In 2014 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, 11:00 am to 9:00 pm Officer B: Thursday through Sunday, 11:00 am to 9:00 pm Officer C: Wednesday 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 incunseyue,; -Lial. The 2014 rate (50% of the cost to the City) for this coverage is a total of One Hundred and Sixty Eight Thousand, Four Hundred and Forty Six and 00 /100 Dollars ($168,446.00) per year or Fourteen Thousand, and Thirty Seven and 16/100 Dollars ($14,037.16) per month. SERVICES AGREEMENT - 7 -