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AG 17-011RETURN TO: PW ADMIN EXT: 2700 ID # '� /�l if CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: Q SVN EXT: 2. t 3 3. DATE REQ. BY: AS PA 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): Ti OTHER \' L. \N \ \1.T) 1N�- (E.G., RFB, RFP, RFQ) 5. PROJECT NAME: t!� ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL CZ p' , No, FEZ 0 Sc' AcCr1-- bCMGNT 6. NAME OF CONTRACTOR: \IAtVV C.OMMv N“./'r=1 GAiS C_C N TE" ADDRESS:VA 5-1R \O ' pore. /*` `18030 E- MAIL: `` SIGNATURE NAME: L. ore a' L5Q.A.nC1•• X (61-0 TELEPHONE: 2.5 3- 3 1 Z-\ 3 o0 FAX: ▪ 3'11.• - 1305- TITLE: t�?ctc.u4t )L IY.c.',DC 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 CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. / / 8. TERM: COMMENCEMENT DATE:= I I7 COMPLETION DATE: / /22 9. TOTAL COMPENSATION: $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L OR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 15J NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE To: N1� PAID BY: ❑ CONTRACTOR ❑ CITY 10. DOCUMENT / CONTRACT REVIEW R p DEPUTY DIRECTOR $ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 74 LAW DEPT INITIAL / DATE REVIEWED ()µ-J 1z1°t i to l(2la►k1u 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS I / D liGN rLAW DEPT ❑ CHIEF OF STAF » SIGNATORY n CITY CLERK 1y( ASSIGNED AG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL OR DIRECTOR) COMMENTS: EXECUTE " 1" ORIGINALS ATE 12 2- 1 l4, 4_7� ow- AG ° 13- (Al DATE SENT: 01-SO-11- INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: I I 2LIG 1 17 'Vac Citty wMOs4' S;cs -., - kactrmAt r ice'- eohecs 1n `r�u�b� ►�� C R+rt_. _ C 15 1e5 e .. 14 40e111- b(h1-(\ ne OroS+(v 41,4/►-4-6e l * 1QSSGt " : v▪ %tp‘03 ■•••K �w . ® (/ 1/15 • AGREEMENT THIS AGREEMENT is made by and between Valley Communications Center ( "Valley Com ") an Intergovernmental Agency, and The City of Federal Way ( "Lessee "). RECITALS A. The governing Interlocal Agreement for Valley Com provides, in pertinent part, that Valley Com shall i) determine what services shall be offered and the terms of such services; ii) enter into agreements with third parties for necessary services; iii) hold radio frequency licenses to meet public safety responsibilities; and iv) undertake other acts necessary to further Valley Com's goals and purposes. B. Valley Communications Center is the Federal Communications Center's licensee for several radio frequencies specific to this Agreement, which are listed in Exhibit A, which is attached and incorporated by this reference ( "Frequencies "). C. The City of Federal Way intends to install in- building radio frequency emergency services - specific radio system equipment ( "Equipment ") at its facility located at 31510 Pete von Reichbauer Way S, Federal Way, and seeks permission from Valley Com to use the certain Frequencies in conjunction with its use of the Equipment. NOW, THEREFORE, VALLEY COM AND THE CITY OF FEDERAL WAY AGREE AS FOLLOWS: 511561v2 1 Lessee In- Building Radio Frequency Use Agreement AGREEMENT 1. Permission Granted and Term. Valley Com grants Lessee permission to use the Frequencies at no cost at Lessee's facility located at 31510 Pete von Reichbauer Way S, Federal Way for a period of five (5) years from the Effective Date, unless sooner terminated pursuant to section 5 of this Agreement. This Agreement shall automatically renew at the end of each five (5) year period, unless otherwise indicated by either Valley Com or Lessee in writing. 2. Equipment. Valley Com shall have no obligation or liability related to the installation, operation, maintenance, repair, or removal of the Equipment. 3. Signal Strength and Use of Frequencies. Valley Com does not guarantee the strength of signal of the Frequencies and shall not be liable for any variance or deficiency in signal strength. Lessee may use the Frequencies solely for the purpose of enhancing public safety communications. 4. Installation. Lessee must submit its plans and specifications for installation of the Equipment for Valley Com's review and approval before installation occurs. Lessee's Equipment and installation and maintenance of such Equipment shall meet all applicable NFPA and FCC rules and guidelines. Lessee must maintain and otherwise ensure that its Equipment remains in good working order and that it operates in accordance with approved plans and specifications for the duration of this Agreement. Valley Com may inspect and, if necessary, reject Lessee work before, during or after construction or installation is complete. 511561v2 2 Lessee In- Building Radio Frequency Use Agreement 5. Interference. Upon installation of the Equipment, Valley Com shall, at the expense of Lessee, conduct an inspection of the Equipment to ensure that the signal does not interfere with Valley Com or any other entity to which Valley Com has granted use of the Frequencies. If Lessee's use of the Frequencies interferes in any manner with Valley Com's use, or use by any other entity to which Valley Com has granted use of the Frequencies, Lessee shall immediately cease use of the Frequencies until that interference is remedied. Upon request by ValleyCom, Lessee shall be obligated to reimburse for all reasonable expenses incurred by ValleyCom (including but not limited to staff time) in investigating any interference with Valley Com's operations that Valley Com determines is caused by Lessee's use of Frequencies under this Agreement. 6. Revocation and Termination. Either party may terminate this agreement by providing the non - terminating party at least thirty (30) calendar days' prior written notice of that termination. Upon the effective date of the termination, Lessee must cease use of the Frequencies within thirty (30) calendar days. This right to terminate is without liability or obligation to the non - terminating party, and further, Lessee waives any right it may have to any claim for losses or damages of any kind incurred as a result of the early termination of this Agreement. Notwithstanding the foregoing, Valley Com may terminate this Agreement effective immediately if Lessee's use of the Frequencies interferes with Valley Com's operations, or if Lessee's use interferes with any other entities to which Valley Com has granted use of the Frequencies and Lessee is unable to remedy that interference. 7. Indemnification. Lessee shall defend, indemnify and hold Valley Com, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuries, damages, losses or suits, including all reasonable legal costs, witness fees and 511561v2 3 Lessee In- Building Radio Frequency Use Agreement attorney fees, to the extent caused by the negligence or misconduct of or breach of this Agreement by Lessee. Notwithstanding anything to the contrary in the foregoing, Lessee shall in no event be liable for consequential or punitive damages. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 8. Venue and Jurisdiction. This Agreement shall be construed in accord with the Laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of any claim or litigation regarding the enforcement of the terms of this Agreement, each Party shall be responsible for its own legal costs and attorney fees except as noted in Paragraph 7. 9. Notices. All notices, requests, demands, or other communications provided for in this Agreement, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, addressed as the case may be, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: VALLEY COM: Valley Communications Center Attn: Technical Services Manager 27519 - 108th Avenue Southeast Kent, WA 98030 511561v2 4 CITY OF FEDERAL WAY: City of Federal Way Attn: City Attorney 33325 8th Avenue South Federal Way, WA 98003 Lessee In- Building Radio Frequency Use Agreement 10. Entire Agreement and Effective Date. This Agreement contains the entire agreement between the parties and, in executing it, Valley Com and Lessee do not rely upon any other statement, promise, or representation, whether oral or written. This Agreement shall be effective upon the last date executed (Effective Date). 11. Assignment. Neither party may assign this Agreement without the written consent of the non - assigning party. If Valley Com gives its consent to any assignment by Lessee, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 12. Authority to Execute. Each person executing this Agreement warrants that he /she has the requisite authority to bind the party for whom that person is executing. IN WITNESS, this Agreement is executed and shall become effective as of the last date signed below. VALLEY COMMUNICATIONS CENTER 04A7t-f1.4-pti By: Lora Ueland Its: Executive Director Date: 1/ 3/17 APPROVED AS TO FORM: Law Department CITY OF FEDERAL WAY m Ferrell Its: Mayor Date: / 3' /a, APPROVED AS TO FORM: Law DApa\rtment � Lessee In- Building Radio Frequency Use Agreement 511561v2 5 IZArvi Va 111 COMMUNICATIONS CENTER A NATIONALLY ACCREDITED COMMUNICATIONS CENTER Exhibit A KC /VC Simulcast Uplink Downlink 806.0625 851.0625 806.0875 851.0875 806.1625 851.1625 806.3625 851.3625 806.5375 851.5375 806.6375 851.6375 806.8125 851.8125 806.9625 851.9625 807.1625 852.1625 807.2125 852.2125 807.2875 852.2875 807.4125 852.4125 807.8375 852.8375 807.8625 852.8625 808.4250 853.4250 808.4500 853.4500 809.0875 854.0875 809.2875 854.2875 810.4375 855.4375 810.5875 855.5875 811.6875 856.6875 811.7625 856.7625 811.8875 856.8875 812.0875 857.0875 VaIIey °911 COMMUNICATIONS CENTE A NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County / Valley Communications requires the following information to process your request to install a BDA/DAS to provide in- building Public Safety Radio System coverage (items 20 through 23 along with a frequency list will be supplied by King County): 1) Company and /or building name: Federal Way Performing Arts & Events Center 2) Address: 31510 Pete Von Reichbauer Way South, Federal Way, WA 98003 3) Contact name / phone: During Construction: EJ Walsh 253 - 835 -2713 Post Construction: IT On -Call Desk 253 - 835 -2555 4) Email address: During Construction: Edward .Walsh@cityoffederalway.com Post Construction: IT On -Call: IT.HelpDesk @cityoffederalway.com 5) Emergency contact name / phone (24 hours /7 days): During Business hours IT On -Call 253 - 835 -2555 After hours: Emergency Call -out: 800 - 400 -0749 (request IT /fiber call out) 6) Location of equipment in building: Mezzanine MDF (room 228) 7) Designed by (Company name / employee name): DAS Connexion 8) Installed by (Company name / employee name): Teknon 9) Tested by (Company name / employee name): DAS Connexion 10) Provide system drawings (soft copy): see design in Dropbox 11) Provide all system equipment documentation (soft copy): see equipment documentation in Dropbox 12) Make /model (soft copy): see equipment documentation in Dropbox 13) Antenna type (panel, yagi, etc.): directional panel antenna 14) Antenna gain (dBd): 11.0 15) ERP to donor site (dBm): -69 dBm 16) Antenna coordinates (NAD83): Latitude: 47.3039031 Longitude: - 122.326692 17) Antenna height above ground (feet): 40 feet 18) Date of plan commission (first turned on): 19) Projected Signal level at donor site ( -dBm): tbd (depending on donor site) 20) Channelized (24 channels): 21) Donor site name: 22) Projected signal level from donor site ( -dBm): PHONE: 253.372.1300 FAX:253.372.1305 WWW.VALLEYCOM.ORG 27519 108" AVE SE KENT, WA 98030 VaIIey °977 COMMUNICATIONS CENTE 23) Antenna azimuth (degrees true): A NATIONALLY ACCREDITED COMMUNICATIONS CENTER King County and ValleyCom require site measurement be done at the donor site and BDA/DAN site at the time of commissioning, the BDA /DAN system can't be in an operating state until this has been done. King County and ValleyCom reserve the right to change frequencies and donor site locations as its needs dictate. The applicant is responsible for all costs to modify the BDA/DAS system to conform. PHONE: 253.372.1300 FAX:253.372.1305 WWW.VALLEYCOM.ORG 27519 108TH AVE SE KENT, WA 98030