AG 17-011 - Valley Communications CenterRETURN 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
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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'
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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
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p DEPUTY DIRECTOR
$ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
74 LAW DEPT
INITIAL / DATE REVIEWED
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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
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SIGNED COPY RETURNED
❑ RETURN ONE ORIGINAL
OR DIRECTOR)
COMMENTS:
EXECUTE " 1" ORIGINALS
ATE
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DATE SENT: 01-SO-11-
INITIAL / DATE APPROVED
COUNCIL APPROVAL DATE:
DATE REC'D: I I 2LIG 1 17
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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