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AG 17-169 RETURN TO: /�'^ EXT:--_ CITY OF FED-.2-RAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: P l _ ORIGINATING STAFF PERSON: C'���� w�C EXT: 3. DATE REQ.BY: 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 '�CONTRACTAiN1END EN (AG#): ' ❑ INTERLOCAL (OTHER_ y PROJECTNAME: - t� NAME OF CONTRACTOR: TELEPHONE ADDRESS: ELF SHONE E-MAIL: SIGNATURE NAME: —____—__—_ TITLE EXHIBITS,AND ATTP.CHMENTS:[j SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERf1FICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUT'YORITY TO S!ON ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS COMPLE'i'FON D%'v: aU� � r1 TERM: COMMENCEMENT DATE: --- -� IliI:1L! t,ti1i i�J1"f [c IT ti (r r ti NNI�sAL€sfAx,lrnN>} 1 t .J.,. ,' 1:.L1 1 •11's rl.s ,Ia i} -:CI"T ICH SC•I:I i]I'i-1.; - i:•1l'Lt i:�'i'E i LIDS AND 11.: ]�]=i�143f !'.S,'li; .!: 1:..�;1'I \til= r—}!:,; ii�E; ]I •i . h.:.'•`tl ,l , : LCL i ,I, l.;l.i. .� _ �Cl'Il` AI ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL IDATE-REV IEWED I�!E 1 ? 11. f'.11' :''•I`i'}<.' %'-! ❑ PROJECT MANAGER _ ❑ DIRECTOR ❑ RISK MA NAG ENTENT (IFAPPLICABLE) ❑ LAW 1. COUNCIL APPROVAL(IF•APPLICABT.E) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL.DATE: 2. CON'1 IZACT SIGNATURE ROUT'NG ElSENT TO VENDOR/CONTRACTOR DATE SENT: _ DATE RECD: �- ❑ ATTACH: SIGNATURE AUTHO=ITY, INSURANCE CERTIFICATE,LICENSES, EXHIBITS ❑ CREA'I E ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Inco-Je dept.Suppo,t staff if nccessa y and feel free to set notification more than a month in advance if council approval is needed.) INITIAL./DATE IGNED ❑ LA DEPARTMENT G 0 IGNATORY(NIAYOR OR DIRECTO) ),CITY CLERI{ Q ASSIGNED AGq AG# IZL SIGNED COPY RETURNED DATE SENT: 1-0 ' ',;vMENTS: Inniu E I AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE' CITY OF AUBURN AND THE CITY OF FEDERAL WAY ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK-FORCE THIS AMENDMENT TO THE INTERLOCAL AGREEMENT ("Agreement") is n:t;tcc :incl iilu Ellis day 2019, between the CITY OF AL BL1RN. a n.uni4ipal corporation of the State of Was 'ngton ("Auburn"), and the CITY OF FEDERAL WAY("Federal Way") ("Parties"). RECITALS: A.Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task- Force (PSATT), established through an Interlocal agreement, adopted by Auburn City Council under Resolution 5303 between the cities of Federal Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol,the Pierce County Sheriffs Office, the Khig County Prosecutor's Office,and the Pierce County Prosecutor's Office,to combat automobile theft in the Puget Sound area through coordinated law enforcement; and B.As the Lead Administrative Agency,Federal Way is authorized to expend Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with the operation of the PSATT, including the leasing of office space for the operations of the PSATT; and C. On November 6"', 2017 the Parties entered into an Agreement adopted by Auburn City Council under Resolution 5324 for the establishment of office and vehicle parking space;and WHEREAS,Federal Way has notified the City that the grant amount has been reduced for the next funding cycle, and has asked the City to reduce the cost of the facility; and WHEREAS,The City of Auburn believes it to be in the best interest of the public to amend the Agreement. AGREEMENT: 1. Section 3 is amended by adding a new section F to read as follows: F. For the grant cycle beginning July 1, 2019 and ending June 30, 2021, Federal Way agrees to pay a total of Two Thousand,Nine Hundred Sixteen Dollars and Sixty-Six Cents ($2,916.66)per month for base rent and utilities. 2. Section 8 is amended by adding a new section J. Execution in Counterpart to read as follows: J. l:xeculinii in cou;iLcY]ari. This Agreement may be executed in any number of counterparts, each of which deemed to be an original against any party whose signature appears thereon,and all of which together constitute one and the same instrument. This Agreement will become binding First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement For Office and Parking space under Resolution 5324 Page 1 when one or more counterparts, individually or taken together bear the signatures of the parties reflected hereon as the s1lonalories. ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT INCLUDING THE TERMINATION PROVISON IDENTIFIED IN PARAGRAPH TWO SHALL REMAIN THE SAME. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN CITY OF FEDERAL WAY I ancy E3aekle: `:luburnla�or Jim Ferrell, Federal Way Mayor Attest: `-) Attest: Shawn Campbell, Mi\4C City y Clerk Stephanie Courtney, Federal Way City Clerk Approved as to form: Approved as to form: Steven L. Gross, Auburn City Attorney J. Ryan Call, Federal Way City Attorney First Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 2 binding when one or more counterparts, individually or taken together bear the signatures of the parties reflected hereon as the signatories. ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT INCLUDING THE TERMINATION PROVISON IDENTIFIED IN PARAGRAPH TWO SHALL REMAIN THE SAME, IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN CITY< F FEDERAL WAY Nancy Backus, Auburn Mayor 3 erg .11 FCC101111�1l ay Mayor Attest: Attest: Shawn Campbell,MMC, City Clerk SWpUlz Courtney, Fed l Way City Clerk Approved as to form: Approved as to form: `j� Steven L, Gross, Auburn City Attorney J. Ryan all, Federal Way City Attorney First Amenamem to inter oca,Agreement oeLween City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 2 i i RESOLUTION NO. 5 4 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY RELATED TO THE PUGET SOUND AUTO THEFT TASK FORCE WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task-Force (PSATT), established through an Interlocal agreement to combat automobile theft in the Puget Sound area through coordinated law enforcement; and WHEREAS, the City and Federal Way entered into an Agreement adopted by Auburn City Council under Resolution 5324 for the establishment of office and vehicle parking space ("Original Agreement"); and WHEREAS, Federal Way has notified the City that the grant amount has been reduced for the next funding cycle, and has asked the City to reduce the cost of the facility; and WHEREAS, staff believes it to be in the best interest of the public to amend the Agreement both to support the Task Force and to keep a regular presence at the facility. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to execute an amendment to the Original Agreement between the City and the City of Federal Way, which agreement will be in substantial conformity with the agreement attached as Exhibit A. Resolution No. 5443 DATE Page 1 of 2 Rev.2018 I 1 f Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this i S day of 12019. CITY OF AUBURN €r.l•;CYr>;'.:G:KUS, ATTEST: APPF S TO FORM: Shawn Campbell, MMC, City Clerk Steven I_. {"o-I's, City Attorney Resolution No. 5443 DATE Page 2 of 2 Rev.2018 1 I RETURN TO: '--V C?rti ‘ EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E. ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER EXT: 3. DATE REQ. BY: G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION I INTERLOCAL . PROJECT NAME: .K496- Solna \ fl Y\AT aS 11- - C.A. SeacSL NAME OF CONTRACTOR: C \ -u c 0� bc)(n ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE 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 TERM: COMMENCEMENT DATE: Ubk l 2-0 I-1' COMPLETION DATE. Qu ?\Q)()Q,UJ : \_ 5 'i ;L COMPENSATION $ 3, (�(� ( 21 W0 pet, rr \a bE EEIME$ p fA TAX�IF ) (IF CALCULATED ON HOURLY LABOR CH GE - ATTACH SCHEDULES OF EMPLOYEE ITLES AND HOLIDAY RATES) L 1Oti CltlW low REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES RETAINAGE: RETAINAGE AMOUNT: ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) it LAW ge- l. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DA. T 25 COUNCIL APPROVAL DATE:S13I 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) Ali LAW DEPARTMENT (/SIGNATORY (MAYOR OR DIRECTOR) %CITY CLERK `SASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: INITIAL / D j TE SIGNED Wish-4 5C- 1%115 AG# V3 DATE SENT: 11 13 //l- 1/1(11 '7 CITY OF AUBURN — CITY OF FEDERAL WAY INTERLOCAL AGREEMENT FOR ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK -FORCE THIS INTERLOCAL AGREEMENT (Agreement) made and entered into, pursuant to /the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the Zo day of 2017, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington (Auburn), and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington (Federal Way). WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task -Force (PSATT), established through an interlocal agreement between the cities of Federal Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Pierce County Prosecutor's Office, to combat automobile theft in the Puget Sound area through coordinated law enforcement; and WHEREAS, as the Lead Administrative Agency, Federal Way is authorized to expend Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with the operation of the PSATT, including the leasing of office space for the operations of the PSATT; and WHEREAS, Auburn has unused office space in the administrative building at Auburn Game Farm Park, located in Auburn (the Premises), it is willing to lease to Federal Way for PSATT use at a discounted rate; and WHEREAS, the PSATT is in need of office space for daily operations; and WHEREAS, the parties wish to enter into an agreement for the leasing of the Premises for PSATT use and occupancy. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, the parties hereto agree as follows: 1. PREMISES LEASED A. For and in consideration of the rent and faithful performance by Federal Way of the terms and conditions of this Agreement, Auburn does hereby lease to Federal Way, and Federal Way does hereby lease from Auburn, the Game Farm Park Administration Building and accompanying vehicle parking area located at 2840 Riverwalk Dr. SE, Auburn, WA 98002, (the Premises), depicted in Exhibit A attached hereto and incorporated herein by this reference. No other portion of Auburn's property, other than those areas depicted as the INTERLOCAL AGREEMENT July 19, 2017 Page 1 of 7 "Administration Building" or "Vehicle Parking Area" in Exhibit A, are considered part of this Agreement. The parties further acknowledge and agree that Auburn reserves the right of immediate access through the Vehicle Parking Area at all times and without permission or consent of Federal Way for the right of storage and further use of the remaining portions of Auburn' s property. B. No building, structure, or improvements of any kind shall be erected, placed upon, operated or maintained on the Premises, nor shall any business or operation be conducted or carried on in violation of any ordinance, law, statute, by -law, order, or rule of any governmental agency having jurisdiction there over. 2. TERM The term of this Agreement shall be for one (1) year, beginning on August 1, 2017 (the Commencement Date). Unless earlier terminated by either party, this Agreement shall automatically renew for one (1) year terms to coincide with the Washington Auto Theft Prevention Authority grant funding of the PSATT. In addition to any other termination provisions in this Agreement, either party may terminate this Agreement at any time, and for any reason, by providing thirty (30) days' written notice to the other party. 3. RENT A. Federal Way agrees to pay Auburn a base rent equal to three- thousand dollars ($3,000.00) per month, for the Premises. B. Federal Way further agrees to pay Auburn a flat rate for utilities, including but not limited to power, water, sewer, storm, garbage, security and janitorial services equal to two - thousand dollars ($2,000.00) per month (utility charge). The utility charge shall be paid in quarterly installments during the term of this Agreement. In the event that the utility charge exceeds available state funding, Federal Way shall seek pro rata contribution from the participating PSATT agencies, pursuant to the vote of the PSATT Executive Board on October 5, 2017; the minutes of which are attached hereto as Exhibit B and incorporated herein by this reference. C. Base rent accrued between August 1, 2017, and October 31, 2017, shall be paid within thirty (30) days of the Commencement Date, and monthly thereafter. D. In the event this Agreement is terminated prior to the expiration of the term, Auburn shall refund to Federal Way a pro -rated portion of the base rent and utility charges paid, equivalent to the months remaining within the current term at the time this Agreement is terminated. E. The parties agree that this Agreement shall fulfill any invoicing requirements of the interlocal agreement establishing the PSATT. INTERLOCAL AGREEMENT July 19, 2017 Page 2 of 7 4. MAINTENANCE A. Auburn shall be responsible for the sole cost and expense of all repairs and maintenance to the exterior of the Premises, including, but not limited to: landscaping, foundation, exterior walls, siding, exterior windows, exterior doors, roof, gutters and downspouts as well as all interior and exterior mechanical systems including: HVAC, electrical, plumbing and plumbing and electrical fixtures. Provided, however, that Auburn shall not be required to repair damage that results from the act of negligence by the members of PSATT beyond that required by the PSATT interlocal agreement liability and cost sharing provisions. If Auburn refuses or neglects to commence or complete repairs, Federal Way may, but shall not be required to, commence or complete the repairs and Auburn shall pay the costs thereof. Repairs made by Auburn due to the negligence of Federal Way shall be charged to Federal Way, and such charges shall include all direct and indirect costs. B. In the event that the Premises is damaged beyond use due to a fire, natural disaster, or act of god, this Agreement shall terminate upon ten (10) days' notice from Federal Way to Auburn that it intends to vacate the Premises. 5. INSURANCE COVERAGE, INDEMNIFICATION, AND HOLD HARMLESS A. Federal Way shall maintain insurance coverage, whether through the commercial insurance market, an insurance pool, self - insurance, or a combination thereof, adequate to meet the obligations of this Agreement, including the indemnifications contained herein and those in the interlocal agreement establishing the PSATT, and contractual liability coverage of applicable leases, licenses, permits, or agreements. B. To the extent provided for by the terms of the interlocal agreement establishing the PSATT, Federal Way shall defend, indemnify, and hold harmless Auburn, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Federal Ways' use of the Premises, or from the conduct of Federal Way's business, or from any activity, work or thing done, permitted, or suffered by Federal Way on or about the Premises, except only such injury or damage as shall have been occasioned by the sole gross negligence or willful misconduct of Auburn. C. Federal Way and Auburn hereby release and discharge each other from all claims, losses, and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the Premises or said building. This release shall apply only to the extent that such claim, loss, or liability is covered by insurance. 6. NOTICES Any notice, consent, approval or other communication given by either party to the other relating to this Agreement shall be in writing, sent by both electronic mail and certified mail, return receipt INTERLOCAL AGREEMENT July 19, 2017 Page 3 of 7 requested. Such notice may also be delivered by hand. If such notice is hand delivered or personally served, it shall be deemed effective immediately upon receipt. If sent by certified mail, return receipt requested, such notice shall be deemed given on the third business day following deposit in the United States mail, postage prepaid and properly addressed; if delivered by overnight courier, notice shall be deemed effective on the first business day following deposit with such courier; and if delivered by electronic communication, notice shall be deemed effective when sent. The notice addresses of the parties are as follows: To Auburn: To Federal Way: City of Auburn Attn: Josh Arndt 25 West Main St. Auburn, WA 98001 Email: Jarndt(couburnwa.gov City of Federal Way Attn: Andy Hwang 33325 8th Ave. S. Federal Way, WA 98003 Email: andy.hwang @cityoffederalway.com 7. INSPECTION, ACCESS & POSTED NOTICES Auburn and any of its agents shall at any time upon seventy -two (72) hours advance, written notice to PSATT, have the right enter upon and inspect the Premises provided; however, that (A) any Auburn personnel or agent shall be accompanied by a member of PSATT at all times, and (B) in the event Auburn determines, in its sole and absolute discretion, that an emergency situation exists on or adjacent to the Premises, no advance notice to Federal Way is required and Auburn may immediately enter upon and inspect the Premises. Auburn shall have the right to serve, or to post and to keep posted on the Premises, or on any part thereof, any notice permitted by law or by this Agreement, any other notice or notices that may at any time be required or permitted by law or by this Agreement. Auburn shall not be liable in any manner for any inconvenience, disturbance, loss of business, or other damages arising out of Auburn's entry on the Premises as provided in this Section except for such damage that is caused directly by, or through the gross negligence of, Auburn, its employees, agents, or representatives. 8. MISCELLANEOUS A. Choice of Law: This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. B. Captions & Headings: The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. INTERLOCAL AGREEMENT July 19, 2017 Page 4 of 7 C. Relationship of the Parties: Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. No provision of this Agreement shall relieve either party of its public agency obligations and/or responsibilities imposed by law. D. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time either party shall have the right to terminate the Agreement. E. Integration: This Agreement constitutes the entire agreement between the parties as to the leasing of the Premises. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. The parties acknowledge that this Agreement is executed pursuant to the interlocal agreement establishing the PSATT. In the event there is a conflict between this Agreement and the interlocal agreement establishing the PSATT, the interlocal agreement establishing the PSATT shall control. F. Interpretation: Interpretation or construction of this Agreement shall not be affected by any determination as to who is the drafter of this Agreement, this Agreement having been drafted by mutual agreement of the parties. G. Force Majeure: No party to this Agreement shall be held responsible for delay or default caused by terrorism, natural disasters, riots, acts of god and /or war that is beyond the reasonable control of the parties. H. Waiver: The failure of either party at any time to require performance by another party of any provisions of this Agreement will in no way affect the party's subsequent rights and obligations under that provision, and waiver by any party of the breach of any provision of this Agreement shall not be taken or held to be a waiver of any succeeding breach of such provision or as waiver of such provision itself. I. Signage — No fixed signage shall be permitted on the Premises whatsoever. If Federal Way wishes to utilize signage, Federal Way must first submit a written request to Auburn which specifically states what type of signage Federal Way wishes to utilize, the size and number of signs Federal Way is requesting to utilize and the location of where Federal Way's signage will go. Auburn reserves the right to approve, disapprove or modify Federal Way's request in its sole option and without recourse by Federal Way, which Auburn shall provide in writing within 21 days of receipt of Federal Way's request. Any and all signage approved INTERLOCAL AGREEMENT July 19, 2017 Page 5 of 7 for use by Auburn shall be the sole and absolute cost of Federal Way, and consistent with the expenditures authorized by the interlocal agreement establishing the PSATT. All signage shall further be subject to and in accordance with the Auburn City Code, Chapter 18.56. J. Alarm Codes - Alarm code(s) will be provided for personnel access into the Premises. Alarm codes are subject to change as determined and in the sole discretion of Auburn. PSATT shall be notified prior to changing of the alarm codes. PSATT shall not provide any alarm codes to their customers or guests and PSATT shall immediately notify Auburn if the codes need to be changed to prevent access from a customer or employee to maintain security. K. No Brokers — Federal Way represents and warrants to Auburn that it has not engaged any broker, finder or other person who would be entitled to any commission or fees in respect of the negotiation, execution or delivery of this Agreement and shall indemnify and hold harmless Auburn against any loss, cost, liability or expense incurred by Auburn as a result of any claim asserted by any such broker, finder or other person on the basis of any arrangements or agreements made or alleged to have been made by or on behalf of Federal Way. 9. SIGNATURE IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN Attest: zirt ig,,_ Danielle Daskam, Auburn City Clerk App CITY OF FEDERAL WAY Fe ell, Federal Way Mayor Attest: qr erk h nie Courtney, Fed Way City Approved as to form: Da el B. Heid, Auburn City A. orney J. Ryan Call, Federal Way City Attorney INTERLOCAL AGREEMENT July 19, 2017 Page 6 of 7 Exhibit A INTERLOCAL AGREEMENT July 19, 2017 Page 7 of 7 COUNCIL MEETING DATE: September 17,2019 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE CITY OF FEDERAL WAY ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK FORCE POLICY QUESTION: Should the City enter into an amended interlocal agreement that reduces the monthly cost of the lease from $5,000.00 to $2,916.66 per month? COMMITTEE: PRHS&PSC MEETING DATE: 9/10/19 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Chris Norman DEPT.: Police Department Attachments: 1.PRHS&PSC Staff Memo 2. Amended Interlocal Agreement Options Considered: 1. Accept the amendment. 2. Reject the recommendation to accept the amendment. MAYOR'S RECOMMENDATION: Option#1 MAYOR APPROVAL: DIRECTOR APPROVAL: Co r[ee C�ouirci Fnetial ate JV [nirial/ante Initialfl]ate {��}��i COMMITTEE RECOMMENDATION: I move to forward the proposed amended interlocal agreement to the September 17, 2019 consent agenda for approval. mmittee Chair Committee NleCoinmi e Member PROPOSED COUNCIL MOTION: "I move approval of the amended interlocal agreement with an effective date of July 1, 2019 and authorize Mayor Ferrell to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) (,01 Nt ILA( I1i11':; �Fhx APPRO'1 1_f) !''J�` �.,? � COUNCIL BILL# ❑ DEN[E[) First reading ❑ TABLED/DLI-lLl RLD/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—12/2017 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 17, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amended Interlocal Agreement with City of Auburn to Reduce Costs of Leased Space for PSATT Operations. Financial Impacts: There is no financial impact to the City of Federal Way or the Federal Way Police Departments budget. The lease agreement costs are covered by Washington Auto Theft prevention Authority (WATPA) Grants. Background The Federal Way Police Department (FWPD) is the lead administrative agency of the Puget Sound Auto Theft Task Force (PSATT). The task force, 11 detectives and 2 sergeants, are housed in office space leased from the City of Auburn. PSATT is grant funded by the Washington Auto Theft Prevention Authority (WATPA). Due to a shortfall in the 2019-2021 grant funding award Federal Way asked Auburn to reduce the cost of the office space. Auburn agreed to reduce the monthly cost for rent and utilities from $5,000.00 per month to $2,916.66 per month and drafted the attached amended interlocal establishing the new rates. Staff Recommendation The rate reduction provided in the amendment reduces the cost by$50,000 over the two-year grant cycle which allows PSATT to continuing using the office space. Staff recommends the amendment is accepted and approved. 1