AG 17-169 - City of Auburn RETURN TO: Tracy Grossnickle EXT: 6736
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Police Dept
2. ORIGINATING STAFF PERSON: Tracy Grossnickle EXT: 6736
3. DATE REQ.13''Y:
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
� 6 yi),
a�
❑ OTHER CT AMENDMENT(AG#) IR INTERLOCAL
t
�uratrpA I. d era L
5. PROJECT NAME: 2021 Auburn Bldg Lease for PSATT Amendment 2
6. NAME OF CONTRACTOR: City of Auburn
ADDRESS: TELEPHONE
E-MAILm_ ... _FAX:....
SIGNATURE NAME: „TITLE,,,, � 6
7. EXHIBITS AND ATTACHMENTS:A SCOPE,WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: 6/30/2023
3 per month
9. TOTAL COMPENSATION$City pays$ ,125 (INCLUDE EXPENSES AND SALES TAX,IF ANY).e,
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH-SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES A NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES,$ � PAID BY:❑CONTRACT
OR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR +"
❑ RISK MANAGEMENT (IF APPLICABLE)
* LAW JRC 6/21/2021
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,LICENSE
S,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.)
INI➢"t.rAL/DA1 '"SIGNED
LAW DEPARTMENT ....
LkSIGNATORY(MAYOR OR DIRECTOR)
CITY CLERK w � �
0 ASSIGNED AG#
f
COMMENTS:
2/20 17
SECOND 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
naadc and entered into this 15-t day (if Z_L-�l �,j 1 2021,between the CITY OF
AUBURN, a municipal corporation of the State A Washington ( "Auburn"), and the CITY OF
FEDERAL WAY ( "Federal Way") (collectively"the Parties").
RECITALS:
WHEREAS, 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 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, on November 6'h, 2017, the Parties entered into an Agreement adopted by
Auburn City Council under Resolution 5324 for the establishment of office and vehicle parking
space.
WHEREAS, the Agreement establishing office and vehicle parking was amended by
Resolution 5443, which reduced the rent in Section 3 for the grant cycle July 1, 2019 — June 30,
2021 term and allowed for the Agreement to be signed in counterparts; and
WHEREAS, Federal Way has notified the City that the awarded grant funds for rent and
utilities for the July 1,2021 —June 30,2023 is reduced from the amounts originally agreed between
Parties in the Original Agreement; and
WHEREAS, the City of Auburn believes it to be in the best interest of the public to amend
the Agreement to reduce the rent and utilities charged in the Interlocal Agreement to match that
amount awarded to Federal Way as the Lead Administrative Agency of the PSATT for the July 1,
2021 —June 30, 2023 cycle and to retain the presence of PSATT at this location to best serve the
public needs.
..............................
Second 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
AGREEMENT:
1. Section 2 "Term"is amended as follows:
The parties agree that the term of the original Agreement began on August 1, 20t7 (the
Commencement.Date). Following execution of this Second Amendment, the term shall continue
and terminate at end of the current Washington Auto Then Prevention Authority PSATT grant
funding cycle, unless earlier terminated in writing by either party. 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.
2. Section 3 new subsection"F" added in the.First Amendment is replaced in its entirety with
the following:
F. For the grant cycle beginning July 1, 2021 and ending June 30, 2023, .Federal Way agrees to
pay a total of Three Thousand, One Hundred Twenty-Five Dollars and no cents ($3,125.00) per
month for base rent and utilities.
ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT 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
�'an c y B:adLM, Auburn Mayor una Fe �valfi .Federal Way Mayor
Attest: "t tte,at:
Shawn ("1111pbell" :NI,MC, it,y Clew' tepl ani Co rtney, Way City
Approved as to form: Approved as to form:
Kendra Comeau Auburn City ..
Attorney I an Call, Fe�1 Way( ° � Attorney
Second Amendment to Interlocal Agreement between City of Auburn and the City....
Qf Federal Way
Original Agreement for Office and Parking space under Resolution 5324 Page 2
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