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AG 19-110 - PS Commercial Real Estate RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORTGTNATTNG DEPT./DTV: Police Department 2. ORIGINATING STAFF PERSON: Lynette Allen Ray Bunk EXT: 6701 3. DATE REQ.83 ':ASAP 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#):19-110 ❑ INTERLOCAL LTJ OTHER MOU Agreement -Amendment#1 5. PROJECT NAME: Twin Lakes Substation 6. NAME OF CONTRACTOR: Puget Sound Commercial Real Estate Service ADDRESS: 33919 stn Avenue STE 105,Federal Way,WA 98003 TELEPHONE 253-927-6000 E-MAIL: FAX: STGNATURENAME: Courtland B. PIXton TITLE President 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: AP44-2,904 A4 e*�1, 2 0 070 COMPLETION DATE:�21 ,� if 3[]-�o-7 f 9. TOTAL COMPENSATION S $655 monthly (INCLUDE EXPENSES AND SALES TAX,IF ANY) (I F CA LCIJ LATED ON HOU R LY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) RETiv1BUR SABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES ONO IF YFS,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGEAMOUNT: ❑RF,TATNAGEAGREEMENT(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 2 4-30-20 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEFAPPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ 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.) TNMAL/DATE S GNED ❑ LAW DEPARTMENT } ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK "2 ❑ ASSIGNED AG# AG# " —tic f7v COMMENTS: 2/2017 COUNCIL MEETING DATE: June 16,2020 ITEM#: 5f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment 1 to the MOU between Twin Lakes Plaza,LLC and The City of Federal Way POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department(FWPD) accept Amendment 1 to the Twin Lakes Plaza,LLC MOU for the FWPD Substation? COMMITTEE: PRHS&PSC MEETING DATE: June 9,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rai Bunk Commander DEPT: Police Department Attachments: 1. Staff Report 2. Amendment 1 to the MOU between Twin Lakes Plaza,LLC and the City of Federal Way Options Considered: 1. Accept the proposed MOU Amendment 1 2. Reject the proposed MOU Amendment 1 MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: $' DIRECTOR APPROVAL: cifinlindce Cowl i] '" Inrt�ul COMMITTEE RECOMMENDATION: I move to forward the proposed MOU amendment to the June 16, 2020 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed MOU amendment and authorize the Mayor to execute said agreement. (BEL OW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL BILL# DI-:N i l P 1 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/20 10 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 9, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Amendment 1 to the MOU between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: Puget Sound Commercial,representing Twin Lakes Plaza,LLC will charge the Federal Way Police Department a minimal monthly cost of$655 for the space used as a FWPD Substation. The cost of $655 is broken down as follows: Common Area Maintenance of$350,Rent of$125 and Power of $180 monthly. BackL,round Information: The President of Puget Sound Commercial,representing Twin Lakes Plaza,LLC,communicated to the Federal Way Police Department(FWPD)that they had secure space available that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence in the Twin Lakes area. Twin Lakes Plaza,LLC will provide the secure office space at a minimal cost to the City and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available,provide assistance with law enforcement issues arising at the Twin Lakes Site. The term of this MOU is from May 1, 2020 through April 30, 2021 1 CITY of CITY HALL ���� 33325 8th Avenue South � Federal Way,WA 98003-6325 (253) 835-7000 www.C?r y0 tfsdar,i i wny.Com AMENDMENT NO. 1 TO MEMORANDUM of UNDERSTANDING BETWEEN TWIN LAKES PLAZA,LLC AND THE CITY OF FEDERAL WAY,WASHINGTON This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and Twin Lakes Plaza,LLC. The City and Twin Lakes,LLC(together"Parties"),for valuable consideration and by mutual consent of the Parties, agree to amend the original MOU for use of the Twin Lakes Substation(TLS) effective May 1, 2020 as follows: 1. AMENDED TERM.The term of the MOU, as referenced by Section III of the MOU shall be amended to end on April 30,2021. ("Amended Term"). 2. AMENDED SERVICES.The Services,as described by Sections I and Il of the MOU,shall be amended to add the services described in the attached Exhibit A-1 and incorporated by reference("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation shall be amended to change the total compensation the City shall pay Twin Lakes Plaza, LLC. The rate or method of payment, as delineated in the attached Exhibit B-1 and incorporated by reference,shall be a monthly rate for its Services and shall remain locked at the negotiated rate for the one-year term. Except as otherwise provided in an attached Exhibit,Twin Lakes Plaza, LLC shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this MOU. 4. GENERAL PROVISIONS. All other terms and provisions of the MOU, together with any prior amendments,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the MOU,together with any prior amendments,after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the MOU,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section V of the MOU shall apply to and govern this Amendment.The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this MOU,which is binding on the parties of this contract. [Signature page follows] 15�1 404 0171D AMENDMENT - 1 - 3/2017 CITY 4F CITY HALL Fe d e ra l Way 33325 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cityoflederalwny.coni IN WITNESS,the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: ()L, By: Z " Jim F Mayor S hanie Courtney, CMt, City Clerk DATE: APPROVED AS TO FORM: J. Ryan Call, City Attorney LAKE , LL By: C 1 Ian Pixton Title: a Date: 3� STATE OF WASHINGTON ) - ) ss. COUNTY OF ) On this day personally appeared before me p 1 to me known to be the �r ` and al Ur of ! G S Gt L -C, that executed the foregoing iUl C �� in rum cckknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this f�day of (1 , 20^ ,�"�r►1suu11Ny�j :`��t."" •..A St !�!.,,��� Notary's signature _... _ T ._ Notary's printed name DD 124 a •moi t;�8 •- Notary Public in and for the tate f Washington. •• • 'fAFIY r '`� i► My commission expires AUBu1G • AMENDMENT -2 - 3/2017 CITY OF CITY HALL ' .. 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www.ctlyoffedoral w©y.coni EXHIBIT A-1 ADDITIONAL SERVICES Twin Lakes Plaza, LLC shall provide the following in addition to Services in previous Exhibits: Allow the installation of equipment on the roof,without penetration of the building to assist with the use of police radios. Twin Lakes Plaza will provide power to the unit and provide Common Area Maintenance(CAM). EXHIBIT B-1 ADDITIONAL COMPENSATION Total Compensation:In return for the use of property,the City shall pay Twin Lakes,LLC an additional amount not to exceed six hundred fifty-five and 00/100 dollars($655.00)per month.The total amount payable to Twin Lakes, LLC pursuant to the original MOU, all previous Amendments, and this Amendment shall be an amount not to exceed six hundred fifty-five and 00/100 dollars($655.00)per month. �p AMENDMENT - 3 - 3/2017 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): x INTERLOCAL ❑ OTHER 5. PROJECT NAME: TWIN LAKES SUBSTATION 6. NAME OF CONTRACTOR: PUGET SOUND COMMERCIAL REAL ESTATE SERVICE ADDRESS: 3391.9 9T"AVE SOUTH STE 105.FEDERAL WAY,WA 98003 TELEPHONE 253-927-6000 E-MAIL: FAX: SIGNATURE NAME: COURTLAND B FI\TON TITLE PRESIDENT 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: MAiwn 25.20€9 COMPLETION DATE: NIARCH 31,2020 9. TOTAL N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE. R I. I f=%N'L.0 INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR — ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW A C._ 2�"# 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 SIGNET] LA EPARTMENT 03NATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK (4 ❑ ASSIGNED AG# AG ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: 5n COUNCIL MEETING DATE: April 16,2019 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MOU between Twin Lakes Plaza,LLC and The City of Federal Way POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department(FWPD) enter into an Agreement with Twin Lakes Plaza,LLC for a FWPD Substation at no cost to the City? COMMITTEE: PRHS&PSC MEETING DATE: April 9,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sumter,De uty Chief of Police DEPT: Police Department Attachments: 1. Staff Memo 2. MOU between Twin Lakes Plaza,LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: Option 1 —Accept the MOU between Twin Lakes Plaza and the City of — �.-- Federal Way MAYOR APPROVAL: * •J DIRECTOR APPROVAL: 3�28�9 min�it Council �S initial . COMMITTEE RECOMMENDATION: I move to forward the MOU between Twin Lakes Plaza and the City of Federal Way to the April 16, 2019 consent agenda for approval. 14A— -:::� ommittee Chair Committee Me ber Committee Member PROPOSED COUNCIL MOTION: I move approval of the MOU between Twin Lakes Plaza and the City of Federal Way for a FWPD Substation, and authorize the Mayor to execute said agreement. F1,f i 1 t 10 BE COMPLETED BY CITY CLERKS OFFICE fUNCIL ACTIO APPROVED COUNCIL BILL# DENIED ��k�11� 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—08/12/2010 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 9, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: MOU between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: The secure office space at 3420 S. 3201h Street will house the Twin Lakes Substation for FWPD officers at no cost to the City. Background Information: The President of Puget Sound Commercial,representing Twin Lakes Plaza,LLC,communicated to the Federal Way Police Department(FWPD)that they had secure space available that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence in the Twin Lakes area. Twin Lakes Plaza, LLC will provide the secure office space at no cost to the City and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks,and when available,provide assistance with law enforcement issues arising at the Twin Lakes Site. The term of this MOU is from April 1, 2019 through March 31, 2020. 1 MEMORANDUM of UNDERSTA14DING BETWEEN TWIN LAKES PLAZA,LLC AND THE CITY of FEDERAL WAY,WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of 2019 by and between the undersigned representatives of the City of Fede al Way, a Washington Municipal Corporation ("City"), and Twin Lakes Plaza, LLC. RECITALS: WHEREAS, in January 2019 Courtland Pixton, representing Twin Lakes Plaza, LLC and Puget Sound Commercial Real Estate Service, communicated to the Federal Way Police Department (FWPD) that commercial space at the Twin Lakes Plaza, specifically 3420 S. 320`h Street,#13-2, Federal Way, WA could be used as a FWPD Twin Lakes Substation(TLS); and WHEREAS,the parties agree that providing office space for FWPD officers to use in the TLS facility would be mutually beneficial for all involved parties and enhance the police department's community presence; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration,the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: I. Twin Lakes Plaza,LLC will: a. Provide one secure office space at 3420 S. 3201h Street, 0-2 as the Twin Lakes Substation for FWPD officers at no cost to the City. This space will be located on the ground floor and will have a lockable, keyless entry. b. Provide parking space for FWPD vehicles adjacent to S. 320 Street during regular business hours; and allow parking near the B building after hours. c. Work directly with FWPD on any questions, concerns or needs that they have within the scope of this MOU. II. City, through the Federal Way Police Department,will: a. Encourage FWPD law enforcement officers to utilize the designated office at the Twin Lakes Plaza to complete administrative and other tasks as it relates to their shift work at the officer's discretion. b. Officers using TLS will park their police vehicles in regular parking spaces at Twin Laf.cs Plaza adjacent to S. 3201h Street during regular business hours, and park near the B building after hours. c. When on site, provide assistance with law enforcement issues arising at the TLS site subject to officer availability. d. Install one sign on the front window of TLS, indicating the office space is a FWPD substation. III. Term and Termination. The term of this MOU shall commence on the date written above and shall continue until March 31 st, 2020. Any party to this agreement may terminate it with 30-days written notice to the other party. Barring any written notice to terminate, this MOU will automatically renew annually. IV. Modifications in writing. All changes to this agreement will be agreed to in writing by the parties. V. Indemnification. a. Twin Lakes Plaza, LLC agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,judgments, awards, injuries, damages, liabilities, taxes, 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, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Twin Lakes Plaza, LLC's negligence. b. The City agrees to release, indemnify, defend and hold Twin Lakes Plaza, LLC, their officers, directors, shareholders,partners, employees, agents, representatives, and sub-contractors 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 connected with this MOU to the extent solely caused by the negligent acts, errors, or omissions of the City. c. Each party agrees that it will notify the other parties immediately both orally and in writing of any events, complaints or occurrences of any kind arising from the activities and/or content of this MOU, which would likely give rise to a claim or action against the other party. The provisions of this section shall survive the expiration or terminations of this MOU with respect to any event or damage or injury occurring prior to such expiration or termination. If to Twin Lakes, LLC: Attn: Courtland Pixton Puget Sound Commercial 331919 9Eh Ave. S., Suite 201 Federal Way, WA 98003 Email: pixton@pugetsoundcommercial.com If to City: Attn: Chief of Police Andy Hwang 33325 8th Ave. S. Federal Way, WA 98003 VI. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington IN WITNESS WHEREOF,Twin Lakes Plaza, LLC, and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY: ATTEST: By: Ji r -11, Mayor ph ie Courtney, C C, City Clerk DATE: &MiL APPROVED AS TO FORM: J. Ryan Call, City Attorney TWIN LAKES PLAZA, LLC: By: 91 d noon DATE: � or STATE OF WASHINGTON ) ss. COUNTY OF_Ln On this day personally appeared before me to me known to be the RVO of that executed the for4oinastrumed. 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 of PAU 206. Notary's signature: IA S T� `ti � C7�`AMEN T• ��j /rir _ v dam-0 Notary's printed name: — r � PUBLIC : 11 '�� '••••••'• ,,�` Notary Public in and for the S to pf Washington. My commission expires 10 1 IV -7-7—