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AG 20-556 - LTCARETURN TO: EXT: CITY OF FEDERAL WA'V LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNE'17EALLEN 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: PACIFIC HIGHWAY SUBSTATION 6 NAME OF CONTRACTOR: LTCA, LLC. ADDRESS: 30854 PACIFIC "RA I I %N w S: SUITE #J FEDERAL WAY WA 98003 TELEPHONE _ E-MAIL: TCMETIER(i7NETSCAPE.NET FAX: SIGNATURE NAME: Tom C:yN-1-REI_L TITLE 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: MARCH 1, 2020 COMPLETION DATE: FEBRUARY 28. "021 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 ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL/ DATE REV 11- 1-t' E D COMMITTEE APPROVAL DATE imto INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: *III - 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIAL/ DATE SIGNED rKc ' Ig ;� COMMENTS: /+ WQ G7 44't i s no t 09 -b 6Id-�I yVet 'I* (A)g- A -rt Sroi rfi kc;.. a gl 2j(st 0014n� I yl�tox, l d k �,-,-4 (. V 0 MEMORANDUM of UNDERSTANDING BETWEEN LTCA, LLC AND THE CITY of FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this (— day of l to %&s+ 2020 by and between the undersigned representatives of the City of Federal Way, a Washington Municipal Corporation ("City"), and LTCA, LLC. RECITALS: WHEREAS, in August 2019 Lowell T. Cantrell, representing LTCA, LLC, communicated to the Federal Way Police Department (FWPD) that commercial space, specifically 30854 Pacific Hwy S, #2, Federal Way, WA could be used as a FWPD Pacific Highway Police Substation (PHPS); and WHEREAS, the parties agree that providing office space for FWPD officers to use in the PHPS 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. LTCA, LLC will: a. Provide one secure office space at 30854 Pacific Hwy S, #2 as the Pacific Highway Police 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 Pacific Highway S during regular and closed business 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 Pacific Highway Police Substation to complete administrative and other tasks as it relates to their shift work at the officer's discretion. b. Officers using PHPS will park their police vehicles in regular parking spaces at Pacific Highway Police Substation adjacent to Pacific Highway S during regular and closed business hours. c. When on site, provide assistance with law enforcement issues arising at the LTCA site subject to officer availability. d. Install one sign on the front window of LTCA, 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 February 28, 2021. 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. LTCA, 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 LTCA, LLC's negligence. b. The City agrees to release, indemnify, defend and hold LTCA, 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 LTCA, LLC: If to City: Attn: Tom Cantrell LTCA, LLC. 30854 Pacific Highway S; Suite #1 Federal Way, WA 98003 Email: tcmetier@netscape.net 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, LTCA, 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: By: J' erre , Mayor f DATE: 0 LTCA, LLC: By: owe11 T. Cantrell DATE: 08- STATE OF WASHINGTON) ) ss. COUNTY OF ATTEST: Yll�►uux� [,��� Stephanie Courtney, CM , ity Clerk APPROVED AS TO FORM: 3-12L*.-� J. Ryan Call, City Attorney On this day personally appeared before me L. a W,z l i T, C&,, +,,e i L to me known to be the C) to y� ter- of 1.-7 C 6 "C- that executed the foregoing instrument, 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 0 day of Q,,Lj.us+-- , 204b JUdY HORNER NOTARY PUBLIC TAWASHINGTONi Notary's signature: Notary's printed name: _ -)uAw %+orV.-e r" Notary Public in and for the State of Washington. My commission expires T �1�3 COUNCIL MEETING DATE: May 19, 2020 ITEM #: 51 ... ....... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MOU between LTCA, LLC and The City of Federal Way for the Pacific Highway Substation POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) enter into an Agreement with LTCA, LLC for a FWPD Pacific Highway Substation at no cost to the City? COMMITTEE: PRHS&PSC CATEGORY: N Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Raymond Bunk, Commander Attachments: 1. Staff Memo 2. MOU between LTCA, LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: Option 1 MEETING DATE: May 12, 2020 ❑ Public Hearing ❑ Other DEPT: Police Department MAYOR APPROVAL: '% cy DIRECTOR APPROVAL: Cmm� ttce nu ll %? 7 Initial COMMITTEE RECOMMENDATION: I move to forward the MOU between LTCA, LLC. and the City of Federal Way to the May 19, 2020 consent agenda for approval. j'.z _,4.4 .� < ; tti:,�, -7 X 5/1-2-1 Z� NAf:0 N 1 11 z� ZL) Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed MOU between LTCA, LLC. and the City of Federal Way for a FWPD Pacific Highway Substation, and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) IiNCIL ACTION• APPRO'%'ED� ��� �rx)lo COUNCIL BILL # DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onl)) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 12, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: MOU between LTCA, LLC and the City of Federal Way, Washington Financial Impacts: LTCA, LLC will not be charging rent for this space; however, the installation of IT equipment will cost an estimated one-time cost of $4,000. Background Information: The Owner of LTCA, LLC, identified as Lowell T. Cantrell, communicated to the Federal Way Police Department (FWPD) that he had secure space available at his business that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence on and near the Pacific Hwy S corridor. LTCA, 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 on or near the Pacific Hwy S corridor. The term of this MOU is from March 1, 2020 through February 28, 2021. 1