AG 20-556 - LTCA, LLCRETURN 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: /+
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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