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AG 04-049 DATE IN: I DATE OUT: I TO: ~ \ ?-o~"\ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT.IDIY: t::.Z>IC1MUIUI¡'f Þeve:<-O~M f?JUc Sve-ç. - Br.-VG. 2. ORIGINATING STAFF PERSON: MM¿y ""*Tt: """..LTIAJ EXT: 4//2. 3. DATE REQ. BY: ~ 2..S'lo'-t (AM' 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT D SECURITY DOCUMENT (E.G. AGREEMENT & D MAINTENANCE/LABOR AGREEMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) D PUBLIC WORKS CONTRACT D CONTRACTOR SELECTION DOCUMENT D SMALL PUBLIC WORKS CONTRACT (E.G., RFB, RFP, RFQ) (LESS THAN $200,000) D CONTRACT AMENDMENT AG#: D PURCHASE AGREEMENT) D CDBG (MATERIALS, SUPPLIES, EQUIPMENT) ,.,erOTHER - I t...\"'E~~ '-oc:..A L. D REAL ESTATE DOCUMENT 5. PROJECT NAME: f'6De-..,ð.,- ""-"'1 F \ L£ ~ P A 2;T Nt e...sï I ~ T1:f t/-J-O c..4(... - LÆ:A 50 IE I No No C;; IN GA ....., lot "'" L.I.. 6. NAME OF CONTRACTOR: ¡.J I 11 ADDRESS: - TELEPHONE - SIGNATURE NAME: - TITLE - 7. ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES D ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOC~*, AUTHORIZING SIGNATURE Izþ¡ /07 ~?' !o y 8. TERM: COMMENCEMENT DATE: L-VJ V COMPLETION DATE: 9. TOTAL COMPENSATION $ 7 7/5 (,"1.). ()1J (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES D NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES D NO IF YES, $ PAID BY: D CONTRACTOR D CITY 10. CONTRACT REVIEW INITIALIDATE APPROVED INITIALIDATE APPROVED ....er PROJECT MANAGER ¡t.1~M 3 t; z../6 t..f ,ø"DIRECTOR ~ ~I õt~ ~RISK MANAGEMENT ~ ,M,S' /¡est- 3.22..-:!!1 LAW f f 11. CONTRACT SIGNATURE ROUTING ~'~t INITIAL/DATE APPROVED y:~~W DEPARTMENT .,. V~ITY MANAGER CITY CLERK ~ ~ SIGN COpy BACK If ~INATING DEPT. SSIGNED AG# D - D PURCHASING: PLEASE CHARGE TO: COMMENTSlauJ ~ ~ ~ ~\ocnJ") C'~~'.J {\ ~ o--rl~ eLf I 10/09/02 A bit otf-4-q INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND FEDERAL WAY FIRE DEPARTMENT, RELATING TO SPACE IN NEW CITY HALL THIS AGREEMENT is made and entered into this 'Â.~ tA. day of -t/\~~ , 2004. The parties ("Parties") to this Agreement are the City of Federal Way,' a State of Washington municipal corporation ("City") and the Federal Way Fire Department, a political subdivision of the State of Washington ("Department"). WHEREAS, the City owns and will operate a facility commonly known as the new City Hall; and WHEREAS, the Department has a fully functional Fire Prevention Division, staffed with trained personnel that regularly approves permits and conducts fire code safety inspections in an area that includes the City, and WHEREAS, the Department and the City believe it would be beneficial to the citizens of Federal Way if the entities formed a long-term partnership that streamlined the permit process; and WHEREAS, the Department and the City believe this partnership and public access to the permit process would be most efficiently achieved by co-locating their respective permitting functions in one facility; and WHEREAS, the Department and the City desire the Department have an area in the new city hall to provide permit services to the citizens of Federal Way; and WHEREAS, the Department agrees to pay for capital costs as set forth below in exchange for the opportunity to occupy space in the new city hall; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another government entity to perform any governmental service, activity or undertaking which either entity is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, the City and the Department agree as follows: In consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the Department as follows: 1. PREMISES. The City hereby agrees, upon the following terms and conditions, to allow the Department to occupy a portion of the City's new city hall located at I 33325 8th Avenue South, Federal Way, W A 98063, consisting of approximately 1,638 square feet, and described on the attached Exhibit A, which is incorporated by reference. Said Premises is hereinafter referred to as the "Premises." 2. TERM. The term of this Interlocal Agreement shall commence upon the effective date of this Agreement and shall continue for five (5) years and end on the ~t day Of~~, 2009. The Term of this Interlocal Agreement will automa Ically renew for another 5 years on the~\9' day of~~~~ 2009, and will end on the~ day of )~~2014, unless otherwise terminated pursuant to Section 3. 3. TERMINATION. a. Prior to the expiration ofthe Term, the Department may terminate this Agreement upon thirty (30) days written notice unless a shorter period is mutually agreed upon the by the Parties. b. Prior to the expiration of the Term, the City may terminated the Agreement upon one (I) year written notice unless a shorter period is mutually agreed upon by the Parties. 4. CAPIT AL COSTS. In consideration of the City providing space for the Department the Department agrees to pay to the City and amount not to exceed Seventy Seven Thousand Five hundred and Noll 00 Dollars ($77,500.00) in capital costs calculated on the basis of the probable costs table ("Costs':) attached hereto as Exhibit B, which is incorporated by reference. 5. PAYMENT SCHEDULE. Payment of the Costs shall be made as follows: a. Twenty-five percent (25%) of Costs is due at the execution of this Agreement. b. Seventy-five percent (75%) of Costs is due at the time of move-in to the new city hall. 6. AMORTIZATION. In the event the City terminates this Agreement pursuant to Section 3, the City agrees to reimburse the Department the entire actual capitol costs less any furnishings and/or equipment purchased by the Department for their use and not included in Exhibit B. 7. RENT. The City agrees to waive rent during the entire Term of this Agreement in exchange for the Costs as outlined in Section 4. 8. ON-GOING MAINTENANCE AND OPERA nON COSTS. The Department agrees to pay Five Dollars ($5.00) per square foot per year to cover the on-going maintenance and operation costs ("M&O Costs"). The M&O Costs include taxes, insurance, janitorial, electricity, garbage, sewer, water, maintenance and repair of 2 13. 14. Premises, landscape and parking lot maintenance, window washing, natural gas, LIDs, and assessments. M&O Costs are to be received by the City by the 15th day of December each year. The rate per square foot is subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be one and a half percent (1.5%) per year, and the maximum increase shall be three percent (3%) per year. 9. INFORMATION TECHNOLOGY (IT). The City agrees to support up to six (6) of the Department's staff on computers and phone system on the Department's private network at the Premises. IT Costs are outlined in Exhibit C, which is incorporated by reference. The ongoing IT Costs due to the City as described in Exhibit C are subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be one and a half percent (1.5%) per year, and the maximum increase shall be three percent (3%) per year. 10. FACILITY AMENITIES. The City agrees to furnish the following: a. One secured parking space located in the Public Safety fenced parking area. Actual location should be as close as practical to the North entrance to the building such that it allows quickest possible access to the vehIcle by the Fire Marshal's staff; b. One designated parking space located in the parking area adjacent to the new city hall's north entrance and marked for Fire Marshal's office use only; and c. Use of all city hall amenities by the Department's staff assigned to the Premises. 11. USE. The Department shall only use said Premises to fulfill the functions of the Fire Marshall's office and the City of Federal Way. If the Department desires to use the space for other purposes it agrees the City must provide written consent, which will not be unreasonably withheld. 12. ASSIGNMENT OR SUBLEASE. The Department shall not assign or transfer this Agreement, nor sublet the whole or any part of the Premises, nor grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement be assignable or transferable by operation of law, or by any process or proceeding of any court or otherwise. LIABILITY. The City assumes no responsibility for any property placed in the Premises, and is released from any liabilities for loss, injury or damages to person or property that are sustained by reason of the occupancy of the Premises under this Agreement. CONT ACT PERSONS. The Parties stipulate that the following persons shall be the contact person for the City and the Department, respectively: 3 15. 16. 17. City: Department: City Manager City of Federal Way P. O. Box 9718 Federal Way, W ~ 98063-9718 Fire Chief! Administrator Federal Way Fire Department 3 1617 151 Avenue S. Federal Way, W A 98003 ACTION BY CITY MANAGER AND FIRE CHIEF/ADMINISTRATOR. The Parties authorize the City Manager of the City of Federal Way and the Fire Chief/Administrator of the Federal Way Fire Department to take actions that are necessary to the implementation of and are consistent with the intent of this Agreement. FILING OF AGREEMENT. This Agreement shall be filed with the City Clerk of the City of Federal Way and recorded with the King County Auditor as required bylaw. ENTIRE AGREEMENT - AMENDMENTS. This printed Agreement together with the exhibits expressly incorporated herein by reference attached hereto shall constitute the whole agreement between the Parties. There are no terms, obligations, covenants, or conditions other than those contained herein. Except as otherwise provided herein, no modification or amendment of the Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both Parties. IN WITNESS THEREOF, the Parties have executed this Agreement. 5/'1/P,/ Date: Date: ATTEST: (L~~ ~~^,Q~ . MC, City Clerk - 4 DATED: :¿/~~/o,t/ Approved as to Form: ~ K:\interiocal\FW Fire Dept - new city haIl OA TEOcro ~) d þ -li., ,:::2():J~ Approved as to Form: ~~~~ 1> - "=>-0-\ 5 « I:: d:) i >< '-J I ~- I I -t- ~ , ~ Lj I ~~ Ii L: ~ Lr ~~ >-c., / ~ . ,// ..~ "- '" ,I !, ~@' q~N < " ~.', " "¡', oX ~ 1 '. I -~+--- -- ~ ~OOi --- ','. ,~~ "'" ~ ,-<~, /-- ,~ I ~~~ ~ ~~ I --1' I ~OO I ~I~ --- l fo 'ô Ili :::í I u Z () 0 Exhibit B - Capital Costs Probable Costs included: Finish Carpentry (Wood Base) $2,100.00 Insulation (Wall) $819.00 Caulking and Sealants $500.00 Wood Door SC 3x7 $1,340.00 Hardware $2,147.00 Metal Partition Framing $7,875.00 Painting $3,645.00 Interior Building Signs $1,500.00 Fire Extinguishers $335.00 Office Furniture (Cubicles) $11,400.00 Window Treatments (Blinds) $121.00 Security and Fire (Fire, CCTV, Alarms) $6,323.00 HVAC $4,848.00 Standard Electrical $10,123.00 Data $6,306.00 General Conditions $1,396.00 Project Related (Soft) Costs $16,576.00 Total Costs for 1648 sq ft. = $77,354.00 6 Exhibit C -Information Technology List of IT needs I. Phones, phone numbers, voice mail, primary phone network 2. Computers, printers, fax, access to primary data network 3. Major systems (Permitting, E-mail and calendar) 4. Major equipment (mail and postage, copier, large scanner, large plotters) 5. GIS systems (Access to City GIS systems, fire dept. develop layers, analysis, plotting) 6. GIS services (City develop, maintain, analysis and provide GIS service for fire dept.) Primary network for Fire staff at new city hall. The Department's staff will be on the Department's phone and data network. The Department will supply all PCs, printer, fax and software licenses. The City will provide access to Applications (Amanda), copier, scanner, GIS, and plotters. Additional Equipment Needed - due at occupancy Network switch Separate network wiring, including 6 new phone sets One attendant phone console $2,400 $1,800 $1,000 Ongoing support -'- to be remitted concurrently with M&O Costs each year The City's IT staff will support day to day needs of the Department's staff regarding basic computer needs, Amanda system support, printers, copier, plotter up to but not including specific application residing on the Department's network at a rate of$50 per staff per month. 6 staff x $50 each x 12 month = $3,600 per year GIS Services - to be remitted concurrently with M&O Costs each year The City maintains a large database of geographic information. The Department will be able to access the data directly from one GIS workstation, add layers of data specific to the Department, and have access to plotters, scanner and staff support. The City estimates the total yearly cost of these services as five percent (5%) of all hardware, software, supplies, and staff support time at approximately $2,500 per year. Additional direct project support to create new data layers, update, maintain, analyze, report and plot information for the Department will be at $40 per staff hour. The Department will purchase any additional hardware or software. Copy and duplication - to be remitted concurrently with M&O Costs each year Large format Scanning - included. Large format color or black and white copying - included. Copying - $0.05 per page Mail services - not included. 7 MEETING DATE: 03/16/04 ITEM# ~ v CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Federal Way Fire Department Interlocal Agreement- City Hall Lease CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $N/A ATTACHMENTS: Memo to FEDRAC Committee, Interlocal Agreement with Exhibits A-C SUMMARYIBACKGROUND: The proposed interlocal formalizes the agreement between the City and Federal Way Fire Department to co-locate Fire Prevention Division staff at the New City Hall Permit Center. Federal Way Fire Department Commissioners met on January 15, 2004, and voted unanimously to approve the draft interlocal with changes to sections 6 and 8. Those changes were incorporated into the interlocal, and on March 25, 2004, the FEDRAC Committee met and unanimously approved the proposed interlocal. 7 CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the interlocal as amended by the Federal Way Fire Commissioners at their January 15, 2004 meeting and authorize the City Manager to sign the agreement. PROPOSED MOTION: "I move to authorize the City Manager to sign the attached agreement." CITY MANAGER APPROVAL: ~..... (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ~PPROVED 3/1 ~;ló 1 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) ð COUNCIL BILL # 1ST d. rea mg Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: February 5, 2004 Finance, Economic Development and Regional Affairs Committee David ~anager Derek Mathes;;;;, A~sistant City Manag4.Jv- Mary Kate Martin, Building Official ft lc Ii VIA: FROM: SUBJECT: Interlocal Agreement with Federal Way Fire Department for City Hall Lease Background: With the acquisition and development of the new City Hall in the Paragon Building, the City has attempted to assemble all of the agencies associated with the Permit Process in one facility, with the intention of becoming a "One-Stop" Permit Center. This interlocal with the Federal Way Fire Department reflects the City's commitment to improving communication between the agencies as well as service to our customer base and the community by co-locating the permitting function of both agencies in the Paragon Building. Staff prepared a draft agreement that was presented to the Federal Way Fire Commissioners at their January 15, 2004 meeting. The draft agreement includes standard language identifying the location of the space, term of the Interlocal, termination of the Interlocal, costs and payment for the capital improvements to the Fire Department space, reimbursement of capital costs in the event of cancellation of the lease prior to expiration of the Interlocal, on-going maintenance and operation costs, information technology costs, facility amenities and other standard language pertaining to use of the facility and liability. During their meeting, the Fire Commissioners approved the draft with changes to both the reimbursement schedule and the cost of living increases for both on-going maintenance and operations and information technology. Staff had proposed that if the City initiated termination prior to the end of the term of the Interlocal, the Fire Department would be reimbursed the cost of capital improvements reduced by 10% per year of occupancy. For example, if the City gave notice at the end of year six to vacate the premise at the end of year seven, then the Fire Department would receive reimbursement for three years (the un-used term of the agreement) x 10% or 30% of their capital expenditures. The Commissioners felt that full reimbursement of the capital costs expended by the Fire Department was more appropriate if the City chose to terminate the agreement. The Commissioners also wanted the inflationary increases for on-going maintenance and operations and information technology costs modified to include a maximum per year clause. Staff has looked into standard industry practice regarding both these items. It appears that the proposed changes to the reimbursement schedule, while not as advantageous to the City as what ~, staff originally drafted, is mostly consistent with the spirit of standard real estate practice and does not place undue burden on the City. With regard to the maximum inflation factor for maintenance and operation and information technology costs, staff responded that a minimum increase was appropriate if a maximum was imposed. This draft of the agreement reflects both of those changes. Committee Recommendation: Forward the lnterlocal Agreement to the full Council for approval ~~: COMMITTEE REPORT: 1.8 2 VL