HomeMy WebLinkAbout5324 (2) RESOLUTION NO. 5324
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF AUBURN
AND THE CITY OF FEDERAL WAY RELATING TO
THE LEASING OF AUBURN PROPERTY FOR JOINT
POLICE TASK-FORCE USE
WHEREAS, the City of Auburn, through the adoption of Resolution No.
5303, is a member of the Puget Sound Auto Theft Task-Force (PSATT); and
WHEREAS, the Washington State Patrol, Pierce County Sheriffs Office,
King County Prosecutor's Office, the Cities of Bonney Lake, Lakewood, Tacoma,
Tukwila, and Federal Way are also members of the PSATT; and
WHEREAS, the interlocal agreement approved by Resolution No. 5303
establishes the City of Federal Way as the lead administrative agency, responsible
for establishing accounting procedures for the PSATT; and
WHEREAS, the PSATT is in need of commercial space for the purpose of
conducting PSATT business; and
WHEREAS, the City of Auburn owns suitable space and is willing to lease
said space for PSATT use; and
WHEREAS, Revised Code of Washington Chapter 39.34 authorizes the
City of Auburn and City of Federal Way to enter into an agreement for joint action,
including the leasing of space for PSATT use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO RESOLVE as follows:
Resolution No. 5324
October 17, 2017
Page 1 of 2
Section 1. The Mayor is hereby authorized to execute an
Interlocal Agreement with the City of Federal Way for the purpose of leasing the
Auburn Game Farm Park Administrative Building to the Puget Sound Auto Theft
Taskforce, in substantial conformity with the agreement attached hereto, marked
as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 3. This Resolution shall take effect and be in force upon passage
and signatures thereon.
DATED and SIGNED this ( day of 'J , 2017.
CITY OF AUBURN
ihr ►a.
NANO BACKUS, MAYOR
ATTEST:
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Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
aniel B. Heid, City ttorney
Resolution No. 5324
October 17, 2017
Page 2 of 2
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
oo eration Act, Chapter 39.34 of the Revised Code of Washington, on the 10 wi 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
1NTERLOCAL AGREEMENT
July 19,2017
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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: City of Auburn
Attn: Josh Arndt
25 West Main St.
Auburn, WA 98001
Email: Jarndt cr auburnwa.gov
To Federal Way: 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
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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 a s 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 CITY OF FEDERAL WAY
el A AA el
Jiy Ba•k� Auburn Mayor im errell, deral Way Mayor
Attest: Attest:
/3_,a-te Z-4----1-------- , ► i 1'
Danielle Daskam, Auburn City Clerk `iti•h: ie Courtney, Fed:.al Way City
C erk
App •v-• as • •, Approved as to form:
A Ail
.4 5%ReLA_
D. 0 1 :. Heid, Auburnv'vity Attorney J. Ryan Call, Federal Way City Attorney
INTERLOCAL AGREEMENT
July 19,2017
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Exhibit A
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INTERLOCAL AGREEMENT
July 19,2017
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