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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: ika446 e-4.06ad-A ____ 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 Page 3 of 7 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 Page 4 of 7 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 Page 6 of 7 Exhibit A _ _ 7 PS G.71 s lis- ` o W F. - syn T. ) otl x n ill'. a • n ro ro; cn " it n. o t... . ib. vfellifir ii ,s . ,. ,. `. INTERLOCAL AGREEMENT July 19,2017 Page 7 of 7