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PRHSPSC PKT 12-09-2008 City of Federal Way CITY COUNCIL p ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Tuesday, December 9,2008 5:30 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT - THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF NOVEMBER 10,2008 SUMMARY 5. COMMITTEE BUSINESS C. D. Federal Way National Little League Proposal Acceptance of WTSC Grant Money to Purchase Replacement LaserlRadar Devices Community Center Pool Chemical Vendor Contract Electric Upgrade - Annex Brick House Action Action Wilson A. B. Action Action Craig Feldman Ikerd 6. PENDING ITEMS . Festivals 7. NEXT MEETING - Tuesday January 13, 2008 5:30pm - Hylebos Conference Room 8. ADJOURNMENT 2008 Committee Members: Council Member Jeanne Burbidge, Chair Council Member Jim Ferrell Council Member Michael Park Staff: Steve Ikerd, Interim Director Mary Jaenicke. Administrative Assistant II 253-835-6901 City of Federal Way City Council PARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, November 10, 2008 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell, Mike Park; Mayor Jack Dovey, Council member Linda Kochmar, Neal Beets, City Manager, Cary Roe, Assistant City Manager, Aaron Walls, Deputy City Attorney, Chief Brian Wilson, Tho Kraus, Finance Director, Steve Ikerd, Interim Director PRCS, Mary Faber PRCS Superintendent, Doug Nelson, Community Center Supervisor, Mary Jaenicke, Administrative Assistant II. Guests: Susan Honda, Bette Simpson and David Bauch, Arts Commission; Fred Kookell, Parks & Recreation Commission; Alan Bryce, Ron Wood Centerstage Theatre. Chair Burbidge called the meeting to order at 5:35p.m. PUBLIC COMMENT Roger Wood stated that Centerstage Theatre (CST) has been in existence for over 30 years. During that period of time, they have put on approximately 1,000 performances. Ten years ago when the Knutzen Family Theatre (KFT) was built, CST was one of the original ten arts groups that used the facility. Roger stated that for quite some time, they have been the only remaining arts group other than 9th Avenue Dance. When KFT was built CST contributed more money to the construction of the Theatre than all of the other arts groups combined. It was recommended by the Arts Commission in October that CST receive a $50,000 grant each year to support CST's operations at KFT. Mr. Wood stated that CST would rather work for their keep, than be supported by the City of Federal Way. CST has spent a lot of time developing their proposal to manage KFT. The goals of CST are to seek more arts groups to perform at KFT, use their professional skills to continue existing youth programs and bring in new activities, continue to support business activity in Federal Way by increasing usage ofKFT, ensure that CST will stay at KFT and not move to the PAC if it is built, and with ten years of experience as an actual user of KFT CST will do a better job with the Theatre. CST has approximately 200 volunteers that will help with the activities at KFT. Mr. Wood referred to the spread sheet that was prepared by Ms. Kraus, and he stated that it showed that CST could manage the Theatre for less than the City could. COMMISSION COMMENT Fred Kookell; Parks and Recreation Commission encouraged Council and Neal Beets to hire a new Parks Director and a Parks Planner. Susan Honda, Arts Commission stated that the Arts Commission worked very hard and recommended to Council that CST not manage the KFT. Ms. Honda feels that the Theatre is being managed very well at this time. Bette Simpson, Arts Commission also stated that the Commission spent a lot of time on reviewing the proposal from CST to manage the KFT. She feels it would not be a good mix to turn over the Theatre. She stated that the budget is very tight this year. The Arts Commission has a request for an additional $30,000 that they would like to distribute it equally to other arts groups. Alan Bryce, Centerstage Theatre, stated that CST's management proposal is stronger than the recommendation by the Arts Commission because that would cost the City another $50,000, and CST's management proposal would save the City money. They don't want to take funding away from other arts grqups. The $75,000 management fee would be to manage the KFT; it would not be for their artistic programming. APPROVAL OF SUMMARY Council Member Ferrell moved to approve the October meeting minutes as written, Council Member Burbidge seconded the motion, Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 2 BUSINESS ITEM Grant Fundin!!: for Police Department Re!!:istered Sex Offender Pro!!:ram Chief Wilson presented the background information. The City of Federal Way had the responsibility for managing the Registered Sex Offenders (RSO) that could be present in the City of Federal Way. A few years ago the legislature passed a statute that the King County Sheriffs be responsible for tracking and registering sex offenders. Money was allocated by the state to assist in this effort. That money has been directed to the Washington Association of Sheriffs and Police Chiefs to manage the program across the state. The City of Federal Way Police Department has an interest to work very diligently to identify all of the sex and kidnapping offenders in the City of Federal Way. There are over 200 offenders within the City of Federal Way. The amount of money allocated to Federal Way is $51,320.00. There will be an address and residency verification program for registered sex offenders and kidnapping offenders. A level I offender will be checked annually, a level 2 offender will be checked once every six months, and a level 3 offender will be checked once every three months. The funds will be used to reimburse for the overtime expenses incurred while verifying addresses and residency. Council member Park asked if this was just one-time funding, Chief Wilson answered yes, but he does believe that it is going to continue. Council member Ferrell moved to accept the grant funding under the specific terms and conditions set forth by King County. Council member Park seconded. Motion passed. An Ordinance Addressin!!: Amendments Relatin!!: to Criminal Law in the Federal Way City Code Mr. Walls presented the background information. The codes were reviewed, and they have found sections that had errors, unclear language and redundancies that needed to be addressed. For this Committee there are three code updates. The first code is the Criminal Law Update - they reviewed the code and made criminal penalties consistent, updated criminal law definitions and updated it to make it easier to read, and removed the redundancies. There were a few specific updates for the Criminal Code; they made it clear that no contact order violations and probation violations are criminalized; it adopts state misdemeanors and authorizes bail forfeitures. An Ordinance Addressin!!: Amendments Relatin!!: to Animal Law in the Federal Way City Code Language was clarified, redundancies were removed, correct references, coordinated the language with the County Code, and updated definitions. An Ordinance Addressin!!: Amendments Relatin!!: to Definitions in the Federal Way City Code This update simplifies definitions; corrects typographical errors, citation errors, and it has a consistent format, and eliminates redundancies. Resolution Directin!!: a Final Reorl!anization of the Federal Way City Code This Resolution authorizes the final reorganization, republishing and correcting some organizational errors that came up during this process. Council member Ferrell asked if approving the three Ordinances and one Resolution could be made in one motion. Mr. Walls answered yes. Council member Ferrell moved to approve items B, C, D, and E. Council member Park seconded. Motion passed. Centersta!!:e Theatre Manal!:ement Proposal Ms. Kraus reviewed the *revised Knutzen Family Theatre (KFT) budget (*the 2007 Christian Faith Church rental was backed out of the budget). The revenues in 2007 excluding the Christian Faith Church totaled $96,384.00. The total expenditures in 2007 were $189,348. Ms. Kraus proceeded to review the expenditures in detail. The bulk of the $189,348 is personnel costs which totaled $122,895.00. The personnel include a full-time Theatre Coordinator, a half time Theatre Tech and a 114 Administrative Assistant. Other costs include office supplies, janitorial services, and utilities. The operating loss is approximately $93,000. This does not include the indirect costs. The indirect costs include direct supervision and other supp'ort services. About 16% of Mary Faber's time is being charged to the Theatre. There are also general fund administration fees, and internal service charges. The total indirect costs are $32,714. The indirect costs and the operating loss equal a total loss of$125,678. Additionally, there are capital costs for maintaining the facility the total for that in 2007 was $14,100. The operating loss is $93,000, the indirect and capital costs total $47,000, which result in a cost to the City of$140,000. Under the proposed contract the management fee of$75,000, the indirect and capital costs of$47,000 results in a $122,000 cost for Centerstage Theatre - there is a savings of$18,000 to the City. P ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10, 2008 Summary Page 3 Council member Park asked what caused an increase in revenue in 2006 and a decrease in the personnel cost for 2006. Ms. Faber answered that the increase in revenue was due to a change in the job responsibilities of the staff person. The.5 Theatre Technician was promoted to 1.0 Theatre Coordinator. The role of the Coordinator was changed to include greater emphasis on programming to increase revenue. The .5 Theatre Technician position was left vacant and duties were covered by temporary staff, which decreased personnel costs and reduced expenditures. The position was filled in 2007 which increased personnel costs in 2007. Additionally, in 2007, a .25 Administrative Assistant position was also assigned to the budget which led to an increase in personnel costs. To date the Administrative Assistant position was charged to Dumas Bay Centre but performed administrative duties for KFT. Mayor Dovey asked if the City decided to contract with an agency would the personnel costs be eliminated. Ms. Kraus answered that the current FTE positions would be removed; however, the indirect costs of staffmg would still remam. Council member Ferrell asked Ms. Faber and the Arts Commission if the opposition to CST's management of the Theatre is that there would be a perceived lack of control in regards of who can perform at the Theatre and that those groups would not have access to the Theatre? Bette Simpson from the Arts Commission answered yes, that both KFT and the Dumas Bay Centre (DBC) interact with each other. It would be difficult to draw the line. Council member Ferrell asked if there were preconditions in the contract making sure that people that wanted access to the Theatre were given access, and that the contract could be tenninated by the City if staff was not satisfied, would the Arts Commission be satisfied with that criteria? Ms. Simpson answered that she did not think so. Ms. Honda stated that when she fIrst started on the Arts Commission CST came in and asked for additional money, in addition to what the Arts Commission had given them. It was the second time that they had come and requested additional funding. The Arts Commission discussed with them that they needed to be able to manage their budget, because the Arts Commission could not continue to subsidize CST every single year. Ms. Honda is concerned that CST has not shown that they can manage their budget, and this would be a continuing problem if they were to manage the Theatre. Mayor Dovey asked what the vote was in the Arts Commission meeting. Ms. Faber answered that the first vote was whether or not CST should manage the KFT. The vote failed 3-6 against. The second vote was whether or not City Council should provide additional funding of $50,000, and that passed 5-4. Council member Kochmar is concerned about how the operations of the KFT and DBC would be separated. We would be taking half of the building and privatizing it. She wants to be fair to the people that use the facility, and to the community. Council member Ferrell is concerned that CST may have to seek another venue due to economic reasons. Mayor Dovey stated that it is important to be fair to everyone, but if we can find an agency that can manage the KFT more efficiently for less money, and we get the same services, then it makes business sense to have somebody else manage the facility, and Council should consider that. Arts Commissioner Bauch stated that at the last Committee meeting it was discussed to reduce or waive the rental fees for CST. If the Commission did this for CST, then they would have to do it for everybody else. Rentals are coming in, but if CST is not paying their rent, then it reduces the cash flow to the City. Mr. Wood stated that CST has been attempting to solve this matter for quite a few months. There has been some staff turnover, and Mr. Wood is unsure who he should be talking to about the rental fees that they owe to the City. He indicated that there should be an internal transfer of city funding to take care of some of CST's bills. Mr. Woods also said that their outstanding balance is $10,000. Chair member Burbidge added that it is her understanding that there have also been some billing charges that are unresolved. Mr. Wood said that they do not agree with some of the technician charges. Mayor Dovey asked if they had the answer tomorrow as to how much money CST owes the City, does CST have the money in the bank to pay the owed amount? Mr. Wood answered that he is not the bookkeeper, and cannot answer the question. Mr. Wood stated that there has been conversation about other art groups having access to the Theatre. When he started in 1999 there were 10 groups that used the Theatre, and those groups have all left. 9th Avenue Dance uses the Theatre, but they don't have many activities. CST would like to have control of KFT so they can bring in more groups. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10,2008 Summary Page 4 Council member Ferrell asked if 9th Avenue Dance would be able to have access to the Theatre. Mr. Wood stated that he does not believe that 9th A venue Theatre has ever been refused the weekends that they have requested, and that CST has accommodated them numerous times. Ms. Faber explained that if a group rents a weekend, at the end of that weekend, they can request to have that same weekend the following year. This is also something that could be built into a contract, so it would not be an issue. Council member Kochmar pointed out that the Arts Commission voted against CST having management ofKFT, but they did vote to give them an additional $50,000 annual award. The Chair of the Arts Commission also suggested lowering the rental fee for all local groups using the Theatre. She stated that this is a big issue, and would like to look at lowering the fees, or giving CST the $50,000. Arts Commissioner Simpson stated that every arts groups is struggling financially, and is it fair to give money to one group, to keep them going throughout the year. Mr. Wood responded that there is a way to justify it, and that is that CST is the primary group that uses a City facility, and they pay approximately $10,000 to put on a play for three weekends. In comparison, the Federal Way Symphony will have a concert at a local Church, and it will cost them about $600.00 for a weekend show with two performances. Their costs are less, and they are not supporting the City Theatre. He doesn't understand why the Symphony would get offended if CST received some help, and they don't. Arts Commissioner Honda asked if the City of Federal Way were to give CST $50,000 a year, would CST still be eligible to receive funding from the Contract for Services. Mayor Dovey stated that the City does not have $50,000 in the budget to give anybody. Mayor Dovey stated that we do have an asset that someone can make money with to help them stay in business, it would not cost the city money, and it makes sense to do this. Council member Park asked how KFT is doing business wise for 2008. Ms. Kraus answered that the subsidy is about $130,000. Ms. Faber stated that the revenue for 2008 is going to be similar to 2007 with the exception of the Christian Faith Church rental which moved to a permanent location. Council member Park stated that it makes sense to look at having another group manage the KFT, and we should issue an RFP for managing the facility. It is a public facility, and as long as the group that is managing the facility allows other groups to use it, then it is time to consider a different direction. Council member Kochmar stated it is cleaner to give CST a grant. She is concerned about how the facility would be managed, and we would not have control. Council member Ferrell stated that the City would have to maintain some type of control. Chair Burbidge stated that a contract can be written to manage their concerns. Mayor Dovey stated that a contract can be written up for one to two years, this does not have to be forever. In order to be fair to everybody an RFP needs to be issued, so that any group can bid on it. Mr. Wood stated that CST knows the KFT inside and out, and that they could run the facility, and they have been doing this for the past ten years during their rentals. When CST started this process several months ago an RFP was never discussed. This was not one of the conditions they were working under when this whole process was started. Mr. Wood stated that if this was moved onto the full Council, CST will sit down and work out the details with the City of Federal Way, until everybody felt comfortable and everybody's needs were getting met. Council member Kochmar stated that we are Government, and Government works in a public process, and the public process normally includes an RFP. Council member Park moved to approve option #3, to Issue Request for Proposal to manage the Knutzen Family Theatre from Arts Groups or Profession Facility Managers. Forward to Full Council on November 18, 2008. Council member Ferrell seconded. Motion passed. An updated financial report will be provided to Council prior to the November 18 meeting. Council also requested that a time line for the RFP be provided. Council member Ferrell stated that it is important that the City does not lose control of the Theatre forever. Mr. Roe stated that there is always a termination clause in the contract. Council member Ferrell also requested a dispute resolution process be put in the contract. Council member Kochmar stated she would also need to know how it would work having the KFT managed by an outside group, and Dumas Bay being managed by the City. Ms. Faber stated that they would need to negotiate the PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday November 10,2008 Summary Page 5 spaces being used for administration and scheduling. Council member Kochmar stated that she is assuming that someone will be losing their job. Mr. Roe said that if the Theatre moved to a third party Management Company, then that will very likely be the outcome, there will be some reductions in full time employees. Council member Kochrnar also wanted to make sure that the City is following the wishes of the Sisters of the Visitation. Mr. Roe stated that if the City wanted to maintain some of the existing programs that would reduce the amount of full time employees that would be eliminated. Community Center Cafe Vendor Contract Ms. Faber presented the background information. Council approved approximately $111,000 for the construction of cafe space. An RFP for the concessionaire was also issued. The design has been finalized. Once we have the concessionaire, and they obtain their health permits, then we can issue an RFP for construction of the cafe space. Mr. Nelson stated that they would like to issue the RFP for construction by the end of the year. Council member Park asked about the RFP process. Mr. Nelson stated that it was issued in the newspapers, and they also contacted local vendors that would fit the criteria. The RFP was issued twice. The cafe space is 8' x 20'. Council member Park requested that the contract be reviewed in one year. Council member Ferrell moved to approve the Community Center Cafe RFP submittal for concessionaire services at the Federal Way Community Center, and to be reviewed in one year. Council member Park seconded. Motion passed. NEXT MEETING - December 9, 2008 5:30 p.rn. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 7:18 p.rn. COUNCIL MEETING DATE: January 6, 2009 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Federal Way National Little League Proposal for Fencing and Netting POLICY QUESTION: SHOULD THE CITY COUNCIL ApPROVE THE FEDERAL WAY NATIONAL LITTLE LEAGUES PROPOSAL FOR FENCING AND NETTING? COMMITTEE: PRHSPS MEETING DATE: 12/9/08 CATEGORY: [8J Consent D City Council Business STAFF REPORT By: D Ordinance D Resolution D D Public Hearing Other DEPT: Background Information: The Federal Way National Little League (FWNLL) received a Youth Sports Facility Grant from the City Of Federal Way in the amount of $75,000. The grant agreement provides for two improvement projects at the FWNLL sports complex located at 1911 SW Campus Drive, Federal Way. The first project was identified as field lighting, and the second project was not specifically identified in the agreement. The FWNLL submitted a reimbursement request in September, 2008, in the amount of $18,750.00 for Field Lighting. $57,250.00 in funding remains. The FWNLL is seeking approval on a proposal for fencing and netting. The Youth Sports Facility Grant Agreement stipulates that the proposed project and associated costs must go through the City's approval process, which includes approval from the Parks, Recreation, Human Services and Public Safety Committee, and onto the full City Council for their review and approval. Attachments: Options Considered: 1. Approve the FWNLL proposal for fencing and netting at 1911 SW Campus Drive, Federal Way, and forward to full Council on January 6, 2009 for approval. 2. Not approve the FWNLL proposal for fencing and netting, and have FWNLL return to the PRHSPS Committee with another STAFF RECOMMENDATION: CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Committee Council Council COMMITTEE RECOMMENDATION: OPTION Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposal for fencing and netting at 1911 SW Campus Drive, Federal Way, as presented" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # f\.. \ COUNCIL MEETING DATE: December 16,2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of grant monies from the Washington Traffic Safety Commission, (WTSC), to purchase two RadarlLidar, hand~held, speed-measuring devices. No replacement Reserve money is currently collected for these equipment items. POLICY QUESTION: Should the City of Federal Way I Police Department use grant money offered by the Washington Traffic Safety Commission. (WTSC), to purchase two hand-held laser-radar units for the Police Traffic Section, to replace older devices in disrepair? The grant money is expected to be $4,360.01 COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee - (PRHS&PS) MEETING DATE: December 09, 2008 CATEGORY: [gJ Consent o City Council Business o Ordinance o Resolution COMMANDER o o Public Hearing Other STAFF REPORT By: STAN DEPT: Police Department Attachments: I. PRHS&PS Staff Memo Options Considered: . 1. Purchase replacement laser/radar devices using available WTSC grant money. 2. Purchase replacement laser/radar devices using existing budgetary funds. STAFF RECOMMENDATION: Staff recommends Option I. CITYMANAGERAPPROVAL:7~ ~ Iluttee ~llcil DIRECTOR ApPROVAL: fliJ.ll"", '1)~)6'l~ Ll.l.J ./!ir\ / IJ.'S/~ Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: d[ move approval of the request by the Police Department to use available grant money to purchase two replacement laser/radar devices for the Traffic Section. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o AI'PROVED o DENIED o TABLED/OEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only; REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # b-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: December 09, 2008 Parks, Recreation, Human Services and Public Safety Council Committee N~al 1. Be~ts, City ~anager ..l l1 ~ /l1A/fdil<b Bnan 1. Wilson, Chief ofPoh~ SUBJECT: Acceptance of WTSC Grant Money to Purchase Replacement Laser/Radar Devices. Back2:round Laser-Radar devices are a proven and effective tool for speed measuring in and around school zones and in specific areas where Federal Way customers and residents report speeding vehicles. The Police Department currently owns eleven hand-held radar/lidar speed-measuring devices. Eight of these units are assigned in the Traffic Section and three are issued out to Patrol officers. Two of the eleven units are more than 10 years old and falling into disrepair. Three of the devices are more than 5 years old. The older units are no longer under warranty and occasionally require expensive repairs. We currently do not collect R&R money for these equipment items. The Washington Traffic Safety Commission (WTSC) has offered to give us funding to purchase replacement laser-radar units for the Traffic Unit. This money is credited to us by the WTSC and results directly from our school zone enforcement efforts. According to the WTSC we currently have approximately $10,000.00 dollars in available funds. Each new laser-radar device will cost $1895.00 (plus tax and shipping). We would like to secure this WTSC funding source to purchase two new replacement laser-radar devices. B-2 COUNCIL MEETING DATE: January 6,2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT POLICY QUESTION: Should the Council approve the Community Center Pool Chemical Goods and Services Agreement? COMMITTEE: PRHSPS MEETING DATE: December 9, 2008 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D o Public Hearing Other DEPT: PRCS ~!~I!~-~~2-~!~y':g~!gy~_~p.~~~,~~l!!!!l~!l:~!yg~!l:!~!_~9~~!~<:.~g?~E~~!l:~tg!: The aquatics components at the Federal Way Community Center require chemicals to disinfect and balance the water. Chemicals are administered through an automated delivery system and as attendance increases, the chemical load increases. Based on projected attendance in the Aquatic programs for 2009 and an anticipated inflation in pricing, our projected costs will reach $30,000. This is an increase of $5,000 from 2008. Orca Pacific submitted the lowest per unit quote. This quote includes delivery, technical support and parts for automated chemical delivery systems. Attachments: Staff Report, Proposed Contract Options Considered: 1. Approve the 2009 Community Center Pool Chemical Goods and Services Agreement __?:I?~~~iI1_~!~~?9g2gg!!l_!!l_1l!l:~!y_g~I1t_~!!>._~~_~g~~}!.lj~~~.Q?~~~<lI1~~t::E~!~~~~~~~!!l~~t_____ STAFF RECOMMENDATION: Staff recommends Council approval of Option 1. CITY MANAGER ApPROVAL: to Committee to Council DIRECTOR ApPROVAL: (YJWL to Committee To Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of a contract with ORCA Pacific Inc. for supply and delivery of Pool Chemicals at the Federal Way Community Center." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # (-\ ~ CITYOF ~ Federal Way PARKS, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: December 9,2008 TO: Parks, Recreation, Human Services & Police Council Committee FROM: Craig Feldman, Aquatics Coordinator VIA: Neal J. Beets, City Manager SUBJECT: Pool Chemical Quotes Quotes were submitted from three vendors. The quote provided is a per unit cost and staff anticipate amount needed based on previous year's chemical use, anticipated attendance and expected price increase for chemicals. The cost of items per unit is as follows: Orca Pacific: Liquid Chlorine - 55 gallon carboy Buffered Muriatic Acid - 15 gallon carboy Buffered Muriatic Acid - 1 gallon bottles Sodium Bicarbonate - 50 Ib bag Calcium Chloride - 50 Ib bag Dry Chlorine 100 Ib bucket Freight - Shipping $119.85 $69.05 $6.60 $19.95 $22.95 $205.57 No charge Aqua Quip: Liquid Chlorine - 50 gallon Carboy Buffered Muriatic Acid -15 gallon Carboy Buffered Muriatic Acid - 1 gallon bottles Sodium Bicarbonate - 50 Ib bag Calcium Chloride - 50 Ib bag Dry Chlorine - 25 Ib bucket Freight - Shipping $179.10 $89.99 Not available $53.10 $41 .40 $89.99 No charge Aqua Rec's Swimming Hole and Fireplace Shop: Liquid Chlorine - 53 gallon carboy Buffered Muriatic Acid - 15 gallon carboy Buffered Muriatic Acid - 1 gallon bottles Sodium Bicarbonate - 50 Ib bag Calcium Chloride - 50 Ib bag Dry Chlorine 100 Ib bucket Freight - Shipping $289.99 $105.99 Not available $47.99 $42.99 $499.00 $100.00 (-2 GOODS AND SERVICES AGREEMENT FOR COMMUNITY CENTER POOL CHEMICALS This Goods and Services Agreement ("Agreement") is dated effective this 2nd day of January, 2009. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Orca Pacific, Inc., a Washington corporation ("Contractor"). A. The City seeks to retain an independent contractor capable of working without direct supervision, in the capacity of supplying swimming pool disinfectant and water balancing chemicals, chemical feeder replacement parts, including delivery and stocking and service as needed for chemical feeders and filtration equipment. B. The Contractor has the requisite skill and experience necessary to provide such servIces. NOW, THEREFORE, the Parties agree as follows: I. Description of Goods and services. Contractor shall provide the following goods and services: Contractor shall provide the goods and services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Goods and Services"), in a manner consistent with accepted practices for other similar goods and services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction ofthe City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until December 31,2009 ("Term"). This Agreement maybe extended for additional periods of time upon the mutual written agreement ofthe City and the Contractor. 3. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or without cause, by the City. - 1 - 03 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor providing the goods and services, the City agrees to pay the Contractor an amount not to exceed Thirty Thousand and No/l 00 Dollars ($30,000.00), inclusive of Washington State sales tax. 4.2 Method ofPavrnent. Payment by the City for the goods and services will only be made after the delivery of goods or services have been performed, consistent with prices quoted in Exhibit "B", attached hereto and incorporated by references, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 5. Compliance with Laws. Contractor shall comply with and supply the goods and services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the goods and services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding ofthe Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) 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 Agreement to the extent caused - 2 - C-t1 by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) 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 Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions ofthis Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possib Ie by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any ofthe terms of Chapter 49.60 RCW, Title VII ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973 or any other applicable federal, state or local law orregulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance ofthis Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: - 3 - C-5 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage( s) if Contractor participates in a state-run workers' comp program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. Contractor's failure to maintain such insurance policies. shall be grounds for the City's immediate termination of this Agreement. The provisions ofthis Section shall survive the expiration or termination ofthis Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance ofthe Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. - 4 - &ls> 14. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all ofthe agreements ofthe Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms ofthis Agreement or either Party places the enforcement ofthis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. Failure ordelayofthe City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 15.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. - 5 - C-t 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices maybe delivered personally to the addressee ofthe notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.11 Captions. The respective captions ofthe Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 15.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 15.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 15.15 Compliance with Ethics Code. Ifa violation ofthe City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's optiOh. - 6 - C-~ DATED the day and year set forth above. ATTEST: City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson - 7 - G'\ CITY OF FEDERAL WAY By: Cary M. Roe, P. E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Ave S PO BOX 9718 Federal Way, W A 98063-9718 Orca Pacific, Inc. By: (Signature) Aaron Kimura President 280 44th Street NW Auburn, Wa. 98001 (253) 867-0303 STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of 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 day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires - 8 - (-tv ORCA PACIFIC me. CONTRACT EXHffiIT "A" January 2. 2009 Orca Pacific, Inc. and the City of Federal Way mutually agree that the following goods and services shall be provided: Swimming Pool Disinfectant and Water Balancing Chemicals shall be delivered to the Federal Way Community Center, located at 876 South 333rd , Federal Way, Washington, as ordered on an as needed basis. Delivery times shall be scheduled in advance with the Aquatics Coordinator. Orca Pacific, Inc. will guarantee the quality ofthe products and will replace at no charge any chemicals that are found to be unsatisfactory. Prices shall remain the same throughout the length of this agreement. See Exhibit "B" for price list. Orca Pacific, Inc. staff shall be responsible for the unloading of above said chemicals and their placement in the designated storage areas. Orca Pacific staff will be responsible for the removal of all empty Chlorine and Acid containers. Orca Pacific, Inc. agrees to supply all parts and services needed to maintain chemical feeding systems and to provide technical assistance as needed to repair and maintain above said systems at a price consistent with fair market value. A quote shall be issued before any work is begun and all removed parts shall be returned to the Aquatics Coordinator or his/her designee. c-\\ ORCA PACIFIC INC. CONTRACT EXHIBIT "B" JANUARY 2. 2009 Liquid Chlorine - 55 gallon carboy Acid Magic - 15 gallon carboy Acid Magic - 1 gallon bottles Bicarb - 50 Ib bag Calcium Chloride - 50 Ib bag Dry Chlorine 100 Ib bucket $119.85 $69.05 $6.60 $19.95 $22.95 $205.57 The prices listed above do not include Washington State Sales Tax. &\L COUNCIL MEETING DATE: January 6,2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ELECTRIC UPGRADE - ANNEX BRICK HOUSE POLICY QUESTION Should the City accept electrical upgrade bids and authorize the Assistant City Manager to enter into a contract with the successful bidder? COMMITTEE: PRHSPS MEETING DATE: Dec 9, 2008 CATEGORY: [8J Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other: DEPT: PRCS _~!~!':!!_~.I.'-Q~!~:X:.~!~ph~_~I.1~~~!~!~r:i~__!,g~~Qir:~~!~! History: Staff is working to upgrade the Steel Lake Annex brick building for the Historical Society to relocate to in early 2009, and this electrical improvement is the last of the four major upgrade elements the City agreed to. Bid Result: 9 companies from the Small Works Roster were invited to bid and 2 responded as follows: · Forte Electric - $20,430 + $1,838.70 tax = total contract amt $22,268.70 · Dahl Electric - $33,250 + $2,992.50 tax = total contract amt $36,242.50 This project will be funded out of the Parks Capital Project Fund account which currently has a balance of $257,787.82. Options Considered: None; as the electrical is aged and in need of repairs. STAFF RECOMMENDATION: Staffrecommends Council accept the bid from Forte Electric and authorize the Assistant City Manager to execute a contract for electrical upgrade in the amount of $22,268.70 to Committee to Council DIRECTOR ApPROVAL: ~ to Committee CITY MANAGER ApPROVAL: To Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval to accept the electrical upgrade bid from Forte Electric and authorize the Assistant City Manager to execute a contract for services in the amount of $22,268.70. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # _ 1sT reading Enactment reading ORDINANCE # RESOLUTION # D-\