PRHSPSC PKT 06-12-2012City of Federal Way
City Council
Parks, Recreation, Human Services & Public
June 12, 2012
5.30 p.m.
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/ Description
A. Approval of Minutes: May 8, 2012
B. Ameri-Corps Anti -Bullying Mural Donation
C. Washington State Department of Ecology Soil Safety Program
D. 2012 Diversity Commission Work Plan
E. Application for Ballistic Vest Partnership (BVP) Grant
F. WTSC Grant — Grant 2011/2012 Amendment #1
G. WTSC Grant — Grant 2011/2012 Amendment #1 FFY 2012
H. Centerstage Contract Amendment to Manage Knutzen Family
Theatre
Action
Presenter Page or Info
3 Action
Gerwen 5 Action
Ikerd
9
Action
Bennett
13
Action
Wilson
17
Action
Wilson
19
Action
Wilson 23 Action
Roe 27 Action
5. PENDING ITEMS
• Veterans Memorial
• Banners
• Festivals
• Concept of Housing in South King County
• Festival Days
6. NEXT MEETING: Tuesday, July 9, 2012 5:30pm - Hylebos Conference Room
7. ADJOURNMENT
Council
Date
N/A
Consent
6/19/12
City Council
Business
6/19/12
Consent
6/19/12
Consent
6/19/12
Consent
6/19/12
Consent
6/19/12
City Council
Business
6/19/12
Committee Members City Staff
Susan Honda, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Roger Freeman MaryJaenicke, Administnabve Assistant 11
Linda Kochmar
K:\PRHSPS Committee\2012\061212 prhsps ag.doc
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday, May 8, 2012
5:30 p.m.
SUMMARY
Committee Members in Attendance: Committee Chair Susan Honda, Committee member Roger Freeman, and
Committee member Linda Kochmar.
Council Members in Attendance: Council member Jeanne Burbidge.
Staff Members in Attendance: Ken Miller, Deputy Director, Public Works, Amy Jo Pearsall, City Attorney, Steve
Ikerd, Parks & Facilities Manager, Jason Gerwen, Parks & Facilities Supervisor, Craig Feldman, Aquatics
Coordinator, Leah Fraine, Arts & Special Events Coordinator, and Mary Jaenicke, Administrative Assistant 11.
Guest: Cat Mason, Arts Commission, Lina Rose, Earth Corps
Chair Honda called the meeting to order at 5:32p.m.
Public Comment: Peggy LaPorte from FUSION stated that she and the Board of FUSION wanted to thank the
PRHSPS Committee for all of their support. She stated that they have been able to house many families. FUSION is
growing, and they are anticipating purchasing two more housing units. They will be starting an endowment to
sustain the organization in the future, and may possibly be opening a boutique in Federal Way.
Commission Comment: Arts Commissioner Cat Mason will provide commission comment when the Arts
Commission work plan will be presented.
Committee member Kochmar moved to amend the agenda; item B will be moved to the end of the agenda. Chair
Honda seconded. Motion passed.
Committee member Freeman arrived.
APPROVAL OF SUMMARY
Committee member Kochmar moved to approve the April meeting summary. Committee member Freeman
seconded. Motion passed.
BUSINESS ITEMS
Use of Capital Reserves to Replace a Chemical Controller
Mr. Feldman provided the background information. The Community Center has 3 chemical controllers that deliver
chemicals to the pools and spa. One of the controllers has failed, and it is the controller that is attached to the spa. In
order to keep the spa open, a large amount of manpower, time and resources are spent maintaining the proper
chemicals in the spa. The water in the spa needs to be tested every one-half to an hour. The chemical controller
does this every 15 seconds and makes the necessary adjustments. The life span of this unit is 5 years, and they have
gone beyond those 5 years. Committee member Kochmar moved to forward the approval to authorize
spending $4,300.00 from the Community Center Capital Reserves to replace a chemical Controller to the full
Council May 15, 2012 consent agenda for approval.
Committee member Kochmar was excused from the meeting.
Sacaiawea Soccer Field Renovation
Mr. Ikerd provided the background information. Sacajawea was one of the first synthetic fields installed. It was
installed 12 years ago, and has reached its useful life. The field is worn out, starting to hold water, and is not
draining like it used to. The cement border will be taken out and a 2 foot wide cement gutter system with drains will
be installed Committee Chair asked if the School District would be paying for part of the project. Mr. Ikerd
answered that they have asked the School District, but have not gotten a response. The CIP funds being used have
been designated for the Sacajawea Soccer Field. They hope to start the project in June, and have it completed by
July 31. Committee member Freeman and Council member Burbidge would like Lakota Park to be next on the list
for field renovations. Mr. Ikerd stated that it is a much larger project to convert a dirt field to a synthetic turf field,
and it will cost more and take more time to put together funding for that project. Committee member Freeman
moved to authorize the Mayor to approve a PO with KCDA, to approve a contract with FieldTurf to replace
the synthetic turf and improve drainage on the Sacajawea soccer field, for a total not to exceed $640,379.00.
Committee Chair Honda seconded. Motion passed.
KCIPRHSPS Conunittee12012U150812 min_doc 3
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday May 8, 2012 Summary
Page 2
Arts Commission 2012 Work Plan Amendment
Ms. Frain presented the background information. The Arts Commission would like to amend their Work Pian and
hire Tracy Lee Shun, an interactive 3D street painter to create an artwork during the Sand Sculpture event. It will
take her 3 days to develop the artwork. The cost for her to do this is $9,500.00, and the Arts Commission would
seek grants and sponsorships to raise the money. The artwork would be done on the asphalt. Discussion was held
regarding if there was a way to permanently keep the sculpture. Chair Honda asked if the sculpture could be done
outside of the sand sculpting event, so people did not have to pay the admission price. Commissioner Mason
answered that she reached out to the Sand Sculpting organizers, and that they were interested in adding value to their
event. Numerous questions were raised. Once Council has approved the Work Plan, then the Arts Commission can
start working on the project. Committee member Freeman moved to forward the proposed amendment to the
Arts Commission 2012 Work Plan to the full Council on May 15, 2012 Consent Agenda for approval. Chair
Honda seconded. Motion passed.
Earth Corps Presentation
Jason Gerwen introduced Lina Rose from Earth Corps. City Council allocated $20,000.00 to Earth Corps to rehab
the open spaces, natural areas and forests in the City. Ms. Rose presented a slide show. The slideshow was an
overview of past, present and future projects that have occurred or will occur in the City. Some of those projects
included planting in the West Hylebos and Scottsbroom removal from behind the cabins, and the removal of English
Ivy at Poverty Bay. They have received over $45,000 in grants; one of them is a grant for restoration at Dumas Bay
Park. The three goals are 1) Stewardship and Education, 2) Recreation and Health, 3) Economic Benefits. Mr.
Gerwen added that he values their partnership, and they have been very invaluable to the City.
PENDING ITEMS
Discussion was held regarding the subjects listed under pending items.
NEXT MEETING
June 12, 2012
ADJOURNMENT
Meeting adjourned at 6:29p.m.
1CIPRMPS Committee12012\050812 min doc
COUNCIL MEETING DATE: June 19, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMER[-CORPS ANIT-BULLYING MURAL DONATION
POLICY QUESTION: Should the City accept an Anti -bullying Mural Donation from Ameri-Corps and authorize
the Mayor to accept it?
COMMITTEE: PRHSPS MEETING DATE: June 12, 2012
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jason Gerwen, Parks & Facilities Supervisor DEPT: PRCS
Attachments: Donation of Ameri-Corps Anti -bullying Mural Memo
Mural Rendering
Summary: Ameri-Corps will coordinate the students and associated supplies for an Anti -bullying mural to be
donated to the City for display. The City will provide a sheet of exterior plywood for the mural to be painted on,
mount it at Celebration Park and manage the mural for up to 5 years if it remains in good condition
Options Considered:
1. Authorize acceptance of a donated Anti -bullying mural and authorize the Mayor to accept it.
2. Do not authorize acceptance of a donated Anti -bullying mural and provide direction to staff.
MAYOR'S RECOMMENDATION: Option #1: Authorize acceptance of donated Anti -bullying mural and authorize
the Mayor to accept it.
MAYOR APPROVAL: DIRECTOR APPROVAL:
Committee Council Committee Coumil
COMMITTEE RECOMMENDATION: I move to forward the authorization of the acceptance of a donated Anti -
bullying mural and authorize the Mayor to forward it to the full Council on June 19, 2012 consent agenda for
approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: `'I move approval of authorizing the acceptance of a donated Anti -bullying
mural and authorize the Mayor to accept it. "
5
(BELOW TO BE COMPLETED BYCITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
IST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED —08/1212010
RESOLUTION #
5
CITY OF
:.. Federal Way
Parks and Facilities Division
Date: June 12, 2012
To: PRHSPS Council Committee
From: Jason Gerwen, Parks & Facilities Supervisor
Stephen ikerd, Parks & Facilities Manager
Via: Mayor Skip Priest
Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. Owl-,
Subject: Donation of Ameri-Corps Anti -bullying Mural
Background: Overview of the project:
Ameri-Corps is working with an afterschool program at Mark Twain Elementary to
create a mural addressing the issue of bullying. The students feel that bullying is the most
pressing issue they face in their community. Staff was recently approached by Ameri-
Corps members requesting to have the completed mural mounted at Celebration Park.
The mural would be hung on the building next to the playground. Staff supports this
location.
How long will the mural last:
It is Ameri-Corps intention that the mural would last/be displayed for a minimum 5 years.
They are taking steps to use paints (exterior house paint) and a protective coating to
minimize weathering problems
What are Ameri-Corps expectations?
Ameri-Corps expectation is that the mural will serve as a reminder of the pain caused by
bullying. The slogan reads "it only takes one to change the world" the goal is that people
might see these words and make a choice to consider the consequences of their actions.
As well as manage the installation of the mural. Ameri-Corps is requesting that the parks
department will donate a sheet of plywood, will transport the plywood to Mark Twain
where the painting will take place, transport the mural to its final destination and mount
the mural.
Ameri-Corps will provide all other necessary materials through generous donations by
community partners.
If vandalized or damaged it would be at the discretion of the City of Federal Way Parks
Department to decide whether to remove or repair the mural.
Who would own it?
Ameri-Corps would like to donate the mural to the City of Federal Way with the
understanding that full ownership of the piece is transferred to the City of Federal Way
and the Parks Department. The City of Federal Way Parks department would own the
mural. If intact after five years the Parks Department can choose to leave the mural
hanging, remove it, or consider offering it back to Mark Twain for their use.
8
COUNCH. MEETING DATE: June 19, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON STATE DEPARTMENT OF ECOLOGY - SOIL SAFETY PROGRAM
POLICY QUESTION: Should the City authorize soil safety work to be managed by the WA State Department of
Ecology in 3 City Parks? ( Adelaide, Heritage Woods and Lake Grove Parks)
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: June 12, 2011
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd — Parks & Facilities Mana&er DEPT: PROS
Attachments: May 30t° Soil Safety memo, Work plan & sample DOE signage.
Options Considered:-
1.
onsidered:1. Authorize soil safety work to be managed by the WA State Department of Ecology in 3 City Parks.
(Adelaide, Heritage Woods and Lake Grove Parks)
2. Do not authorize soil safety work in 3 City Parks (Adelaide, Heritage Woods and Lake Grove Parks) and
give staff direction.
MAYOR'S RECOMMENDATION: Option #1: Authorize soil safety work to be managed by the WA State
Department of Ecology in 3 City Parks. (Adelaide, Heritage Woods and Lake Grove Parks)
MAYOR APPROVAL: dDIRECTOR APPROVAL: 14MCoMni Council Committee council
COMMITTEE RECOMMENDATION: 1 move to forward the authorization of soil safety work to be managed by the
WA State Department of Ecology in 3 City Parks, (Adelaide, Heritage Woods and Lake Grove Parks) and
authorize the Mayor to forward to the full City Council June 10,2012 business agenda for approval
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of authorizing soil safety work to be managed by the WA
State Department of Ecology in 3 City Parks. (Adelaide, Heritage Woods and Lake Grove Parks)
(BELOW TO BE COMPLETED 8 Y CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IT reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/1212010 RESOLUTION #
DRAFT
`
CITY OF
Federal Way
Parks and Facilities Division
Date: May 30, 2012
To: PRHSPS Council Committee
From: Stephen Ikerd, Parks & Facilities Manager
Vi a: Mayor Skip Priest
Cary M. Roe, P. E., Director of Parks, Public Works & Emergency Mgmt.14*1%
Subject: Washington State Department of Ecology Soil Safety Program
The WA State Department of Ecology (DOE) informed the Parks Department that as part
of a settlement with ASARCO, soil testing for arsenic and lead would be performed
throughout the region where possible fallout from the copper smelter occurred. As part of
their work plan, DOE tested Parks with playgrounds within the City of Federal Way and
found 3 Parks that had isolated spots that were higher than the low range of industry
standards. Adelaide and Heritage Woods Parks test results were low enough and
isolated from active use areas, not to trigger a need for soil removal. DOE recommends
Public Notice signs only, posted at these two parks, reminding users to wash their hands
and take other precautionary measures.
Lake Grove Park however, had several higher readings in a wooded area near SW
308th and DOE recommends removing and replacing soil in this area. This mitigation
work will also include planting some native plants and seeding the area with grass to cap
the affected area.
It should be noted that ASARCO fallout ended in 1986 and since 1991 all the play
surfaces in and around the playgrounds have been replaced with new materials that
should further reduce any exposure in these active areas. Example: Parks Dept.
replaced all pea gravel materials under the play structures for wood play chips or poured
in placed rubber.
The WA State Department of Ecology will take the lead to inform and mitigate these
areas with the Park Departments full support. Part of the information program will include
presentations to Parks Commission, PRHSPS Committee and City Council. DOE will
also hold 3 neighborhood meetings for those interested living around Adelaide, Heritage
Woods and Lake Grove Parks. In addition they have already released public information
announcements around the region.
See attachments:
• Work plan and schedule
• Sample signage
10
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11
Dirt Aiert!
For nearly 100 years the ASARCO copper -smelter
in north Tacoma released arsenic and lead, which
are now found in our soils. Arsenic and lead are
harmful to your health and children under age six
are at greatest risk.
Please continue to enjoy this park! These Healthy
Actions will reduce your contact with soil:
• Wash hands and toys with soap and
water after playing in the dirt.
• Wash hands before eating or putting
anything in your mouth.
e When you get home, take your shoes
off or use a doormat.
e Wipe off your pet's dirty paws, too.
. Wash blackberries or other fruit from
this *park before eating it.
For more information. 253-798-6492
tpchdorgldirtaiert
�* Tacoma I Pierce County DEPARTMENT OF
Health DepartmentE C O L O G Y
Healthier. Safer_ Smarter. State of Washington
12
COUNCIL MEETING DATE: June 12, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2012 DIVERSITY COMMISSION WORK PLAN
POLICY QUESTION: Should the City of Federal Way approve the 2012 Diversity Commission Work Plan?
COMMITTEE: PRHSPS Committee MEETING DATE: June t2,2012
CATEGORY:
0 Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Jay Bennett, Community Services Manager _ _ DEPT: CED
Attachments:
2012 Diversity Commission Work Plan
Options Considered:
1. Approve the 2012 Diversity Commission Work Plan
2. Do not approve the 2012 Diversity Commission Work Plan and provide direction to Staff.
MAYOR'S RECOMMENDATION: Mayor recommends approval of Option 1.
MAYOR APPROVAL: //�% DIRECTOR APPROVAL: G6Al
m
Com ee Council m�ttee Council
COMMITTEE RECOMMENDATION: I move to forward the 2012 Diversity Commission Work Plan to the June 19,
2012 consent agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed 2012 Diversity Commission Work Plan as
presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ NIOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 08/12/2010 RESOLUTION #
13
City of Federal Way
Diversity Commission
2012 Work Plan
Purpose: Advises the City Council and Mayor on policy matters involving the community's
cultural and ethnic differences, ensuring that these differences are considered in the decision-
making process.
Mission: To help Federal Way become a community that is united amidst diversity, where
each individual is respected, equally valued, equally needed, and equally cherished. Equality is
not sameness; it is equivalent value.
Brand Promise: The Diversity Commission is dedicated to helping Federal Way become a
city where all people have a feeling of belonging and shared community, where there is equal
access to information and resources for all, and where there are equal opportunities for all.
1. Ensure that the Diversity Commission will remain visible and relevant to all members
of the community through its participation and/or support of events and activities that
promote the mission and purpose of the commission.
This may include:
• Martin Luther King Jr. Food Drive (January).
• Federal Way Elementary School Book Drive, which includes the purchase of
multi -cultural books that would be read to students by local leaders and volunteers
(March).
• Partnering with Communities In Schools of Federal Way's Multi -Cultural Night
at Mirror Lake Elementary and Sacajawea Middle School (May).
• Participating in the Flavors of the World Cultural Fair at the Federal Way
Regional Library (August).
• Creation and implementation of a Diversity Summit event to be held in Federal
Way (October).
• Creation and implementation of a Senior Forum event to be held at the Federal
Way Senior Center (November).
2. Make recommendations, whenever necessary, to the City Council and the Mayor to
ensure differences are considered in the decision-making process. By working closely
with the City government, the Diversity Commission can continue to promote and
support the City's Diversity programs.
• The Commission agrees to stay abreast of the key issues that pertain to City
government and the citizens of Federal Way with the intent to ensure that all
14
Diversity Commission
2012 Work Plan
Page 2
diverse voices, opinions and perspectives will be heard through advocacy and
recommendations made to the City Council and Mayor.
3. Conduct outreach and public education efforts within the Federal Way community.
Inform the public, through various means, on the Diversity Commission's mission,
purpose, and activities in Federal Way.
Potential Opportunities
• Events and activities will provide a platform for Commissioners to listen and get
feedback from the residents of Federal Way.
• Examples: Senior Forum, Communities In Schools' Multi -Cultural nights, and
the Diversity Summit will provide an excellent opportunity to receive valuable
feedback on a variety of issues and concerns that would benefit other
Commissions and areas of City government.
Other communication vehicles that might be explored include:
• Produce written articles for local newspapers that highlight events and
activities supported by the Diversity Commission throughout the year.
• Conduct community presentations as needed to promote and educate the
Federal Way community.
4. Develop partnerships to promote awareness and collaboration around diversity issues.
Create synergy with various communities leading to strong relationships and identification of
those communities' leaders.
Potential Opportunities
• Reaching out to local area (FWPS) high schools to create partnerships that collaborate
on diversity -related projects, as well as, build stronger brand awareness of the
Commission and its community objectives and activities.
• Explore other partnerships, funding sources, and opportunities for the Diversity
Commission in order to promote the Commission's purpose and mission.
Explore efforts to increase collaborating and promoting joint efforts with other city
commissions and community partnerships that promote the mission and purpose of
the Diversity Commission.
15
16
COUNCIL MEETING DATE: June 19, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Application for Ballistic Vest Partnership (BVP) Grant.
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department apply for the 2012
Ballistic Vest Partnership (BVP) Grant; and, if awarded, accept the Grant with matching city funds?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 12, 2011
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: KRISTEN GREGORY, QUARTERMASTER DEPT: Police Department
Attachments:
1. PRHS&PS Memo
Options Considered:
1. Approve the Federal Way Police Department application for the 2012 BVP Grant, and acceptance of the
Grant if awarded.
2. Deny Application
MAYOR'S RECOMMENDATION:
MAYOR'S APPROVAL:
Council
DIRECTOR APPROVAL: �''r1,11R/1G., �,1 J` • till- S1 *A)12
Committee Council
COMMITTEE RECOMMENDATION: I MOVE TO FORWARD THE 2012 BVP GRANT APPLICATION AND ACCEPTANCE
TO THE JUNE 19, 2012 CITY COUNCIL AGENDA FOR APPROVAL.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the 2012 Ballistic Vest Partnership (B VP) Grant
application, and authorize Police Chief Brian Wilson to sign such Agreement if awarded.. "
(BELOW TO BE COMPLETED BYCITY CLERKS OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL#
❑ DENIED Isr reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -02106/2006 RESOLUTION #
17
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 12, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Brian J. Wilson, Police Chief
FROM: e3 to han Neal, Administrative Commander
SUBJECT: 2012 Ballistic Vest Partnership (BVP) Grant.
The total number of Ballistic vests that will need to be replaced by the Federal Way Police
Department between May 2012 and the end of 2013 equals sixty-two (62).
The BVP (Ballistic Vest Partnership) grant application period is open May 16 — June 27, 2012. If
the city is awarded the additional funding needed to purchase the vests, it would be in the amount of
$13,654 funded by the BVP Grant and in the amount of $13,654 funded by the Federal Way Police
Department. "Matching" funds from previous 'BVP Grants have been taken from the police
department fuel saving, salary savings, or uniform budget. We are proposing that the matching funds
for the 2012 BVP Grant be taken from the police uniform budget. We are seeking approval to apply
for the 2012 BVP grant no later than June 26, 2012.
The results of the grant award will become available in the 3rd quarter of 2012, at which time we
would like to have already obtained council approval to match the funds and accept the Grant.
COUNCIL MEETING DATE: June 19, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Washington Traffic Safety Commission (WTSC) Grant 2011[2012 Amendment #1
POLICY QUESTION: Should the City of Federal Way /Police Department accept an Amendment (Amendment
#1) to an existing Memorandum of Understanding (MOO with WTSC for additional funds up to $6,150.00 in
overtime monies for the Police Department to conduct emphasis patrols for impaired driving (Target Zero DUI)
enforcement from October 01, 2011 through September 30, 2012?.
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 12, 2012
Council Committee - (PRHS&PS)
CATEGORY:
N Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JAMES NELSON, LIEUTENANT DEPT: Police Department
Attachments:
1. PRHS&PS Memo
2. Amendment #1 to WTSC Target Zero MOU
Options Considered:
1. Accept the grant
2. Reject the grant
MAYOR'S RECOMMENDATION:
CITY MANAGER APPROVAL • DIRECTOR APPROVAL: -6 U%W `15�•t,�.�i, is ", /
Co Council Committee Council
COMMITTEE RECOMMENDATION: I_move to forward the proposed acceptance of Amendment #1 to the WTSC
Grant for Target Zero DUI enforcement to the June 19, 2012 City Council Agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to accept Amendment #1 to the WTSC Grant for Target Zero DUI
Enforcement and authorize the Chief of Police to sign such agreement. "
(BELOW TO BE COMPLETED BY CITYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BELL #
❑ DENIED
IsT reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED -02/06/2006
RESOLUTION #
19
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 12, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols.
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DUI enforcement. WTSC funding has allowed Federal Way Police to
strengthen DUI enforcement through overtime funded DUI patrols. WTSC funding has provided
overtime patrols which have netted more than 30 DUI arrests within Federal Way in 2011 alone.
Proposal
That the City Of Federal Way accept two amendments to our on-going Memorandum of
Understanding (MOU) for a term: October 01, 2011 through September 30, 2012. These
amendments will provide the City of Federal Way Police Department an additional $6,150.00 in
funding to continue Target Zero Teams DUI patrols and an additional $1,274.46 to fund bar
checks (with Liquor Control Board agents) in Federal Way.
Funding Source
Washington Traffic Safety Commission (WTSC).
20
I
AMENDMENT #1 TO
Memorandum of Understanding
BETWEEN
Federal Way Police Department
and
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AMENDMENT #1 is made and entered into by and between
the Federal Way Police Department and the WASHINGTON TRAFFIC
SAFETY COMMISSION (WTSC).
Original Term: October 1, 2011 to June 30, 2012
IT IS THE PURPOSE OF THIS AMENDMENT #1 to increase
the amount of funding available and extend the term for enforcement
for the project titled: Target Zero Teams, North and South King
County Target Zero Task Forces.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
Term: This Amendment extends the enforcement term by 3 months
and is valid from October 1, 2011 through September 30, 2012.
CFDA #: The CFDA number for additional funds included in this
Amendment is 20.600 - DTNH-22-09-R-00117.
S.Grant Amount: This Amendment increases by 6150 the amount
available to the Federal Way Police Department for Target Zero
Teams enforcement. Thus the total amount of funding available to
Federal Way Police Department will be $16,987.50.
10. Deadline for Claims: This Amendment adds a second deadline
that all claims for reimbursement for emphases conducted between
July 1 and September 30 must be received by WTSC no later than
November 15, 2012.
Page 1 of 2
21
This Amendment #1 will not be binding unless and until it is signed by
persons authorized to bind each of the parties.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT:
(Federal Way Police Department) (Washington Traffic Safety
Commission)
(Date)
(Date)
22
Page 2 of 2
COUNCIL MEETING DATE: June 19, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Washington Traffic Safety Commission (WTSC) Grant 2011/2012 Amendment #1 FFY 2012
POLICY QUESTION: Should the City of Federal Way /Police Department accept an Amendment (Amendment
#1 to FFY 2012) to an existing Memorandum of Understanding (MOCI) with WTSC for additional funds up to
$1,274.46 in overtime monies for the Police Department to conduct bar checks with Liquor Control Board
Officers (Target Zero DUI) from October 01, 2011 through June 30, 2012?.
COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: June 12, 2012
Council Committee - (PRHS&PS)
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: JAMES NELSON, LIEUTENANT DEPT: Police Department
Attachments:
1. PRHS&PS Memo
2. Amendment #1 to FFY 2012 WTSC Target Zero MOU
Options Considered:
1. Accept the grant
2. Reject the grant
MAYOR'S RECOMMENDATION:
CITY MANAGER APPROVAL: -yL/DIRECTOR APPROVAL:'gl. if n t)AN �J. (, ✓t . hJl%
Comn4ke coumil, Committee council
COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of Amendment #1 to the WTSC
MOUfor bar checks, with the Liquor control board, to the June 19, 2012 City Council Agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move to accept Amendment #1 to the WTSC Grant for Bar Checks with the
Liquor Control Board and authorize the Chief of Police to sign such agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
In reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 02/06/2006
RESOLUTION #
23
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 12, 2012
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols.
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DUI enforcement. WTSC funding has allowed Federal Way Police to
strengthen DUI enforcement through overtime funded DUI patrols. WTSC funding has provided
overtime patrols which have netted more than 30 DUI arrests within Federal Way in 2011 alone.
Proposal
That the City Of Federal Way accept two amendments to our on-going Memorandum of
Understanding (MOU) for a term: October 01, 2011 through September 30, 2012. These
amendments will provide the City of Federal Way Police Department an additional $6,150.00 in
funding to continue Target Zero Teams DUI patrols and an additional $1,274.46 to fund bar
checks (with Liquor Control Board agents) in Federal Way.
funding Source
Washington Traffic Safety Commission (WTSC).
24
AMENDMENT #1 TO FFY 2012
Memorandum of Understanding
between
Washington Traffic Safety Commission
and
FEDERAL WAY POLICE DEPARTMENT
THIS AMENDMENT #1 is made and entered into by and between the FEDERAL
WAY POLICE DEPARTMENT and the WASHINGTON TRAFFIC SAFETY
COMMISSION.
It is the purpose of this amendment to increase the amount of funding available
for the project titled: "Target Zero Teams — Home Safe Bar Program."
IT IS, THEREFORE, MUTUALLY AGREED THAT:
This Amendment increases by $1274.46 the amount available to the FEDERAL
WAY POLICE DEPARTMENT to participate in the Target Zero Teams Home
Safe Bar project for officer overtime wages who visited restaurants/bars with the
Liquor Control Board agent.
This agreement does not affect any other conditions of the original agreement or
the first amendment.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS
AGREEMENT:
FEDERAL WAY PD Washington Traffic Safety
Commission
Date
25
Date
26
COUNCIL MEETING DATE: June 19, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CENTERSTAGE THEATER CONTRACT AMENDMENT TO MANAGE KNUTZEN FAMILY THEATRE
POLICY QUESTION: Should the City Council approve the proposed contract amendment with Centerstage
Theater to manage the Knutzen Family Theatre?
COMMITTEE: PRHSPS MEETING DATE: June 12, 2012
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Cary M. Roe, P.E., Director DEPT: Parks & Public Works
Attachments: Proposed Contract Amendment with Centerstage Theater to manage Knutzen Family Theatre
Background: On July 13, 2009 the City entered into a contract with Centerstage Theater to manage the Knutzen
Family Theatre for a period of three years. The term of the contract expires June 30, 2012 and both parties are
interested in extending the contract for an additional three years, commencing on July 1, 2012 through June 30,
2015. In addition to the term extension, Centerstage Theater and the City have agreed to minor changes or
clarifications to exhibit "A" and "B" of the original contract. Staff will be present at the PRHSPS Committee
meeting and Full City Council meeting to highlight the minor changes or clarifications in Exhibit "A" and "B"
Options Considered:
Option 1: Approve the proposed contract amendment with Centerstage Theater to manage Knutzen Family
Theatre, and forward to the June 19, 2012 City Council Business agenda for approval.
Option 2: Do not approve the proposed contract amendment with Centerstage Theater to manage Knutzen
FamilTheatre and provide direction to staff - -- -- _-------------._._._....-----....---_-------------_-__.-_-
MAYOR'S RECOMMENDATION: Option 1: Approve the proposed contract amendment with Centerstage Theater
to manage Knutzen Family Theatre, and forward to the June 19, 2012 City Council Business agenda for approval.
MAYOR APPROVAL: � DIRECTOR APPROVAL: e/
Coif= Council Cmnvnitte Council
COMMITTEE RECOMMENDATION: I move to forward to approve the contract amendment with Centerstage to
manage Knutzen Family Theatre to the June 19, 2012 City Council Business agenda for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed contract amendment with Centerstage
Theater to manage Knutzen Family Theatre ".
(BELOW TO BE COMPLETED BYC/TYCLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED Isr reading
❑ TABLED/DEFERRED/N0 ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -08/12/2010 27 RESOLUTION#
CITY OF CITY HALL
„ 333258th Avenue South
An' Federal Way
Federal Way, WA 98003-6325
(253) 835-7000
www cilynffgd erah*W.. aom
AMENDMENT NO.1
TO
THEATRE MANAGEMENT AND OPERATIONS AGREEMENT
FOR
KNUTZEN FAMILTY THEATRE
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Centerstage Theater, a nonprofit 501 (c)(3) organization ("Manager"). The City and
Contractor (together "Parties"), for valuable consideration and by mutual consent of the parties, agree to amend the
original Agreement for Theatre Management and Operations at the Knutzen Family Theatre ("Agreement") dated
effective July 14, 2009, as follows:
1. AMENDED TERM. The tern of the Agreement, as referenced by Section i of the Agreement and any prior
amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no
later than June 30, 2015 ("Amended Term").
2. AMENDED SERVICES. The Services, as described in Exhibit "A" and as referenced by Section 2 of the
Agreement, shall be replaced by those services more specifically described in Exhibit "A-1" attached hereto and
incorporated by this reference ("Amended Services"). The Amended Services are in addition to the terms and
conditions outlined in Section 2 of the original Agreement.
3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the
Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or
method of payment, as delineated in Exhibit "B -l", attached hereto and incorporated by this reference. The
Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked
at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor
shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the
performance and payment of this Agreement.
4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 1 i of the Agreement shall apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signature page follows]
28
AMENDMENT - 1 - 1/2010
CITY OF
1�... Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www a1yorfaderaftay com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
By:
Skip Priest, Mayor
DATE:
CENTERSTAGE
By:
Printed Name:
Title:
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
On this day personally appeared before me , to me known to be the
of Centerstage 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--*
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
-2-
29
1/2010
CITY OF
`
41,
Federal
I. THEATRE MANAGEMENT
CITY HALL
Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwatyoffederahYay.wm
EXHIBIT A-1
A. Theatre Management. The Parties recognize that the use of Dumas Bay Centre will likely affect the
use of the Theatre. To the extent possible, the City will use its best efforts to avoid a use at Dumas Bay Center
that is incompatible with Manager's management of the Theatre.
Manager shall manage the day-to-day operations of the Knutzen Family Theatre C Theatre") for the City, including
booking of performances and rental of the facility, and selection and management of the contracted concessionaires.
Manager shall provide all of the staff support necessary to meet the needs of City in conducting City's activities at
the Theatre. Manager will be responsible for implementing and carrying out all personnel support functions
necessary to ensure' successful accomplishment of its tasks and activities. The Manager shall communicate and work
with the Parks Director's designee on such tasks and activities, which will include, but are not limited to the
following:
1. Coordination of use with Dumas Bay Centre including, but not limited to:
• Shared use of common areas such as hallways and bathrooms.
• Shared use and management of parking area
• Coordination of events and rentals with other uses on the premises.
• Consideration of the quiet hours established for the comfort of overnight guests from the hours of
11:00 p.m. — 8:00 a.m.
2. Coordination of City recreation and civic programs;
3. Provision of monthly schedule use to Dumas Bay Centre two (2) weeks in advance of the upcoming
month
Manager's Responsibilities. The Manager shall be responsible for the following:
1. Scheduling rental use of the theatre including local non-profit arts organizations;
2. Scheduling artists, performances, educational endeavors, and presentations;
3. Marketing and promotions of the Theatre. City will provide a link to the City's website for the
purpose of advertising events at the Theatre and contact information for use of the Theatre.. It is
understood that the link will not otherwise provide advertisement for the Manager;
4. Establishing rental rates and guidelines. for the use of the Premises;
5. Providing box office and customer services;
6. Providing technical theatre support, including proper maintenance of theatre equipment;
7. Hiring of or contracting for all necessary personnel;
8. Financial management for the facility operations;
9. Janitorial, housekeeping, general repairs and maintenance [excluding the City's responsibilities as set
forth in Section C (1) below], shared utilities; replacement of consumable items such as light bulbs,
lamps, batteries, paint, gaffe tape and other items used in the normal operation of the theatre spaces
and cleaning of the men's and women's bathrooms nearest to the lobby on the first floor, when
Centerstage Theater has scheduled events, including city events.
10. Facility management.
30
AMENDMENT - 3 - 1/2010
` CITY OF CITY HALL
' enue South
M .
Federal Way 33325 l y WA
Federal Way, WA 98003-6325
{253) 835-7000
www. cdyoffedeiaMw-corn
Recreation and Cultural Services Programs. The City's recreation and cultural services programs have
historically been scheduled as follows, which is the best estimate at this time, but will be subject to written
confirmation from the Manager annually by September 1st:
• Arts Commission annual events; two nights - one in the 1st quarter and one in the 3`d quarter (Friday or
Saturday) 5:00 — 10:00 pm; dates to be determined
• Friendship Theatre Load in June 15, 16, 2013, 12:00-3:00 pm
• Friendship Theatre rehearsals; June 17, 18, 19, 20. 21, 22 2013 5:00 — 10:00 pm.; June 23, 2013 12:00 —
5:00pm;*
• Friendship Theatre Performances; June 20, 21, 22 2013, 5:00 —10:00 pm; June 23, 2013 12:00 — 6:00 pm.
• Load out: June 24, 2013 3:30 pm — 4:30pm
• Dance Recital Rehearsal; May 28, 29, 30, 31, 2013; 5:00 — 9:00 pm
• Dance Recital pictures (rehearsal hail only) June 3, 2013 4:30 — 8:00 pm.
• Dance Recital; June 4, 5, 6, 2013; 4:00 — 9:00 pm
• Dance Recital Rehearsal; Dec. 3, 4, 5,6 2013; 5:00 -9:00 pm
• Dance Recital pictures (rehearsal hall only) Dec. 9, 2013 4:30 — 8:00r pm.
• Dance Recital; Dec. 10 12, 2013; 4:00 — 9:00 pm.
*Friendship Theatre is a 9 -month program and some rehearsals will be scheduled on occasion throughout the
year (10 hours).
The City retains the right to request additional dates as needed for recreation, civic and cultural events. The
City will not pay rental fees for the use of the Theatre and agrees not to exceed twenty-five (25) additional hours per
year for City use. For any additional time above said twenty-five (25) hours, the City will pay the established non-
profit rental rate.
Thereafter, each year Manager shall confer with Parks Director's designee regarding scheduling and
coordination of City recreation and civic events.
B. Staffmg. Manager shall provide a list of staff and their responsibilities to the Parks Director's designee for
the purpose of assisting coordination. Manager's employee and/or designee shall be in the building during the use of
the Theater.
C. Property Maintenance.
1. City Responsibilities. The City shall remain responsible for the routine maintenance of the following
property:
a. The Structure of the Building (i.e. roof, heating, walls, windows) and exterior areas including but not
limited to the parking areas, landscaping and other exterior areas.
b. The rigging system.
c. The fire suppression system.
d. The lighting and sound systems. An assessment of the systems will be performed annually by the
City and a copy will be provided to the Manager. The Manager will have ten (10) days to submit a
written statement detailing any dispute regarding the assessment. The Parties will meet and discuss
the dispute.
e. Planned capital replacements of equipment and the structure.
31
.AMENDMENT - 4 - 1/2010
` CITY OF CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(2:53) 835-7000
www. otwffederaMay. mm
f The City will provide access to the building with five (5) front entrance keys and provide an access
code for the theatre spaces. Keys for the building will be maintained by the City, and the Manager is
not allowed to duplicate. Any lost or stolen keys must be immediately reported to the City. Manager
will be responsible for any cost incurred to re -key the entrance area and key replacement costs
provided the need for re -keying is caused by the Manager's actions. Any cost of re -keying for the
commencement of this Agreement and for the termination of this Agreement shall be the
responsibility of the City.
g. The City shall be responsible for two -third (2/3) of the utilities, which include water, electric, gas,
and sewer. The City provided Manager historical data concerning the utilities. Upon receipt of the
billing, City shall fax a copy to the Manager within 24 hours. The Manager must remit complete
payment its 1/3/ share of the total cost for utilities to the City within fifteen (15) days after receiving
the bill each month to ensure that the City is timely with its payment obligation.
2. Manager Responsibilities.
a. The Manager agrees during the term of this Agreement to keep the Premises in a condition and state
of repair as good as the same shall be on the date of the Manager's possession of the Premises
excluding normal wear and tear.
b. The Manager shall pay the full cost of all repairs and maintenance to the Premises except for the
routine maintenance to the property identified in Section C(1) above. Manager is responsible for all
consumable routine items to operate equipment such as light bulbs, lamps, batteries, tie lines, gaff
tape and other products used to operate equipment. Manager will also be responsible for any
damages or replacement of equipment due to mis-use or accident.
c. The Manager shall pay for de-icing in the parking lot when the only event is at the Theatre, but shall
not pay when there are also events at Dumas Bay Centre.
d. The City shall not be required to make any repairs unless and until written notice of the need for said
repairs shall have first been given by the Manager to the City in writing at the City's address
specified above. Upon receipt of written notice the City will attempt to make repairs in a reasonable
time period to not interfere with the use of the Theatre.
e. The Manager shall provide its own cleaning and custodial services, including waste disposal, in
accordance with RCW 39.12.020 by paying prevailing wage at its expense. In the event the Manager
undertakes remodeling and/or construction projects at the Theater, the Manager shall pay prevailing
wages at its own expense for any construction work.
f. Manager is not allowed to duplicate keys. Any lost or stolen keys must be immediately reported to
the City. Manager will be responsible for any cost incurred to re -key the entrance area and key
replacement costs.
g. The Manager shall be responsible for one-third (1/3) of the utilities for the building, which include
water, electric, gas, and sewer. When Manager receives copy of billings from the City, Manager will
timely remit its complete 1/3/ portion to the City within fifteen (15) days of each month to ensure
that the City is timely with its payment obligation. The City will submit payment to the utilities. In
the event there is a late charge for a utility payment due to the Manager, the Manager shall be
responsible for the extra charges.
h. Theater use policies:
(i) Manager shall submit all requests for ins, cards, or displays beyond the Theatre lobby and
AMENDMENT - 5 - 1/2010
` CITY OF CITY HALL
ANO 3332.5 8th Avenue South
Federal Way, WA 98003-6325
Federal Way
(253) 835-7000
www atynlfeden*UW-corn
Box Office to the Dumas Bay Centre Coordinator.
(ii) Manager agrees to use sandbags and counterweights to support pieces. No nails, screws or
fasteners of any kind shall be attached to any part of the stage, rehearsal space, workroom or
any other backstage area.
(iii) Manager may paint the stage floor and back theater with approved latex paint under the
following conditions: (1) drop cloths are used and appropriate care is taken so as not to get
paint on carpet, drapes, or rigging, (2) metal floor pocket covers are not to be painted; (3)
stage surface and/or wall are professionally repainted at Manager's expense.
(iv) Manager will not allow any inappropriate vehicles or heavy equipment (i.e. forklift) on the
stage floor.
(v) Manager will ensure that all braces, platforms, etc that come into contact with the stage floor
are padded with non-abrasive carpet or other material; and that staples or nails used to affix
the pads are sufficiently indented so as not to protrude and damage the floor. Manager is not
allowed to remove any fixed item from the stage or theatre complex such molding, fixtures,
seating, etc.
(vi) Manager will ensure that all heavy materials (i.e. furniture, platforms, etc) are lifted or rolled
to avoid damaging the stage floor.
(vii) Manager will ensure that enamel or spray paint is used only in the workroom.
(viii) Manager may permit open flame provided that the use complies with the City of Federal Way
Fire Code; the use is permitted via a flame permit; and the Fire Marshall of South King Fire
and Rescue inspected the area.
(ix) All Theatre spaces must be maintained for intended use, rehearsal hall as a rehearsal; meeting
and banquet space; workroom as a temporary work space for upcoming productions; theatre
space as production and meeting space.
II. PREMISES
A. Premises. Manager shall maintain the Premises in good condition and shall not alter or change the premises
without the prior written approval of City. Manager is not allowed to remove any city equipment, supplies or
materials from the building. The Premises under this Agreement shall include the following:
1. First Floor:
• Office space — Current Theatre Coordinator Office
• Box office
• Theatre lobby/theatre
• Workroom
• Rehearsal hall
• Dressing rooms.
• Restroom
• Office space, which will be the Caretaker's apartment or other space as determined by the City in
coordination with the Manager.
2. Second Floor:
• Tech booth
• Storage space for props and costumes as identified in highlight on the map.
33
AMENDMENT - 6 - 1/2010
` CITY OF CITY HALL
.� Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cayoffedersAvay. can
3. Art Gallery. Manager shall maintain Public Access to the Art Gallery during normal business hours and on
weekends when the Theatre is in use.
B. Smokine/Fires Prohibited Pursuant to RCW 70.160.030 all smoking in the Theater is prohibited on
stage or anywhere in the Premises. Smoking will be permitted outside so long as it is done more than twenty-
five feet away from entrances, exits, windows that open, and ventilation intakes as required by RCW
70.160.075. Please use appropriate receptacles.
C. Future Alterations or Improvements.
1. All alterations or improvements to the Premises undertaken by the Manager shall be constructed at the
Manager's expenses, and the Manager agrees to bear full responsibility for insuring that all construction
on the Premises is undertaken and conducted in a safe and professional manner, and that all alterations or
improvements shall be of high quality construction. The Manager agrees that it will not allow any liens
to attach to the Premises as a result of any construction preformed on the Premises. However, should a
laborer's or material man's liens be filed per Chapter 60.04 RCW, the City agrees that this will not be
considered a breach of this Agreement. The Manager further agrees to hold the City harmless from any
and all claims, including costs, attorney's fees, and expenses, arising in any way from any construction
on the Premises undertaken by the Manager. Unless specifically agreed otherwise in writing signed by
the City prior to construction or addition of any alterations or improvements to the Premises, all
alterations and improvements shall become the property of the City upon termination or expiration of
this Agreement.
2. The Manager shall not perform, or cause to be performed any alterations or improvements to the
Premises without first providing written notice to the City and obtaining the City's review and approval
of said alterations or improvements, including signage on the building, which must comply with the
Federal Way City Code, and all applicable laws. All hours of work in performing alterations or
improvements shall also be subject to the City's prior approval.
3. At the termination of this Agreement, the Manager shall ensure that the condition of the Premises is
equal to or better than the condition existing at the commencement of this Agreement, excluding normal
wear and tear as mutually determined by the City and the Manager.
D. Fire or Other Casualty. In the event the Premises are damaged and/or destroyed by unavoidable casualty or
risks covered by standard insurance to such an extent as to render any portion of the Premises untenantable, the City
shall have the option to demolish, rebuild or repair the Premises. The City shall have thirty (30) days after the date of
written notification by the Manager of the happening of any such contingency in which to notify the Manager of the
City's intention to rebuild or repair the Premises or the parts so damaged. If the City elects to rebuild or repair said
Premises, the City shall prosecute the work of such rebuilding or repairing without unreasonable delay. If the City
fails to give said notice within said period, the Manager shall have the right to terminate this Agreement by written
notice to the City at any time prior to commencement of reconstruction or repair of the Premises.
E. Parking. Parking is shared with other building users and is provided in designated areas only with the
exception of load -in and load -out with advance coordination with Dumas Bay Centre Coordinator. Parking in non-
designated areas (unless coordinated in advance) may result in ticketing and/or towing at the owner's expense.
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AMENDMENT - 7 - 1/2010
` CITY of CITY HALL
Federal Way 33325 8th Avenue South
Federal Way, WA 98003-6325
40 (253) 835-7000
www diyoffederahvW com
EXHIBIT B-1
ADDITIONAL COMPENSATION
A. Management Fee
In return for the Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred
Twenty Six Thousand Eight Hundred and No/ 100 Dollars ($226,800.00). The total amount payable to Contractor
pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to
exceed Four Hundred Forty Eight Thousand and No/ 100 Dollars ($448,000.00).
B. Hourly Technician Fees
Manager shall provide technical services for the premises at the published rate, which shall be paid by all
renters including the City.
C. Rental Income and Other Uses
Income from rental of the facility shall be Manager income. The meeting/rental use by Dumas Bay Centre
will be the established rate in accordance with rates charged to other non profit organizations. The Parties agree
that the rental rate and other fees for the Theatre shall remain competitive with the Dumas Bay Centre's fees rental
rates and other fees to avoid undercutting the other party.
City recreation programs and/or civic events as outlined in Exhibit A- i shall not pay any rent.
35
AMENDMENT - 8 - 1/2010
36