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AG 13-076RETURN TO: Patrick Doherty EXT: 2612 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CED 2. ORIGINATING STAFF PERSON: PaTRicx DoxER�rx EXT: _2612 3. DATE REQ. BY:_AS.� 4. TYPE OF DOCiJMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENf (E.Cx, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT O SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. aorm xEEi.n�n nocun�TS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL x OTHER GRANT 5. PROJECT NAME: 4CvL�rvxE G�rrr FoR PACC 6. NAME OF GRANTOR: 4CUt,TVxE ADDRESS: 101 P�FOrrc�nvE Pr., SEn'rrt,E 98104-2672 TELEPHONE _206-296-7580 E-MAIL:JIM.KELLY@4CULTURE.ORG F�� SIGNATURE NAME: 7AMES KELLY TITLE ExECUr[vE DutECTO1t 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES X COMPENSATION � INSURANCE REQUIItEMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBTTS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIItED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 12/1/12 COMPLETION DATE: No sEr nn� 9. TOTAL GttA1vT $_150,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CAL,CULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: x YES � NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, S PAID BY: � CONTRACTOR ❑ CITY PLEASE CHARGE TO: 10. ll►��I�U�VIENT/CONTRA ❑ P ��JECT MANAGER ❑ RISI� ❑ LAW REVIEW (IF APPLICABLE� I1�TITIAL / DATE REVIEWED I1�iITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING �L�'SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ��ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTTS �.�, DEPARTMENT '� SIGNATORY (MnYOR oR D[�C�roR) c—_. CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: IIVITIAL / DATE SIGNED ,� . AG# I ' C)� (9 DATE SENT: l.�_t � • L � 1/9 Agreement No. 112367C Contractor's Federal Taxpayer ID No. (last 4 digits) 2550 Contractor City of Federal Way Project Title: Federal Way Performance Arts and Conference Center Contract Amount: $ 150,000.00 Fund Source: King County Sale Proceeds Contract Period From: 12/1/2012 � To: Open AGENCY SERVICES CONTRACT 2012 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the Citv of Federal Wav, (the "Contractor"), whose address is 33325 Eiqhth Avenue South, Federal Wav. WA 98003, and telephone number is (253) 835-2401. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2012-36. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28.180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et se�c . RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: AG SVC 2012 Page 1 of 7 I. SCOPE OF SERVICES A. The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: � Specific Scope of Services 8� Reimbursement Schedule Attached hereto as Exhibit A � Project Proposal and Budget Attached hereto as Exhibit B � Insurance Re uirements Attached hereto as Exhibit C ❑ Personnel Inventory (K.C.0 12.16.060A)( In combination with Attached hereto as Exhibit D other a reements, in excess of $25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto as Exhibit E for A reements in excess of $25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12.16.060D ORGANIZATIONS ONLY B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support in all marketing and promotional materials during the period this contract is in force: / � CULTURE NIN6 COlFNTY lOD01M6 TAX Approved logos are available for download in a variety of formats at http://www.4C u ltu re. o rg E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. I1. DURATION OF CONTRACT This Agreement shall commence on 12/1/2012 and shall terminate when the terms of the public benefit have been satisfied. This Agreement, however, may be terminated earlier as provided in Section IV her�of. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed �150.000.00. AG SVC 2012 Page 2 of 7 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Cutture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Gulture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, insurance and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law. AG SVC 2012 Page 3 of 7 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Contractor shall provide right of access to its facilities, including by any subcontractor to 4Culture, the King County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance of this Agreement. VIII. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. IX. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are employees of 4Culture for any purpose. The Contractor shall comply with all applicabie federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 2012 Page 4 of 7 B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Contractor, its officers, employees,�and/or agents, except to the extent resulting from 4Culture's sole negligence. If this Agreement is a"a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright. X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to. XI. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 2012 Page 5 of 7 XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law against discrimination); K.C.C. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting discrimination in places of public accommodation. The Contractor shall maintain, until 12 months after completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate in this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive o�cer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is.received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this �Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attomeys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 2012 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections Iil, V, VI, VII, VIII, IX, Xi, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: � 4Cultur CD Executiye re tor Signatur Date �(�I� �rt��f Name (Please type or pr�nt) ►M. a�� � l Title (Please type or print) �-�2% ( 3 Date AG SVC 2012 Page 7 of 7 EXHIBIT A SCOPE OF SERVICE CONTRACT NO. 112367C PHASE ONE: INVOICE #1 -#3: for up to $120,000: partial support for the identification and concept design for a preferred alternative for the Federal Way Performance Arts and Conference Center. Eligible expenses include labor, material and consultant fees for development of capital budget requirements, schematic/program space plans and/or renderings, and/or initial fund raising plans. Accompanying the 4Culture invoice(s) for the above expenses will be documentation that identifies vendors and details work performed. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. PHASE TWO: INVOICE #4: for up to $30,000: partial support for preconstruction permit fees, engineering or other fees related to the application for construction permits. Accompanying the 4Culture invoice(s) for the above expenses will be documentation that identifies vendors and details work performed. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. PUBLIC BENEFIT The Federal Way Performance Arts and Conference Center will provide public benefit for visitors and residents of Federal Way for at least 10 years, with programs accessible to a broad range of King County residents. The PerForming Arts facility will respond to and serve the community by providing some or all of the following: • subsidized ticket prices and/or day-of-show "rush" pricing for economically-challenged patrons • student pricing for performances or rehearsals • special family presentations with shows, days, times and prices designed to encourage family attendance • free lectures, tours, workshops, and classes • a rental fee schedule that includes below market rates for use by local nonprofit arts organizations • program outreach and relationships with community cultural assets PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture's support is required of all recipients for use in publicity and promotional materials, including, but not limited to website, brochures, press releases, programs, posters, public service announcements, flyers and advertisements. Final payment will not be made until evidence of acknowledqment of 4CULTURE support is submitted. City of Federa! Way Address 33325 8th Avenue South Federal Way Washington 98003-6325 Phone (253)835-2401 Fax (Z53)835-2409 Revenue last fiscal year $46,000,000 Revenue 2nd to last fiscal year $46,000,000 ������� � Website www citvo`federalway com Email brvant �ngeCa�citvoffederaiwav c�m King County Council District # 7 WA State Legislative District # 30 Date Incorporated 02/28/1990 Federal Tax ID 91-1462550 WA State UBI# 601223538 Organization Director Administrative Services Director, Mr. Bryant Enge Director Email bryant.enge@cityofFederalway.com Director Phone (253)835-2510 ' Organization Description Design a new performing arts and conference center to provide spaces for quality performances and public gatherings. Mission . Create a multi-use urban city center that is pedestrian friendly that provides cultural and entertainment opportunities and serves as the social and economic hub of the City, enriching the lives of our citizens. Project Title Federal Way Civic Center Development Project Short Project Description Design a new performing arts and conference center to provide spaces for quality performances and public gatherings. Project Discipline(s) Music bance Theater visual Literary Media file:///R�/...t/All%20Application%20data/�ty%20of%20Federal%20Way/Gty%20of%20Federal%20Way_0056_fieldDaia.htrnl[9/22/2011 3:29:36 PM] ':>rf�- a., :Y. f,. . '� Amount RequesteE'� _� � $150,000 � Total Project Budget $26,795,000 Venue Address A new facility constructed in Federal Way's city center. 31510 20th Avenue South Federal Way Washington 98003 Project Description King County Council District # WA State Legislative District # 30 Federal Way, Washington, is a bustling city where businesses and residents alike enjoy many of the amenities for a beneficial and satisfying lifestyle. With approximately 90,000 citizens, it is currently the.11th largest city in the state. Despite the community's size, Federal Way lacks a theater in which the many local performing arts groups can perForm for the public. Arts organization based in Federal Way frequently perfo�m elsewhere, taking their audiences with them. Additionally, the community lacks a facility where businesses, schools, civic organizations and the public alike can hold a large meeting, seminar, or special event. The proposed Federal Way Civic Center will be a premiere destination with a 700 seat performing arts theater, complete with state of the art sound/lighting equipment, to further promote the cultural enrichment of the citizens of Federal Way and surrounding area. The center will also include meeting space and conference facilities with a full service kitchen. The proposed facilities will maximize flexibility in their design to provide spaces for quality performances, the pub! businesses, schools and civic organizations. The facilities will reflect the needs of modern/contemporary perForming arts group, providing an outlet for cultural and artistic opportunities of all types, educational outreach and entertainment choices. The theater will accommodate a set of active performing arts organizations based in Federal Way, increasing the number of local perFormances available to the community. The facilities will also be marketed as an event venue, attracting occasional presentation and production from regional arts organizations, in addition to small but targeted presenting series. The conference facilities will provide for a centrally located space capable of accommodating larger gatherings and offering the amenities of a proper event space, such as on-site catering, media technology and event production staff, supporting the revitalization of downtown, sustaining local arts organizations and attract business to the area, while serving as a forum for important community interaction on multiple levels. Project Impact The goal of performing arts facilities and conference facilities in Federal Way dates back to 1989 prior to city incorporation and is recognized as having great potential. The city of Federal Way's 2008 Citizen Survey suggests that residents support downtown redevelopment, business enhancement and the construction of a new performing arts center. Sixty-two percent of survey responders strongly support or somewhat support the use of city funds to help develop a performing arts center in the downtown core to spur economic development and growth. The city has funded several analyses concerning a market for a performing arts center. In 2009, a feasibility analysis was conducted that addressed market potential for a performance venue, conference facility and hotel. The study recommended a combined performing arts and conference center with an adjacent hotel. This earlier work resulted in a facility concept for: 700 seat theatre/2,000 square foot multi-purpose space/Backstage dressing rooms and support area/AdministrativP space/Box Office. Emphasis should be on a high-quality space that is very flexible to: Accommodate touring acts Allow local arts organizations to grow file:///R�/...t/AI!%20Application%20data/Gty%20of%20Federal%20Way/City%20of%20Federal%20Way_0056_fieldData.htrnl[9/Z2/2011 3:29:36 PM] Provide a secondary event space that could accommodate events and exhibitions utilizing conference facilities Conference Center with a 8,000 square foot lobby/6,000 square feet of additional meeting space/parking stalls. Focus is on the need for a local larger facility that offers on-site catering, audio/visual capability, trained support staff and more. Hotel with 150-300 rooms hotel/3-star rating. The purpose of the hotel is to gain competitive advantage for regional meetings and overnight conferences, the hotel should be attached rather than adjacent to the facility. The attached hotel could be approached in a future phase. As well as serving audiences, local arts groups, local businesses and meeting planners, the facilities will support broader community goals: � Market to build new audiences, Build stronger community around greater cultural participation; Respond to the diversity in the community and the diverse performing groups; Stimulate economic and community development in Federal Way, especially within the city center; Induce additionai demand for lodging, and increase occupancy rates at all Federal Way hotels; Increase the quality of (ife and fulfll the needs of local organizations, while providing opportunities to support local arts organizations; provide exposure to nationally and internationally recognized artists, productions and talent; Attract visitors from neighboring communities, the region, and beyond; and In summary, create opportunities for artists to serve as valued "resources to the culture and economy of the community. The facilities will build a stronger cultural community and promote and build artists' skills. They will foster awareness and understanding of the public value of arts and culture, increasing the quantity, variety, and quality of arts programming. The facilities will bring a host of quality artists that previously bypass our area due to lack of appropriate facilities while supporting, preserving, presenting and perpetuating the broad range of art forms valued by diverse constituents. Enhancing the integration of arts and culture into civic, political, educational, tourism, and economic policies, the facilities will foster education, life-long participation, creativity, and technological innovation in arts and culture. The facilities will enhance growth and renewal of Federal Way's city center and will provide significant improvements to lodging, restaurant, entertainment and retail demand in the city center by better serving existing activities and attracting additional high economic impact events. Activating pedestrian-intensive use in the city core will foster economic activity, creating a greater critical mass of activity in conjunction with business establishments in the area, including the malls. The facilities and associated activities will enhance the quality and marketability of the city core as a destination location, while creating construction phase employment, operation phase employment, and secondary and public benefits associated with operation of the facilities. Relevant Expertise / Experience / Accomplishments The manager for this project will be the city's Administrative Services Director, Bryant Enge. Bryant brings a wealth of knowledge related to spectator facilities. Intimately involved with the development of the Rose Garden, the $262 million facility that serves as the primary indoor sports arena in Portland, Oregon. City development team for PGE Park, an outdoor sports stadium located in Portland, Oregon. City project manager for a proposed 19,000 seat amphitheater in Porttand, Oregon. CFO and Administrative Director for Metropolitan Exposition and Recreation Commission (MERC) which managed the Oregon Convention Center, Portland Expo Center, and Portland Center for the Performing Arts. Bryant involvement included the $100M expansion of the Oregon Convention Center. Bryant coordinates a project team of specialists that provides feedback and input to the direction and proposals being considered. This team includes an Advisory Committee. Strategically composed, this committee provides file:///R�/...t/All%20Application%20data/City%20of%20Federel%20Way/Crty%20of%20Federal°/a20Way_0056_fieldData.htrnl[9/Z2/2011 3:29:36 PM] expertise in the many facets which the facilities are expected to impact. The committee includes members of the business community, an executive of the Federal Way Chamber of Commerce, a Federal Way School District executive, a Iodging industry consultant, a performing arts community leader (past chair of the city's Arts Commission and current president of the Federai Way Coalition of the Performing Arts), a City Councilmember, ar a professional engineer. The city team includes leaders in the planning and development of conference center and performing arts center facilities, LMN Architects was selected through a competitive process for pre-design/conceptual services. LMN is a Seattle-based award-winning design firm specializing in public assembly facilities. Completing the team is Webb Management Services, a performing arts consulting firm that is a recognized leader in cultural and project planning services. In addition, Bryant consults quarterly with the Federal Way Coalition of the PerForming Arts organization. Presidents and/or board members of each organization meet with Bryant and the City Councilmember for an update on current developments and to obtain input and feedback conceming project direction. Project Implementation The city partnered with the Federal Way Coalition of the Performing Arts (FWCPA) to bring a high quality perForming arts center and conference center to the community. FWCPA, organized in 1989, is a volunteer-run nonprofit umbrella organization supporting the arts in the greater Federal Way community. Its mission is to promote the local performance groups and raise funds toward a perForming arts center in Federal Way. FWCPA's volunteer base combined with the City's stafFng and resources provides an infrastructure to shepherd this project to completion. The city has funded several analyses concerning a market for a performing arts center. In 2009, a feasibility analysis was conducted that addressed market potential for a perFormance venue, conference facility and hotel. The decision to pursue integrated performance and conference facilities was afFirmed by the Federal Way City Council on January 31, 2009. A project team of specialists has been convened to provide feedback and input to the direction and proposals being considered. This team includes an Advisory Committee. Strategically composed, this committee provides expertise in the many facets which the facilities are expected to impact. The committee includes members of the business community, executive of the Federal Way Chamber of Commerce, a Federal Way Schoot District executive, lodging industry consultant, a performing arts community leader (past chair of the City's Arts Commission and current president of the Federal Way Coalition of the PerForming Arts), a City Councilmember, and a professional engineer. In addition, the city team includes leaders in the planning and development of conference center and performing arts center facilities. LMN Architects was selected through a competitive process for pre-design/conceptual services. LMN is a Seattle-based award-winning design firm specializing in public assembly facilities. Completing the team is Webb Management Services, a performing arts consulting firm that is recognized leader in cuttural and project planning services. The project concept is supported on the State level; the city has secured significant funding for capital costs. This funding includes $5,500,000 from the State of Washington for facility infrastructure construction costs. The city used this funding to acquire approximately four acres in the city center for the civic center site. In addition,,the FWCPA secured an additional $325,000 to support pre-construction through the State's Building for the Arts program. The city has appropriated $960,000 for initial design services and streetscape improvements. The selected architectural firm shall provide finalization of the facility program plan, pre-design/concept design, and schematic design. This process will provide public and community input, taking an active part within the design process. The process will provide a comprehensive review of: site planning � programming file:///R�/...t/All%20Application%20data/City°/n20of%20Federal%20Way/City°k20of%20Federal%20Way_0056_fieldData.html[9/2Z/2011 3:29:36 PM] building design stru ctu ra I mechanical, electrical and plumbing; and specialty specifications This process will develop a feasible conceptual design of the project through creating and evaluating a series of general schemes that take into account the program and costs. This process will align design ideas and specific design requests with project budget. The city has several potential resources to support the development and construction of the facilities. These resources include external funding from proceeds through implementation of the Local Investment Finance Tool. The city was one of several cities selected to utilize this financing tool, which could provide up to $25 miilion for public infrastructure improvements. In addition, the city hopes to partner with 4Culture for future funding. Internal resources include the city`s Downtown Redevelopment Fund and proceeds from a potential property sale. Also, the city will aggressively seek capital contributions and endowment funding from the community. Presently, the city projects a gap between the cost to develop and construct the facilities and available resources. The design process will illustrate opportunities to cut or delay costs. In the meantime, the city is exploring alternatives to close this gap, including a public-private partnership. 4Culture funding for this design process is critical in the city's funding an estimated $3 million for the total cost of design/development for the project. Without significant external funding being leveraged the project would be delayed. Consequently, the cost of the project would increase due to inflation and costs related to project stop and restarts, file:///R�/..,t/All%20Application%20data/City%20of%20Federal%20Way/Gty%20of%20Federal%20Way_0056_fieldData.html[9/22/2011 3:29:36 PM] 4�uLTURE FACILITIES PROGRAM PROJECT BUDGET INCOME Check if you (Add categories that fit your project) have applied Cash Income In-Kind APPLICANT: CORPORATIONS: (identify) FOUNDATIONS: (Identify) GO ER : ( denti ) State � � City , 09,5 INDIVIDUALS: OTHER: (Describe) Unfunded , . 4C E S P O : TOTALS: � � GRAND TOTAL INCOME: $26,901,331 CASH + IN-KIND TOTAL � EXPENSE ' (Add categories that fit your projectJ Cash Expense In-Kind CO S UCTIO : PR JE MGM : FIXT R S/EQUIPMEN : SO T COSTS: D/B LDIN CQ I ITIO : FI A I G: F RAISING: O HER: O AL : . . $0 GRAND TOTAL EXPENSE: $26,795,322 CASH + IN-KIND TOTAL •- • Name of Organization: City of Fede�al Way, WA Fiscal Year Ends: 20'11 REPORT OPERATING EXPENSES ONLY - DO NOT INCLUDE CAPITAL EXPENDITURES ACTUAL CURRENT YR NEXTYEAR FY 2010 FY 2011 FY 2012 � Operating Expenses: 2 PersonneL � � `� 3 1 Artistic pertnanent � i, � 4 temporary 5 2 Productian pertnanent j � 6 temporary � 7 3 Administrative pertnaneM i 8 tempwary ; 9 4 Education permanent 10 temporary I 11 ProductionlExhibition expenses i 12 MarketinglPromo6on expenses i 13 Fundraising expenses i 14 Educa6on expenses 15 �pancy expenses (mortgagdrenUu6lities) . i 16 Travel and Transportation j 17 Administrative expenses ; 18 Subtotal � � g In-Knd Expenses (must = IMtind Cantribudor�s) � 20 TOTAL OPERATING EXPENSES NA I NA I NA 2� tarnecJ Income: 22 Single Tickets 8ox OfficelAdmission 23 SubscriptiaNMembership 24 TuitioNWorkshops 25 Sales/ConcessionslRentals 26 Interest & Eamings (savings, reserves, eEc.) 27 Other Eamed Income 28 TOTAL EARNED INCOME 29 Earned income percentage 30 EARNINGS GAP I NA I NA 31 c:ontridutea income: 32 NEH, NEA, and IMS j 33 Other Federal Govemment � 34 WSAC I 35 Other State Govemment � 36 4Culture � 37 Other Counry Govemment � 38 SOACA (Seattle) 39 Ofher Cily Govemment j 40 Arts�und j 41 Other Corporations � 42 Foundations 43 PONCHO 44 Individuals i 45 Fundraising Events (ONet or ❑Gross income?) 46 Misc. wntribulions l 47 SUBTOTAL CONTRIBUTED INCOME NA j NA NA 48 ImlGnd Contributions � 49 GRAND TOTAL INCOME NA I NA NA 50 SURPLUS (OR DEFICI'� NA i NA 51 Depr�dation (EXPRESS AS NEGATIVE) i- 52 OTHER "1NTER-FUND" TRANSFERS j 53 SURPLUS OR (DEFICIT) AFfER TRANSFERS j 0 � . •- • Name of Organization: City of Federal Way Fiscal Year Ends: 2011 (month/dayJ PLEASE EXPLA/N LlNE 1TEMS VARYING MORE THAN 20% OR BELOW-THE-L/NE TRANSFERS Line item I Year Note Not appiicabie. Page 7 Mayor Skip Priest Deputy Mayor Dini Duclos Councilmember Jim Ferrell Councilmember Linda Kochmar Councilmember Michael Park Councilmember Jeanne Burbidge Councilmember Jack Dovey Councilmember Roger Freeman EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence" form. 1. Minimum Scope of Insurance needed for this contract is as follows: � Commercial General Insurance Services Office form number (CG 00 01 Ed. 11-88)—Minimum Liability Combined Single Limit of $1,000,000 BI & PD with a General Aggregate er ro�ect � Automobile Liability Covering all owned and non-owned and hired automobiles – Combined Sin le Limit of $1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor. 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way. (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty (30) days' prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a BesYs rating of no less than A:VIII, or, if not rated with BesYs, with minimum surpluses the equivalent of Bests' surplus size VIII. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance with all requirements set forth above. �,,,�,, 9CITF1- OP ID: CF A� fRO` CERTIFICATE •F LIABILITY INSURANCE DATE(MM/DDMlY`� �3/�7/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. �f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsement(s) _ PRODUCER Bannon, Carlson 8 Kessel, Inc. 2121 70th Ave W Ste B University Place, WA 98466-7664 Daniel DeLorenzo INSURED Cfty of Federai Way 33325 8th Ave. S. Federal Way, WA 98003-6325 Phone: 253-565-3500 NqMEACT Cath Fleck Fax: 253-565-7209 P,",c"N . ��:253-565-3500 D: E: of London 253-565-7209 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TypE OF INSURANCE POLICY NUMBER M D Y EFF APAO�LICY EXP LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 'IO�OOO,OO i� X COMMERCIAL GENERAI LIABILITY X PK1016812 12/31/2012 12/31/2013 pREMISES Ea occur�ence S CLAIMS-MADE � OCCUR MED EXP (Any one person) S PERSONAL 8 ADV INJURY S 'I O,OOO,OO GENERALAGGREGATE S iO,OOO,OO GEN'L AGCaREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S �O,OOO,OO X POLICY PRa LOC E AUTOMOBILE LIABILITY Ea a�dent I LIMI �O,OOO,OO A X ANYAUTO PK1016812 12/31/2012 12131/2013 �aLYINJURY(Perperson) S ALLOWNED SCHEDULED � BODILYINJURY(PerecadeM) S AUTOS AUT�S PROPERTY DAMAGE NON-0WNED peraccident $ HIREDAUT0.S AUTOS S UMBR�LLALIAB OCCUR EACH OCCURRENCE S a�� � CLAIMS-MADE AGGREGATE 3 8 DED RETENTIONS WC STATU- OTH- VIfORKERS COMPENSATiON . �RY MIT , AND BMPLOYERS' LIABIUTY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACHACCIDENT S OFFICER/MEMBER EXCLUDED? N / A � (Mandatory in NH) E.L. DISEASE - EA EMPLOYE i ti yea, describe under � E.L. DISEASE - POLICY UMIT S DESCRIPTION OF OPERATIONS below DESCWP'fION OF OPERATONS / LOCATIONS / VEHICLES (Attaeh ACORD 101, Addkional Rsmarks Sohaduls, if moro spaos fs nquirod) RE: Cultural Development Authority of Ring County/4 Culture is added as additional insured as respects the Cultural Arts Grant but only as respects to the liability of City of Federal Way CULTDEV SHOULD ANY OF THE ABOVE DESCRIBED POLICIE3 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cultural Development Authority of King County AUTNORIZHD REPRESENTATIVE 101 Prefontaine Place So Seattle, WA 98104-2672 ,�,�ri/ �✓,e► O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD City of Federal Way Policy #PK1016812 (8) WASTE means any waste material (1) containing byproduct material from any ore processed primarily for its source material content and (2) resulting from the operation by any person or organization of any NUCLEAR FACILITY incfuded within the definition of NUCLEAR FACILITY. J. Any loss, damage, cost, claim, expense, BODILY INJURY, MEDICAL PAYMENTS, or liability of whatsoever nature directly or indirectly caused by, resulting from or in any way involving FUNGAL PATHOGENS. This exclusion shall apply regardless of any other cause or event that contributes concurrently or in sequence to the loss, damage, cost, claim, expense, BODILY INJURY, MEDICAL PAYMENTS, or liab+lity. This exclusion shall not apply to: (1) SECTION I PROPERTY; but only when such loss arises directly from a peril not othervvise excluded under SECTION I PROPERTY. (2) SECTION V COVERAGE A EXCESS WORKERS COMPENSATION FOR A QUALIFIEQ SELF- INSURER; but only when coverage for losses arising from FUNGAL PATHOGENS is required by law or regulation. (3) SECTION II GENERAL LIABILITY; BODILY INJURY or PROPERTY DAMAGE arising from the NAMED ASSURED's Food Products K. Any claim, including defense of same, arising directly or indirectly from any actual or alleged SEXUAL ABUSE or SEXUAL HARASSMENT of any person by any ASSURED, or anyone to whom the NAIiAAED ASSURED is obligated by virtue of a written contract or agreement; except as covered in SECT'ION II GENERAL LIABILITY, SECTION VIII LAW ENFORCEMENT ACTMTIES and SECTION IV PUBLIC OFFICIALS MISCELLANEOUS LIABILITY INSURING AGREEMENT C SEXUAL HARASSMENT LIABILITY or INSURING AGREEMENT D SEXUAL ABUSE LIABILITY. GENERAL POUCY DEFINITIONS . ASSURED means not only the NAMED ASSURED as stated on the Declaration Page, but also includes any past, present ar future officials; members of boards or commissions; and trustees, directors, otficers, volunteers, or employees of the NAMED ASSURED while acting within the scope of their duties as such. ASSURED shall also mean any person, organization, trustee or estate to whom the NAMED ASSURED is obligated by virtue of a written contract or written mutuat aid agreement or other written agreement to provide insurance such as is offered by this policy; but only in respect to acts or operations by or on behalf of the NAMED ASSURED, and subject to the limitations on coverage contained in any such written contract or written mutual aid agreement or other written agreement. . 2. AUTOMOBILE means any motor vehicle intended or designed for highway use, trailer or semi-trailer, including its equipment and any other equipment permanently attached thereto, but AUTOMOBILE does not include MOBILE EQUIPMENT. However, self propelled vehicles with the following types of permanently attached equipment a�e considered AUTOMOBILE: Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. 3. BODILY INJURY means physical injury (including death} to any person, and any mental anguish or shock, sickness, disease, disability or death associated with or arising from such physical injury. 4. EARTHQUAKE means seismic geologic activity which causes movement in the earth's surface including loss or damage from any other cause or event that contributes concurrently or in any sequence to the loss, except direct loss of or damage to PROPERTY OF THE ASSURED caused by ensuing fire and/or VER.NOV. 2011 PUBLIC ENTITY 19