AG 13-076 - 4CULTURERETURN 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
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':>rf�- a., :Y. f,.
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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
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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