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AG 13-134• I 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROU 1. ORIGINATING DEPT./DIV: 2. ORIGINATING STAFF PERSON: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) OA, ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE rCONTRACT AMENDMENT (AG #):_ /3 - /32/ OTHER EXT: l3. DATE REQ. BY: It 1- ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: 6. NAME OF CONTRACTOR: f k eta 1 ADDRESS: TELEPHO FAX: I : TITLE sdSIGN ATURE NAME: v1 t P&k 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS QQ- 8. TERM: COMMENCEMENT DATE: 9. TOTAL COMPENSATION $ COMPLETION DATE: 4-- it 1- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER rDIRECTOR RISK MANAGEMENT OF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED c 'tr4 INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED 7-ac, 2,11.1►a- 9- u f p111 AG# /3 1&4' DATE SENT: 2l} Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.atyoffederalway.com AMENDMENT NO. 2 TO Memorandum of Understanding Between City of Federal Way and Federal Way Coalition of the Performing Arts FOR Capital Fund - Raising Campaign For the Performing Arts and Conference Center 2017 This second Amendment ( "Amendment No. 2 ") is dated effective this 18th day of January, 2017, and is made between the City of Federal Way, a Washington municipal corporation ( "City "), and the Federal Way Coalition of the Performing Arts, a Washington nonprofit corporation ( "FWCPA "). A. The City and FWCPA entered into a memorandum of Understanding dated effective June 21, 2013 whereby the Parties, agreed upon their respective responsibilities in connection with the 2013 -2014 Capital Fundraising Campaign ( "Campaign ") for the Performing Arts and Conference Center ( "MOU "). B. The City and the FWCPA desire to amend the MOU to continue the responsibilities as described in the MOU by extending the term of the previous Amendment Capital Fundraising Campaign for the Performing Arts and Conference Center 2013 -2014 ( "Agreement ") dated effective June 21, 2013, as amended by Amendment No[1] as follows: NOW, THEREFORE, the parties agree to the following terms and conditions: 1. AMENDED TERM. The parties agree that the terms of the MOU are to remain in effect through February 28, 2017, or until the completion of the Performing Arts and Conference Center construction, whichever occurs first. 2. FULL FORCE AND EFFECT. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 • Vecleral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003 -6325 (253) 835 -7000 www crtyoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: Jim F , M.yor DATE: I ki-4 l d ATTEST: At., / I.h.nie Courtney, CMC, APPROVED AS TO FORM: Clerk City Attorney, ll �.Mn Cwt 1 FEDERAL WAY COALITION OF THE PERFORMING ARTS: By: P. Piquette, President DATE: (7 4y / 1 a / STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) TONIA PROCTOR NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES f• R11 2017 On this day personally appeared before me Joann P. Piquette, to me known to be the President of the Federal Way Coalition of the Performing Arts that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this l day of -3-an UO 2017. AMENDMENT Notary's signature Notary's printed name 1 one o. roL�o1. Notary Public in and for the State of Washington. My commission expires 10- - Q0 I 2 - 1/2015 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffedera/way com AMENDMENT NO. 2 TO Memorandum of Understanding Between City of Federal Way and Federal Way Coalition of the Performing Arts FOR Capital Fund - Raising Campaign For the Performing Arts and Conference Center 2017 This second Amendment ( "Amendment No. 2 ") is dated effective this 18th day of January, 2017, and is made between the City of Federal Way, a Washington municipal corporation ( "City "), and the Federal Way Coalition of the Performing Arts, a Washington nonprofit corporation ( "FWCPA "). A. The City and FWCPA entered into a memorandum of Understanding dated effective June 21, 2013 whereby the Parties, agreed upon their respective responsibilities in connection with the 2013 -2014 Capital Fundraising Campaign ( "Campaign ") for the Performing Arts and Conference Center ( "MOU "). B. The City and the FWCPA desire to amend the MOU to continue the responsibilities as described in the MOU by extending the term of the previous Amendment Capital Fundraising Campaign for the Performing Arts and Conference Center 2013 -2014 ( "Agreement ") dated effective June 21, 2013, as amended by Amendment No[1] as follows: NOW, THEREFORE, the parties agree to the following terms and conditions: 1. AMENDED TERM. The parties agree that the terms of the MOU are to remain in effect through February 28, 2017, or until the completion of the Performing Arts and Conference Center construction, whichever occurs first. 2. FULL FORCE AND EFFECT. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 1/2015 RETURN TO: U� � U al' (Lowj) EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: EWYloyY11 C �_ V eI QrhW t 2. ORIGINATING STAFF PERSON:��j�y� �(jh((� EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION XI CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: C opito1 FL'i06y- ISlnQ Lam m-kov) -b y y t l pocc^ 6. NAME OF CONTRACTOR: ADDRESS: Q p E -MAIL: jckAawqL SIGNAT NAME: FAX: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: (o Iil j {3 COMPLETION DATE: 12-12.1 11 LG ❑ ALL 9. TOTAL COMPENSATION $ 1✓Lior (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW 11. COUNCIL APPROVAL (IF APPLICABLE) W INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPARTMENT CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# X SIGNED COPY RETURNED COMMENTS: 11/9 INITIAL / DATE SIGNED 1242,24 1 V Al 1. o AG# _ r7- DATE SENT:" L/ 361 4- First Amendment To Memorandum of Understanding Between City of Federal Way and Federal Way Coalition of the Performing Arts Capital Fund - Raising Campaign For the Performing Arts and Conference Center 2013 -2014 This First Amendment ( "Amendment ") is dated effective this 1st day of January, 2015, and is entered into by and between the City of Federal Way, a Washington municipal corporation ( "City "), and the Federal Way Coalition of the Performing Arts, a Washington nonprofit corporation ( "FWCPA "). A. The City and Contractor entered into a Memorandum of Understanding dated effective June 21, 2013 whereby the parties agreed upon their respective responsibilities in connection with the 2013 -2014 Capital Fundraising Campaign ( "Campaign ") for the Performing Arts and Conference Center ( "MOU "). B. The City and the FWCPA desire to amend the MOU to continue the responsibilities as described in the MOU by extending the term of the MOU. NOW, THEREFORE, the parties agree to the following terms and conditions: Term. The parties agree that the terms of the MOU are to remain in effect through December 31, 2016 or the completion of the Performing Arts and Conference Center construction, whichever occurs first. 2. Definition of "City ". For clarification, the word "City" as used throughout this MOU shall also mean Mayor's Office and Finance Director. 3. Full Force and Effect. All other terms and conditions of the MOU not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY J' err 1, Mayor Date: ATTEST: Stephanie Cq;drtneK, CMC APPROVED AS TO FORM: City Atto e , Amy Jo Pearsall FEDERAL WAY COALITION OF THE PERFORMING ARTS Pksident W.10 5 STATE OF WASHINGTON) ss. COUNTY OF 11'1 On this day personally appeared before me Joann P. Piquette, to me known to be the President of the Federal Way Coalition of the Performing Arts that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said nonprofit corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. ;� jAt"Qand and official seal this Chi day of Oecem bee- , 2014. R J. D ►��i "Yq s ooT�M, m . (typed/printed name of notary) (P J�� A& C, 2 Notary Public in and for the t e of Washington. 4, ' '�o My commission expires � / G OF WAS`r�� K:\Agreements\M0Y\2014\Amend I — PACC Fund Raising MOU RETURN TO: Patrick Doherty EXT: 2612 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CED 2. ORIGINATING STAFF PERSON: PATRiCx noxE[tTY EXT: 2612 3. DATE REQ. BY:_ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. aoxn xEEr.,n�n noctrn�rrrs) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT (AG#): ❑ INTERLOCAL X OTHER MEMORANDUM OF UNDERSTANDING f 5. PROJECT NAME: ---- -- - ` ' ^^ �"'°�' 6. NAME OF OTHER PARTY: FEDERAL WAY COALITION OF THE PERFORMING ADDRESS: P.O. Box 24753, Federal Way 98093-1753 TELEPHONE 253-839-4389 E-MAIL: JODAWG@NNO.COM FAX: SIGNATURE NAME: JoAtvtv P�QUETTE TITLE P�sIDEtvZ' 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORTfY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON S�GNATUxE COMPLETION DATE: NoNE TOTAL COMPENSATION $ N/A (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLAYEES TIT[.ES AND HOLIDAY RATES) REIIb11BURSABLE EXPENSE: � YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: O CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: N/A 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR IIVITIAL / DATE REVIEWED I1�iITIAL / DATE APPROVED ❑ RISKMANAGEMENT (iF.�rLtcAa�) � ❑ LAW � �'"--_ . 11. COUNCIL APPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNC[L APPROVAL DATE: ���� '/ 12. CO CT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBTTS �❑ LAW DEPARTMENT �NATORY (MAYOR OR DIRECTOR� ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: 1/9 Memorandum of Understanding Between City of Federal Way and Federal Way Coalition of the Performing Arts Capital Fund-Raising Campaign For the Performing Arts and Conference Center 2013 - 2014 This Memorandum of Understanding ("MOU") defines the respective responsibilities of the City of Federal Way ("City") and the Federal Way Coalition of the Performing Arts ("FWCPA") in connection with the 2013 -2014 fundraising campaign for the Performing Arts and Conference Center. � � Recitals A. On March T9, 2013, the Federal Way City Council approved funding for schemaric design development for the Performing Arts and Conference Center ("PACC"). B. The Capital Fundraising Campaign (hereinafter referred to as the "Campaign") is divided into three parts: 1. Naming Rights funds for the overall venue; for the auditorium/theater; and for the conference center. 2. Pursuit of grant monies; 3. All other capital fundraising activities called the "Local Capital Campaign." C. The FWCPA and the City will jointly manage the process of securing naming-rights funding. D. The FWCPA will serve as managers of the grant-seeking process and Local Capital Campaign. E. The City will provide staff, and resources as outlined in this MOU. Now, therefore, the parties agree as follows: 1. Citv Responsibilities. The City agrees as follows: o The City shall provide a specific account for receipt of the fundraising monies and will administer the financial accounting of the account. o The City will assist the FWCPA in securing grants by providing assistance, which includes but is not limited to, gathering, creating or editing documentation, and/or providing technical support. o The City will collaborate with FWCPA on production of written infortnation for all Campaign promotional materials. o The City will collaborate with FWCPA on seeking naming-rights funding. o The City agrees to indemnify, defend and hold the FWCPA, its officers, directors, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitarion, their respective agents, licensees, or representatives, arising from, resulting from or connected with this MOU to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 2. FWCPA Resoonsibilities. The FWCPA agrees as follows: o Research, write and submit grant applications. o Manage the Loca1 Capital Campaign, its committees and volunteers. o Submit a11 funds collected from the Campaign to the City to be placed in the specific account as referenced in Section 1 above. o Collaborate with City on production of written information for all Campaign promotional materials. o The FWCPA will collaborate with City on seeking naming-rights funding. o Provide drafts of all promotional materials to be utilized in the Campaign for City stafF review and approval before distribution. o Provide Campaign donor financial and demographic records to the City on a monthly basis. o The FWCPA agrees to indemnify and hold the City, its elected officials, officers, employees, agents and volunteers harmless from any and a11 claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and a11 persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this MOU. 3. This MOU contains the obligations of both parties for the PACC Capital Fundraising Campaign and may not be changed or modified except by written agreement by both parties. Effective this� day of�)UXIe� , 2013. CITY OF FEDERAL WAY Skip Prie , Mayor Date: ��'� �i � � � 3 ATTEST: ity Clerk, Carol McNe lly, MC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FEDERAL WAY COALITION OF THE PERFORMING ARTS �-- ��-- gy; �. . Printed�Name: ��n � �� , i .�...� � � Title: ���E��'/ %� DATE: �i�/p_�,_,2ld- l3 STATE OF WASHINGTON ) ) ss. COUNTY OF � �n 1tlu'�s���ersonally appeared before me to wn to be the � o f ,� at ecuted the foregoing instrument, and acknowledged the said instrument to be the free an luntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GNEN myr ��a����,R�'o%al �. ��-� �',�i+ �'�i s ��T�R� �y i s �. � ,{ � ��''��l�ih �� � � q�������,�1 A!I k���.�`� seal this �� day of , 20� , y� Notary signature � Notary's printed name Notary Public in and for the State of Washington. � My commission expires j 2- 2'j • 1( Q