HomeMy WebLinkAbout07-11-2012 Agenda Packet
Les Gove Community Campus
July 11, 2012 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - May 22, 2012* (Snyder)
III.ACTION
A. Resolution No. 4837* (Faber)
Modification to Public Arts Contract with Virginia Paquette Previously Authorized
Under Resolution No. 4406.
B. Resolution No. 4835* (Snyder)
Resolution No. 4835 - Non-Profit Facilitator Services for the Auburn Community
Center at the Les Gove Community Campus
IV.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 57
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - May 22, 2012
Date:
July 2, 2012
Department:
Planning and Development
Attachments:
Minutes - May 22, 2012
Budget Impact:
$0
Administrative Recommendation:
For Information Only. See attached minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Wagner Staff:Snyder
Meeting Date:July 11, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 57
Les Gove Community Campus
May 22, 2012 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
A. Call to Order (Snyder)
Chair Rich Wagner called the meeting to order at 5:01 p.m. in Annex Conference
Room 2 located on the second floor of the One Main Professional Plaza, 1 East
Main Street, Auburn, Washington.
B. Roll Call
Chair Rich Wagner, Vice-Chair Largo Wales and Member Wayne Osborne. Staff
members present were Mayor Pete Lewis, Parks, Arts and Recreation Director
Daryl Faber, Planning Director Kevin Snyder, Finance Director Shelley Coleman,
and Project/Construction Manager Steve Burke, Planning and Development
Secretary Tina Kriss.
Also in attendance was National Development Council consultant Chuck
Depew, and Ron Harpel, AIA, BLRB Architects.
C. Announcements
There were no announcements.
D. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. April 11, 2012 Minutes (Snyder)
Vice-Chair Wales moved and Councilmember Osborne seconded to approve the
February 23, 2012 minutes as written.
Motion carried unanimously. 3-0
III. DISCUSSION ITEMS
A. Briefing from Chuck Depew, National Development Council, on Draft
Financial Feasibility Analysis for Community Center (Depew/Snyder)
National Development Council (NDC) consultant Chuck Depew guided the
Committee through a review of funding sources and uses for the Auburn
Page 1 of 4
CA.A Page 3 of 57
Community Center building. The current development budget detail costs total
approximately $10,335,447.00 or $496.90 per square foot with hard costs of
$400.00 per square foot. Mr. Depew pointed out this is a rather high number per
square foot. Chair Wagner noted that the City Hall Annex purchase agreement
was for $485.00 per square foot of rentable space and $385.00 per square foot for
area in excess of the rentable space which is comparable to the Community
Center cost. He discussed the revised development budget detail that included
financing costs of three percent (3%) along with interim interest for 18 months of
three and a half percent (3.5%), adding additional cost of $589,508.00 for a total
cost of $10,924,955.00.
Committee and Mr. Depew reviewed various funding opportunities available to
build a budget to fund the community center that included the HUD 108 long-term
loan program (20 year). Many cities and counties in Washington State are
realizing construction savings in public facilities through “privatization” of the
development process; from use of an Owner’s representative to manage the
process for them; to use of a Design/Build process; and use of a “63-20”
development finance approach. Committee and staff discussed creating a 501 (c)
(3) foundation if museum space was utilized within the community center as a
program. A Private Development Approach was reviewed along with New Market
Tax Credits. Mr. Depew discussed that using the Design/Build process and the
“63-20” development financing approach the project would not be subject to a
public works process, providing cost savings through development and
construction efficiencies.
Committee expressed their desire to reduce the cost per square foot without
compromising quality. Committee and Mr. Harpel discussed the use of the
drawings drafted for the City and the work needed to bring them up to the 2009
code standards; it would take approximately a month to update the drawings to
make them available for use. Committee concurred that if there really is a 20 to
30% savings for the project without loss to the quality of the building it would be
something to consider. Director Snyder stated the next steps would be to put out a
Request For Proposal (RFP) for a facilitator/developer. Committee will continue to
discuss these options.
B. Review of Draft Request for Proposals for Non-Profit Facilitator for
Auburn Community Center (Snyder)
Director Snyder explained the Request for Proposal (RFP) provided in the packet
is a draft built on the concept of a non-profit facilitator to assist in building the
facility. The facilitator/developer would get the development team in place as well
as provide operation as a single purpose non-profit corporation leasing to the
City. At the end of the lease period the facility would be turned over to the City
and would be owned outright by the City. Committee asked if transfer costs were
included and Director Snyder replied there are no transfer costs because this is
set up as a lease-back relationship. He further stated the City attorney’s office has
reviewed the method and they concur that the State of Washington allows this
approach for these types of construction opportunities.
Page 2 of 4
CA.A Page 4 of 57
Chair Wagner asked Mr. Harpel how long it would take to bring the design
documents up to the 2009 building code standards; Mr. Harpel stated it would take
a month to update the documents at a cost of $68,000.00 (without printing cost to
go to bid).
Member Osborne moved and Vice-Chair Largo seconded to issue a Request for
Proposal (RFP) for a non-profit facilitator for Auburn Community Center, Chair
Wagner concurred.
Motion unanimously moved. 3-0
Director Snyder stated staff will issue the RFP, publish twice, setting up
publication later this week and then publish over the next two weeks. Staff will
receive the responses within three (3) weeks (after the last publication) and have
an evaluation period to rate the responses. Director Snyder suggested waiting for
the RFP evaluation to be complete before updating the design documents.
Committee concurred. Member Osborne suggested the financing portion continue,
and Director Snyder stated it would be best not to begin the new market tax
credits and the “63-20” program at this time but begin on other State and
foundational alternative financing options. Committee concurred.
The next Committee meeting will be held July 11, 2012 unless a special meeting is
called by Chair Wagner on behalf of the Committee.
C. Update on Veterans' Administration Participation in the Les Gove
Community Center Project (Lewis/Hursh)
Mayor Lewis stated the City has a cost breakdown and plan for the veterans and
human services center and may want to add to it the community center
project. Once a complete package is ready, Mayor Lewis would like to submit it to
the King County Veterans and Human Services Levy as a project and to the US
Department of Veterans Affairs.
Community Services Manager Michael Hursh was unable to attend this meeting.
D. Status of Community Center Project Grant Submission to the
Legislature's Billion Dollar Jobs Bill (Lewis)
Mayor Lewis reviewed the status of the grant submission for the Community
Center project. The next step since the City is on the list is to submit a full
application. Mayor Lewis expects a response within 90 days.
Page 3 of 4
CA.A Page 5 of 57
IV. ADJOURNMENT
There being no further business to come before the Committee, the meeting was
adjourned at 6:37 p.m.
APPROVED this __________ day of _____________________, 2012.
_____________________________ _________________________________
Rich Wagner - Chair Tina Kriss - Planning Secretary
Page 4 of 4
CA.A Page 6 of 57
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4837
Date:
July 5, 2012
Department:
Parks/Art and Recreation
Attachments:
Resolution No. 4837
Resolution No. 4406
Agreement
Letter of Work Stopage
Budget Impact:
$0
Administrative Recommendation:
The Les Gove Community Campus Committee makes a motion to recommend approval
of Resolution No. 4837 to the full City Council.
Background Summary:
The Auburn City Council approved Resolution No. 4406 on October 20, 2008 authorizing
the Mayor to enter into an agreement with Virginia Paquette for the design, fabrication
and installation of two (2) public art pieces to be used in the lobby area of the proposed
Auburn community center. The approved art proposal included two separate elements
that would be installed in the lobby of the new Auburn Community Center inclusive of the
"Green River" a suspended stacked glass sculpture, and the "White River" a sculptural
wood collage made from joined pieces of the cherry wood felled from the site, and that
with this two-part project, the majority of the artist's budget was being allocated towards
the "Green River" with complicated engineering, logistics and expensive materials.
The contracted artist has been paid half of the total contract amount of $85,000
authorized by Resolution No. 4406. On June 1, 2009, the contracted artist was notified
by the City that her contract was being placed on an "on hold" status pending the City's
obtainment of funding for the construction of the Auburn Community Center, and as
such, no additional work has been completed by the artist. In May, 2012, the Les Gove
Community Campus Committee requested City staff and the Auburn Arts Commission
review the 1% for Public Art project initially developed for the Auburn Community Center.
On June 12, 2012, the Public Art Committee of the Auburn Arts Commission met to
discuss the Community Center Public Art project and are recommending that the City
modify its contract with the artist to redefine the project scope to focus on the creation of
artwork on the "White River" (wood) element and to remove the "Green River" (glass)
element.
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 7 of 57
The recommendation of the Public Art Committee of the Auburn Arts Commission would
require a renegotiation of the previously approved contract amount. In addition, the
Committee recommended to authorize the artist to initiate work prior to the completion of
the Auburn Community Center with the provisions that the artwork be built to the
specifications of the building and be stored and installed at a later date. The
renegotiation of the project scope and budget with the artist would allow the City to utilize
anticipated budget savings for the purpose of design the interior lobby space as a
gallery/museum area.
Reviewed by Council Committees:
Councilmember:Backus Staff:Faber
Meeting Date:July 11, 2012 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 57
--------------------------------
Resolution No. 4837
July 5, 2012
Page 1 of 3
RESOLUTION NO. 4837
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MODIFICATION OF A CONTRACT PREVIOUSLY
AUTHORIZED WITH THE PASSAGE OF RESOLUTION
NO. 4406 WITH VIRGINIA PAQUETTE FOR PUBLIC
ART AT THE AUBURN COMMUNITY CENTER AT THE
LES GOVE COMMUNITY
WHEREAS, the Auburn City Council approved Resolution No. 4406 on
October 20, 2008 authorizing the Mayor to enter into an agreement with Virginia
Paquette for the design, fabrication and installation of two (2) public art pieces to
be used in the lobby area of the proposed Auburn community center; and
WHEREAS, the approved art proposal included two separate elements
that would be installed in the lobby of the new Auburn Community Center
inclusive of the “Green River” a suspended stacked glass sculpture, and the
“White River” a sculptural wood collage made from joined pieces of the cherry
wood felled from the site, and that with this two-part project, the majority of the
artist’s budget was being allocated towards the “Green River” with complicated
engineering, logistics, and expensive materials; and,
WHEREAS, the contracted artist has been paid half of the total contract
amount of $85,000 authorized by Resolution No. 4406; and
WHERES, on June 1, 2009, the contracted artist was notified by the City
that her contract was being placed on an “on hold” status pending the City’s
obtainment of funding for the construction of the Auburn Community Center, and
as such, no additional work has been completed by the artist; and
ACT.A Page 9 of 57
--------------------------------
Resolution No. 4837
July 5, 2012
Page 2 of 3
WHEREAS, in May, 2012 the Les Gove Community Campus Committee
requested City staff and the Auburn Arts Commission review the 1% for Public
Art project initially developed for the Auburn Community Center; and
WHEREAS, on June 12, 2012, the Public Art Committee of the Auburn
Arts Commission met to discuss the Community Center Public Art project and
are recommending that the City modify its contract with the artist to redefine the
project scope to focus on the creation of artwork on the “White River” (wood)
element and to remove the “Green River” (glass) element; and
WHEREAS, the recommendation of the Public Art Committee of the
Auburn Arts Commission was to require a renegotiation of the previously
approved contract amount; and
WHEREAS, the recommendation of the Public Art Committee of the
Auburn Arts Commission also includes a recommendation to authorize the artist
to initiate work prior to the completion of the Auburn Community Center with the
provisions that the artwork be built to the specifications of the building and be
stored and installed at a later date; and
WHEREAS, a renegotiation of the project scope and budget with the artist
would allow the City to utilize anticipated budget savings for the purpose of
design the interior lobby space as a gallery/museum area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DOES RESOLVE as follows:
ACT.A Page 10 of 57
--------------------------------
Resolution No. 4837
July 5, 2012
Page 3 of 3
Section 1. Contract Modification Negotiations and Execution. The
Mayor and City Clerk are authorized to conduct negotiations for amendments to
the contract authorized by Resolution No. 4066, and upon successful conclusion
of said negotiations, execute a contract modification for project scope and budget
with Virginia Paquette for the provision of public art for the Auburn Community
Center at the Les Gove Community Campus.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directives of this legislation.
Section 3. Effective Date. This resolution shall be in full force and effect
upon passage and signatures hereon.
DATED AND SIGNED THIS _____ DAY OF_________________, 2012.
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
___________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
___________________________
Daniel B. Heid,
City Attorney
ACT.A Page 11 of 57
RESOLUTION NO. 44 0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A CONTRACT WITH VIRGINIA
PAQUETTE TO DESIGN, FABRICATE, AND INSTALL A PUBLIC
ART PIECE INTO THE DESIGNOF THE NEW AUBURN
COMMUNITY CENTER BUILDING AND SITE
WHEREAS, the City of Auburn is currently designing the new Auburn
Community Center; and
WHEREAS, the City desires to contract with Artist Virginia Paquette to design,
build and install artwork for this site; and
WHEREAS, the art work is to be an integrated design component of the Auburn
Community Center, requiring coordination befinreen the Artist and the City's architects
and contractor selected to construct the Auburn Community Center.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an
agreement with Virginia Paquette to design, fabricate, and install the integrated art work,
in substantial conformity with the agreement attached hereto and designated as Exhibit
A", and incorporated by reference in this resolution.
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
Resolution No. 4406
October 8, 2008
Page 1ACT.A Page 12 of 57
J10
SIGNED and DATED this day of October, 2008.
CITY OF AUBURN
P TER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP VE S TO FORM:~
Daniel B. i, City ttorney
Resolution No. 4406
October 8, 2008
Page 2ACT.A Page 13 of 57
AGREEMENT FOR ARTWORK
This Agreement is made: anct:entered into this a24" day of October, 2008, by and between the City
of Auburn, Washington, a municipal corporation of theState of Washington ("City") and VIRGINIA
PAQUETTE, whose address and phone number are, 5607 -16'h Avenue NE, Seattle, WA 98105;
206.524.6929. ("ArtisY')
WHEREAS, the City is currently designing the Auburn Community Center ("Center"); and
WHEREAS, the City desires to contract with Artist to design, build and install artwork ("Work") for the
Auburn Community Center; and
WHEREAS, the Work is to be an integrated design component of the Auburn Community Center,
requiring coordination befinreen the Artist, the City's architects, and the contractor selected to construct the
Auburn Community Center,
NOW THEREFORE THt CITYAND THE ARTIST IN CONSIDERATION OF THE CONDITIONS
AND COVENANTS HEREIN DO AGREE AS FOLLOWS:
ARTICLE 1. SCOPE OF SERVICE
1.1 GENERAL
The Artist shall, in consultation with the City's architect, BLRB Architects ("BLRB"), design
the Work, which shall be integrated into the over-all design of the Center. The Artist shall
also consult with BLRB in BLRB's design of the Center and BLRB's oversight of the Center's
construction.
The Artist shall be responsible for all services and shall furnish all supplies, material, and
equipment as necessary for the design, execution, fabrication, transportation and installation
of the Work at the Site.
The Artist shall coordinate the design, fabrication and installation of the Work with BLRB and
the contractor selected to construct the Auburn Community Center ("Contractor").
1.2 POST-INSTALLATION
A,_The City will provide photo documentation of the Work for City files. The City will
provide a copy of this documentation to the Artist.
B.The Artist shall be available at such time or times as may be agreed between the
City and the Artist to attend any presentation ceremonies relating to the transfer of
the Work to the City. The City shall use its best efforts to arrange for publicity for the
completed Work.
C.Upon installation of the Work, the Artist shall provide to the City written instructions
for appropriate maintenance and preservation of the Work.
1.3 FINAL ACCEPTANCE
A.The Artist shall advise the City in writing when all services required have been
completed in substantial conformity as presented to the Community Center
Subcommittee.
B.The City shall notify the Artist in writing of its final acceptance of the Work.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Paaa 1 of 7
ACT.A Page 14 of 57
1.4 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final acceptance,
and the Artist shall take such measures as are necessary to protect the Work from loss or
damage until final acceptance, including any protective measures necessary to prevent
damage to the Work during construction of the Center.
1.5 INDEMNIFICATION
The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and
employees harmless from and against any and all claims, causes of action or demands or
any form of liability of any nature arising out of the pertormance of the Work and the
obligations contained in this Agreement on the part of the Artist, the ArtisYs agents,
representatives, and employees except where such claims arise solely from the negligent
acts of the City, its agents, representatives, or employees.
1.6 TITLE
Title to the Work shall pass to the City upon final acceptance.
1.7 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and
submitted under this Agreement shall be returned to the Artist and shall belong to the Artist.
1.8 INSURANCE
The Artist agrees to obtain, and maintain during the term of this agreement comprehensive
liability insurance in minimum amounts of not less than ONE MILLION DOLLARS
1,000,000) per occurrence to protect the City, its agents, officers, and employees from any
claims by any person for damage to persons or property arising out of or resulting from the
Artist's performance under this Agreement. The insurance policy shall name the City OF
AUBURN as additionally insured. The policy shall require a minimum of thirty (30) days prior
written notice to the City of any cancellation or expiration of the policy or any modification of
any provisions of the policy. The Artist shall be required to provide a Certificate of Insurance
to the City prior to commencing performance underthe terms of this Agreement.
1.9 INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the Artist is an independent contractor and not the
agent or employee of the City and that no liability shall attach to the City by reason of
entering into this Agreement except as otherwise provided herein. The parties agree that
this Agreement may not be assigned in whole or in part without the written consent of the
City.
ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE
2.1 FEE
The City shall pay the Artistfor satisfactory completion of the artwork in the total fixed
amount of $85,000.00 (eighty-five thousand and no/100 U.S. Dollars) which shall constitute
full compensation for all services, engineering permits and materials to be performed and
furnished by the Artist under this Agreement except as noted under paragraph 2.4, Building
Construction Credits. All fees shall be paid in accordance with standard City business
practices. At each fee/fabrication Phase outlined above, the Artist will submit a brief written
report, which describes the progress to date, and invoice the City at that time.
2.2 PAYMENT
The first payment of 1/4 of $85,000. ($21,250.00) will be paid by the City to the Artist upon
signing this Agreement. The second payment of 1/4 of $85,000 ($21,250.00) will be paid by
the City to the Artist upon completion of and approval of final design drawings. The third
Resolution 4406Exhibit A
Agreement for Artwork/Community Center
Page 2 of 7
ACT.A Page 15 of 57
payment of 1/4of $85,000 ($21,250.00) will be paid by the City to the Artist upon completion
of fabrication. The final payment of the remaining 1/4 of $85,000 ($21,250.00) shall be
made to Artist no later than ten (10) days after the delivery and installation as specified in
this Agreement by Artist.
2.2 TAXES
The Artist is responsible for payment of all local, state, and federal taxes, which may be due
from the Work as a result of performance under this contract. Artist understand that taxes
are included in the agreed upon fee set forth in Article 2.1.
2.3 ARTIST EXPENSES
The Artist shall be responsible for the payment of all shipping charges, the costs of
transporting the Work to the Site, the costs of all travel by the Artist and the ArtisYs agents
and employees necessary for the proper performance of the senrices required under this
Agreement, and all other expenses related to the performance of this Agreement.
2.4 BUILDING CONSTRUCTION CREDITS
If The Work provides a functional building construction element that replaces an element
previously budgeted by BLRB in the cost estimate dated 9/3/2008, then a"crediY' for the cost
of that replaced element will be considered by the City of Auburn Community Center
Committee as a potential credit.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the Artist shall be completed in accordance with the schedule
for completion of the Center as established by BLRB Architects. Construction is anticipated
to begin in March 2009 and occupancy of the building is projected in April 2010.
ARTICLE 4. WARRANTIES
4.1 WARRANTIES OF TITLE
The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of
the Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and
original and does not infringe upon any copyright; (c) the Work has not, or a duplicate thereof
has not, been accepted for sale elsewhere; and (d) the Work is free and clear of any liens from
any source whatever.
4.2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants, except as otherwise disclosed to the City in writing and
in connection with submission of the Proposal, that the execution and fabrication of the Work
will be pertormed in a workmanlike manner; and the Work as fabricated and installed, will be
free of defects in material and workmanship; and reasonable maintenance of the Work will
not require procedures substantially in excess of those described in the maintenance
recommendations to be submitted by the Artist. The warranties described in this section
shall survive for a period of three (3) years after the final acceptance of the Work. The City
shall give notice to the Artist of any observed breach with reasonable promptness. The
Artist shall, at the request of the City, and at no cost to the City, cure reasonably and
promptly the breach of any such warranty which is curable by the Artist and which cure is
consistent with professional conservation standards.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 3 of 7
ACT.A Page 16 of 57
ARTICLE 5. REPRODUCTION RIGHTS
5.1 GENERAL
The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the
Work except ownership and possession and except as such rights are limited by this
Section. In view of the intention that the Work in its final dimension shall be unique, the
Artist shall not make any additional exact duplicate, three-dimensional reproductions of the
final Work nor shall the Artist grant permission to others to do so except with the written
permission of the City. The Artist grants to the City and its assigns an irrevocable license to
make representative photographic reproductions of the Work for non-commercial purposes,
including but not limited to reproductions used in brochures, media publicity, note cards, and
catalogues or other similar publications, provided that these rights are exercised in a manner
which depicts the integrity of the Work.
5.2 NOTICE
All reproductions by the City shall contain a credit to the Artist in the following form: "Title,"
year", "ArtisY".
5.3 CREDIT TO THE CITY
The Artist shall use her best efforts to give a credit reading substantially, "An original Work
owned and commissioned by the City of Auburn, Washington" in any public showing under
the Artist' control of the reproductions of the Work.
ARTICLE 6. ARTIST'S RIGHTS
6.1 IDENTIFICATION
The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist
shall provide to the City, for review and approval, specified plaque dimensions six (6) weeks
prior to the installation. The plaque identifying the work as outlined in Article 5.2 shall be
installed by the City.
6.2 MAINTENANCE
The City recognizes that maintenance of the Work on a regular basis is essential to the
integrity of the Work. The City shall make reasonable efforts to assure that the Work is
properly maintained and protected, taking into account the instructions of the Artist provided
in the maintenance agreement and shall make reasonable efforts to protect and maintain the
Work against the ravages of time, vandalism, and the elements.
6.3 REPAIRS AND RESTORATION
The City shall have the right to determine when and if repairs and restorations to the Work
will be made. The Artist shall not unreasonably withhold approval for any repair or
restoration of the Work. If the Artist unreasonably fails to approve any repair or restoration,
the City shall have the right to make such repair or restoration.
6.4 DEACCESSIONING OF THE WORK
In the circumstance where a commissioned artwork is physically part of the building or
landscape and it is not an independent object(s) that can be safely removed, the City may
require the Artist to waive VARA (Visual Artists Rights Act of 1990) in regards only to the
destruction of the artwork. Prior to the destruction of the artwork, the City will attempt to
contact the Artist and secure the situation. In the event thatthe remodeling of the building or
landscape destroys part of the artwork, the City will de-access the artwork and, at the
request of the Artist, remove any attribution to the Artist. The City reserves the right to
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 4 of 7
ACT.A Page 17 of 57
de-access artwork under the following conditions:
A.The Center or landscape is structurally or otherwise altered and can no longer
accommodate the Work,
B.The portion of the Center or landscape in which the Work is located is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or
has its surrounding environment altered in a way that significantly and adversely
impacts the Work.
C.The Center is sold or acquired by an entity other than City of Auburn.
D.There is a documented history of incident(s) that shows the Work is a threat to
public safety.
6.5 PERMANENT RECORD
The City shall maintain on permanent file a record of this Agreement and of the location and
disposition of the Work.
6.6 ARTIST ADDRESS
The Artist shall notify the City of changes in his/her address. The failure to do so within 30
days of said change, if such failure prevents the City from locating or notifying the Artist
where required under the terms of this Agreement, shall be deemed a waiver by the Artist of
the right subsequently to enforce those provisions of this Article 6 that require the express
approval of the Artist
ARTICLE 7. NON-DISCRIMINATION
The Artist shall comply with all federal, state, and local laws and ordinances prohibiting
discrimination and employment with regard to age, sex, race, color, creed, national origin, or
physical, mental handicap.
ARTICLE 8. NOTICES
Any notice required or permitted under this Agreement may be personally served or given in writing
and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to
the respective parties as follows:
Laurie Rose,Virginia Paquette
Cultural Arts Manager 5607 -16th Avenue NE
City of Auburn Seattle, WA 98105
Parks, Arts & Recreation Telephone: 206-524-6929
910 Ninth Street SE
Auburn, WA 98002
Telephone" 253-931-3043
Either party may, by like notice at any time, designate a different address to which notices shall be
sent. Notice in accordance with these provisions shall be deemed received when mailed.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 5 of 7
ACT.A Page 18 of 57
i
ARTICLE 9. TERMINATION
Either party may terminate this Agreement upon writtennotice to the other party if the other party
fails substantially to perform in accordance with the terms of this Agreement through no fault of the
party terminating the Agreement.
In the event of default by the City, the City shall promptly compensate the Artist for all services
performed by the Artist prior to termination. In the event of default by the Artist, all finished and
unfinished drawings, sketches, photographs, models, and other work products under this Agreement
shall become the City's property. The City shall compensate the Artist for all work as performed prior
to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages
sustained by the City by virtue of any breach of this Agreement by the Artist and the City may
reasonably withhold payments to theArtist untilsuch time as the exact amount of such damages due
the City from the Artist is determined.
ARTICLE 10. GENERAL PROVISIONS
10.1 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may not be
changed or modified nor any provision hereof waived except in writing agreed to by both
parties.
10.2 APPLICABLE LAW
This Agreement and the rights of the parties hereunder shall be governed by the interpreted
in accordance with the laws of the State of Washington and venue for any action hereunder
shall be in King County, Washington. This Agreement shall be construed in accordance with
any and all questions with respect hereto shall be determined by the laws of the State of
Washington.
10.3 COSTS TO PREVAILING PARTY
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its
reasonable costs and attorney's fees.
10.4 COMPLIANCE WITH APPLICABLE LAWS
In the pertormance of the Work, the Artist agrees to comply with all applicable state and local
laws, rules, and regulations.
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 6 of 7ACT.A Page 19 of 57
4
V '
ITY O
tRN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Vi
Daniel Heid, City Attor e
ARTIST
r.
VIRGINIA PAQUETTE
Tax 53 Y~
Resolution 4406 Exhibit A
Agreement for Artwork/Community Center
Page 7 of 7ACT.A Page 20 of 57
ACT.A Page 21 of 57
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4835
Date:
July 5, 2012
Department:
Planning and Development
Attachments:
Resolution
Budget Impact:
$0
Administrative Recommendation:
The Les Gove Community Campus Committee makes a motion to recommend approval
of Resolution No. 4835 to the full City Council.
Background Summary:
The Auburn City Council has identified the construction of a 20,100 square foot
community center at the Les Gove Community Campus as a priority capital project that
will benefit the public health, safety and welfare through the provision of educational,
cultural and social activities and large non-programmed community meeting spaces. The
City of Auburn has worked with a team of professionals to complete the design process,
prepare construction bid level drawings and obtain all necessary permits for the
Community Center. The City has secured funding for a portion of the total cost of the
Community Center, but a funding gap remains. The City has determined the need to
identify and explore alternative means of funding to address this funding gap including
one or more or combination thereof of 63-20 tax exempt bonds, New Market Tax Credits,
city funds, non-profit institutional grants and other local, state, regional or federal funds.
City staff conducted substantive research and analysis and identified that the services of
a qualified non-profit facilitator should be sought to assist the City in the development
and operation of the community center through single asset/bankruptcy remote 501(c)(3)
entity creation and implementation, project financing structuring, coordination and
compliance, real estate development oversight and management and asset
management and operation. A possible deal structure with the selected Non-Profit
Facilitator could consist of the following key actions: non-profit facilitator selected by the
City; Non-profit facilitator creates a single-purpose nonprofit corporation; single-purpose
non-profit corporation contracts with a developer for design consultation services and
construction of the facility; city leases facility from single-purpose non-profit corporation;
single-purpose non-profit corporation contracts for facility operations and maintenance
during the lease period; and, facility is turned over to the City at no cost at the end of the
lease.
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 22 of 57
City staff, after consultation with the Les Gove Community Campus Committee, issued a
Request for Proposals for non-profit facilitator services with a submittal deadline date of
June 22, 2012 and advertised in the May 25, 2012 and June 1, 2012 editions of the
Seattle Times and the Daily Journal of Commerce, respectively, as well as publication of
the Request and relevant associated information on the City's web site. The City
received one (1) response to the Request for Proposals from the National Development
Council, a national non-profit community and economic development organization
founded in 1969 whose stated key purpose is to increase the flow of capital to
underserved urban and rural areas across the United States. City staff reviewed the
response from the National Development Council and found it to be in substantial
conformance with the requirements of the Request for Proposal.
Reviewed by Council Committees:
Other: Legal; Parks, Arts and Recreation; Mayor's Office
Councilmember:Wagner Staff:Snyder
Meeting Date:July 11, 2012 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 23 of 57
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