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Home My WebLink About4Culture Grant 01/01/16DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-BC9D-742FBOAFEC60 DaeuSlgn Envelope ID: 3FA$F$CA43618-4Eg"C9D-742FBOAFEC60 BUILDING FOR CULTURE GRANT INFORMATION (TAX-EXEMPT BUND PROCEEDS) GRANT RECIPIENT INFORMATION City of Auburn Maija McKnight Arts Coordinator 2840 Riverwalk Drive SE Aubum, Washington 98002 m m ckn fight @ a u bu mwa.gov (253) 8045043 a CULTURE Tec 206 296.7580 Fi(x 206 296.8629 vim 711 101 PREFONTAINE PLS SEATTLE WA 98104 WWW.4cuLTURR.ORO Your Contract #:115790A K C Bonds Arts Cultural Facilities - 300401 Ordinance #:18181 PROGRAM INFORMATION Attached is your Contract with 4Culture for $200,000.00 for the Creation of the Auburn Arts Center project. The contract starts on 01/01/16 and remains open until the Public Benefit is fulfilled. For questions, contact Debra Twersky at debra.twerskV@4ult4re.org or (206) 263-1610. SCOPE OF WORK 4Culture, the Cultural Development Authority of King County; will reimburse the City of Auburn for satisfactory completion of the services and requirements as specified below, in an amount not to exceed $200,000.00, for expenses associated with the Creation of the Auburn Arts Center, as described in the proposal attached to this contract. Paymerit will be made available In the following manner: PHASE 1: Acquisition of the property, including architectural and engineering expenses incurred as part of the renovation plans for the new Auburn Arts Center, for up to $200,000.00. Requests for reimbursement may be submitted In one or more invoices for multiple phases as costs'are paid. Accompanying the 4Culture invoice(s) for these expenses.shall be documentation that identifies vendor's and details the work performed and dates the ezperlses were Incurred. Such documentation shall include, but Is not limited to, proofs of purchase, work orders or receipts for purchases. Documentatidn for property acquisition should consist of a signed purchase and sale agreement, or preliminary HUD settlement statement, with escrow instructions. NOTE: ONLY "CAPITAL COSTS" are eligible.for reimbursement under this contract. All funds must support facilities and/or equipment Intended for 30 year use and valued as depreciable assets, not expensable as part of annual operations. 4COLTHE PAGE 1 DWT 28631 E.S 1 v6 0060585-000001 DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-BC9D-742FBOAFEC60 D6W$Wn Envelope to: 9FA6F6CA-0618-4EOB-8C9D•742FBOAFECBO PUsuC•BENEFrr 4Culture Is providing funds to support the City of Auburn for the acquisition of property to become the Auburn Arts Center, in order to allow the City of Auburn to better serve its mission and provide the citizens of King County with sign.ificant public benefit. The City of Auburn Will be committed to providing public arts experiences for a period of no less than 10 years. During that time, the public will regularly have access to the City of Auburn's new Auburn Arts Center facility and/or programs, and will benefit from the following types of potential arts opportunities: Regularly scheduled free or pay -what -you -can access to exhibits and displays presented in the faeility supported by this grant • Regularly scheduled cultural programs produced by City of Auburn offered to King County residents and visitors at other sites in the community o Access to community special events and meetings held on the site • Access to educational program's held in the facility that are targeted to underserved King County populations such as students, senior citizens, or other specific audiences e Rental of the facility or studio spaces at significantly below market rate to other non-profit arts grid cultural groups or individual artists The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King County and to track the number of public benefit events and audiences served by such programs BRANT RECIF40fT INSTRUCTIONS Please electronically sign this Agreement within two weeks of receipt and return any required enclosures. You will not be able to make changes to this Agreement. If thereis an error in the document, or if you need to request changes In your Scope of Work or other items, please contact your Program Manager listed above. I. SCOPE OF WORK - Please review the information, Scope of Work, and Public Benefit sections above carefully. These, explain the work you are agreeing to perform in accordance with the application you submitted to 4Culture. 2. ENCLOSURES — Please download and complete any required enclosures listed below and e-mail to 4Culture at arta hments04culture.oriz. Enclosures with private information (e.g. social security numbers on a W-9} may be mailed to 4Culture,101 Prefontaine PI S, Seattle, WA 98104-2672. a. Items to be returned at the time you sign the Agreement: W-9 Certificate Of Liability Insurance or Letter of Self Insurance If your property Is owned by an individual or for-profit business: Legal description of real property on which Project is located (Contact staff if you are not able -to provide this information) 4CUL1911 PAGE 2 DWT286313SIv6 006058S4M1 Docu&dn Envelope ID: 3FA6F5CA-0618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA-D618-1E9B-8C90-742FB0AFEC60 3. REQUESTING PAYMENT - Once your 4Culture contract Is signed by both you and 4Culture, your new grant will be listed in ydLir account at applv.4culture.ore under -the Manage Awards section along with any prior awards. To be reimbursed for your project expenses, follow the "Request Payment" button link next to the relevant contract and complete the Payment Request form. You may subunit a request for either a partial payment or final payment per the Scope of Work detailed In this contract. it is up to yoo to track the remaining balance In a grant. You will not see it listed In this system. if you need that information, please contact Debra Twersky. Provide a brief description of the work done under this invoice and how it relates to your facilities project, or if a final request, how the project is Impacting your organization, under the "public benefit" section of the invoice form. Provide dates that the work took place. That information is the only narrative report you'll provide. You must upload these required attachments Bul IdIng For Culture invoice; Recelpt(s) for all iiubrk done as part of this payment request that equal or exceed the total amount you are requesting. if you have a lengthlist df PDFs please include an excel or adding machine tape totaling the receipts 'and gang together receipts whenever possible With your final invoice: One or two photographs of the project if you were asked to provide additional documents when you signed the contract such as a W-9 Form, a Certificate-pf Liabilitynaming 4Culture as additional insured, or, for public entities, a letter of self-insurance, you should have sent those in already. YOU may also neBu W Pf Vy uc ........... — project before we can make a pjyment if you are making improvements to privately owned property. Your program manager will advise you about this requirement. • �YOLI( UTDICG uv,•on n. ..� .��... .�,._....,rs requirecLtO provide verification that your Imorovements ars Grant Recipient shall provide the 4Culture with verification that the plans and specifications for any Project that is for historic preservation of historic landmarks meet the requirements of any federal, state, and local authority having jurisdiction to assist 4Culture in complying with Its obligatipri to verify such plans -and specification to the County pursuant to Section 7.4 of the Implementation Agreement. Once you have submitted your Payment Request electronically, your program manager is notified by the system — you do not need to emal I us. He or she will review and approve the invoice, and we will send you a check (Usually within 14 days). If any of the forms are filled out incorrectly, we will contact you. 4CULTURITAGE 3 DWT286319SIv6 00605&S-o000D1 DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 9FASFSCXDUI84E9B-8C9D-742FBOAFEC80 4CULTURE WILL NOT REIMBURSE YOU FOR ANY COSTS THAT ARE NOT CAPITAL COSTS. 4. 4CULTURE LOGO — for details of the requirements for acknowledging 4Cuiture support, please refer to Section II, D. of. tfte Agreement. The 4Culture logo is available for download in PDF, EPS, and Jpeg formats. 5. SIGNATURE — Follow the link in the e-mail message - you will be walked through a few simple steps to read and sign the Agreement at DocuSign. A copy of the Agreement will be e-mailed to you as a PDF after it has been signed by 4Culture's Executive Director. 4CULiU1E PAGE 4 V*T 28631851 v6 OOGQ585-MI DocuSldn Envelope ID: 3FABF5CA-D618-4E9B-8C9D-742FBOAFEC60 DocvSign Envelope ID: 3FASF5CA-06184E9B-8C9D-742FBWEC80 BUILDING FOR CULTURE GRANT AGREEMENT (TAX-EXEMPT BOND PROCEEDS) This BUILDING FOR CULTURE GRANT AGREEMENT (this "Agreement') is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY r4CULTURE'), whose address is 101 Prefontaine PI S. Seattle, WA 98104-2672 and telephone number is (206) 2964580 and the Grant Recipient as named on the attached Grant Information Sheet. Grant Recipient is an arts, c6hural, heritage and preservation nonprofit organization, local public agency or owner df designated historic structures within King County qualified to receive funds pursuant -to King County Code Sections 2.48 and 4.42 and RCW 67.28.180. BACKGROUND In the summer of •2095, 4Cuftum and King County (the "County") established the buildingfor Culture Program, a partnership to provide capital grant funding to arts, cultural, heritage and preservation nonprofit organizations, local public agencies and owners of designated historic structures within King County. 4Culture subsequently solicited proposals from arts, cultural, heritage and presentation ndnprofit organizations, local public agencies and owners of designated historic structures within King County for Building for Culture grant funding to support such cultural facilities capital projects. The County and 4Culture entered into an Agreement for Implementation of the Building for Culture Program, dated December 4, 2015 (the "Implementation Agreement") formalizing the Building for Culture Program. Th'e Implementation Agreement designates the Building for Culture Program projects, Including the approved grant recipients and giant amounts. In the Implementation Agreement, the County agreed to provide Bond financing for the Building for Culture Program, the debt�service for which will be paid with certain Hotel -Metal Tax Revenues. 4Culhire agreed to administer the Building for Culture Program, including negotiating and entering into grant agreements pursuant to which 4Culture will distribute Bond proceeds to grant recipients. To provide funds for the Building for Culture Program, the County enacted Ordinance 18180 (the "Bond Ordinance"), which authorized the issuance of the issuance and public sale of one dr'mdre Series of limited tax general obligation bonds of the County in an aggregate original principal amount not to exceed $29,000,000. Arty Series of Bonds may be issued and sold as either Tax -Exempt Bonds or Taxable Bonds, as determined by the County Finance O.irecwr. The County expects to issue a Series of Tax:Exempt Bonds and a Series of Taxable Bands on February 23, 2016. Grant Recipient's Project was approved for funding pursuant to the Implementation Agreement. Under this Agreement, Grant Recipient shall utilize grant funds for the Project to build, maintain, expand, preserve and/or improve new and/or existing cultural facilities In King Courity. The legislative aufhority of 4Culture has found and declared that In so doing, the Grant Recipient will enhance access to art museums, cultural museums, heritage museums, historic structures, and/or the performing arts for the benefit of the people of King County. The legislative authority of 4Culture has further found and declared that such use of such grant 4culuuR! PAGE,5 DWT 2863185 M 006,0585-000001 DocuSign Envelope ID: 3FA6F5CA-0618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope Ip: 9FABF50A-DB184E9B$C8D-742FBOAFECBo funds is consistent with the purposes set forth In RCW 67.28.180 ("Public Benefits"). The legislative authority of 4CUlture has also further found and declared that providing funds to Grant Recipient to reimburse Project Costs in consideration of providing the Public Benefits hereunder constitutes a public purpose within the meaning of Article VII, Section 1 of the Washington State Const.itution for which public funds may properly be expended or advanced. AGREEMENT 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 mutuafiy agree as follows: 1. DEFINITION OF KEY TERMS The following capitalized terms, not otherwise expressly defined in this Agreement, shall have the meanings assigned below. Bonds means limited tax general obligation bonds of the County issued to provide financing for the Building for Culture Program and to pay costs of issuing the Bonds. Code means the federal Internal Revenue Code of 1986, as amended, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the United States Treasury Department or the Internal Revenue Service. Grant means the grant of funds to the Grant Recipient for the Project in the aggregate amount set forth on the attached Grant Information sheet. Hotel --Motel Tax Revenues means all of those revenues generated by the taz authorized by RCW 67.28.180. Project means the Grant Reciplent's Building for Culture Program project Identified on the attached Grant Information Sheet and as described generally by a Project Proposal and Budget made by the Grant Recipient, and more specifically by a final agreed upon Project Scope of Work as drafted by 4Culture, including an identified Public Benefit. Project Costs means Grant Recipient's actual Project Costs to the extent those costs are (a) capital expenditures for federal income tax purposes within the meaning of Section 1.150- 1(b) of the Code, (b) reasonable, necessary and directly used for the Project, and (c) eligible or permitted uses of the Grant under the legislative acts of the County and 4COlture authorizing the Building for Culture Program, including, without limitation, the Bond Ordinance and under this Agreement. Project Costs do not include internal costs charged to the Project by Grant Recipient or payments made to Related Parties. Related Parties means, in reference to governmental units or 501(c)(3) organizations, members of the some controlled group within the meaning of Section 1.150-1(e) of the Code, and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a related person as defined in Section 144(a)(3) of the Code. Series or Series of Bonds means a series of Bonds issued pursuant to the Bond Ordinance. 4CULTURE PAGE 6 DWI' 28631851 A 00605 85-00 000 1 DocuSl§n Envelope ID: 3FA6F5CA-D618-4E9B-BC9D-742FBOAFEC60 D=Sl.gn Envelope ID: 3FA6F$CA-06184E9B-BC9D-742FBOAFE660 Taxable Bonds means Bonds of any series determined to be issued on a taxable basis pursuant to the Bond Ordinance. Tax -Exempt Bonds means Bonds of d y series determined to be issued on a tax-exempt basis pursuant to the Bond Ordinance. 11. BUILDING- FOR CULTURE GRART Effl-JEO IMPI OF WgRIS A. The Grant Recipient shall undertake the Project and comply with the requirements set forth hereinafter and in the Project Scope of Work set forth in the Grant Information sheet attached to this Agreement. B. Funds awarded under this Agreement shall'be used solely to reimburse the Grant Recipient for Project Costs incurred expressly and solely in accordance with the Project Proposal and Budget. Any amendment or modification to the Project Proposal and Budget or the ProJect Scope of Work must be approved in writing by 4Cuiture. No expenditures made prior to July 25, 2015 (60 days before the Executive Finance Committee of the County adopted its "Official Intent" motion concerning expenditures associated with the Building for Culture Program bonds program on September 23, 2015) for Project Costs will be reimbursed. C. County Reallocation of Grant Funds. Grant Recipient acknowledges that, pilr'suant to Section 6 of the Implementation Agreement, (i) if within twenty-four (24) months following the date of issuance of the Bonds, 4Culture advises the County that the Grant Recipient will not be able expend a sufficient amount of reimbursable funds on its Project to enable 4Culture to 631mbVse Grant Recipient for the full amount of its Grant funds within .thirty-six (36) months following the date of Issuance of the Bonds or (ii) if any allocated funds remain unexpended upon the completion or termination of a Project, then the County May reallocate such unexpended funds to other Building for Culture Projects or to pay, redeem or defense Bonds. In such event, and if the County elects to reallocate such funds; this Agreement shall be modified to reduce the amount of Grant funds available to the Project. Grant Recipient shall exercise its best efforts in a timely manner to keep 4Culture informed as to Grant Recipient's progress in completing the Project, D. The Grant Recipient agrees to use any improvement acquired, constructed, or improved and any fixed assets purchased through this Agreement to provide Public Benefits for the term of this Agreement. Should the Grant Recipient, prior to the expiration of this period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement acquired, constricted or improved or the equipment purchased hereunder, Grant Recipient shall notify 4Culture thereof and, upon 4Cuiture's request, without limiting any remedy at law or in equity otherwise available to 4Culture, such improvements (to the extent practicable) and such equipment shall be transferred, without additional consideration to a King Courity based non-prdfit art, cultural or historic organization selected by 4Culture in its sole discretion. 4CUM11 PAGE DWT 28631831 v6 0060585-000001 DocuSign Envelope ID: 3FA6F5CA-D618-4E98-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA.Ml&4EWgCOD-742FBOAFEC60 E. Grant Recipient agrees to acknowledge 4Culture support in any permanent signage produced for the Project, and all marketing and promotional materials, websites, brochures, press releases, advertisements, signage and other related materials during the period this Agreement is in force, either with the credit line °this project was supported, in part, by an award from 4Culture/King County Building for Culture Program°, and/or by the use of the 4Culture logo. F. The Grant Recipient agrees to notify 4Culture whenever possible In advance of any Project Public Benefit activities, ground breaking events or dedications. G. Any Project involving construction, restoration or rehabilitation work on an historic structure Is subject to the following additional requirements: 1. Any rehabilitation and/or restoration project involving an historic resource listed on the National Register of Historic Places or a local landmarks register, or determined eligible for said registers including a resource in process of nomination, must adhere to The Secretary of the Interior's Standards for Tmatment of Historic Properties. 2. Any rehabilitation and/or restoration project that would affect any designated features) of significance of a King County Landmark or local landmark designated by way of an interlocal agreement for preservation seniices with the County, including a contributing property located within an historic district, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or commencing construction. 3. Any rehabilitation and/or restoration project that would affect a designated landmark located In a jurisdiction that is a Certified Local Government (CLG) with professional staff, must provide evidence that it has received any formal approval required by law from a qualified design review board prior to obtaining a building permit or commencing construction. 4. Grant Recipient shall provide the 4Culture with verification that the plans and specifications for any Project that is for historic preservation of historic landmarks meet the requirements of any federal, state, and local authority having jurisdiction to assist 4Culture in complying with its obligation to verify such plans and specification to the County pursuant to Section 7.4 of the Implementation Agreement. ill. URATIQN OF AGREEMENT This Agreement shall commence on the date noted on the Grant Information Sheet and shall terminate upon the later of (1) the tenth anniversary of the completion of the Project Scope of Work and payment of the final invoice therefor or (2) the termination of the Implementation Agreement (fifteen (15) years following the first date of issuance of any Series of BO ds, or the longest term of any Series of Bonds, whichever Is longer). This Agreement,. however, may be terminated earlier as provided in Section V hereof. 4C.ULTURE PAGE 8 DWT28631851v6 0050585-000001 DocuSion Envelope ID: 3FA6F5CA-D616-4E9B-6C9D-742FBOAFEC60 D=Sign Envelope 1D: 3FA6F SCA-D6184E9B4COD-742FBWEC60 IV. GMNT DISBURSEMENT AND METHOD OF* YMENT A. 4Culture shall make disbursements of Grant funds In an aggregate amount as indicated on the Grant Information Sheet solely to reimburse the Grant Recipient for -its actual and authorized expenditures Incurred in sattsfactonly completing the Project Scope of Work and otherwise fulfilling all requirements specifed in this Agreement. B. If the approved Project Scope of Work expressly specifies distinct phases of the Project for cost reimbursement, Grant Recipient may apply to 4Culture for reimbursement upon completion of each such specified phase instead of waiting until completion of the entire Project. C. All invoices for reimbursement shall include documentation that identifies vendors, details costs for labor and materials and specifies the equipment purchased pursuant to this Agreement (make and model #). Such documentation shall include, but may not be limited to, purchase orders or receipts for purchases. D. Accompanying the final Invoice for the project, the Grant Recipient shall also submit a brief project status report and digital images of publishable quality for use by 4Culture to publicize the Building for Culture Program. Technical specifications required for image files are available in the "Manage Your Award" section of the 4Culture website. E. All Grant disbursements are subject to site inspection and approval by 4Culture. F. If the Grant Recipient fails to comply with any terms or conditions of this Agreement or to provide in any manner the work or services agreed to herein, 4Culture may withhold any disbursement of Grant funds to the Grant Recipient until 4Culture is satisfied thiat corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of the 4Cu1ture right to terminate this Agreement as provided In Section V, any other rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or in equity. V. TERMINATIOIN OF AGREEMENT A. If, through any cause, the Grant Recipient shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement or if the Grant Recipient shall violate any of its covenants, agreements cr stipulations of this AgreeXrient, 4Cult6re may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4CUIture shall submit written notice to the Grant Recipient describing such default or violation. 4Culture shall not. so terminate this Agreement if 4Culture determines that Grant Recipient has, within twenty (24) days of the date of such notice, fully corrected such default or violation. aeuuuee PAGE 9 DW1728631851 v6 0060585-000001 DocuSign Envelope ID: 3FA6F5CA-D618AE9B-8C9D-742FBOAFEC60 DocuSign Ertid*e ID: 3FABFSCl-D818-4E9B•8C8D-742FBOAFEC60 B. Reimbursement for Project Costs Incurred by the Grant Recipient. and not otherwise paid for by 4Culture prior to the effective date of a termination under subsections B and C herein, shall be as 4Culture reasonably determines. C. In the event of termination for cause, the Grant Recipient shall, immediately upon 4Culture's request and in addition to any and ail other remedies available to 4Culture in equity or at law, return to 4Culture immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by 4Culture arid all equipment, personal property and trade fixtures acquired as part of the Project Scope of Work. Vl, PRESERVED] VII. MAINTENANCE OF RECORDS A. The Grant Recipient shall maintain accounts and records, including personnel, property, financial, insurance grid programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accoun#ing for all Grant funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and servides 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. Vol. AUDITS APID EVALUATIONS A. The records and documents with respect to ail matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture, the County and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Grant Recipient shalt provide right of access to its facilities, including by ariy subdontractor to 4Culture, the County, state and/or federal agencies or officials at all reasonable times In order to monitor ari�d evaluate the services provided under this Agreement. 4Culture will give advance notice to the Grant Recipient in the case of fiscal audits to be conducted by 4Culture. C. The Grant Recipient agrees to cooperate with 4Culture in the evaluation of the Grant Recipient's performance under this Agreement 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 Chapter 42.36 RCW (Public Records Act). IX. 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. aCuuueE PAGE 10 DW7286318S1v6 0060585000001 DocuSign Envelope ID: 3FA6F5CA-DB18-4E9B-8C9D-742FBOAFEC60 DowSign Envelope ID: 3FA6F5CA-D818.4E96-8C9D-742FBOAFEC60 X. OWNERSHIP OF PROJECT Grant Recipient and 4Cutture agree and acknowledge that the real.propefty improved and the personal property and fixtures acquired as part of the Project are not owned by 4Cuiture and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased under this Agreement. Grant Recipient shall not pledge or assign its rights to reimbursement hereunder to any third party for any reason, Including, without limitation, to suppliers or subcontractors as security for Grant Recipient's obligations to such third parties. XI. GRANT RECIPIENT IS INDEPENDENT CONTRACTOR In providing services under this Agreement, the Grant Recipient is an Independent contractor, and shall determine the means of accomplishing the results contemplated by this Agreement Neither the Grant Recipient nor its officers, agents or employees are er>lployees of the 4Culture for any purpose. The Grant Recipient shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment. The Grant Recipient 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 perforrrrande of and compensation for these services. The Grant Recipient and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Cult'ure employee urider state or local law. 4Cuiture assumes no responsibility for the payment of any compensation, wages, benefits. or taxes by, or on behalf of the Grant Recipient, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Grant Recipient shall protect, defend, indemnify and save harmles's 4Culture and the County and their respective officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Grant Recipienfs failure to pay any such compensation, wages, benefits, or fazes; (2) the supplying to the Grant Recipient of work, services, materials, or supplies by Grant Recipient employees or other suppliers in connection with or support of the performance of this Agreement The Grant Recipient shall also defend, indemnify, and save harmless 4Culture and the County and stair respective its officers, agents, and erfnployees, from and against any and all claims made by Grant Recipient's employees arising from their employment with Grant Recipient. XII. HpLp HARMLESSNDEMNIFlCATION To the full extent provided by applicable law, the Gant Recipient shall protect, defend, indemnify, and save harmless 4Culture and the County and their respective 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 Grant Recipient, its officers, employees, and/or agents, except to the extent resulting from 4Culture's or the County's sole- negligence. olenegligence. If this Agreement Is a °a covenant, promise, agreement or understanding Jin, or in connection lruith or whaterai to, a contract or agreement relative to the constrlidtion, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, 4CULTUR6 PAGE 11 Dlilrr 28631851 vt6 00605as-000001 DocuSlgn Envelope ID: 3FA6F5CA-D618-4E9MC9D-742FBOAFEC60 DocuSlgn Envelope ID: 3FA6F6CA061"EDMC9D•742F 3oAFEC60 road, railroad, excavation, or other structure, project, development, or improvement attached to real estate' within the meaning of RCW 4.24.225, the Grant Recipient shall so protect; defend, 'indemnify, and save harmless 4Culture and the County and their respective officers, employees, and agents only to the extent of the Grant Recipient's, its officers', employees', antllor agents' negligence. &CULTURE PAGE 12 Dwr 2863185 iv6 W6058S-00MOI •DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-SC9D-742FBOAFEC80 DmSign Envelope,ID: 3FMF6CA-MIS.4E9648COD-742FBOAFEC60 The Grant Recipient agrees that its obligations under this subpes6raph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture or the County incurs any judgment, award and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Grant Recipient. )a11. INSURANCE REGIJIREMENTS A. Grant Recipient shall procure, at its sole cost and expense, Corrimercial General Liability 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 Grant Recipient, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Grant Recipient or subcontractors. Each policy shall be written on an "Occurrence" basis. B. Minimum Scope of Insurance shall be Insurance Services Office form number (CG 00 01 Ed. 11-88)~—Minimum Combined Single Limit of $1,000,000 BI & PO with a General Aggregate per project. C. 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 be the sole responsibility of the Grant Recipient. Self -Insured entities may provide a letter attesting to that fact in lieu of a COLI. D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability Policies a) 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 Grant Recipient in connection with this Agreement. b) To the extent of the Grant Recipient's negligence, the Grant Recipients insurance coverage shall be primary insurance as respects 46lture, ifs officers, employees, and agents. Any insurance and/or self -Insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Grant Recipient's insurance or benefit the Grant Recipient in any way. C) The Grant Recipient'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. 4CULTURE PAGE 13 DWr 3863185lv6 0060565000001 DocuSign Envelope ID: 3FABF5CA-D618-4E9B-BC9D-742FBOAFEC60 DocuStn Envelope ID: 3FABF5CA-D81 B-4E88.BC9D-742FBOAFEC60 2. All Policies a) 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 Agreement. No material change, or cancellation or nonrenewal of ariy policy required by this Agreement shall occur without thirty (30) days' prior written ndtice to 4Culture. E. Acceptability of Insurers Unless otherwise approved in writing by 4Cufture, insurance Is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. F. Verification of Coverage 4Culture, reserves the right to request that contractor submit documentation evidencing compliance with all requirements set forth above. XIV. 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 Grant Recipient agrees to abide by all the conditions of said Chapter. Failure by the Grant Recipient to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Grant Recipient 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 Project Scope of Work funded herein, has or shall have any beneficial interest, directly or indirectly, in this Agreement. The Grant Recipient further represents, warrants and covenants neither it nor any other person beneficially interested In this Ag bamerit has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in carinection with this Agreement. The Grant Recipient shall take all appropriate steps to assure compliance with this provision. 4CULrURE PAGE 14 DW 2863185 rv6 006O5R5-NODDI DocuSign Envelope ID: 3FA6F5CA-D616-0E9B-8C9D-742FBOAFEC60 DocuSign Enyalope to: 3FA6F6CA D818.4E98-8COD-742FBOAFEC&0 XV. NONDISCRIMINATION During the performance of this Agreement, Grant Recipient agrees that it shall not discriminate on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualifications. Notwithstanding the definition of contract as set forth in KC.C. chapter 12.19, the provisions of that chapter and related administrative rules shall apply to this Agreement and are incorporated herein by this reference. They are also available online at: httowkinocounty Douloperations/procurement/services/ ual benefits x Grant Recipient shall comply fully with an applicable federal, state and local lams, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, chapter 4®.60 RCW, and Titles Vi and VII of the Civil Rights Act of 1964. Any violation of this provision shall be'considen3d a default of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Agreement and may result in ineligibility for further agreements with the County and/or 4Culture. The Grant 'Recipient shall maintain, until 12 months after completion of all work under this Agreement, all vvritben quotes, bids, estimates or proposals submitted to the Grant Recipient by all businesses seeking to participate in this Agreement. The Grant Recipient shall make such documents available to the 4Culture for inspection and copying upon request. XVI. TAX COVENANTS OF GRANT RECIPIENT Grant Recipient acknowledges that the Grant will be funded from the proceeds of Tait Exempt Bonds and that the uses of the Grant proceeds and the Project by Grant Recipient may impact the continued tax-exempt status of the Tax Exempt Bonds. Grant Recipient agrees take any and all actions reasonably. requested by 4Culture or the County necessary to prevent interest on any Tax -Exempt Bonds from being included in gross income for federal income tax purposes. Grant Recipient further agrees that R will neither take any action nor make or permit any use of Grant funds or other (or of any other funds that may be deemed to be proceeds of such 'Tax -Exempt Bonds pursuant to Section 148 of the Code), at any time during the term thereof, that will cause interest on such Tax -Exempt Bonds to be included in gross income for federal Income tax purposes. XVII. ADDITIONAL COVENANTS OF GRANT RECIPIENT Grant Recipient covenants as follows: A. CDmpliance with Laws. Grant Recipient shall comply with all applicable laws, rules, regulations and orders of any court or governmental authority that relate to this Agreement or the Project. These laws, rules, regulations and orders are incorporated by reference in this Agreement to the extent required by law. 4CULT92E PAGE 15 DWT 2963195 M 0060585.000001 DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA-D618-4E9"C.9D-742F8OAFEC90 B. Real Property. Legal title to all real property financed with the Grant shall be owned in fee simple by Grant Recipient, or under a lease the term of which is at least as long as the term of this Agreement, in either case free and clear of all encumbrances other than minor encumbrances, except as expressly approved in writing by 4Culture. Grant Recipient shall maintain a standard form of title Insurance policy for the value of the purchase price of the property, and where appropriate will purchase endorsements to that poky in amounts to cover improvements. Where Grant Recipient suffers a loss that is covered by title insurance, insurance proceeds will be paid to 4Cufture, not to exceed the amount of the Project Costs that are attributable to the real property. C. Operation and Maintenance of the Project. Grant Recipient agrees to construct the Prbject in accordance with the Project plans, specifications and budget and to contract with competent, properly licensed and bonded contractors and professionals in accordance with all applicable federal, state and local laws regulating construction of the Project. Grant Recipient agrees to have plans and specifications for the Project prepared by a licensed architect or licensed engineer unless expressly approved otherWise in writing by 4Culture. Grant Recipient shall operate and maintain the Project in good repair and operating condition so as to preserve the Public Benefits of the Project, including making all necessary and proper repairs, replacements, additions, and improvements. D. Sales, Leases and Encumbrances. During the term of this agreement. Grant Recipient shall not sell, transfer, encumber, lease or otherwise dispose of any property the payment for which Grant Recipient receives reimbursement hereunder as a Project Cost, unless 4Culture has granted it prior, written consent. Any such sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project shall be subject to assignment of Grant Recipient's obligations with respect to the Project as provided in this Agreement. The assignee shall be subject to 4Culture's prior written approval, which shall not be unreasonably withheld. It shall not be unreasonable for 4Culture to withhold such approval if the proposed assignee fails to demonstrate to the reasonable satisfaction of 4Cufture that it possesses the financial resources and operational experience necessary to undertake the Project in accordance with the Agreement and to satisfy the indemnification obligations to be assumed under the Agreement by such assignee. Such assignment also shall be in form acceptable to 4Cufture in its reasonable discretion. In the case of sale, lease, exchange, transfer or other disposition of any supstantial portion of or interest in the Project to an assignee not approved by 4Cufture, or pursuant to an assignment the form of which 4Culture has not approved, Grant Recipient shall, within 30 days of receipt of any proceeds from such disposition, pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is atttriibutable to the property, unless 4Culture agrees otherwise in writing. E. Condemnation Proceeds. If the Project or any portion is condemned, within 30 days of receipt of any condemnation proceeds, Grant Recipient shall pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is attributable to the property unless 4Culture agrees otherwise in writing. 4CULTUQE PAGE 16 DWT 2863 t851v6 006D5854M000I DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA.D616.4E9B-8C90-742FBOAFEC60 F. Covenants Run with the Land. 4Culture and Grant Recipient acknowledge that the covenants and promises of Grant Recipient hereunder 'touch and concern" Grant Recipient's real property on which the Project will be implemented as more fully described In the Project Scope of Work and that 4Culture and Grant Recipient intend that these covenants and promises run with the land and will bind Grant Recipient's successors and assigns. XVIII. GENERAL A. MODIFICATIONS. No modification or amendment of this Agreement shall 60 valid unless made in writing and signed by the parties hereto. B. NO WAIVERS. 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. C. SEVERABILITY. 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 that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. D. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes al prior and contemporaneous oral and written understandings, agreements, or other undertakings between the Parties. E. ATTORNEYS' FEES; EXPENSES. Grant Recipient agrees to pay upon demand all of 4Cuftute's costs arid expenses, including attomeys' 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 Grant Recipient 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 attorneys' fees and legal expenses for bankruptcy proceedings (and including effort's to modify or vadate any automatic stay or injunction), appeals, and any anticipated post -judgment collection servii;eas. Grant Recipient also shall pay all court costs and such additional fees as may be directed by the court. F. NO COUNTY LIABILITY FOR 4CULTURE LIABILITIES. 4Culture is organized pursuant to County Ordinance 14482 and RCW 35.21.730, et M. 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, commisslon, or authority." Mil,Tift PAGE 17 DWT 28631851 v6 0060595-000001 DoouSign Envelope ID: SFASF5CA-0618AE9B-8C9D-742F80AFEC60 Dogj*n En woe ID: 3FAeFSCA4Deis4E968CBD•742FOWECaD G. BINDING ON SUCCESSORS AND ASSIGNS; - MEMORANDUM OF AGREEMENT. This Agreement shell be binding upon the successors and assigns of Grant Recipient. In 40ultuWs discretion, prior to the disbursement of grant funds hereunder, the partiea Wil execute, acknowledge and record with the King County Recorder a memorandum of this Agreement in a form -approved by each Perry, which approval shall not be unreasonably delayed, conditioned or withheld. H. NOTICES. Any notice, consent, deme rid. or other communication hereunder shall be in writing and shalt be deemed to have been given it delivered in person or deposited In any United States Postal Service mailbox, sent by registered or certified mail, return receipt requested and first-class postage prepaid, addressed to the Party for whom it Is intended es Indicated on the Grant Information Sheet (as may be changed by written notice to the other Party pursmant to this provision): 1. INTERPRETATION; The sedan and subsection captions In this Agreement are for conVenlence dniy and shall not cCnt%1 or affect the meaning or construction of any provision of this Agreement. J. TIME. Time is of the essence with reaped to the perforriiance of ab obligations of this Agreement. K. GOVERNING LAW. Thi AgreenWd spall be governed by and construed in accordance with the laws of the State of Washington. The venue of any suit or arbitration arising under this Agreement shall be in King County, Washliiaton and N a lawsuit, In King County Superior Court. L. THIRD PARTIES. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third -party beneficiary or otherwise) on account of any nonperformance hereunder. M. SURVIVAL The terms and condltlons of Sections I,II.D, VII, VIII, XI, X11, XIII, , XIV, XV, XVI grid XVIII shall survive the termination of this Agreonent and shall be Continuing obligations of the parties. 4CULTURE: DocuBigned by: FDRODAFSW9463... 3/29/2016 4CULTUII PAGE 15 DWT 2&631 IS 1 v6 00605&45410 0 r GRANT RECIPIENT: Enter You 8mC6u / j}r #I;,-- VMey BAceK frAydti DocuSign Envelope ID: 3FA6F5CA-D6184E98-8C9D-742FBOAFEC60 DocuSign Envelope ID:8FA6F5CA-D618-4E9a8C9D-742FBDAFEC80 4CUCTURE PAGE 19 DWT 28631 x351 v6 0060585-000001 9ocuSlgn Envelope ID: 3FA6F5CA-D618-4E98-8C9D-742FB0AFEC60 RESOLUTION NO. 5 219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4CULTURE") AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn Arts Commission, on behalf of the City of Auburn, submitted an application to the King County Council and the Cultural Development Authority of King County (4CULTURE) for a Building for Cufture Grant; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of Two Hundred Thousand and Ngf100s Dollars ($200,000.00); and WHEREAS, the funding will support the renovation costs of the Old Post Office Building located at 100 Auburn Avenue for the new use as an Arts and Culture Center. WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: action 1. Acceptance of Grant and Authorization of Contract The City Council hereby accepts the Building for Culture Grant (Tax -Exempt Bond Proceeds) from 4CULTURE, in the amount of Two Hundred Thousand and No/100s Dollars ($200,000.00), and authorizes the Mayor and City Clerk to execute the Contract with 4CULTURE in substantial conformity with the Contract marked as Exhibit `A" attached hereto and incorporated herein by this reference. Resolution No. 5219 March 15, 2016 Page 1 DocuSign Envelope ID: 3FA6F6CA-D6184E9B-8C9D-742FBOAFEC60 Section 2. IMplom$nt ition. The Mayor is further authorized to implement such administrative procedures as may be necessary to cant' out the directions of this legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this day of, 2016. CITY OF AUBURN NATC!KUS, MAYOR ATTEST: Resolution No. 5219 March 15, 2016 Page 2 DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA-D618-4Eq&4C9D-742FI30AFEC60 2015 Arts Cultural Facilities. City of Auburn Mailing Address 2840 Riverwalk Drive SE Auburn Washington 98002 Shipping Address 2840 Riverwalk Drive SE Auburn Washington 96002 Phone (253) 804-5043 Fax (253) 931.4005 Revenue last fiscal year $1,003,239 Revenue 2nd to last fiscal year $924,614 Website www aubumwa.aovLarts Email mmcknightOaLLburn.wa.aov King County Council District dl 7 WA state Legislative District # I Date Incorporated 09/09/1984 Federal Tax ID 9i6001228 WA state u BI* 171-000-010 Organization Director Director of Parks, Arts and Recreation, Mr. Daryl Faber Is the organisation Director the primary contact for this apipllcation? No Director Email dfaber@auburnwa.gov Director Phone (253) 804-5044 Mission The City of Auburn Arts Commission's purpose is to serve the citizens of Aubum by fostering cultural growth grid enrichment, sponsoring programs representative of the entire arts spectrum and providing programs that are reflective of the growing diversity of the population of the City of Auburn. Project Title Creation of the Auburn Arts Center Short Project Description Request for $230,000 to help fund the purchase and renovation of 20 Auburn Ave for the creation of a downtown Arts Center and support space for the adjacent Auburn Avenue Theater. Project Discipline(s) DocuSign Envelope ID: 3FA6FSCA-D618-4E9B-8C9D-742FBOAFEC60 DowSign Envelope 1D: 3FABF5CA-D818-4EBH-8CBD-742FBOAFEC80 Visual Amount Requested $230,000 Total Project Budget $920,000 Venue Address Old Post Office 20 Auburn Avenue/100 Auburn Ave Auburn Washington 98002 Project Venue Notes or Comments King County Council District 9 WA State Legislative District # 31 The building is currently owned by King County and City staff are in negotiation for the purchase and sale of the building and properly. The address Is referred to in various documents as 20 Auburn Ave and 100 Auburn Ave (100 Auburn Ave is listed in the King County Dept. of Assessments) Contact Person Arts Coordinator, Mrs. Maija McKnight Contact Phone (253) 804-5043 Contact Email mmcknight@aiiburnwa.gov Project Description summarin your organization's nthtsion, and dosalbe tho projoa for Whitt you aro seeking !Ends. Explain why R is a high priority for your organlration, vod how It will help you Metter serve your misslon. If your project /nvohres restoratien or re.habllitaU.nn of a deslgnated Jr&Cgrlc property, describe how the proposed work complies ivith applicable Secretary of Interior's Standards for the Treatment of Historic Properties or local design review guidelines. City of Auburn Art's Commission's purpose is to foster the growth of arts in Auburn through the presentation of various arts programs, community Initiatives and program partnerships. Programs include Public Art, Art Classes and Outreach, Visual Art Gallery Spaces, BRAVO Performing Art Series which includes nearly 70 performances throughout the year, Summer Sounds and Cinema (3 performances), Kids Summer Stage (5 performances), and various festivals, events and initiatives. City of Auburn seeks $230,000 toward the purchase and renovation to the property and building located at 20 Auburn Avenue (100 Auburn Ave) Building for the creation of an Downtown Auburn Arts Center. Th"e City Is currently in negotiations with King County for the purchase and sale of the building and property for approximately $400,000 (with taxes and fees) and the renovations to the building, soft costs, project management and delgn are estimated at $450,000. The 8,000 square foot Arts Center will house rotating art exhibitions, studios, meeting and classroom spaces, event rental venue, as well as support space for the City managed Auburn Avenue Theater that is located in the adjacent property. Currently owned by King County, and most recently used as a King County Public Health Building, the historic structure was first built In 1937 as a WPA project and housed the Auburn Post Office. The Interior Was extensively remodeled in 1964 when the building was converted from Its historic use as a post office to the new use as medical clinic. The building Is listed on the King County Landmarks Register, the Washington State Heritage Register and the National Register of Historic Places. As a historic property, renovation will follow the guidelines of the Secretary of the Interior's Standards for Rehabilitation, DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA6F5CA.D618 4E9a-8C9D•7a2FH0AFEC60 specifically retaining and preserving existing historic character and not removing/altering any historic features and/or spaces. The nexus between this building and the Aubum Avenue Theater and other downtown Arts programs makes this an ideal site for consideration of expanded Arts opportunities In downtown. The purchase and renovatlon of this building would allow Increased access to the arts for a(I of Auburn residents and visitors. Having a dedicated Art Center alongside the Auburn Avenue Theater performing arts series would have the potential to transform Auburn into an arts tourism destination within the South Puget Sound. This project is a high priority for the City of Auburn and the purchase of this important building has been In discusslon for several years. Project Impact Describe the benefits this project will provide externally to the community. How did you determine the need and has your community or audience been Involved In developing the proJpgt? Hary will the project contribute to cultural opportunides in King County? How wilt the project affect your operations during and after construction/renovation or purchase? For example, will the project change the type or frequency of your programs, raise or lower maintenance costs, reduce or Increase staff levels, etc i The purchase of the Old Post Office building will provide several community benefits • Development of an Arts Center supporting expanded arts opportunities and access • Enhance and expand opportunities at the Auburn Avenue Theater and . Heighten downtown vitality, support of local arts organizations through strategic partnerships, and develop Auburn as an Arts destination in the South Puget Sound. Expanded Arts Opportunities through an Arts Center Art exhibition space, studio rental areas with specialized art equipment, classroom space, and strategic partnerships with local businesses and arts non -profits to create and maintain an active center are part of the vision for a new Arts Center. Using Kirkland Arts Center and/or ArtEast as a potential model, the newly formed arts center would be gathering place for local and regional artists and support artistic growth and excellence. Staffing levels will be impacted and areas of responsibility for the Arts Coordinator position would be shifted. The proximity to the Auburn Avenue Theater would allow for some staffing overlap for open hours. The success of an arts center depends upon dedicated staffing and vision, and the City would retain appropriate staffing levels to ensure the success of the new Arts Center. Auburn Avenue Theater Expansion and Use The Auburn Avenue Theater is a property located at 10 Auburn Avenue and is adjacent to 20 Auburn Avenue with an alley separating the two buildings. The theater is a property that the City of Auburn manages, but does not own and is currently in the process of hiring a consultant to develop a plan for the potential purchase of the building when the current lease comes to an end In 2021. The theater offers over 70 live performances per year as part of the City's active performing arts season, and arts staff has seen tremendous growth in attendance and support by the community. The space within the Theater, however, is extremely limited. Set building, rehearsal areas, rental venue, backstage facilities for the performers, as well as an appropriate lobby area for pre/post performances would greatly enhance the patron experience as well as the functionality of the theater and allow the City to expand its offerings and services. This connection between the two bui)dings, would be further enhanced by the potential closure of the alley between the two venues, allowing for a natural cross-over and gathering space for the public. Downtown Vitality and Growing Patronage of the Art Auburn is a community of approximately 75,000 and the downtown core has several new developments that will be bringing hundreds of people living within one block of the proposed Arts Center. The need for a dedicated arts space is immediate, and the location within downtown next to the Auburn Avenue Theater in this historic building Is ideal. The synergy of an Art Center adjacent to the Auburn Avenue Theater will allow for greatly expanded offerings and opportunities and create a true arts destination. The DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSign Envelope ID: 3FA13F$CA.06184ES"C90-742FabAFEC6o building also presents an incredible opportunity to support local arts organizations through strategic partnerships. Relevant Expertise / Experience / Accompfthments Who will manage this projects Llat key members of your staff, volunteerM,and outalde consultants. Tell us why they are qualified and what role they will play In this project. Check with seoffabout provWing comph:te resumes if you Reel it Is lmDortant - we just want a brief svnimary here. Various aspects of this project will be managed by different departments of the City Purchase and real estate acquisition o Mayor's Office o Doug Lein, Economic Development Manager Remodel and Renovation o Facilities Department with oversight by the Parks Department. o Architectural consultant and contractors to complete specialize d work, firms TBD Project Management, Programming and Day -to -Day Operations - Parks Department D Daryl Faber, Parks, Arts and Recreation Director o Julie Krueger, Arts and Events Manager o Maija McKnight, Arts Coordinator o jim Kleinbeck, Theater Coordinator Daryl Faber has served as the City of Auburn's Parks, Arts and Recreation Director since 2006 and oversees all aspects of the Parks division including the Cemetery, White River Valley Museum, Senior Center and the Golf Course. Prior to his work with the City of Auburn, Faber worked for the City of Tacoma, Metro Parks and City of Burlen Parks Department. Julie Brewer, Arts and Events Manager Julie Brewer has served as the City of Auburn's Arts & Events Manager since 2007 and oversees the coordination of large-scale special events, arts programming, and handles special departmental projects. She is also responsible for marketing arts, events, recreation, and golf for the City of Auburn. Prior to her work with the City of Auburn, Brewer served as the Community Relations Manager for the City of Renton. Maija McKnight, Arts Coordinator Maija McKnight has served as the City of Auburn's Arts Coordinator since 2008 overseeing the variety of arts programming including art in public places, performing arts season, two gallery locations, and staffing the Arts Commission. Prior to her work with the City, Maija received her Master of Arts in Museum Studies and worked in various Art Museums throughout the region specializing in Education and Community Partner public programming. Project implementation Describe your organisation's plan for making this project happen. Mow Q/d you develop the budget? what Is your time line. Where are you in the process? Be as specific as possible about the sources you have approached, and about in-kind donatioirs. You need to be able to use 4Culture funds within three years. Upialn how you will change the project scope of work if you are unable to raise the total amount required for completion of your project as planned. The City is dedicated to the purchase of the Old Post Office building located at 20 Auburn Avenue (100 Auburn Avenue) and support from 4Cuiture Is critical to be able to transform this space Into the. Auburn Arts Center. 4Culture grant support allows for the primary use of the building to become an Arts Center, allowing the City to operate the Arts Center and serve. as the manager of the space. Under City management, it also allows the City to potentially accommodate partner arts organizations and other cultural or civic related entities to utilize the space, increasing access to the arts for the South King County region, DocuSign Envelope ID: 3FA6F5CA-D618-4E9B-8C9D-742FBOAFEC60 DocuSIgn Envelope ID: 3FA6F5CA-D618.4EO.MC9D-742FBOAFEC60 The budget includes the approximate purchase price, staff time as in-kind, and a remodel budget. The remodel budget is an approximation based on the budget for the remodel of a current building (our old Parks offices are being remodeled Into a Teen Center). The property and building have not undergone an inspection to date, and so the renovation budget will be altered as more Information is available. The timellne is for the purchase to occur is by the end of the December 2015. Occupancy and remodel wiil occur in 2016, with an estimated opening of Fall 2016. The purchase of the building will likely occur Wlthoot 4Culture support, but we seek $230,000 In grant funds to go towards the Interior renovation of the space to ensure that Arts Center functions as the primary tenant.. The City of Auburn is dedicated to the, support and advancement of arts within Auburn. with a 3 PTE arts staffing level and an annual program support budget that exceeds $500,000 there are the staffing and financial resources available - as well as the full support of the City - that will ensure that this project is a success. An Initial budget for the operations and programming of an Arts Center has been drafted, and will go through the Council biennium budget approval for the 2017-2016 cycle, Externally Hosted Work Samples DocuSipn Envelope ID: 3FABF5C0-D6184E9"C9D-742FBCAFEC80 ACULTURE 2015,FACIUTIES PROJECT BUDGET APPLICANT: Cbm* If INCOME -d Cash Income be -KM BUS NES.MORPORATIONB: ()dentlfy) FOUNDATIONS: (Identify) GOVERNMENT: ®dant) i City of Auburn OTHER (Daaaebe) CULTURE-SUPFKW TOTALS'-.. GRAND TOTAL INCOME: $920,000 MH+•iN-KIND TOTAL . DocuSign Envelope ID:9FA6F5CA-D61&4EOB-6C9D-742FBOAFEC60 4CULTURE 2015:FACILrrIES PROJECT BUDGET PROJECT`BUDGET NOTES Use the space below to add;any additional irdormmtion you feel Wriecessary to explain a category or line.item The budget is draft, as -no Internal Inspection -has-been done of the property Purchase price of the building is stip beIng n tiated,:additlonal renovation dollars -committed by the City dependant upon cost DocuSign Envelope ID: 3FABF5CA-D618-4E9"C9D-742FBOAFEC60 DocuSign Envelope ID: 3FABF5CA•D818-4E9B-8C8D-742F80AFEC60 201S4CW.TURE FACILITIES PR60RAM:.OPERATING BUQGET FORM YOUR ORGANMATION NAME: Your flscat year ends: ACTUAL ACTUAL THIS YR DO NOT INCLUDE ANY CAPITAL INCOMEIEXPENSE! 2013 or 13114 2014 or 14113 2016 Or 15f18 Operating Expensm: Personnel: 1 - Artistic 2 - Production 3 - Administrative 4 - Education Production/Exhibition expenses Marketing/Promotion expenses Fundraising expenses Education program expenses Occupancy expenses Travel and Transportation Administrative expenses SUBTOTAL In -Kind expenses (= In -Kind income) TOTAL OPERATING EXPENSES 149,037 149.487 155,978 163,530 167,277 170,771 395,500 381,600 406,250 21,500 23 000 27,500 172,361 166.850 193.690 2,750 2,750 3 000 41,1850 33,650 46,050 936,318 924,614 1,003,239 936, 924,61T 1,003,239 Earned-lnicome: Box Office/Admissions Memberships Tuition/Workshops Concessions Sales/Rental Interest & investment Income Other earned income TOTAL EARNED INCOME Earned Income ante a 126,159 151,222 130,000 23,010 28,213 34 000 7,151 3 815 4,000 155,320 183,250 1 8,000 17%'/6 17% EARNI Q '238 MW13060 income: ArtsFund Corporations Foundations Federal Government (NEA/NEWIMS) State Government 4CULTURE City Government Individuals Benefits / Galas I Guilds In -Kind contri64ons (= In -Kind expenses) Other contributed income Transfers from reserves/endowment TOTAL CONTRIBUTED INCOME Contributed Income percentage GRAND TOTAL INCOME 17,000 21,600 .. 20,500 763.998 719.864 81.4.7.39 780,998 741,364 35,239 938,318 924,614 1,003;239 SURPLUS (OR DEFICIT) Depreciation (express as a negative) SURPLUS OR jDEFICM after de' reciatiion 0 0 0 01 01 0 STATEMENT OF POSITION Current Year Unrestricted Total To Date Operations Board Designated Restricted Note Prior Year ASSETS Current Assets Fixed Assets Long Term Assets TOTAL ASSETS. 0 0 0 i0 LIABILMES Current Liabilities Long,Term Liabilities TOTAL LIABILITIES 0 0 0 0 NETASSET S Unrestricted Undesignated Board Designated Property Plant &.Equip Temporarily Restricted Permanently Restricted TOTAL NET ASSETS 0 0 0 0 TOTAL UABIUTIES ANDNETI ' ASSETS 0 , 0 0F OIL- -Note Explanation Note Explanation NOT APPLICABLE TO PUBLIC AGENCY Note Explanation Note Explanation o 4 T D CA D o rn a 0 to 0 T V m m g D DowSign Envelope ID: 3FABF5CA-0818-4EBMC90-742FBOAFEC60 FO— CITY Of - 'wMruNCIN 2015 City of Auburn — Arts Commission X46. • '. Aliglatian Officers .Chairs. FIRST iLAtiT a•Term'A •'I�bmrrlts TERM !radon f Te�Tn fF1 app; 12/13 Term #1 exp:120IM5 I Auburn Symphony Orchastra:lioard t Nancy I_, -_I 2!31 16 Term 01 exp: 1/20 Term #1 ex,p:12/31)2016 Term #1 eW.'i031/2016 #1 op: 12/31/13 mb Meer _ i Auburn School District Educator Artist and Community,Member Artist and Community Member ^� _ Artist and Graphic Designer i Cary 1 Davidson IfTemdl1 app: 7/21 !14 i. Chwtotte _ Golinick ' Teen #1 app: 1121/14 _ _ i Jan Jensen Term #1 app: 1121/14 _ Term Al -app: 12/17M2 (shortened)Term Catiaen ---- -- Malone Tem�#2 :1/2112014 Teen 02 exp_ 12/31/16 Tema#I exp:12/31M3 Arts Administrator and Performing Arts I VICE Term #1•apP: 1/3111 CHAIR i Der ae McGee 1 TemtlR2, : 11212014 Term #2 exp _17131 h6 Term #1 exp:12/3IM4 Professional Background 1 Artist and Community Member Term#1 app: U3/12 Dan Norman 1 Term #1 app: 21212014 Teen #1 exp: 1201116 Aubum•School'DistrSct Administrative Patricia Judd 1 Term t/1 app: 113/11: -- Tenn #1 exp; 112/311113 Re Artist and Community Member. Lea M I • � SchYrERdj Twm#2 app: 1/242014 Tam 61 app: 112112014 Term #2 exp: 12131/16 Tarin #1azp::12131116 ---1 Neighborhood representative. Arta Education Advocate. Lakeland Htib �Y Donna Smart I Neighborhood mpresentstive _ - i Term #1 app: 2/16110 ;Terni #2 exp:17131115 Aubum!School District, Muckleshoot I! I j I Term 12 app: 117113 i Tribal College Educator. Member of King i CMR I Greg_I Watson �_ ! Term #1 app: 117113 i Term #1 exp: 12131/15 Landmarks Commission i County La ; Director at Downtown Association Laura _ I Wesiergard _ Cultural Arts Staff • Daryl Fater, Parks., Arts and Recreation Director (slnce.2005) • Julle Brewer, Aft -and Event Manager - 30% of time dedicated to arts programming (skrce 2007) • Maija McKnight, Aft Coordinator • 100% of time dedicated to arts programming (since 2008) • Jim Kleinbeck, Theater Coordinator -10096 of time dedicated to arts programming•(since 2007) • Kelsey D'Andrade, Arts and Events Assistant— 2U hours a week (since 2014) DocuSign Envelope ID: 3FA6F5CA D618-4E9B-BC9D-742FBOAFEC60 Oocuftq Envelapa ID: 3FABF5CA-D8184E98-gC9D•742FBOAFEC80 CITY OF A —� WASHINGTON 2015 Auburn Arts Commission Annual Arts Programming wrrvnary EST. ATTENDANCE Visual Art i.000 • Gallery (City Hall — monthly rotation & Senior Center — 2 month rotation) • Student Art Display with Auburn School District • Small Works, Big Presents Exhibition With White River Valley Museum Community Group Art Display (eg. Green River ComrrWriity College Faculty, Auburn Valley Creative Arts BRAVO Performing Arts Series 2014-15 (including performances at Auburn 20,000 Avenue Theater & Other Locations) • Offsite performances (2 shows), Performing Arts Canter closed for renovation for 14115 season • Comedy at the Ave (86 shows) • Ave Kids Shows (10 shows) and Youth Theater Camp (6 shows) • Live at the Ave, Music (17 shows) • Auburn Community Players Community Theater (12 shows) Public Art.Projects: (5 projects) — Outdoor Sculpture Gallery, Streetscapes, Pianos on Parade, Benchmarks, 1% for Art Projcts Event: ArRageous Art Activity tortes at City Organized Events and Festivals 10,000 Ongoing "Art with Artist" and Artist Professional development classes offered 100 Ihr60gh the Parks, Arts and Recreation Kids SurirnerStage (5 shows) 1,800 Summer Sourids and Cinema (3 events) 2,000 Poet Laureate Public Programming 500 Support of Community Art Events through Re -Grant Process/Funds made 5,000 available through 4Culture: , • Auburn Symphony Orchestra • White River Valley Museum — Small Works, Big Presents • Auburn International Famiers Market— Public Performances • Auburn Food Bank's Empty Bowls • Northwest Renaissance/Striped Water Poets • Pacific Ballroom Dance • Auburn Art Walk • Aubum Valley Creative Arts (Cooperative) • Community Events at Auburn Avenue Theater