HomeMy WebLinkAbout4803 RESOLUTION NO. 4 8 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASFiINGTON, AUTHORIZING THE
ACCEPTANCE OF A GRANT FROM THE CULTURAL
DEVELOPMENT AUTHORITY OF KING COUNTY
("4CULTURE") AND AUTHORIZING THE MAYOR AND
CITY CLERK T`O 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 Cultural Development Authority ofKing County
(4CULTURE) for a Cuftural Facilities Program Grant:for Capital Construction and Fixed
Asset Purchase for the construction of the Les Gove Park stage cover; and
WHEREAS, the City has been advised that it has been approved to receive a
grant from said program in the amount of Ten Thousand and No/100s Dollars
($10,000.00); and
WHEREAS, acceptance of the grant will benefit the citizens of Aubum.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. Acceptan.ce of Grant and Authorization of Contract The City
Council hereby accepts the Arts Cultural Facilities Program Grant for Capital
Construction and Fixed Asset Purchase from 4Culture, in the amount of Ten Thousand
and No/100s Dollars ($10,000.00), and authorizes the Mayor and City Clerk to execute
the Contract with the CuRural Development Authority of King County (4CULTURE) in
substantial conformity with the Contract marked as Exhibit "A" attached hereto and
incorporated herein by this reference.
Resolution No. 4803
February 14, 2012
Page 1
Section 2. Imolementation. The Mayor is further authorized to implement
� sucfi administrative procedures as may be necessary to carry 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.
9r
SIGNED and DATED this �'� day of February, 2012.
AUBURN
1
v �- ��
PETER B. LEWIS,MAYOR
ATTEST:
��^�
Da ielle E. Daskam, City Clerk
APPROVEDAS TO FORM:
�
iel B. He , City Attorn
Resolution No. 4803
Februaryl4,2012
' Page 2
. >.` .
Agreement No. 111671A
Contractors Federal Taxpayer ID No. (last 4 digits) 1228
Contrador City of Aubum Parks and Recreation Department
Services Prodideii' Construction/Renovation and/or Fixed Assets purchase
Contcact Amount: $ 10,000.00 Fund Sou�ce: CP—Arts Cultural Facilities
CONTRACT FOR CARITAL CONSTRUGTION 8� FIXED ASSET PURCHASE
THIS GONTRACT is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
- -
("4COLTURE"), whose address is 101 Prefontaine PI S, Seattle, WA 98104-2672 and telephone number is
(206) 296,7580 and the CiN of Aubum Parks and Recreation Deoartment (the°Contractor"), whose
address is 910 Ninth St SE. Aubum: WA 98002-6200 and telephone number is (253) 804-5043.
ConVaotor is a municipal govemment with an art, cultural or historical component qualified to receive funds
pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinaftermay be
amended.`The 4Culture Board of Directors approved providing funds for thisproject by Motion
No. 2011-61. �
4Culture desires to provide funds with which the Contractorshall render certain senrices in connection with
the creation of a cultural perforrriance stage that will assist Citv of Aubum Parks and Recreation
Deoartment in providing services.to King Gounty ciUzens. Such services provide pubfic benefits to
residents and disitors, and the Contractor isan organizafion providing cultural experiences like those
provided by art museums, cultural museums, heritage museums, the arts, and/or the performing arts and
whose services are consistant with those defined in RCW 6Z;28.180 ("Public Benefit Services°).
4Culture is organized pursuant to King Gounty Ordinance 14482 and RCW 35.21.730;et�. RCW
' 35.21.750 provides as follows: "[All] liabilities incurred by such public corpora4ion, commission, or authority
shall be satisfied exclusiveiy from the assets and properties of such public corporation, commission or
authority and no creditor or otherperson shall have any right of action against the city, town;or county
creating such corporation, commission, or authority on account of any debts, obligations; or liabilities of
such public corporation, commission, or authority."
The legislative authority of 4Culture has found and declared thatproviding funds io Contractor to reimburse
Project costs in consideration of services provided hereunder constitutes a public purpose with the
meaning of Article VII, Sectiort 1 of the Washington State Constitution for which public funds may properiy
be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinaftermentioned, to
be made and performed by the parties heretb, the parties covenant and do mutually agree as follows:
Cultural Facilitles Fquipmrnt Ap7eement 2012 � Page 1 of 8
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits which are incorporated herein by reference:
', Project Proposal and Budget Attached hereto as ExhibiY A
SpecificScope of Work Attached hereto as Exhibit B
Insurance of Requirements Attached he�eto a§ Exhi6if C
Public Benefit Provisions Attached hereto as Exhibit D
_.____., _- - _.--- _ _ .. _.___. _____.
� Personnel InVentory (K.C.C:12.16.060A)(In combination with ' Attached hereto as'ExhibiY E
other a reements, in excess of$25,000 in a calendar ear
� , Affidavit and Certificate of Compliance (K.C.0 12.16.060B) Attached hereto'as_ExhibiY F
for reements in excess of$25,000
� Disability Assurance of Compiiance/Section 504 Attached hereto as E�ibiY G
KCC 12.16.O60D
B. Construction and Fixed Assets Purchase. Funds awarded under this Ag�eement shall be used
solely to reimburse the Contractor for e�enses incurred expressty and solely in accordance with the
_
Project Proposal and Budget and the Specific Scope of Contract Work. Any amendment or modification to
the Project P�oposal and Budget or the Specific Scope of Contract Work must be approved in writing by
4Culture. The w.ork described generally by the Project Proposal and Budget and more specifically by the
Specific Scope of Contract Work shall hereinafter be referred to as the "Project".
C. ln addition to performing the Project, Contractor shall provide the Public Benefit Provisions;as
specified in the Public Benefit Provisions.
D. The Contractor agrees to use any improvement constructed and any fixed assets purchased
through this contract to provide Public Benefit Services for a period of not less than 10 years from the date
of purchase. Should 4he Contractor, prior to the expiration of this ten-year period; dissolve its operations,
relocate outside of King County or detertnine that it no longer needs the improvement constructed or
equiPmerrt purchased hereunder, Contractor shail notiy 4Cuiture thereof and, upon 4Culture's request, ,
such improvements (to the extent pradicable) and such equipment, shall be transferred without additional
consideration to a King County based non-profd art, cultural or historic organization selected by4Culture in
its sole discretion.
E. The Contractor agrees to acknowledge 4Culture as a source of support for the Project in
prominently located permanent signage utilizing the following loga
a� APproved logos are available for download in a variety of forrimats at
C U LTU R E http:Uwww.4Culture.org
xw¢couhttt000uouc
F.. The ConVactor agrees to notrfy 4Culture in advance of any pubiic Project activities, including but
not limited to ground breaking events, dedications, and other public programs.
Culdual Facilities Fquipment Agument 2012 Page 2 of 8
JI. DURATION OF CONTRACT
This Agreementshall commence on December 15. 2011 and shall terminate upon the later of(1)
completion ofthe Specific Scope of Contract Work and payment of the final invoice or(2) the end time
period specified, if any, Public Benefit Provisions. This Agreement, however, may be terminated earlier as
proVided in Section IV hereof.
111. COMPENSATION AND METHOD OF PAYMENT
A.4Culture shall reimburse the Contractor for its actuaF and authorized expenditures incurred in
satisfactorily completing the Specific Scope ofServices and otherwise fulfiliing all requirements specified in
this contract in an aggregate amount not to ezceed $10.000.00.
B. Contractor may appfy to 4Culture for reimbursement upon completion of specified phas.es of the
Specific Scope of Services pursuant to the following Reimbursement Schedule:
Pfiase Description Amount AVailable foc Expected Date of
No. Reimbursement Com letion -
1 = 3 Auburn Les Grove Pa�k Stage $10,000:00 July 1, 2013
Cover
C. All inyoices for reimbursement for specfic phases of the Project shall inGude documentation that
identifiesvendors, detaiis costs for Iabor and materials and specfies the equipment purchased pursuarrt to
thiscontract(make and model #). Such documentation shall include, but may noYbe limited to, pu�chase
orders or receipts for purchases.,
D. Accompanying the final invoice for the project, the Contractor shall also submit:
1. A project status report that documents costs (including costs not reimbursed by 4Cufture
funds) and identfies funding sources.
2. At least two images (prints,slides, or digital images accompanied by a high�uality print-
out) of publishable quality#or use by 4C.ulture to publicize the Cultural Facilities Grant program: Photos
shall have credits, caption information, anti permission to publish.
E. All payments are subject to site inspection and approval by 4CuRure.
F. If the Contrador fails to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed toherein, 4Culture may wi4hhold any payment to the Contractor until
4Culture:is satisfied that cocrective action, as specified by 4Culture, has been completed.This right�is in
addition to and not in lieu of the 4Culture right to terminate this contract as provided in Section IV,:any
other rights of 4Culture under this Agreement and any other right or remedy avaiiable to 4Gulture at law or
in equity.
' Cdnusl Facititla Equipmmt A�rement 2012 Page 3 oC 8
IV. TERMINATION OF AGREEMENT
A. .If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations underthis Agreement or if the Contractor shail violate any of its covenants, agreements or
stipulations of this Agreement; 4Culture may tertninate this Agreeinent and wifhhold 4he remaining
allocaUon. Prior to so terminating this Agreement, 4Culture shall submit written noticeto the Contractor
describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines
thaYContractor has, within twenty (20) days of the date of such notice, fully corrected such default br
violation.
B. Reimbursement for services performed by the Contractor, and not otherwise paid for by 4Culture
priorto the effective date of a termination under subsections B and C herein, shaif be as 4Culture
reasonably determines.
C. In the event of termination for cause, the Contractor shall, immediately upon 4Culture's request
and in addition to any and all other remedies available to 4Culture in equity or at'law, retum to 4Culture
immediately any funds,,misappropriated or unexpended, which have been paid to the Contractor by
4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of
Contract Work.
V. SECURITY AGREEMENT
A. Contractor grants to 4Culture a security interest in the fixed assets and equipment purchased in
whoie or in part with funds provided under this Agreemenf inGuding all attachments, accessions,
accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions for
such property and all proceeds thereof(the"Collateral")40,secure the Contractor's obligations under this
Agreement(the "Indebtedness"). Contractor authorized 4Cwiture to file such financing statements and
Contractor agrees to take whatever actions are requested by 4Culture to perfect and continue 4Culture's
security interest in the Collateral. Contractor hereby appoints 4Culture as its irrevocable attomey-in-fact for
the purpose of executing any documents necessary to perfect or to continue the security interest granted in
this Agreement. Contractor shall not sell, offer to sell, or otherwise transfer ordispose of the Collateral. All
proceeds irom any disposition of the Collateral (for whatever reason) shall be held in trust for4Cutture and
shall not be commingled with any other funds. Contractor shall promptiy notify 4Culture of any loss or
damage to the Collateral. 4Cuiture may make proof of loss if Contractor fails to do so withinfrfteen (15) days
of the casualty. All proceeds of any insurance on the Collateral, including accrued proceeds thereon, shall be
held by 4Culture as part of the Collateral.
B. Each of the following shall constitute an Event of Default under this Agreement (1) Failure of
Contractor to make any payment or otherwise perform an obligation when due on the Indebtedness;(2)The
dissolution, liquidation, orany other termination of Contractor's existence as a going business, the insoivency
of Contractor, the appointment of a receiver for any part of ConVactor's property, any assignment for the
benefit of creditors, any type of creditor workout, or the commencement of any proceeding u,ndgr any
bankruptcy or insolvency laws by or against Contractor, (3) Commencement of foreclosure or forfeiture
proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of
Contractor orby any govemmental agency against the Collaterai or any other collateral securing the
Indebtedness. If an Event of Default occurs under this Agreement, at any time thereafter; all of the
indebtedness shall be, at 4Cuiture's option, immediately due and payable, 4Culture shali have ali 4he rights of
a secured party under the Washington Un'rform Commercial Code, as amended from time to time. In
addition, 4Culture shall have and may exercise any or all other rights and remedies it may have available at
law, in equity, or othenvise.
� Glildual Facili¢es Fquipmrn�Agrxmmt 2012 page 4 of 8
VL MAINTENANCE OF RECORDS
A. The Contractor shali maintain accounts and records, including personnel, property,financial, and
programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper
accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently and
properly reflect all direct and,indirect costs ofiany nature expended and services provided in the
performance of this Agreement.
B: These records shall be maintained fora period of six (6) years after termination of this
Agreement unless a longer retention period is required by law.
VII.- AUDITS AND EVALUATIONS
A: The records and documents with respect to all matters covered by this Agreement shall be
subject at alltimes to inspection, review or audit by 4Culture and/or federal/state officials so authorized by
law during the performance of this Agreement and six (6) years after termination hereof.
B. The Contractor shall provide right of access to its facilities, including by any subcontractor to
4Culture,the King Gounty, state and/or federal agencies or officials at all reasonabie times in order to .
� monitorand evaluate 4he services prnvided under this Agreement. 4Culture will give advance notice to the
Contractot in the case of fscal audits to be conducted 6y4Cultu�e.
C. The Contractor"agrees to cooperate with 4Culture in the evaluation ofthe Contractors
pertormance under this contract and to'make available aII infortnaGon reasonably required by any such
evaluation process. The results and records of said evaluations shall be maintained and disclosed in
a000rdance with RCW Chapter 42.17 (Pubiic Records Act).
VIII.-CONTRACT MODIFICATIONS
No modfication or amendment of thisAgreement shall be valid unless made in writing and signed by
the parties hereto.
IX. NO WAIVERS
4Cutture's failure to insist upon the strict pertormance 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.
X.--FUTURE SUPPORT '
4Culture makes no commitment to support the services contracted for herein nor guarantee
regarding the success of the services and-assumes no obliga6on for future support of the ProjecYexcept as
expressly set forth in this Agreement.
GLluual FaciGSa Equipment Agrammt 2012 Page 5 of 8�
XI. OWNERSHIP OF PROJECTlCAPITAL FACILITIES
ContracTor and 4Culture agree and acknowledge that the real property improved and the personal
property and fixtures acquired as part of the Project are not owned by 4Culture 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. In addition, although Contractor will be reimbursed'for certain of its
expenditures as provided herein, the capital facilities constructed or improved hereunder are not being
constructed at the cost of the state or a municipality and therefore are not "public works"within the
meaning of RCW 39.04.10. Contractor 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
Contractors obligations to such third parties.
XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services underthis Agreement, the Contractor is an independent contractor, and
shall determine the means of accomplishing the results contemplated by this Agreement. Neither the
Contractor nor its officers, agents or employees are employees of the 4Culture for any purpose. The
Contractor shall comply with all applicable federal and state laws and regulations regarding employment,
minimum wages and hours, and discrimination in employment. The Contractor is responsible for
determining the-compensation of its employees, for payment of such compensation, and for all federal
and/or state tax, industrial insurance, and Social Security liability that may result from the performance of
and compensation for these services. The Contractor and its officers, agents, and employees shall make
no claim of career service or civil service rights which may accrue to a 4Culture ertiployee under state or
local law. 4Culture assumes no responsibility for the payment of any compensation,wages, benefits, or
taxes by, or on behalf of the Contractor, its empioyees and/or others by reason of this Agreement. To the
extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its
officers, agents, and empioyees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) 4he Contractor's failure to pay any such compensation, wages,benefits, or
taxes; (2)the supplying to the Contractor of work, services, materials, or supplies by Contractor employees
or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall
also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and
against any and all claims made by Contractor's employees arising froin their employment with Contractor.
B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and
save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments,
and/or awards of damages, arising out of orin any way resulting from the acts or omissions of the
Contractor, its officers, employees, and/or agents, except to the extent resulting from 4Culture's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection
with or collaterai to, a contract or agreement relative to the construcfion, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any buiiding, highway, road, raiiroad, excavation, or
other structure, project, development, or improvement attached to real estate" within the meaning of RCW
4.24.225, the Contractor shail so protect, defend, indemnify, and save harmless 4Culture its o�cers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents'
negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event
4Culture incurs any judgment, award and/or cost arising there from induding attomeys'fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor.
Claims shall include, but are not limited to, assertions that the use or transfer of any soflware, book,
document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes
an infringement of any copyright.
CulAVal Facilities Fquipmmt Agreement 2012 . Page 6 of S
XIII. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as described
on the Exhibit labeled as Insurance Requirements attached here to.
XIV: CONFLICT OF INTEREST
Chapter42,23 RGVV (Code Of Ethics For Municipal Officers—Contract Interests) is incorporated by
reference as iffiully set forth herein and the Contractor agrees to abide by all the conditions of said
Ghapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material
breach of contract.
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of
4Culture whb exercises any functions or responsibilities in connection with the planning and
implementation of the Specific Scope of Contract Services funded he�ein, has or shall have any beneficial
irrterest, directly or'indirectly, in this contrac[. The Contractor further represents, warrants and covenants
neitfier it no�any other person beneficially interested in this Agreement has offered to give or given any
such offcer, employee, or agent of 4Culture, directiy or indirectly, any compensation, gratuity or reward in
connectionwith thisAgreement. The Contractor shall take all appropriate steps to assure compliance with
this provision.
XV. NONDISCRIMINATION
During the perforrnance of this Agreement, Contractor shall comply with state, federal and local
legislation requiring nondiscrimination in employment and the provision of services to the public, including,
but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (the Washington state law
against discrimination); K:C.C. chapter12.16 regarding discrimination and �rmative action in employment
by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiGng discrimination im contracting;
K:C.C. chapter12:18 requiring fair employment practices; K.C.C. chapter and 12.22 prohibiting
discrimination in places of public accommodation.
The Contractor shall maintain, until 12 months after completion of all work under this contract, all
written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to
participate in thisAgreement. The Contractor shall make such documents available to the 4CultuFe for
inspection and copying upon request.
XVI: 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 wi4hout the invalid term, condition, or application. To this end the terms
and conditions of this Agreement are declared severable.
XVII. ENTIRE CONTRACT
The paRies agree that thisAgreementis the compiete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Both parties recognize that time is
of the essence in the perfortnance of the provisions of this Agreement.
CulNCal Facilities Fquipmen[Agreemwt 2012 Page 7 of 8
XVIII. ATTORNEYS' FEES: IXPENSES
Contractor agrees to pay upon demand all of 4Culture's costs and e�enses, inGuding attomeys'fees
and 4Culture's,legal e�enses, incurred in connection with the enforcement of this Agreement. 4Culture may
paysomeone else to help enforce this Agreement, and Contractor shall pay the wsts and expenses of such
enforcement: Costs and expenses include 4Cutture's attomeys'fees and legal expenses whether or not
there is a lawsuit, including attomeys'fees and legal expenses for bankrupfcy proceedings (and including
efforts to modify or vacate any automatic stay o�irijunction), appeals, and any anticipated post�udgrrient
collection services. Contractor also shall pay all courtcosts and such additional fees as may be directed by
the court.
XIX.- SURVIVAL
The tertns and conditions of Secitons I.D, V,VI, VII, IX, XII, XIII, XIV, XV, and XVIII shall survive the
termination of this Ag�eement and shall be continuing obligations of the parties.
4CULTURE: O R:
��
4Culture-CDA Executive Director Signature
��� f� C�,v�s
Date Name (Please type or print)
"(Yla�.. vr
Titie (PI� se type or print)
�1"e��,�cW�.� L h� 7���
Date
Qiltural Faciliues Equipmrnt Agrecrom[2012 ' � Page 8 of 8�
2011 Arts Facilities - Construction Projects ���'�'� �
City of Auburn Arts Commission
Maiiing Address Website
910 Ninth St SE www.aubumwa.gov/arts
Aubum
Washington Email
- 98002-6200 mmcknigh Cala �b�m.wa.00v �
Shipping Address King County Council Distrid #
910 Ninth St SE �
Auburn
Washington WA State LegislativeDistrict #
98002-6200 31, 47
Phone Date Incorporated
(253) 804-5043 09/09/1984
Fax Federal Tax ID
(253) 93T-4005 916001228
WA3tate UBI#
lll-D00-OSO
Revenue last fiscal year
$309,650
Revenue 2nd to last fiseal year
$221;J00
Organization Diredor
Director, Autium Parks, Arts &Recreation, Mr. Daryl Faber
Director Emeit
dfaber@aubumwa.gov
Direetor Phone
(253) 931-3043
Organization Description
City of Aubum ArE's Commission's purpose is to foster the growth of.arts in Aubum through the presenfatlon of
varfous;arts programs, community initiatives and program partnerships.
Mission
The City of Aubum Arts Commission's`purpose,is to serve the clUzens of Aubum by fostering cultural growth and
enrlchment, sponsoring programs representative of the entire arts spectrum and providing programs tFiat are
reflectfye of the growing diversity of the population of the City of Aubum.
Project Title .
Aubum Les GovePark Stage Cover
ShorE Project Description
City of Aubum seeks $10000 toward the purchase and installation of an exterior perfortnance stage cover that
would allow additlonal outdoor concerts and variety of uses. ,
Project Discipline(s)
Mugfc
Dance
Theater
Visual
file:///R�/.i.%20of%20Aubum%20Arts%20Commission/Gty%o]Aof%20AUbum%20Ar[s%20Commiss(on 0076_fieldDam.html[10/13/2011 1:53:33 PM]
Amount Requested
$10,000
Total Projed Budget
$27,726
Yenue Address
Aubum Les Gove Park King County Couneil District #
7
910 Ninth Street SE �
Aubum WA State Legislative District #
Washington 31, 47 �
98002
Project Venue Notes or Comments ,
Cfty of Aubum Les Gove Park isa heavilyused community campus_that fncludes a Senior Center, Parks
Administration 8uilding, Auburn Library, Bamier-Free Playground, Sprey Park, Gymnasium, and a future site of a
Community CenYec Because_of the parks' central location, ease of public transportation,arid variety of
services/audiences adjacent to the park, much of the outdoorartsprogremming is scheduled in.this loption.
Contaet Person
Arts Coordinator, Mrs. Maija McKnight
Contad Phone
(253) 504-5043
Contact Email
mmcknight@aubumwa.gov
Project Description
City of Aubum Art's Commission's purpose is to foster the growth of arts in Aubum through the presentation of
various arts programs, community initiatives and program partnerships. Programs include Public Art, ArE Classes
and Outreach, Visual Art Gallery Spaces, BRAVO PerFortning Art Series which includes nearly 70 performances
throughout the year, Summer5ounds and Cinema (3 performances), Kids Summer Stage (5 perFormances), and
various feSGvalS and events such as ArtRageous and Art Walk.
City of Auburn seeks $10000 toward the purchase and installation of an exterior perfortnance stage cover that
, would allow additional outdoor concerts and variety ofLses.
City of Aubum.Les Gove Park�is a heavily used community campus that includes a Senior Center, Parks
Administration Building, Auburn Library, Barrier-Free Playground, Spray Park, Gymnasium, and a future site of a
Community Center: Because of the parks' central location, ease of public transportation, and variety of
services/audiences adjacent to the park, much of the outdoor arts programming is scheduled in this lootion.
Kids free summer concerts, Sounds and Cinema Series, as well as various festivals throughout the Spring, Summer,
Fall months all occur inthis park. In 2010, a BarrierFree playground (Playground for,kids with ail physical ability
levels) was builtin the center that dispiaced the previous location for outdoor concerts. The cement pad and
electricity wasre-buiit to accommodate the outdoor concerts, and we seek to improve the existing area with the.
installation of a stage cover.
The perFortnance cover has been selected and will be installed in Spring of 2012. This project is a high priorityfor
the City of Aubum due to the increased usage of the stage area as well as the variety of users that seek to use the
space in order to offerotherfree programming.
Projed Impact
Building of the stage structure would allow for a greater Flexibility for both timing and extending the season of
events as well as the type of programming offered. Kids Summer Stage has been a summer favorite for the past
years and the stage area is also used by the King County Library System for outdoor summer programming as well
fife:///R�/...%20oP%20Aubum%20Arts%20Commission/Gty%20of°/dOAUbum%20Arts%20Commission_0075_fieldData.htrnl[10/13/2011�1:53:33 PM]
as various community groups. In 2010, Summer Concer[s,in the Park was eliminated from prog2mming due to
budget cuts. It is the City's intent to.bring back this program in future years for quality free musical perFormances
and,use this stage area. 2012 will be the inaugural, KidStock - a one-day celebration of music for young audiences.
Unlike performances in the theater,'most programs in the park are all free to attendees and att2ct a varfety of
residents.
Relevant Expertise / Experience /Accompiishments
Th:e�project wili be managed by Michael Miller, City of Aubum Parks Manager with over25 years experience
managing Aubum's twenty eight parks. Tlie stage cover was designed by Dave Clark, Architects
(http://www.clarkarchitects.com).
Parks, Arts and Recreation,staff members coordinate the various'events and arts acEivities in Les Gove Park.
Namely, Maija McKnight, Arts Coordinator, Kristq Pachciarz, antl Juiie Brewer,Arts and Eyents Manager. Les Gove
Park programming includes: large scale festivals such as 4th of July bring upward of 50,000 visitors to the park,
Summer Sounds and Cinema regularly sees 500 for the free concert and movie, Kids Stage throughout the summer
attract5 300 family members; and ArtRageous Art Festival drews 2500 visitors to the park.
Projeet Implementation
Construction and installation of the stage covec will be scheduled for Spring 2012, prior to the"Kids Day Festival" in
mid-June. Design.for the stage coverfias been compieted by David A. Clark Architects. Construction materials will
be ordered by Parks staff and the in"stallation contracted and assembled on site. With the new stage wver; the area
will be used more intensively for programming as well as giving various organizations the ability to reserve the
space fer their programming needs. '
The City of Aubum has $17,726 dedicated to funding this project and seeks the additional $10,000 to ensure the
ability to complete this project.
file:/(/R�/...%20of%20Aubum°/a20Ar�°h20Commission/Gty%ZOoP%ZOAutium%20Arts%o2UCommission_0076 fieldDaTa:htrnl[10/13/2011 1:53:33 PM]
4CULTURE FACILITIES PROGRAM PROJECT BUDGET
INCOME EXPENSE
. Checkliyou ,
(Add categodes thot fit yourpro(ect� have applled Cash lncome In-Kind (Addcatepories that fi[yourproJect) Cash Expense In-Klnd
APPLICANT: .
CORPORATIONS: (identify) �
C .
FOUNDATIONS: (Identlfy) .
T: en4
City of Aubum - � ,
Permilting 5 0
INDIVIDUALS: T
OTHER: (Describe)
TOTAL3: , .
$1,500
GRAND TOTALJNCOME: $27,726 � GRAND TOTAL EXPENSE: $Z7,7z(;
CASH+IN-KIND TOTAL CASH+IN=KIND TOTAL -
� . .- .
Mame of organtration: City of Aubum � Fsm rear Enas: 31-�eo-7 0
REPORT OPERATING DCPENSES ONLY-DO NOT INCLUDE CAPITAL EXPENDITURES
� ACiUAL CURRENTYR -NEXTYEAR
FY 2070 FY 21171 FY 2012
� Operating Expenses:
2 PersonrreC . . _ ._. . ,. . ,....
3 1 Artisdc permanent �
. 4 � temporeiy
5 2 Pradudion pertnarm�d
6 temporary
7 3 AdministraGve pertna'rent 112,850 130,860 137,000
8 temporery �,o00 �,o00 �,o00
9 4 Education pertnarrent
10 temporary
11 PrOductionlExhidtiDne%penses 171,200 168,300 177,800
12 MeticetlnglPNmotlonexpenses 8,000 B,500 8,500 �
13 Fundraising e�enses
14 Education e�enses
15 Ocd+Pe��Y��%(^�9eha^vu�)
'16 Tiavel andT2n5pa�don 3,000 1,500 1,500
17 AdmirusOradve experees 7,600 6,950 6,600
18 Subtotal 309,fi50.�.: . � 3G3;11Q 338,4�:00�..
19 IMCintl Fxpenses(muU=IMdnd CantOUBOm1
20 TOTAL OPERATING DCPENSES 309.65A '�.'. ':��343�.110 '''�:338;.9U0��
z� Earned Income: _ ` ,
zz sir�iera�eusmco�nam�ion ie,ssi is,000 ia,000
23 Subsa�6rnlMembership
24 TuitloMWOrkshops .
25 SelaNCaicealons4tenfAls
26 Imerest&Eemings(savings,2sarves,etc.)
27 OUer Eemed Income venue rerrtal
2B TOTAL EARNED INCOAAE "'.:��18;551 . 1:B;�:ODO 1�8.;-040!.'
29 Eemed income percen�ge ��58 r- !�.. S6 :(1.59
30 EARNINGSGAP ".(32:S;11D) . {320:4t10)��.
3i Corrtributed Income:
32 NEH,NEA,and IMS
33 Other Federel Govemmerrt
34 WSAC
35 OMer State Govemment
36 4CuINie 23,000 17,000
' 37 Other Coumy Govemment
38 SOACA(SeaWe)
39 OtlrerCiyGovemment CdydAubisn 268,099 • 308,110 320,400
40 MsFund
41 Otlier Caporadons •
42 Fandatims
43 PONCHO
44 Individuals
45 FuMraismg Evems(ONeI a OGross income7)
46 Mlu.conMbuOOns �
47 SUBTOTAL CONTRIBUTED INCOME �.�� 291,OB9 �,; 325:i�;110' 320.,4'�.00�.��
48 Io-IOM Contdbutlons
48 GRANDTOTALINCOME .'��::309,BSD�`.<%�� 343',:130 7-,��� 338,9➢0���
50 SURPLUS(ORDEFICm 4 .: 0 -�: ��D�.:��.
51 Dapretietion(if applieable)
52 OTIiER"INTER-FUND'TRANSFERS
53 SURPWS OR(DEFICI'�AFfER iRANSfERS 0 : a' U '��.::0;
4Culhire I 2006-2007 Sustained Support Apd��on Page 6
• • e- •
Name of O�ganaation: . City of Au6um Fiscal Year Ends:12/31/2011
(monu✓aay) �
� PLEASE EXPLAW LINE7TEMS VARYING MORE THAN 20%OR BELOW-THE-L1NE TR.4NSFERS
Line Item / Year Note
ALL AlL Aubum Cultural Arts programs are within the Aubum AvenueParks
� DepartmenUCity of Aubum General Fund. Expense-to-lncome is not
accounted as private"enterprise"operation,where income is the primary basis
22 ALL
The only revenue generating program of the Arts Commission are from three
peAomiances held at the Aubum Perfortning Arts Center,:a rented faoility.
City of Auburn
Parks,Arts and Reereation
Arts Commission 2011
Name 8 Ofticer Titles Professional or Community Affiliatfon
Patriaa Judd,Aubum Arts Commission 2011 Aubum School Distrid Administration
Cfiair
Tanya Rottle, Public Art Committee Chair Elertientary Educator(5 Grade)
Debby Deal;VlsuafArt Committee Chair ArtisUCommunity Advocate
Leslie Moore Dean Green River Community College,
Continued Education
Colieen Maloney Artist/Graphic Designer
David Sader, Pertortning Arts Committee Chair Musiaan7Community Advocate
Linda Elliott Retired Elementary Music Teacher;Aubum
S ho .Orchestra Board Member
DeNae McGee Community Advocate,Aubum Symphony
Em lo ee
Cary Davidson Secondary:Education TeacherlGraphic Artist
Greg Watson,Aubum Arts Commisslon�/ice Secondary Education TeachedHistorian
Chair, 2012 Chalr
Heidi Harris Aubum School District Elementary Curriculum
Director
Ronie Schwend Artist/Community Advocate
I Rich Wagner(ex-officiolnon-voting) City Council Liaison
Staff _
' Daryl Faber, Director
Au6um Parks,Arts and Recreation
Maija.McKnight,Arts Coordinator
fwbum Parks,Arts and Recreation
Juiie Brewer,Speciai Events and Marketing
Mana er,Aubum Parks,Arts and Recreation
EXHIBIT B
SPECIFIC SCOPE OF WORK
CONTRACT NO. 111671A
4Culture, the Cultural Develogment Authority of King County, will reimburse City of Aubum Parks and RecreaUon
Department forsatisfactory completion of the services and requirements as spec�ed in this contract in an amount
not to exceed $'10.000.00. Payment will be made available in the following manner:
Invoice#1 -#3: For up to$10.000.00 totaL• For engineering, labor and materials necessary to construct a stage
cover for the Aubum Les Gove Park outdoor performance stage and related stage improvements, as descri6ed in
the proposai attached as ExhibitA.
Accompanying the 4Culture invoice for these expenses will be documentation that identifies vendors and details
work performed. Such documentation shall`include, but is not limited to, proofs of purchase, work orders or
receipts for purchases.
NOTE: In orderto be an allowable item, equipment purchased musYbe items classified as "fixed assets" intended
for 10 year use and valued as depreciable a§sets and not ezpensable materials.
NOTE: Anv oroiect involvinq construction.'restoration or reha6ilitation work on an historic structure is su6iect to
the followina additional reauirements;
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
proces5 of nomination, must adhere to The Secretary of the Mferiors Standards for Treatment of Historic
Properties.
Anyrehabilitation and/or restoration project that would affect any designated feature(s) of significance of a King
County Landmark orlocal landmark designated by way of an interlocal agreement for preservation services with
Kirig County, including a contributing property located within an historic district, must obtain a Cert�cate of
Appropriateness (COA)from the King County Landmarks Commission prior to obtaining a building permit or
commencing construction.
Any rehabilitation and/or restoration project that wouid affect a designated landmark located in a ju�isdiction that is
a Cert'ified Local Govemment (CLG) with,professional staff, must provide eyidence that,it has received any formal
approval required by law from a qualified design review board priorto obtaining a building permit or commencing ,
construction.
Facility Conuact SpeciSc Scope of Service �
EXHIBIT C
1NSURANCE REQUIREMENTS
Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons ordamages to
property which may arise from, or in.connection with the pertormance of work hereunder by the Contractor,his agents,
Yepresentatides, employees, and/orsubcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall be written on an 'Occurrence"form.
1. Minimum Scope of Insurance needed for this contract is as follows:
� Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88�Minimum
Liatiility Combined Single Limit of$1,000,000 BI & PD with a General Aggregate
er ro'ect
0 Automobile Liabiiity Co4ering all owned and non-owned and hired automobiles—Combined
Sin le Limit of$1,000,000 BI & PD
2. Deductibles and Self Insured Retentions.
Any deductibies or self-insured retentions must be declared to, and approved by 4Culture. The deductible and/or
self-insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility
of the Contractor.
3. Other lnsurance Provisions
A. The insurance policies are to contain, or be endorsed to contain,the following provisions
(A) General Liability Policies
(1)4Culture, its o�cers, employees and agents are to be covered as primary additional insureds as respects
liability arising out of activitiespertormed by or on behaif of the Contractor in connection with this Agreement.
(2)To the extent of the ConVactor's negligence,the Contractor's insurance coverage shall be primary
insurance as respectis 4Culture, its o�cers,employees, and agents. Any insurance and/or self-insurance maintained by the
4Cultu�e, its officers,employees, or agents shall not conVibute with the Contractor's insurance or benefd the Contractor in
any way.
(3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit'is brought, except with respect to the limits of the insurer's liability.
(b) All Policies
(1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this contract.
4. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a BesYs rating of no
less thanA-Vill, or, if not rated with BesYs, with minimum surpluses the equivalent of Bests'surplus size VII I..
5. Ver�cation of Coverage
Unless otherwise approved in writing by 4Gulture, Contractor.shall furnish 4Culture with certificate(s) of insurance
evidencing compliance with requirements set forth above, which cert�cate(s)shall provide that no material change, or
cancellation or nonrenewal of policies referred to herein shall occur wRhout thirty(30)days' prior written notice to 4Culture.
Feciliry canm,�c Insu�ce rtequicemenu
I . . �
EXHIBIT D
PUBLIG BENEFIT PROVISIONS
CONTRACT NO. 111671A
4Cultu�e is awa�ding funds to support the constructioNrenovation project for City of Aubum Parks and Recreation
Department in order to allow t15e Contractor to 6etter serve its mission and provide the citizens of King countywith
significant public benefit.
The City of Auburn Parks and Recreation Department 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 Aubum's Les
Grove outdoo�perfortnance stage programs;and wil benefit from the following types of potential arts
opportunities:.
• Regularly scheduled free presentations and performances that utilize the improvements at the stage
• Access to special events held on tFie site using the improVements at the stage
. Access to educational programs presented at the stage that are targeted to underserved King County
populations such as students, senior citizens, or otherspecfic audiences
'fhe Cont�actor agrees to widely publicize its publi_c benefit performances, events and programs throughout King
County and to track the numtier of public benefit'events and audiences served by such programs.
Faciliry Coaeact Pubtic Brncfi[Rcquiremmts -