HomeMy WebLinkAboutKicg County 4Culture Grant #110034A
143.16.5
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Date Amount Paid Balance
j ~
CULTURE
Contract No. _ 110034A CR
Program Name CP-KC Performance Network TEL 206 296.7580
Program/GL Code ! 1780 ' 6000 / 2500 viTTV 206 296.8574
FAx 206 296.8629
Motion No. / Date 2010-06 i 02/08/2010
_m_----- 101 PREFONTAINE PL S
SEATTLE WA 98104
WWW.4CULTURE.ORG
LETTER OFAGREEMENT
Contractor: City of Auburn Arts Commission
Address: 910 Ninth St SE Auburn, WA 98002 (253) 804-5043
City/State/Zip phone
City ofAuburn Arts Commission agrees to provide the following services (include date and time of service provision):
See Attached Exhibit A, SCOPE OF SERVICE
DURATION OF CONTRACT:
This Agreement shall commence on lanuary 1. 2010 and shall terminate on December 30, 2010.
4Culture, the Cultural Development Authority of King _County agrees to pay $1,500.00 to the City ofAuburn Arts
Commission for services described above. Payment will be made upon receipt of the attached invoice(s) and the required
documents as specified in the scope of service.
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et sec. RCW 35.21.750 provides
as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from
the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any
right of action against the city, town, or county creating such corporation, commission, or authority on account of any
debts, obligations, or liabilities of such public corporation, commission, or authority."
The legislative authority of 4Culture has found and declared that providing funds to Contractor to reimburse Project costs
in consideration of services provided hereunder constitutes a public purpose with the meaning of Article VII, Section 1 of
the Washington State Constitution for which public funds may properly be expended or advanced.
Arts and Heritage organizations receiving funding from King County through the cultural development authority shall
comply with all applicable federal, state and local laws pertaining to access for people with disabilities, and
nondiscrimination in employment and the provision of services to the public, as delineated in K.C.C. 2.48.125.
4Culture LOA.DOC Page 1 of 2
In providing services under this Agreement, the Contractor is an independent contractor, and shall determine the means of
accomplishing the results contemplated by this Agreement. Neither the Contractor nor its officers, agents or employees are
employees of 4Culture for any purpose. 4Culture assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement. Contractor
shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and
all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such
compensation, wages, benefits, or taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by
Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The
Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and
against any and all claims made by Contractor's employees arising from their employment with Contractor.
If any patentable or copyrightable material or article should result from the Project, all rights accruing from such material or
article shall be the sole property of Contractor. Contractor agrees to and does hereby grant to 4Culture, an irrevocable,
nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be
developed as part of the work under this Agreement. The foregoing license shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of Contractor which are modified for use in the performance
of this Agreement.
To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and save harmless 4Culture
its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in
.anyway 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. 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. For the purpose of this
agreement, the Contractor, by mutual negotiation, hereby waives, as respects 4Culture only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW.
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.
In the event 4Culture incurs any judgment, award and/or cost arising there from including attorney's fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Claims shall include,
but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound
reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice.
4Culture: Contractor:
Signatur - ecutive ire tor, Signa e
QML FAQ
Date Name (Please type or print) A
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Title (Please type or print)
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Date
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Federal Taxpayer ID# (last 4 digits)
4Culture LOA. DOC Page 2 of 2
L
EXIMIT A
SCOPE OF SERVICE
The City of Auburn Arts Commission and 4Culture mutually agree that the following services be
provided in accordance with the proposal request submitted to and approved by 4Culture.
Partial support for the development and presentation of a new artistic work for the 2010 Site Specific
King County. Performance Network. Artist Andrew Peterson will work in'cooperation with the City of
Auburn to create a community artproject entitled Tent Show - Traveling Arts Encampment for the city's
Artrageous Art Festival. This contract will support the development of the project, materials, and
presentation. The City of Auburn will provide additional technical support and sponsorship of the project.
AMOUNT $1,500
Payable upon completion of project, submission of invoice and documentation regarding:
• Organizational Evaluation Form
PUBLIC BENEFIT
The project will be open, accessible, publicized and free to the community.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of 4Culture Site Specific Performance Network is required of all recipients
for use in all publicity and promotional materials, including, but not limited to brochures; press releases,
programs, posters, public service. announcements, flyers and advertisements. The artist agrees to provide
the following credit for all 2010 performances of this project'. Please contact your contract administrator
for an electronic file of this logo for publication purposes.
-CULTURE
SITE - SPECIFIC
I
L '
EXHIBIT C .
INSURANCE REQUIREMENTS
Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents,
representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall be written on an "Occurrence" form.
1. Minimum Scope of Insurance needed for this contract is as follows:
® Commercial. General Insurance Services Office form number (CG 00, 01 Ed. 11-88)-Minimum
Liability Combined Single Limit of $1,000,000 BI & PD with a General Aggregate
per project
Automobile Liability Covering all„ownect ap0 non-owned and hired automobiles - Combined
Single Limit of $1,000,000 BI & PD
2. Deductibles and Self Insured Retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or
self-insured retention of the policies shall. not apply to the Contractor's liability to 4Culture and shall be the sole responsibility
of the Contractor.
3. Other Insurance Provisions
A. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) General Liability Policies
(1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as
respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement.
(2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary
insurance as respects 4Culture;.its officers, employees, and agents. Any insurance and/or self"-insurance maintained by
4Culture; its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in
any way.
(3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or
lawsuit is brought; except with respect to the limits of the insurer's liability.
(b) All Policies
(1) Coverage shall not, be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this. contract. No material change, or cancellation or
nonre,newal of any policy required by this contract -shall.occur without thirty (30) days' prior written notice to 4Culture.
4. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a 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..
5. Verification of Coverage
4Culture, reserves the right to request that contractor submit the certificate(s) of insurance evidencing compliance
with all requirements set forth above.
I
I
I
k
WA '
Insurance Authority p.0. Box 88030
Tukwila, wA 98138
Cert#: 6812
14-Jun-10 Phone: 206-575-6046
Fax: 206-575-7426
4Culture
Attn: Bret Fetzer
101 Prefontaine Pl. S.
Seattle, WA 98104
RE: City of Auburn
Performing Arts Grant 2010
Evidence of Coverage Authority The above captioned entity is a member of the Washington
Cities t r n the State of
(WCIA), which is a self insured pool of over 130 municipal corporaons
Washington.
WCIA has at least $1 million per occurrence come ed single i unit Of liabus that srage
in its self insured layer that may be applicable in
deemed to be attributed to the negligence of the member.
i
IA is an Interlocal Agreement among municpalities and liability is completely self
WC
funded by the membership. As there is no insurance nPo~led as an "addition Cnsured".
an insurance company, your organization cannot b
Sincerely,
-e6 Z,
Eric B. Larson
/ Deputy Director
cc: Brenda Heineman
Maija McKnight
cletter