HomeMy WebLinkAbout2024-0139 - - Kayla Daly - 2025 Postmark Programming Grant Award Contract - Kiwanis Club of Auburn Docusign Envelope ID:29B8E35B-CD71-41EB-B52F-42933A3622AD
Auburn Arts Commission
City of Auburn
910 Ninth Street SE,Auburn, WA 98002
253-931-3043
2025 Program Support Grant Award Contract
APPLICATION:AWARD: $1,000
ORGANIZATION: Kiwanis Club of Auburn
FISCAL AGENT: Kayla Daly
AUTHORIZING OFFICIAL: Kayla Daly
PROJECT DIRECTOR: Kayla Daly
PROJECT NAME: Kiwanis Speaker Series
PROJECT DESCRIPTION:The Kiwanis Club of Auburn would like to present an almost-monthly speaker
series highlighting the many local organizations and individuals who are making positive contributions to
the Auburn community.This series would serve as a platform for civic engagement, arts engagement,
and community connection, bringing together residents, local leaders, nonprofits, and other influential
voices in an accessible and engaging format.
EFFECTIVE DATE and AWARD DATE: Award date November 7, 2024; project and funding effective date
January 1, 2025.
This Project Support Grant Agreement ("Agreement") is entered into on the "Effective Date" listed
above, and by and between the City of Auburn, a Washington municipal corporation (the "City"), and
Kiwanis Club of Auburn ("Grantee") for the purpose of supporting arts-related projects and programs
within the City of Auburn.
1. Term
The term of this Agreement shall commence on the Effective Date and shall terminate on December 31,
2025 or upon completion of the Project, whichever is later, unless otherwise terminated pursuant to the
provisions of this Agreement.
2. Grant Conditions
The Grantee agrees with and shall comply with the following conditions as consideration for award of
the grant funds.
a) The project will be carried out in compliance with the project description, personnel, budget,
and dates as set forth in the application which reflects any revisions made and approved by the
review panel and the Auburn Arts Commission. Any modifications to this information must be
requested and approved in writing and in advance with the Auburn Arts Commission.
b) The Grantee will provide broad-based publicity to the community at large prior to the event. All
publicity and promotional material for the project must include a credit line listing the Auburn
1
Docusign Envelope ID:29B8E35B-CD71-41EB-B52F-42933A3622AD
Arts Commission,the City of Auburn, and 4Culture as a sponsor where it is applicable (e.g. "This
project made possible through the support of the City of Auburn,the Auburn Arts Commission,
and 4Culture King County Lodging Tax."). The complete credit line must be clearly visible on all
of publicity materials and printed in an easy to read font size.
c) The City of Auburn Logo and the 4Culture logo will be incorporated,where practicable, into
printed and other materials for the project. Electronic versions of the approved logos can be
requested from Arts Program Supervisor Allison Hyde at ahyde@auburnwa.gov. If requested,
Grantee shall provide the City draft copies of publications for review and approval ten business
days prior to distribution.
d) If requested, Grantee shall provide the City drafts of the Project, including scripts, drawings,
prototypes, film footage, photographs, etc. for review within 5 days of the City's request and
prior to distribution, presentation, or publication of the artwork.
e) The Project will take place within the city limits of Auburn. The Project will be open to the
public and serve/be completely accessible to all residents of Auburn.
f) The Project will comply with all regulations of the United States, State of Washington, and City
of Auburn, including requirements to obtain applicable permits and any subsequent permit
requirements.
g) The Project shall be completed by December 31, 2025 (but all expenditures must be completed
and invoices submitted by December 20, 2025).
h) The artwork is the Grantee's original work, and does not now and will not violate any existing
intellectual property rights, including, without limitation, copyright,trademark, or any other
proprietary or contractual rights, and that the artwork contains no matter that, if published, will
be harassing, libelous, obscene, or a violation of any rights of publicity or privacy.
3. Failure to Complete Contract.
The grant award is granted in consideration of completion of the Project and the award is intended to
reimburse expenses of a completed Project. The City reserves the authority to withhold all or part of
the grant amount if the entire scope of the Project is not completed by December 31, 2025. Failure to
complete proposed Project by the deadline may result in a negative consideration for future grant
applications.
4. Copyrights and VARA.
Copyright. When the City reimburses any copyrightable materials using the grant award,the Grantee
may copyright the artwork but the City retains a royalty free, nonexclusive and irrevocable license to
reproduce, publish, recover, or otherwise use the material.
5. Termination
a. Termination for Cause. The City may terminate this agreement after five-day's notice if the Grantee
fails to perform any obligation required by this agreement.
b. Termination for Convenience. The City may terminate this agreement for convenience upon ten-
day's notice. Upon termination for convenience,the City will reimburse the Grantee,through the
reimbursement process described in paragraph 10b, for reasonable costs incurred prior to the date of
the termination notice.
2
Docusign Envelope ID:29B8E35B-CD71-41EB-B52F-42933A3622AD
No liability shall accrue to the City in the event this provision is exercised, and the City shall not be
obligated or liable for any future payments or damages as a result of termination under this Section.
c. Termination for Non-Availability of Funds. Every obligation of the City under this Agreement is
conditioned upon the availability of funds appropriated or allocated by King County(4Culture)for the
performance of such obligation. If funds are not allocated and available for the continuance of this
Agreement,the City may terminate this agreement when funds are no longer available and the Grantee
may not receive full reimbursement of its expenses.
6. Indemnification& Hold Harmless
The Grantee shall indemnify, defend and hold the City and/or any of its agents, officials, officials and
employees, harmless from any and all claims, demands, suits, losses, costs, or damages of every kind
and description, including attorneys'fees and litigations expenses,which may be made against or
incurred by the City on account of loss or damage to any property or for injuries to or death of any
person, caused by, arising out of, or contributed to, in whole or in part, by reason of any alleged act,
omission, professional error, fault, mistake, or negligence of the Grantee, its employees, agents,
representatives, or subcontractors arising from the performance of the Project, including copyright
infringement, except any loss, damage or injury caused by the sole negligence of the City, its agents, or
its employees.
7. Independent Contractor Status
In the performance of this Agreement,the parties shall be acting in their individual, corporate,
organizational, or governmental capacities and not as agents, employees, partners,joint ventures, or
associates of one another. The Grantee shall perform the services described in Grantee's application
and this Agreement as an independent contractor and shall not be deemed, by virtue of this Agreement
and the performance thereof, to have entered into any partnership,joint venture, employment, or
other relationship with the City.
8. Taxes.
The Grantee shall be responsible for all federal and/or state tax, industrial insurance, wages, benefits, or
other compensation by or on behalf of the Grantee and its employees.
9. Reporting
The Grantee shall submit an evaluation, on the form attached to this Agreement, at the conclusion of
the Project, or at the conclusion of each performance/show if the Project involves multiple occurrences.
10. Grant funding and administration
a. Award. The maximum to be paid by King County to Grantee for carrying out the Project shall be the
award amount listed above.
b. Payment. Payment of the grant award will be made on a reimbursable basis for approved and
completed work. To obtain payment, Grantee shall submit to the below address an evaluation, an
invoice, and supporting financial materials.The evaluation, invoice, and supporting financial materials
shall be submitted on the forms attached to this agreement within 60 days of the completion date of the
3
Docusign Envelope ID:29B8E35B-CD71-41EB-B52F-42933A3622AD
Project, or the completion date of an occurrence of the Project, but no later than December 15th of the
year for which the grant was awarded).
Auburn Parks,Arts and Recreation,Allison Hyde, 910 Ninth ST.SE,Auburn, WA 98002
The grant funding will be distributed at the completion of the Project, or at completion of an occurrence
of the Project. Payment will be by check made out to Ki wani s club b i--ana Au sgilto the below address
within 30 days of the City of Auburn Arts Department receiving the above described documentation.
PO Box 1249 Auburn WA 98071
ADDRESS:
c. Documentation. Grantee shall include supporting documentation for all expenses. This may include
cancelled checks, receipts, credit card statements, and contracts. The City may request additional
documentation if needed to determine whether a cost will be reimbursed.
d. Period of Compensation. Any work performed or costs incurred prior to the above Effective Date, or
after December 15th of the award year will be at the exclusive expense of the Grantee.
e. Scope of Reimbursement. The grant amount shall be used solely and strictly to reimburse completion
of the Project and/or activities directly related to the Project. Grantee is responsible to determine if
costs are eligible. Any questions regarding eligibility should be clarified with the City prior to incurring
the cost. The City reserves the authority to reject any invoiced amount as being an ineligible cost. No
reimbursement for overhead costs will be allowed.
f. Audit. The City and the Auburn Arts Commission reserves the right to audit applicable records to
ensure that the City has been properly invoiced. All records books, documents, papers, and records
regarding the granted Project shall be made available to the City upon request, within a reasonable time
after the request,to monitor and evaluate compliance with this Agreement. This provision shall not
expire until one year following the termination of this Agreement.
11. Non-Discrimination
a. The Grantee shall comply with all applicable federal, state, and local non-discrimination laws and/or
policies, including, but not limited to,the Americans with Disabilities Act,the Civil Rights Act, and the
Age Discrimination Act.
b. The Grantee shall ensure that it does not discriminate against due to race, creed, color, religion, sex,
national origin, or disability, including discriminating by limiting access or participation in the Project.
c. In the event of the Grantee's noncompliance or refusal to comply with any non-discrimination law or
policy,this Agreement may be rescinded, cancelled, or terminated in whole or in part, grant moneys
may be withheld, and the Grantee may be declared ineligible for further agreements with the City.
d. The Grantee is responsible for any and all costs or liability arising from the Grantee's failure to so
comply with applicable non-discrimination law.
12. Amendment&Waiver
a. No amendment, modification, or waiver of any condition or provision of this Agreement shall be valid
unless it is made in writing, signed by the parties, and specifies, with particularity,the nature and extent
of such amendment, modification, or waiver.
4
Docusign Envelope ID:29B8E35B-CD71-41EB-B52F-42933A3622AD
b. Waiver by any party of any provision of this Agreement shall not be taken or held to be a waiver of
any succeeding breach of such provision or as waiver of such provision itself.
13. Integration& Binding Effect
This Agreement, together with any subsequent amendments or addendums, constitutes the entire
agreement of the parties and no other understandings, oral or otherwise, regarding this Agreement shall
exist or bind any of the parties.
14. Administrators& Notice.
This Agreement shall be administered by the following individuals for each respective party. Any written
notices shall be served on or mailed to the following addresses:
City of Auburn Project Director
Allison Hyde,Arts Program Supervisor Kayla Daly
Phone: 253-803-5043 Phone: 253-508-2499
Email: ahyde@auburnwa.gov Email: kayla.marie.daly@gmail.com
15. Signature Authority.
If the Grantee is an organization, partnership, or business, the signatories below warrant that each has
the authority to enter into this Agreement on behalf of the Grantee.
SIGNATURES
CITY OF AUBURN/AUBURN ARTS COMMISSION:
DocuSigned by
Initial
p Vat Faj,,Cr 1/2/2025
r Signature of Daryl Faber, City of Auburn Director of Parks,Arts& Recreation Date
PROJECT SUPPORT GRANT RECIPIENT(ARTIST OR ORGANIZATION):
Signed by
12/30/2024
\--69CDA16431 4 1
Signature of Artist/Organization Project Director Date
Signature of Fiscal Agent Authorizing Official (if different) Date
5