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HomeMy WebLinkAboutITEM VIII-B-2CITY OF AU URN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Acceptance of a 4Culture grant in the amount of Date: October 2, 2008 $17,000 Department: Parks, Arts and Attachments: Resolution No. 4403 Budget Impact: Recreation and Agreement No. 108168A Administrative Recommendation: City Council adopt Resolution No. 4403. Background Summary: The Office of Cultural Development Authority of King County (dba "4Culture") awarded a grant to the City of Auburn Arts Commission for $17,000 per annum for the 2008-2009 cycle of its "Local Arts Agency (LAA) Sustained Support" grant program. Funds for this program are provided through King County's Hotel/Motel Tax funding initiative and in accordance with the application and contract work sheet submitted to and approved by their Board. Grant cycles are a bi-annual, competitive process; funding is allocated annually. The Auburn Arts Commission distributes these funds to those community organizations that present or produce art programs and/or activities serving the citizens of Auburn. Funding recommendations are made through an application process to the Auburn Art Program Support grant ("re-granting" program) based on artistic excellence, how the program will serve the citizens of Auburn and on the sponsoring organization's ability to effectively present or produce the event or project. An Auburn Arts Organizational Grant requires all funded programs prominently acknowledge support from the City of Auburn Arts Commission and 4Culture Hotel/Motel Tax Fund in all their printed materials and web sites. This acknowledgement includes, but is not limited to, brochures, press releases, programs, posters, public service announcements, flyers, and advertisements. R1020-2 A3.16.5, A1.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ® Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ® Planning & CD ? Fire ? Planning ? Park Board ?Public Works ? Legal ? Police ? Planning Comm. ? Other Museum Board ? Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Councilmember: Norman Staff: Faber Meeting Date: October 20, 2008 Item Number: VIII.B.2 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 4 4 0 3 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 Cultural Development Authority of King County (4CULTURE) for a Sustained Support Program Grant; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of Seventeen Thousand and No/100s Dollars ($17,000.00); and WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptance of Grant and Authorization of Contract. The City Council hereby accepts the Sustained Support Program Grant from 4CULTURE, in the amount of Seventeen Thousand and No/100s Dollars ($17,000.00), and authorizes the Mayor and City Clerk to execute Contract No. 108168A with 4CULTURE in substantial conformity with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution No. 4403 October 2, 2008 Page 1 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 October, 2008. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel eid, City Attorney Resolution No. 4403 October 2, 2008 Page 2 Agreement No. 108168A Contractor's Federal Taxpayer ID No. Contractor City of Auburn Arts Commission Project Title: 2008 Programs Contract Amount: $ 17,000.00 Fund Source: To: CP - Arts Sustained Support Contract Period From: 01 /01 /08 12/31/08 AGENCY SERVICES CONTRACT 2008 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prefontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the City of Auburn Arts Commission (the "Contractor"), whose address is 910 Ninth St SE, Auburn, WA 98002 and telephone number is (253) 931-3043. Contractor is an art, cultural or historical organization or specialist qualified to receive funds pursuant to King County Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Motion No. 2008-31. 4Culture desires to provide funds with which the Contractor shall render certain services to King County citizens. Such services are for the benefit of art museums, cultural museums, heritage museums, the arts, and/or the performing arts and are consistant with those defined in RCW 67.28.180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et seg. 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. 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 mutually agree as follows: AG SVC 08 Page 1 of 2 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: ® Specific Scope of Services & Reimbursement Schedule Attached hereto as Exhibit A ® Project Proposal and Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ? Personnel Inventory (K.C.C 12.16.060A)( In combination with other agreements, in excess of $25,000 in a calendar ear Attached hereto as Exhibit D ? Affidavit and Certificate of Compliance (K.C.C 12.16.060B) for A reements in excess of $25,000 Attached hereto as Exhibit E ? Disability Assurance of Compliance/Section 504 (KCC 12.16.060D ORGANIZATIONS ONLY Attached hereto as Exhibit F B. Purchase of Services. Funds awarded under this Agreement shall be used solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the Project Proposal and Budget and/or the Specific Scope of Services attached. Any amendment or modification to the Project Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the "Project". C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D. Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force: 4 CULTURE RING COUNTY i006.140 TAX Approved logos are available for download in a variety of formats at hftp://www.4culture.org/partner/logos E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1, 2008 and shall terminate on December 31, 2008. This Agreement, however, may be terminated earlier as provided in Section IV hereof. III. COMPENSATION AND METHOD OF PAYMENT A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in satisfactorily completing the Specific Scope of Services attached and otherwise fulfilling all requirements specified in this contract in an aggregate amount not to exceed $17,000.00. AG SVC 08 Page 2 of 2 B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases as detailed in the Specific Scope of Services and Reimbursement Schedule attached to this contract. C. Contractor shall submit an invoice and all accompanying reports in the forms attached hereto as "EXHIBITS", not more than 30 days after the completion of each specified phase identified in the Specific Scope of Services and Reimbursement Schedule. 4Culture will initiate authorization for payment after approval of corrected invoices and reports. 4Culture shall make payment to the Agency not more than 60 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 30 days of the date this Agreement terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 4Culture will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice E. Accompanying the final invoice for the project, the Contractor shall also submit: 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of 4Culture's right to terminate this contract as provided in Section IV, any other rights of4Culture under this Agreement and any other right or remedy available to4Culture at law or in equity. IV. TERMINATION OF AGREEMENT A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall 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 of any nature expended and services 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. AG SVC 08 Page 3 of 7 VI. AUDITS AND EVALUATIONS A. The records and documents with respect to all matters covered by this Agreement shall be subject at all times 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 County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Contractor in the case of fiscal audits to be conducted by 4Culture. C. The Contractor agrees to cooperate with 4Culture in the evaluation of the Contractor's performance under this contract 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 RCW Chapter 42.17 (Public Records Act). VII. PROPRIETARY RIGHTS 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. VIII. 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. IX. HOLD HARMLESS AND INDEMNIFICATION A. 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. 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 employee 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 employees 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 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. AG SVC 08 Page 4 of 7 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 or in 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 collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, 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 including attorneys' 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. X. 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. XI. 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 Contractor agrees to abide by all the conditions of said Chapter. 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 who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. AG SVC 08 Page 5 of 7 XII. NONDISCRIMINATION During the performance 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. chapter 12.16 regarding discrimination and affirmative action in employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in contracting; K.C.C. chapter 12.18 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 this Agreement. The Contractor shall make such documents available to 4Culture for inspection and copying upon request. XIII. NOTICES Whenever this Agreement provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of Contractor and the Executive Director of 4Culture at the addresses first written above. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XIV. GENERAL PROVISIONS No modification or amendment to this Agreement shall be valid unless made in writing and signed by the parties hereto. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. 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. 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 which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this Agreement are declared severable. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. XV. ATTORNEYS' FEES; EXPENSES Contractor agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' 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 Contractor 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 efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Contractor also shall pay all court costs and such additional fees as may be directed by the court. AG SVC 08 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: 4Culture-CDA Executive Director Date CONTRACTOR: Signature Name (Please type or print) Title (Please type or print) Date AG SVC 08 Page 7 of 7 Exhibit A SCOPE OF SERVICE City of Auburn Arts Commission and 4Culture, the Cultural Development Authority of King County, mutually agree that the following services be provided in accordance with the application and contract work sheet submitted to and approved by the 4Culture Board of Directors. Support for 2008 Programs, including Auburn Project Support Grants, a Small Works show with the White River Valley Museum, and Auburn Ave Theater programs. Events are open and publicized to the community. AMOUNT $17,000.00 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding: • Final budget, actual Completion of evaluation form Final report of program activities Programs, brochures, flyers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. We provide free and reduced admission to performances; youth art show support; technical education for new arts groups; educational services for youth are provided by those organizations who receive Auburn Project Support Grants, as well as the new small works show with White River Valley Museum and CoA sponsored Auburn Ave presentations. All programs are available/accessible to the public and disadvantaged populations. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Culture/ King County Lodging Tax Fund 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. Please contact your 4Culture contract administrator or go to http://4culture.org/partner/index.htm to download the appropriate logo credit. Final payment will not be made until acknowledgment is submitted on printed material .1 CULTURE KING COUNTY lOD0IN0 TAX LAA SUSTAINED SUPPORT 2008-2009 LAA Sustained Support Program Application 4CWtUlre 206.296.7 580 101 Prefontaine Place S, Seattle WA 98104 206.296.8574 TTY wwwAculture.or Deadline: Applications must be received in the office by 4:30 pm on Dec 10, 2007 Monday, December 10, 2007 or postmarked by December 10, 2007 INSTRUCTIONS Read the LAA Sustained Support Program Guidelines before filling out this form. • Please type application. Do not reduce type or use smaller than 10 point type. • Signature of organization and municipal leadership required. • Submit one signed original application and 10 double-sided copies, all three-hole punched and paper-clipped, NOT stapled. • Submit one set of organizational paperwork, and one set of additional support materials. • Please send electronic copies of the Application Cover Page, Three-Page Narrative, and Excel Attachments (pages 1-7) should be sent via e-mail to charlie.rathbun(ca4culture.ora Subject heading "Sustained Support Application" Applicant Information: Organization Legal Name: The City of Auburn Arts Commission - Director: Mr. X Ms. Title: Parks, Arts & Recreation Director First Name: Daryl Last Name: Faber King County Council District #: 7 Address: City: Zip: WA State Legislative District(s) #: Auburn Parks, Arts & Recreation Auburn 98002-6200 31 & 47 910 Ninth St. SE Congressional District #: 8 & 9 Area Code: 253 Phone: 931-3043 e-mail: dfaber@auburnwa.gov Area Code: 253 Fax: 931-4005 http:// www.auburnwa.gov/arts Federal Tax ID#: 91-6001228 WA State U B I #:171-000-010 Award Contact: Mr. ? Ms. X Title: Cultural Arts Manager First Name: Laurie Last Name: Rose Address: City: Zip: Auburn Parks, Arts & Recreation Auburn 98002-6200 910 Ninth St. SE Area Code: 253 Phone: 804-5057 e-mail: Lrose@auburnwa.gov Address I Location Venue A: Auburn Perf. Arts Center County Council District #: 7 and KC Council District Venue B: Auburn City Hall County Council District#: 7 ^f Primary Activities Venue C: Auburn Ave Theater County Council District #: 7 r 4Culture / 2006-2007 LAA Sustained Support Application Narrative Statement City of Auburn 2008-2009 LAA Sustained Support Grant Application What is the organizing structure (government, non-profit, etc.) and what are the mission and goals of youragency? The City of Auburn Arts Commission (AAC), a division of Auburn Parks, Arts Et Recreation, is a government arts agency founded by ordinance in 1984. The commission itself is comprised of two full- time staff and a 12-member appointed citizen advisory board, whose purpose is to assess and provide recommendation to Mayor and City Council regarding the arts and cultural enrichment of the community. Recognizing the arts contribute significantly to the quality of life and economic growth of a community, AAC's mission is to foster a home for the arts and artists throughout the City of Auburn. AAC's approach toward realizing iLl mission over the past twenty-five years is to either provide, or support arts programs throughout the city. AAC sponsors a range of arts programs and initiatives. Each is representative of the entire arts spectrum, from visual and public art to performance and art education. Through these programs, the goal is to provide programming of certain excellence, diversity and vitality, as well as provide a partnership to/with other local arts organizations, independent artists and the residents of the Auburn valley. Each program is assessed in the following way: Promote art for its own sake; Reflect that cultural activities are an essential part of daily life; Arts programs are a dynamic form of community-building and an exceptional way to express the diversity of the people who live in the city; Continually expand current programs and explore new opportunities to present a wide variety of arts programs, keeping all accessible and affordable; Support and cultivate locally-based artists and arts organizations or groups and serve the City's overall purpose for presenting /supporting the arts economically and socially. What are your primary accomplishments during the last two years? First, AAC revamped its visual arts program. AAC discovered that a great many visual artists call the valley home, so we have entirely retooled the visual arts program in an effort to expand opportunities to exhibit art. AAC started with raising the profile of its City Hall Gallery program by creating a brochure for the gallery season, expanding the gallery space itself with portable panels and tightening the exhibit schedule in order to feature more artists, holding meet-the-artist receptions for each exhibit and aggressively seeking out South County artists. The result has been wider and more frequent media coverage, higher volumes of visitors (informal assessment by Mayor's Office), an increase in art sales and genuine investment by local artists. The applications for 2008 gallery season doubled from the year before and almost tripled from the year before that. Two new visual arts programs this past year are the introduction of "special exhibit" shows, presented in other locations throughout the city (Darel Grothaus at Mountain View Cemetery in '07 and upcoming Greg Beadreau's "This is Auburn" show in '08) and the Senior Activity Center rotating exhibit gallery wall (Cheryl Sallee Gallery). AAC is in the early stages of creating an annual Small Works Show in partnership with the White River Valley Museum in their Key Bank Gallery for late 2008. It also took on management of the Good Ol' Days art show, navigating a delicate balance of maintaining the spirit of a widely loved annual "juried" art show while making the process of event promotion, call-to-artists, art registration and art return easier for artists and volunteers. A record number of 35 artists submitted work to this show in 2007--all of whom were Auburn residents. AAC then tackled its public art program, also by retooling the program. Two professional surveys of the entire collection were conducted in '06 & '07. Reference guides of artist's contacts, cleaning methods, annual maintenance plan and maintenance fund, and conservation resources were created for the first time. A Percent-for-Art funding program for commissioning of new works is currently being developed by City Council Planning Et Community Development Committee and AAC Staff, to be ratified in 2008 as an adjunct to the current Public Art General Fund plan. A long-range plan (current year to five year) is being completely re-written by AAC committee, also to be ratified by Council in '08, along with the collection's first accession/deaccession policy. The long-range plan will be reviewed each year, updated and included in the City's annual Capital Fund Projects review. After that, AAC retooled itself. The commission's bylaws, mission, vision, goals and strategies were all reviewed and updated. Term limits were established for the first time, each AAC program was given a vision, mission, goal statments and assessments were made as to how well the AAC is serving a ?. community that has changed significantly over the past 10-15 years. "Action Committees" were established, allowing for public-at-large participation as a strategy toward raising awareness about AAC and allowing the commission to become more directly involved with the community it represents. AAC City of Auburn LAA Grant App Page 1 of 2 requested and was subsequently appointed a council member to sit on the. Commission to streamline communication between the two groups. Lastly, the City took over the operation of the Auburn Ave Theater. For over 30 years, the venue operated as a dinner theater/cabaret space, but the owners were ready to focus their endeavors elsewhere. The City of Auburn is particularly focused on downtown redevelopment and an arts venue situated in its heart is a valuable economic development tool to attract business and developers, so it jumped at the opportunity to maintain the venue's operation as a performing arts center. The AAC staff has been tasked to develop business and programming plans for the venue while much needed capital improvements are done. Thus far, the vision for the venue has been generally drafted to be "a community theater for and by the community," hosting primarily locally and regionally-based groups. While that vision is being flushed out, the AAC will book in a variety of performances throughout 2008 to get operations underway. It is anticipated the BRAVO Performing Arts series will be retooled, just as its other fellow programs this past year, to support the venue's operations and the children's BRAVO presentations will definitely make the venue change in 2008. It is the long-range goal to have to venue function much like the other rental spaces in the county, with approximately 80% use by rentals and 20% by CoA presentations. What are the priorities for your community at this time and how is your agency responding? Voters recently approved annexation of two unincorporated neighborhoods into the city limits, which will grow the population by approximately 15,000. The AAC sees this as an opportunity for outreach, using its mission to welcome these neighborhoods into the city, either by recruiting individuals for committee work, or determining how to incorporate its programs in the neighborhoods themselves. As mentioned above, the City is focused on downtown redevelopment. The AAC has, in its reevaluation process this past year, reviewed which of its programs (aside from the theater, being the most obvious) would serve this goal. A "self-guided walking tour" brochure of the public art works located in the downtown core is in development (awaiting the installation of an additional work: W. Main Street Project, by Tom Askman Et Lea Ann Lake, in Jan 08). The City Hall Gallery meet-the-artist receptions were changed to a day/time that better suits commuters and promotes possibility of patronizing one of the restaurants in the area. With so much focus on building, new developments and growth, the Percent- for-Art funding program was introduced to incorporate Public Art as an integrated feature of new construction, reflecting the forward-momentum and vision for the City. Adoption of the fund is anticipated later in 2008, as noted above. The AAC Action Committees have determined this past year that it's not enough to ask folks to "come to the art," but, rather to seek opportunities to bring art out into the community where people live and work. Last year, the art show at the Mountain View Cemetery was an example of this initiative. We are currently working on another visual art show, "This is Auburn," that we intend to be a mobile exhibit of photographer/ painter Greg Beadreau's study of Auburn's people and places. AAC's annual support of school residencies has always served this goal well. A constant priority for the City is to reflect Auburn as an entertainment and cultural junction in South King County. AAC programs compliment the wide variety of activities offered throughout the valley, from Emerald Downs, White River Amphitheatre, Pacific Raceways, Helen White Gallery (GRCC) to White River Valley Museum, Neely Mansion, Auburn Symphony Orchestra I* Chamber groups. Specifically, how does Sustained Support funding assist you in your efforts? Historically, AAC "re-grants" funds received from 4Culture LAA Sustained Support to those arts organizations who need their own sustained support, but who might not otherwise qualify, or be able to reasonably compete for funding. These grants are between $500 - $5,000, with the average award ranging $1,500 - $2,500. Additionally, in recent years, with allocations increased, it has afforded AAC the opportunity to expand its own programs without competing for local sponsorship against those organizations we otherwise support, or request budget increase from the City. The visual arts program in particular greatly benefitted these past two years, as mentioned above. The organizations /projects funded in 2007 are: Dare[ Grothaus exhibit w/reception guest speaker; 4Culture Site Specific/Park Bench; Auburn Regional Theater (brand new ensemble); White River Valley Museum's Key Bank Gallery exhibits of Abby Williams Hill oils and America At War-WWII Poster Propaganda; Auburn Teen Council's S'More Than You Imagined; 12th annual Uniquely Auburn showcase of all things arts in Auburn; guest artist Eileen Ivers with Auburn Symphony Orchestra; Terminal Park Elementary PTA Missoula Children's Theater residency; Seattle Opera Young Artists "Opera Goes to School" residency at Chinook Elementary; Public Ex Visual Art Program support. City of Auburn LAA Grant App Page 2 of 2 FINANCIAL and PERSONNEL INFORMATION Name of Organization: City of Auburn Arts Commission Fiscal Year Ends: Dec. 31 ACTUAL FINANCIAL FY 2005 1 Arts Program Expenses: For organizations using ca ACTUAL FY 2006 lendar year budgets, use 2 CURRENT BUDGET FY 200712008 003, 2004, 2005 & 2006. 2 Personnel: 3 Artistic permanent 4 temporary 5 Production permanent 6 temporary 7, 111 6, 344 7, 100 7 Administrative permanent -88, 393 101, 510 165, 900 8 temporary 9 Education permanent 10 temporary 11 Production/Exhibition expenses 175,917 184,330 202, 600 12 Marketing/Promotion expenses 9,275 10, 407 20, 500 13 Fundraising expenses n/a n/a n/a 14 Education expenses n/a n/a n/a 15 Occupancy expenses(mortgagelrentiutilities) n/a n/a n/a 16 Administrative expenses 24,757 15,578 11, 300 17 Subtotal 305, 453 318, 169 407, 400 18 In-Kind expenses (must = Inkind Contributions) 20,500 11, 0 0 0 20,000 19 TOTAL ART PROGRAM EXPENSES 325, 953 329, 169 427,400 20 Revenue Sources (Earned): 21 Box Office/Admission 76, 950 81, 550 82, 360 22 Tuition/Workshops 23 Sales/Concessions/Rentals 24 Interest & Earnings (savings, reserves, etc.) 25 Other Earned Income 1, 300 26 TOTAL EARNED REVENUE 78,250 81, 550 82,360 27 Revenue Sources (Contributed): 28 Federal Government 29 State Government WSAC PROJECTS 2,500 30 4Culture LAA 11,865 13,000 15, 600 31 City Government City of Auburn 210,338 213, 119 304, 440 32 Corporations BOEING 3,000 33 Foundations 34 Individuals 35 Fundraising Events (?Net or ?Gross income?) 36 Misc. contributions PIERCE CO 5, 000 5,000 5,000 37 SUBTOTAL CONTRIBUTED INCOME 227,203 236,619 325,040 38 In-Kind Contributions 20,500 il, 000 20,000 39 GRAND TOTAL INCOME 325f953 329, 169 427,400 PERSONNEL 40 Arts Program Personnel: 41 # of Artistic permanent 42 temporary 43 # of Production permanent 44 temporary 45 # of Administrative permanent 46 temporary 47 # of Education permanent 48 temporary I2 FTE 12 FTE 12 FTE 1PTE 1PTE 1PTE 4Culture 1 2006--2007 LAA Sustained Support Application Page 4 NOTES - Financial and Personnel Information Name of Organization: City of Auburn Arts Commission Fiscal Year Ends: Dec. 31 If more room is needed, copy this form and attach additional sheets. Line Item / Year Note ALL ALL The City of Auburn switched from annual budget cycle to bi-annual in 07-08. However, the budget numbers listed reflect a single year of operation, for both 07 & 08, respectively. 6 & 7 ALL Variance in Perm. Admin. due to, 1) staff turn-over. 2007 marks first full year in two that both FTE were on payroll all 12 mo., 2) Aub. Ave Theater FTE was added for 2007 only. All Numbers are salary only. Personnel Benefits budget not incl. (no "actual" payout). 11 ALL CoA allocates 2/3 of our entire budget under this category, which it calls "Professional Services." Arts Comm. line items incl. here are BRAVO & Summer Sounds artist fees, touring hospitality, venue rental and tech, Proj. Support Grants, Art Ed., Vis. Art program & Pub. Art maintenance. CoA incl. some "marketing" items here (outsourced graphic design, etc). New Public Art commissions & all Aub Ave Theater operations are separate funds (see attached) 12, 16 ALL CoA has "interfund" charges, which includes some "Admin" and some "Mktg". From 2005 to 2006, dept interfund allocations were reassesed and separated into two different funds, accordingly. CoA MultiMedia department produces some of our promotional materials. Some "Admin." costs, such as office equip and communications are also associated with this fund. .?, 15 ALL Occupancy expenses are not specifically allocated to City dept. divisions. 16 2007 The Auburn Reporter increased # of publications from 2 to 8 monthly. Ad buys increased accordingly. Additionally, promotion plan was expanded into other markets and mailing list doubled with the acquisition of Aub. Ave. Theater 18 ALL Media sponsorship, backstage hospitality; 2005 Boeing printing; Media sponsorship increased in 07 with increase in Reporter Papers publications 25 2005 special events, like 4th of July Festival, were once a part of Arts Commission, who collected exhibitor fees. These events have been reorganized into their own Parks division/staff starting in 2006 27 2006 Arts Commission partnered with Aub. Symph Orch to present a concert with guest artist/band. Additional grant/sponsors were sought for all BRAVO programs in order to cover increase in artist fee budget and not cut programming. 37 ALL Pierce County sponsors the Summer Sounds Cinema and Family Park Party at Sunset Park (Auburn city limits are cross county between King & Pierce) Name of Organization: City of Auburn/Auburn Ave Theater and PUBLIC ART FUND FINANCIAL 1 Arts Program Expenses: 2 Personnel: Fiscal Year Ends: Dec. 31 PUBLIC ART AUB AVE THEATER FY 2008 3 Artistic permanent The Public Art fund is a 4 temporary separate budget, drawn 5 Production permanent from CoA General Fund 6 temporary to finance production 5, 000 71 Administrative permanent costs associated with 57, 900 8 temporary new commissions. 9 Education permanent Historically, AAC was 10 temporary allotted $30K to i i k 11 Production/Exhibition expenses on new wor comm ss annuall and allowed to 42,800 12 Marketing/Promotion expenses y roll over unexpended 5,000 13 Fundraising expenses funds. In 2006 Council n/a 14 Education expenses discontinued the n/a 15 Occupancy expenses (mortgage/renUutilities) automatic allotment in 81, 600 16 Administrative expenses favor of a "per project 5, 400 17 Subtotal proposal" basis that will 197, 700 18 In-Kind expenses (must = In-kind Contributions) work in conjunction with 19 TOTAL ART PROGRAM EXPENSES the Percent for Art Fund to be a roved in 2008 197,700 20 Revenue Sources (Earned): 21 Box Office/Admission ( pp . The Public Art collection currently has 21 pieces. r 30, 000 22 TuitionNVorks hops 23 Sales/Concessions/Rentals 10,500 24 Interest & Earnings (savings, reserves, etc.) 25 Other Earned Income 2,000 26 TOTAL EARNED REVENUE 42,500 27 Revenue Sources (Contributed): 28 Federal Government 29 State Government 30 4Culture 31 City Government City of Auburn 140,200 32 Corporations 15, 000 33 Foundations 34 Individuals 35 Fundraising Events (ONet or OGross income?) 36 Misc. contributions 37 SUBTOTAL CONTRIBUTED INCOME 155,200 38 In-Kind Contributions 39 GRAND TOTAL INCOME 197,700 PERSONNEL 40 Arts Program Personnel: 41 # of Artistic permanent 42 temporary 43 # of Production permanent 44 temporary 45 # of Administrative permanent 2FTE 46 temporary 1 LITE 47 # of Education permanent 48 temporary NOTES - Financial and Personnel Information Name of Organization: City of Auburn/Auburn Ave Theater Fiscal Year Ends: 12/31/2007 If more room is needed, copy this form and attach additional sheets. Line Item / Year Note ALL The Aub. Ave. Theater is a separate budget/program from the Auburn Arts Commission. 2007 the theater was not in full operation until end of Oct. All expenses prior to then were capital. 7 1 Aub. Arts Commission FTE (Cultural Arts Mgr) not in this budget. 11 same CoA budget structure as noted on AAC Financial Info 13 fundraising will be all capital for 2008 25 'other' income: prod.tech billable hours for rentals contributed income Majority of fundraising efforts in 2008 will be for Capital improvements 32 Program sponsorship goal. 4Culture / 2006--2007 LAA Sustained Support Application Page 5 EVEN C Y TS- urrent ear Name of Organization: Auburn Arts Commission Events for Year Ending: 12/31/2007 Events - Programs - Services Name or Title CURRENT Year Dates Month!Year n of Events,' Days Location 'Venue Attendance l # Served BRAVO Performing Arts Series Riders in the Sky Jan-07 1 Auburn PAC 872 Nomadic Theatre Jan-07 1 Auburn Riverside 130 Aub. Symph Orch/Eileen Ivers Feb-07 2 Auburn PAC 1,050 Captain Bogg & Salty Feb-07 1 Auburn Riverside 180 BYU's Broadway Rhythm Mar-07 1 Auburn PAC 925 Tim Noah (Al Simmons canceled) Mar-07 1 Auburn Riverside 258 McManus Comedies Mar-07 1 Auburn PAC 580 Tears of Joy Puppet Theater Apr-07 1 Auburn Riverside 100 Cirque Voila! Apr-07 1 Auburn PAC 865 San Jose Taiko Sep-07 1 Auburn PAC 553 Aub. Symph Orch Oct-07 2 Auburn PAC 667 Salvage Vanguard Theater Oct-07 1 Auburn PAC 350 Red, White & Blue Holiday Concert Dec-07 1 Auburn PAC 670 City Hall Gallery Annual "Reflections" PTA exhibit Jan-07 14 City Hall lobby n/a C.Adams & A.Simernitski Jan-Feb 07 28 City Hail lobby D.Borland-Westpphal Feb 07-Mar 07 28 City Hall lobby D.DeLeva Mar 07- Apr 07 28 City Hail lobby V.LeMerre Apr 07-May 07 28 City Hall lobby K.Martin & S.Sheppard May 07- Jun 07 28 City Hall lobby S.Godwin & J.Woodard Jun 07-Jul 07 28 City Hall lobby Q.Zhong-Wei & C.Jiang Jul 07-Aug 07 28 City Hall lobby Annual Good 01' Days Juried Art Show Aug-07 21 City Hall lobby R.Jordan & F.Moges Sep-07 28 City Hall lobby I.Eggerman & CoA Staff artists show Oct-07 28 City Hall lobby A.Wells & S.Westergreen Nov. 07 28 City Hall lobby M.Dilbeck, J.Hughey, Y.Manchik & N.Worth Dec. 07 28 City Hall lobby Arts Residencies/Outreach Opera Goes to School Feb-07 5 Pioneer Elementary 35 Clowning Class (Cirque Voila) Apr-07 1 Pioneer Elem Circus Class 20 BYU B'Way Rhythym concert pert. Mar-07 1 Aub. Reg. Med. Ctr 100 Paint the Bowl Jul-07 1 Roegner Skate Park 30 Project Support Grants Aub. Symph. Orch spring concert Apr-07 2 Auburn PAC 600 Uniquely Auburn Showcase Jan-07 1 Auburn PAC 500 Missoula Children's Theater Jan-07 5 Terminal Park Elementary 50 Abby Williams Hill exhibit Sep-07 40 White River Valley Museum 2,600 Auburn Youth Council Oct-07 1 S'More than You Imagined 300 Auburn Regional Theatre/Tempest Sep-07 8 Auburn Riverside 350 KC Site Specific/Park Bench Aug-07 1 Game Farm Park 400 Darel Grothaus exhibit/S.Applegate lecture May-Jun 07 28 Mountain View Cemetery 500 Good 01' Days Music Stage Aug-07 4 downtown Auburn 3,000 4Culture / 2006-2007 LAA Sustained Support Application Page 6 Summer Concerts Vicci Martinez Jul-07 1 Game Farm Park 400 Bobby Medina Jul-07 1 Aub. Golf Course Clubhouse 100 Latigo Lace Jul-07 1 Roegner Park 300 AUBURN IDOL Aug-07 1 Les Gove Park 600 SPF-50 Aug-07 1 Sunset Park 600 May Palmer Band Aug-07 1 Game Farm Park 400 4th July/The Goods & Magic Bus Jul-07 1 Les Gove Park 3,000 Eric Haines Jul-07 1 Les Gove Park 300 Eric Herman Jul-07 1 Les Gove Park 350 Jeff Evans Aug-07 1 Les Gove Park 500 Linda Severt Aug-07 1 Les Gove Park 475 Noiseguy Aug-07 1 Les Gove Park 320 TOTAL ATTENDANCE 23,030 4Culture / 2006-2007 LAA Sustained Support Application Page 6 Name of Organization: City of Auburn Arts Commission Events for Year Ending: 12/31/06 Events - Programs - Services Name or Title MOST RECENTLY COMPLETED Year Dates NlonthJYear # of Events 1 Days Location i Venue Attendance i 4 Served BRAVO Performing Arts Series Imago Theater Jan 1 Auburn PAC 660 Tangoheart Jan 1 Auburn PAC 460 Aub. Symph Orch Feb 2 Auburn PAC 750 An Tua & Comerford Dancers Mar 1 Auburn PAC 500 David Scheel Sep 1 Auburn Riverside 258 Seattle Opera Young Artists Nov 1 Auburn Riverside 125 Dance Theatre of Oregon Nov 1 Auburn PAC 580 Louie Foxx Jan 1 Auburn Riverside 125 Wonderglobe Feb 1 Auburn Riverside 200 Identical Harmony Mar 1 Auburn Riverside 250 theater simple Apr 1 Auburn Riverside 175 Red, White & Blue Holiday Concert 1 Auburn PAC 600 City Hall Gallery Annual "Reflections" PTA exhibit Jan 14 City Hall lobby n/a D.Cahn Jan-Mar 35 City Hall lobby J.Collins & G.Guidici Mar-Apr 35 City Hall lobby M.Weston & B.Smith Apr-May 35 City Hall lobby L.Bishop & R.Hammond Jun-Jul 35 City Hall lobby L.Lord Jul-Aug 28 City Hall lobby Annual Good OI' Days Juried Art Show Aug 14 City Hall lobby N.Strom-Avila & J.Braun Aug-Sep 35 City Hall lobby D. Haggerty Oct-Nov 35 City Hall lobby Arts Residencies/Outreach Opera Goes to School Feb 5 Pioneer Elementary 35 Comerford Step Dance Mar 1 Pioneer Elem Circus Class 20 Imago school show Jan 1 Auburn PAC 1,000 Project Support Grants Aub. Symph. Orch Chamber concerts 4 Auburn Mountain View 500 Uniquely Auburn Showcase 1 Auburn PAC 500 Evergreen City Ballet 5 Terminal Park Elementary 50 America at War Poster Art 40 White River Valley Museum 1,200 Puget Sound Musical Theater 5 Gildo Rey Elementary Musical 300 Auburn Regional Theatre/Tempest 8 Auburn Riverside 350 Puget Sound Wind Ensemble 1 Auburn PAC 400 SLAB 2 various locations in auburn 100 Good OI' Days Music Stage 4 downtown Auburn 3,000 Summer Concerts Paperboys 1 Game Farm Park 500 Yerbabuena 1 Game Farm Park 300 Soul'd Out 1 Game Farm Park 470 AUBURN IDOL 1 Game Farm Park 600 Emerald City Throwdown 1 Sunset Park 600 4Culture / 2006--2007 LAA Sustained Support Application Page 7. Gerry Andall 1 downtown 400 4th July/Bobby Medina 1 Les Gove Park 3,000 Brothers of Diff Mothers 1 Les Gove Park 400 Eric Herman 1 Les Gove Park 350 Rowdy Refs Gameshow 1 Les Gove Park 250 Joel Brantley's Hoedown 1 Les Gove Park 400 Magician Kevin Wolfe 1 Les Gove Park 450 Shakespeare in the Park 1 Game Farm Park 100 Jazz on the Commons 1 GR Comm. College 200 Kennedy Brothers 1 downtown 100 TOTAL ATTENDANCE 20,258 4Culture / 2006--2007 LAA Sustained Support Application Page 7 5. Final Checklist and Signatures Your complete application packet should include the documents below in the following order: APPLICATION V Application Cover Page, page 1 This is the first page of the application, which includes contact information for your organization. Narrative Statement, page 2-3 This is an attachment, not to exceed 2 pages, which addresses the four questions listed in the application. Financial and Personnel Information, page 4-5 This is an Excel sheet embedded in the application. Complete and print out both the Financial and Personnel Information worksheet, and the Notes worksheet. J3 Events, page 6-7 This is an Excel sheet, also embedded in the application. Complete and print out both the Events One and Events Two worksheets. Signature Page, page 8 This is the last page of the application, which includes this final checklist and the place below for the signature(s) of an authorized representative of your organization, and a representative of your municipal leadership, if applicable. *Include one signed original application, and ten double-sided copies, all three-hole punched and paper-clipped, NOT STAPLED, in your application packet. E-MAIL APPLICATION WORD AND EXCEL ATTACHMENTS ? E-mail electronic copies of application Word and Excel pages 1-7 to charlie.rathbun(a)4culture.org Please include "Sustained Support Application" in subject line of your e-mail. ORGANIZATIONAL PAPERWORK Copy of municipal legislation creating your organization or IRS determination letter of non-profit status F]--List of Commission, Arts Council, or Board members *Include just one copy of each of the pieces of organizational paperwork, paper-clipped, NOT stapled or three-hole punched. ADDITIONAL SUPPORT MATERIALS ? These might include a current season/program brochure, and a sampling of past program brochures and reviews. *Include just one copy of additional support materials, NOT stapled or three-hole punched. Signatures Each signatory declares that s/he is an authorized oPe"i the applicant organization or individual representative, is authorized to make this application, and will assure that any s re ed as a result of this application are used only for the purposes set forth herein. Ll_>11? ignature of Applicant Director B. Signature of Municipal Leadership Page 8 4Culture / 2006-2007 LAA Sustained Support Application 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. The Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Liability Insurance Services Office form number (CG 00 01 Ed. 11-88)-Minimum Combined Single Limit of $1,000,000 BI & PD with a General Aggregate per project 1. 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. 2. 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 insured 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. 3. 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. 4. Verification of Coverage Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' prior written notice to 4Culture.