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HomeMy WebLinkAboutITEM IV-AAGENDA BILL APPROVAL FORM * SASH IIG'Ti Agenda Subject: Acceptance of a 4Culture Grant in the Amount of Date: 6/14/2010 $17, 000 Department: Parks, Arts & Attachments: Resolution 4610 and Budget Impact: Recreation Agreement No.110127A Administrative Recommendation: City Council adopt Resolution 4610 Background Summary: The office of the Cultural Development Authority of King County, doing business as 4Culture, awarded a grant to the City of Auburn in the amount of $17,000 per annum for the 2010 cycle as part of its Local Arts Agency Sustained Support program. Funds for this program are provided through King County's HotellMotel Tax funding initiative. Grant cycles are a bi-annual competitive process. Funding is allocated annually. The money supports City arts programming as well as community organizations that present art programs and/or activities serving the citizens of Auburn. All funded programs are required to acknowledge support from the City of Auburn and the 4Culture HotellMotel Tax fund in printed materials and their websites. R0719-1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ® Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0 ❑ 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 ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing I l Referred to Until I l Tabled Until I I Councilmember: Norman Staff: Faber Meeting Date: July 19, 2010 Item Number: R0719-1 rr~Y t 4 ~ i ri' rr ~ :'r }1 •~K SAY J l ~ ~ I i y a fir' ti i f.. ~ ~ .i f ~ Sr 'r9 .AS ~1 RESOLUTION NO. 4610 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 Cultural Facilities 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 No1100s Dollars ($17,000.00), and authorizes the Mayor and City Clerk to execute the Contract with 4CULTURE in substantial conformity with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. 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. 4610 June 2010 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 19th day of July, 2010. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4610 June 2010 Page 2 3 Agreement No. 110127A Contractor's Federal Taxpayer ID No, blast 4 digits Contractor City of Auburn Arts Commission Project Title: 2p~p Programs Contract Amount: $17,000.00 Fund Source: CP--Arts Sustained Su ort pp Contract Period From: 01/0112010 To: 12131/010 AGENCY SERVICES CONTRACT 2014 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHQRI TYQF KING CQUNTY ~"4Culture"}, whose address is 1 D1 Prefontaine Place South, Seattle, WA 98104-2672 and tele hone number is 246 296-7580 and Cit p ~ ~ of Auburn Arts Commission the Contractor ,whose address ~s 910 Ninth St SE Auburn WA 98402-6204 and telephone number is 253 804-5043. Cantractor is an art cultural or historical organization or specialist qualified to receive funds pursuant to Kin Count Code Sections 2.48 and 4.42 and R g y CW 67.28.1 SO and as hereinafter may be amended. The 4Culture Board of Directors approved providing funds for this project by Mo#~on No. 2010-28. 4Culture desires to provide funds with which the Cantractor shall render cerkain services to Kin Count citizens. Such services are for the g y benefit of art museums, cultural museums, heritage museums, the arts, andlor the performing arts and are cons~stant with those defined in RCW 67.25.180 r"Public Benefit ' if l Services 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730 et se . RCW 35.21.750 provides as follows: "jAll] liabilities incurred by such public cor oration, commission or autharit shall be p ' y sat~sf~ed excluswely from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action a ainst the cit town, or count creat~n such g y' y g corporative, 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 providin funds to Contractor to reimburse Pro e g ~ ct 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 ublic funds ma pro erl be ex ended or advanc p y p Y p ed. NaW, THEREFQRE, inconsideration of payments, covenants, and agreements hereinafter mentioned to be made and performed by the parties hereto, the parties covenant and do mutuall a ree as fellows: Y9 AG SVC 2D 10 Pa e 1 of 7 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 Bud et 9 Attached hereto as Exhibit B ® insurance Re uirements Attached hereto as Exhibit C ❑ Personnel Invento I~C.C.C 12.16.46DA Inc ' ry ~ ombination with Attached hereto as Exhibit D other a regiments, in excess of $25,DDD in a calendar ear ❑ Affidavit and Certificate of Com fiance K.G.C 12.16.D64B Attach p ~ 7 ed hereto as Exh~b~t E for A regiments in excess of $25,DDD ❑ Disability Assurance of Com IiancelSection 5D4 KCC A p ~ ttached hereto as Exhibit F 12.16.D6DD ~RGANIZATInNS ONLY . 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 andlor the Specific Scope of Services attached. Any amendment or modification to the Project Propasal 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 a roved 4Cultur pp e logo in all marketing and promotional materials during the period this contract is in force: Approved logos are available for download in a variety of formats at C U L.T U R E h~tp:!lwww.4cul~ure.orglpartnerllogos K~~n cnur~7r ~ansE~c raz E. The Contractor agrees to notify 4Culture in advance of any public Project activities, includin g but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on Januar 1 ~D1 D and shall terminate on December 31 2D1 D. 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 DDD.oD. AG SVC 2010 Page 2 of 7 v F>> ~ 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 3g 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 64 days after the appropriate invoice is received. D. Contractor shall submit its final invoice and all outstanding reports within 3D 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: ~ . A project evaluation report upon the farm provided by 4Culture. 2. If 4Culture requests, at least two images sprints, slides, or digital images accompanied by ahigh-quality printout} 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 tv 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 ~F AGREEMENT A. Lf, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement yr 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. Prier 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 ~~g}days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECGRDS 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 ~fi}years after termination of this Agreement unless a longer retention period is required bylaw. AG SVC 2010 Page 3 of 7 V!. AUDITS AND EVALUATIONS A. The records and documents with res ect to al! matters covered b this A reement shall be p Y g ' subject at all times to inspection, review or audit by 4Culture andlor federallstate 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 tv its facilities, including by any subcontractor to 4Culture, the King County, state andlor federal agencies or officials at all reasonably times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice tv 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 RCVII Chapter 42.11 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. i VIII. FUTURE SUPPORT 4Culture makes no commitment tv support the services contracted for herein nor guarantee regarding the success of the services and assumes na 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 andlor 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 yr civil service rights which may accrue to a 4Culture em to ee under state or pY Ivcal law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees andlor ethers by reason of this Agreement. To the extent allowed bylaw, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, andlor 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. A~ sec ~o ~ o Page 4 of 7 . 6 B. To the full extent provided by applicable law, the Contractor shall rated, defend indemnif p y, and save harmless 4Culture its officers, employees, and agents from any and all costs, claims, judgments, andlor awards of damages, arising out of yr in any way resulting from the acts or omissions of the Contractor, its officers, employees, andlor a ents, exce t to the extent resuitin from 4Culture's sol 9 p g e negligence. If this Agreement is a "a covenant, premise, agreement or understanding in, yr in connection with or collateral to, a contract or agreement relative tv the construction, alteration, repair, addition #o, subtraction from, ~mprvvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meanin of RCVII 9 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', em to ees' andlor a ents' p Y ~ g negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, andlor cause of action brought by or on behalf of any employees, or agents. In the event 4Culture incurs any judgment, award andlor cost arising there from including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and cysts 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 yr sound reproduction yr 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 ~F INTEREST Chapter 42.23 RCVV 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, yr 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 con#ract. The Contractor further represents, warran#s 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 20~~ Page 5 of 7 ' 3 I i XI1. NONDISCRIMINATION i During the performance of this Agreement, Gontractor shall comply with state, federal and local legislation requiring nondiscrimination in employment and the provision of services to the public, including, but not limited tv; Title VI of the Civil Rights Act of 1964; chapter 49.64 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 rahibitin discrimination p g in contracting; K.C.C. chapter 12.1 S 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 same 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 thereaf 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 A reement which g 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 orunderstandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions ofthis 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 hand 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 2010 p~~~ ~ ~ --C~____I 1 i i I ~~~`XVI. SURVIVAL The terms and conditions of Sections II1, V, VI, Vll, VIII, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: CONTRACTOR: O ~ 4Culture-CDA Executive Director Signature Date Name Please type or print Title Please Type or print} Date AG SVC 2010 Page 7 of 7 Exh~b~tA SCQPE OF SERVICE City of Auburn 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 20 ~ 0 Programs, including Uniquely Auburn ~an 2010}, ArtRageous August 2010}, Small WorkslBig Presents Small Works Exhibition Nov 2010}, and the BRAVU performing arts season at the Auburn Avenue Theateer and Performing Arts Center Sept-Dec 2010}. Events are open and publicized to the community. AMOUNT $~~,ooo.oo 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, Ayers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. With the exception of ticketed presentations as part of the BRAVA Performing Arts Season~which offer subsidized ticket prices, and $5 rush ticket}, all the programs listed above are free admission. Accessibility and public benefit is the paramount purpose and goal of all our municipally sponsored programs. PUBLICITYIPRQMQTIaN PQLICY Prominent acknowledgment of 4Culturel 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:ll4culture.or lu,artnerlindex.htm to download the appropriate logo credit. Final a meat will not be made until acknowled ment is submitted on rinsed material l~'~, it l