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HomeMy WebLinkAbout4828 RESOLUTION NO 4828 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 No/100s 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. 4828 June 2012 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. w� SIGNED and DATED this day of July, 2012. CI F BUR TER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APP VE AS TO FO M: Daniel B. Heid, City Attorne Resolution No. 4828 June 2012 Page 2 Agreement No. 112061A Contractor's Federal Taxpayer ID No. (last 4 digits) Contractor City of Auburn Project Title: 2012 Programs Contract Amount: $17,00000 Fund Source: CP =Arts Sustained Support Contract Period From: 01/01/2012 To: 12/31/2012 AGENCY SERVICES C014TRACT 2012 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 City of Auburn (the "Contractor"), whose address is 910 Ninth Street SE, Auburn, WA 98002 and telephone number is (253) 804-5043 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. 2012-10 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 consistent 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 sea. 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 2012 Page 1 of 7 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 contractor 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 2012 Page 3 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 2012 Page 5 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, V1, VII, VIII, IX, XI, XI I, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: � C T CTO 4Culture CDA Executive Directo Signature 7�1 �(Z pe,�c r eli, rs Dafe Name (Please type or print) Ma, y- Title (Please type or print) JUL 22012 Date AG SVC 2012 Page 7 of 7 Exhibit A SCOPE 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 2012 Programs, including Uniquely Auburn (Jan);ArtRageous (August); Small Works/Big Presents Small Works Exhibition (November) and the BRAVO performing arts series at the Auburn Avenue Theater and Performing Arts Center (Sept-Dec) 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, fivers if available PUBLIC BENEFIT Programs are accessible to a broad range of King County residents. Programs are accessible to a broad range of King County residents. With the exception of ticketed presentations as part of the BRAVO Performing Arts Season all the programs listed above are free-admission to patrons. Accessibility and public benefit is the paramount purpose and goal of all our municipally sponsored programs. 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, websites, press releases, programs, posters, public service announcements, flyers and advertisements. Please contact your 4Culture contract administrator or go to www 4culture.org to download the appropriate logo credit. Finial moment will not be made until acknowledgment is submitted on printed material DCHIBIT B Arts Sustained Support 2011 City of Auburn Address Website 25 W Main St www.aubumwa.aov/arts Auburn Washington Email 98001 artsrcaubumwa.cov Phone King County Council District # (253) 804-5053 7 WA State Legislative District # 31, 47 Date Incorporated 09/09/1984 Federal Tax ID 91-600-1228 WA State UBI# 171-00-010 Revenue last fiscal year $65,529 Revenue 2nd to last fiscal year $75,941 Organization Director Director of Parks, Arts and Recreation, Mr Daryl Faber Director Email dfaber @aubumwa.gov Director Phone (253) 804-5044 Organization Description A local government agency founded by ordinance, comprised of an appointed (by Mayor and Council) 12-member advisory board whose purpose is to advise staff in order to offer quality arts programs and services for the citizens of Auburn. Mission The City of Auburn Arts Division's purpose is to serve the citizens of Auburn by fostering cultural growth and enrichment, sponsoring programs representative of the entire arts spectrum and providing programs that are reflective of the growing diversity of the population of the City of Auburn. Contact Person Arts Coordinator, Ms. Maija McKnight Contact Phone (253) 804-5043 Contact Email mmcknight @auburnwa.gov How do you define your community? (Consider audiences, content producers, and supporters/volunteers.) file:///Rl/ .AA%2OApplimdons%20--%20ind.%20pdf%2Oportfolio/Aubum%2OArts%2ODivision/Aubum_0011 fieldData.htmi[5/14/201.2 4:24.47 PM] • Arts and Culture Regranting to the following organizations: Auburn Symphony Orchestra, Uniquely Auburn, White River Valley Museum • Community Mural Projects all funded by Community Based Services Grants (and all artist led) • Clean Sweep - Volunteers painted a mural to be placed on the side of the Auburn Avenue Theater • ArtRageous - Festival attendees painted temporary murals to be placed on construction fencing • Urban Artworks - Seattle non-profit that works with youth to create murals. Hosted an 8-week program in which they painted murals that are installed on the Les Gove Community Campus Construction fencing. o Downtown Business District - Community members were invited to paint on the boarded up windows of an abandoned building in the downtown core. What do you hope to accomplish in the next two years and what are your challenges? Auburn faces the same economic challenges as the rest of King County Auburn's Mayor and Council, however, are very supportive of the arts and understands the importance of a vibrant arts community to the quality of life for its citizens. That being said, with these economic times, working towards maintaining funding, seeking new funding/sponsorship resources is paramount, while also strategically planning to ensure quality of all programming offered. A vibrant arts community requires investment and involvement of the citizens. Various arts organizations and arts groups are active in Auburn in which we seek to continue to financially support. In the past two years, a large percentage of the 4Culture Sustained Support funding has been dedicated to the presentation of ArtRageous. This festival has been incorporated into the budget decision package for 2011-2012 in consideration of being fully funded by the City budget and not grant dependant. This will allow us to use 4Culture funds for regranting to many of the smaller arts organizations in need We have an engaged group of commissioners, many of whom are relatively new and passionate about continued arts funding even in a tight economy A strategic planning retreat as well as some training sessions will be key for prioritizing future potential decisions. With the City investment in downtown redevelopment infrastructure, working with the Economic Development staff as well as providing additional programming will be a priority A potential art walk, events, festivals, and working with businesses to display artwork are ongoing conversations. file:///RJ/ .AA%20Applications%20—%20inct.%20pdfO/o20portfolio/Aubum%20Arts%2ODivOon/Aubum_0011_fleidData.html(5/14/2012 4:2447 PM] i�a CULTURE ?' .;.2(t'1.1;tStutediUpport N dPe�ut9`S>,rcd4et,,�r�:rt< `� '�a�^�+°-. Budget notes are valuable in explaining your organization's operations. Please use this area to h u elp us understand your operations, and focus on any categories that show a significant variance from year to year Make sure to explain what makes up your in-kind revenue if it represents more than 10% of your total income I LINE ITEM/CATEGORY EXPLANATION I Biennial budget cycle.City Council will approve 2011-2012 budged in December 2010. ALL Figures include both Arts and Aubum Avenue Theater budgets.Pub Art not included I Reduced hours for part-tune arts assistant 6 Eliminated one arts position and reassigned management dunes to another staff member, 7 a portion of who's salary is part of Arts&Theater budgets.(=count is 2.5) Production expenses include performing arts fees,rentals,community arts support,art 1'1 education.gallery and public art administration.(Public art is a separate capital fund). Lease payments and general repairs for Auburn Avenue Theater 15 Admirustrative Expenses include supplies,small tools&minor equipment, 16 communications,training,and travel charges. Program reductions,lower than average BRAVO Performing Arts series attendance,and 21 25 loss of rental revenue due to economy I FY 2009-10 includes LAA sustained support and equipment grant;FY 2010-11 includes j 30 LAA sustained suppor,only I � c8 Interfund City Services including Multimedia&Information Services I I I � II City of Auburn Parks, Arts and Recreation Arts Commission Name & Officer Titles Professional or Community Affiliation Leslie Moore, Auburn Arts Commission Chair Dean Green River Community College, Continued.Education Patricia Judd, Auburn Arts Commission Vice- -AaubUrn School District Administration Chair and 2011 Chair Tanya Rottle, Public Art Committee Chair Elementary Educator (5 Grade) Debby Deal, Visual Art Committee Chair Artist/Community Advocate Donna Smart, Arts Education Committee Chair Reference Libranan/Community Advocate David Sader Performing Arts Committee Chair Musician/Community Advocate Linda Elliott Elementary Music Teacher, Auburn Symphony Orchestra Board Member Nancy Colson Real Estate Broker Auburn Symphony Orchestra Board, Former 4Culture Advisory Board, Soro timist Cary Davidson Secondary Education Teacher/Graphic Artist Greg Watson Secondary Education Teacher/Historian Rich Wagner(ex-officio/non-voting) City Council Liaison Staff Daryl Faber Director Auburn Parks,Arts and Recreation Maija McKnight, Arts Coordinator Auburn Parks, Arts and Recreation Julie Brewer, Special Events and Marketing Manager, Aubum.Parks, Arts and-Recreation EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure, at its sole cost and expense, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractors. For All Coverages: Each insurance policy shall be written on an "Occurrence"form. 1 Minimum Scope of Insurance needed for this contract is as follows: ® Commercial General Insurance Services Office form number(CG 00 01 Ed. 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per project Automobile Liability Covering all owned and non-owned and hired automobiles-Combined Single Limit of_$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be declared to, and approved by,4Culture. The deductible and/or self-insured retention of-'the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the Contractor 3. Other Insurance Provisions A. The insurance policies are to contain, or be endorsed to contain, the following provisions: (a) General Liability Policies (1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement. (2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any way (3) The Contractor's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability (b) All Policies (1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the fife of this contract. No material change, or cancellation or nonrenewal of any policy required by this contract shall occur without thirty(30)days' prior written notice to 4Culture. 4. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or if not rated with Best's, with minimum surpluses the equivalent of Bests'surplus size VIII. 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance With all requirements set forth above.