AG 22-085 - FEDERAL WAY PERFORMING ARTS FOUNDATIONRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: FWCC
2. ORIGINATING STAFF PERSON: Trisha Plucknett EXT: 6921 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
M OTHER MOU
5. PROJECT NAME: Arts Explosion MOU
6. NAME OF CONTRACTOR: Federal Way Performing Arts Foundation
ADDRESS: TELEPHONE-
E-MAIL: FAX:
SIGNATURE NAME: Mary Gates TITLE President
7. EXHIBITS AND ATTACHMENTS: It SCOPE, WORK OR SERVICES ❑ COMPENSATION 19 INSURANCE REQUIREMENTS/CERTIFICATE ® ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon execution -7/1L, l -Z.,7 COMPLETION DATE: June 5, 2023
9. TOTAL COMPENSATION $ N ✓! V�� (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: { � 7 � O 3S 2- -6 73 -2—- L110
10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
A PROJECT MANAGER CG 04/06/22
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
® LAW JE 4/25/22
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
'� INITIAL / DATE SIGNED
Q'[AW DEPARTMENT
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIGNED AG# p "r"
COMMENTS:
Please review this MOU put together by the Arts Commission for the Arts Explosion event they want to put on at the PAEC in June 2023.
2/2017
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF FEDERAL WAY ARTS COMMISSION
AND
FEDERAL WAY PERFORMING ARTS FOUNDATION
THIS MEMORANDUM OF UNDERSTANDING (" MOU") is made this day of June,
2022, by and between the undersigned representatives of the Federal Way Performing Arts Foundation
("Foundation"), a Washington State non-profit corporation, and the City of Federal Way Arts Commission
("Commission").
The parties have met several times to clarify the responsibilities detailed in this agreement that each party will
assume toward the "Arts Explosion" (AE) exhibition planned for June 2-4, 2023, at the Federal Way
Performing Arts and Event Center.
Parties agree:
(a) The Commission has set fundraising milestones which, if not met, the Foundation reserves the right to
terminate this MOU:
1. Total $10,000 funds committed by Nov 30, 2022
2. Total $20,000 funds committed by Jan 30, 2023
(b) All marketing, advertising, program and sponsorship materials will feature both the Foundation and
Commission logos and names and listed as "Brought to you by:"
(c) Responsibilities of the Foundation:
1. All sponsorships and grant revenues from city, county, state, federal and private grants will be made
payable to the Foundation. The Foundation will sign and submit all grant applications and receive all
sponsor and grant funds. The Foundation will account for AE funds received as restricted and
separate from other Foundation funds and will report funds received to the Commission regularly.
2. The Foundation will pay for event -related expenses up to the amount of event sponsorship and grant
event revenues collected, upon presentation of either an invoice or request for reimbursement with
original receipts, no later than 30 days after the event. Event -related expenses include, but not limited
to, the PAEC rental contract, marketing activities, program printing, display equipment and materials,
and artist prize monies. The Foundation will in no way be responsible for any expenses beyond any
grants and sponsorships received.
3. Any surplus revenues received by the Foundation that are not used to cover the event -related expenses
in #2 above will be held by the Foundation in reserve for future AE events for up to five years. If at
the end of five years from the date of this event the surplus funds have not been used, they will be
considered unrestricted funds for the use of the Foundation's mission.
(d) Responsibilities of the Commission:
1. The Commission will be responsible for any AE expenses that exceed revenues collected by the
Foundation. The Commission intends to have $3,000 contingency in the case of any cost over -runs.
2. The Commission will receive revenues from Artist fees for participation in the AE event and Artist
sales during the AE event.
3. Preparing all grant applications for the Foundation's signature and all required follow-up grant
reporting for the Foundation's submittal, with input from the Foundation.
4. Soliciting Sponsors
5. Soliciting Artists
6. Obtaining the rental contract and managing all interactions with the FW PAEC, including insurance
7. Conducting Marketing / Advertising for the AE event
8. Event Operations, including:
• Interfacing with Artists, hanging of artwork, and conducting set-up & take -down
• Jury the artists, select Judges
• Balloting by judges, Mayor & City Council, and the public
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• Friday red -carpet event
• Program, Displays, Prizes
(e) Staffing for the event will be provided by the Arts Commissioners, volunteers, and City staff at no charge
to the event, as well as contracted PAEC employees. Foundation board members will not be required to
be present at the event but are welcomed to participate and volunteer at the event.
This Memorandum of Understanding constitutes the entire agreement between the above -named parties.
No waiver, change, modification or termination of this Agreement is valid or binding unless agreed to in
writing and signed by both parties.
IN WITNESS, the Parties execute this Memorandum of Understanding below, effective the last date written
below.
CITY OF FEDERAL WAY ARTS COMMISSION
By:
Vickie Chynowetl 'hair
Date:
FEDERAL WAY PERFORMING ARTS FOUNDATION
f
By: `
ary Gates, P rs
ident
Date: a : Z_
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