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AG 14-176I I RETURN TO: EXT: (A `o I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: 2. ORIGINATING STAFF PERSON: "L4 , AczS EXT: W;; DATE REQ. BY: m 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 OTHER kCi QN Gu 5. PROJECT NAME: Zb I y 6. NAME OF CONTRACTOR:bl.l ADDRESS: (C� e.'i1 vim- l� L c, �`x L-���2 �1`�i LEPHO E -MAIL: FAX: SIGNATURE NAME: `+ on e d 1.x,9 TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: V I I I� COMPLETION DATE: 1 ;L 1 fm I 9. TOTAL COMPENSATION $ 1 Y 1- 7 (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 ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY El PURCHASING: PLEASE CHARGE TO: �l F--\ 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCILAPPROVAL (IF APPLICABLE) INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED COMMITTEE APPROVAL. DATE: iV COUNCIL APPROVAL DATE: Nlfk- 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR /CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ASIGNATORY (MAYOR OR DIRECTOR) CITY CLERK K �' ASSIGNED AG# 6eSIGNED COPY RETURNED COMMENTS: 0r*' v.c; 11/9 INITIAL/ DATE SIGNED 1� 21 ILA 64 !7 ?- AG# DATE SENT: L"Y a '6' Agreement No. 114266A Contractor's Federal Taxpayer ID No. (last 4 digits) 2550 Contractor City of Federal Way Project Title: 2014 Programs Contract Amount: $12,000.00 Fund Source: Contract Period From: 01/01/2014 To: CP — Arts Sustained Support 12/31/2014 AGENCY SERVICES CONTRACT 2014 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 Federal Wav (the "Contractor "), whose address is 876 S 333`d Street, Federal Way, WA 98003 and telephone number is (253) 835 -6926. 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. 2014 -11. 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 2014 Page 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 Budget Attached hereto as Exhibit B ® Insurance Requirements Attached hereto as Exhibit C ❑ Personnel Inventory (K.C.0 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.0 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: IM It CULTURE KING COUNTY LODGING TAX Approved logos are available for download in a variety of formats at hftp://www.4culture.org/manageaward/ 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. 2014 and shall terminate on December 31, 2014. 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 $12.000.00. AG SVC 2014 Page 2 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 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 2014 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 2014 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 2014 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 2014 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: 4Cultur 7 A Executive [Director v Date CONTRACTOR: Onature d. A,, R- . 477--0n.) Name (Please type or print) Title (Please type or print) Date AG SVC 2014 Page 7 of 7 Exhibit A SCOPE OF SERVICE City of Federal Way 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 2014 Programs, including 2 annual recitals for youth dance classes (April 30 and Dec 3); the 11`h annual Friendship Theater production (June 19 -22); the annual Red White and Blues Festival (July 4); and the Summer. Sounds Concert Series (July 9, 16, 23, 30, Aug 6, 13, and 20). Events are open and publicized to the community. AMOUNT $12,000.00 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. Most of the programs listed above are free for the public or serve youth or disadvantaged populations. The Red, White and Blues Festival is a free event that served over 22,000 people last year and featured Music, Dance and hands on Art projects. The Summer Sounds concerts series is free to the public and features local bands and the series had over 1,700 people attend in 2013. Friendship Theater is a program for all ages with and without disabilities who participate in this 9 month long program which includes public performances at Knutzen Family Theater. "The Little Mermaid" is this year's production, and this group regularly performs in front of sold out houses each year. 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. Final payment will not be made until acknowledgment is submitted on printed material EXHIBIT B City of Federal Way Arts Commission Mailing Address Website PO Box 9718 www.cityoffederalway.com Federal Way Washington Email 98063 -9718 Cody .Geddes(@cityoffederaIway.com Shipping Address 876 S. 333rd St Federal Way Washington 98003 Phone (253) 835 -6900 Fax (253) 835 -6939 Revenue last fiscal year $59,961 Revenue 2nd to last fiscal year $43,882 King County Council District # 7 WA State Legislative District # 30 Date Incorporated 02/28/1990 Federal Tax ID 91- 1462550 WA State UBI# 601223538 Organization Director PE, Director Parks, Recreation and Cultural Services, Mr. Cary Roe Director Email cary.roe@cityoffederalway.com Director Phone (253) 835 -6901 Organization Description We are city funded Arts Commission Mission "The mission of the Parks, Recreation, & Cultural Services Department is to build a better community through the provision and stewardship of parks and programs that enrich the lives of our citizens." "The charge of the Federal Way Arts Commission is to develop a community where cultural heritage is valued and the arts are alive!" Contact Person Cultural Arts and Events Coordinator, Mr. Cody Geddes Contact Phone (253) 835 -6926 Contact Email cody.geddes @cityoffederalway.com file:/// RI/ ... al %20Way %2OArts %2OCommission/ City% 20of% 2OFederal% 2OWay% 2OArts% 2OCommission _0001_fieidData.html[3 /27/2013 2:28:35 PM] Community a) Describe your community. b) How is it changing? We suggest you use about 250 words. A. Describe your Community Federal Way is a suburban city of 89,370 people centrally located in southwestern King County, 25 miles south of downtown Seattle and eight miles north of downtown Tacoma. The local economy is largely retail with a small but growing core of commercial and office space. Some of the artists that participate in our Gallery programs live and work all over the region. Our outdoor concerts and our theatre programs attract more of a condensed community which extends from Federal Way into Tacoma, Fife, Milton and Edgewood. Within the city we have programs and activities for people of all age groups, from the very young to senior citizens. We have a strong base of volunteers in the Arts Commission and throughout the arts community. Support of the Arts program is strong and passionate from our city council and city administration. B. How is it changing? Like many suburban cities around the country, Federal Way's population grew increasingly diverse over the last decade and is expected to continue that trend for the foreseeable future. Forty -three percent of the population identifies their race as other than white alone and more than 115 languages are spoken in the homes of Federal Way Public Schools students. The Federal Way community is largely a working class community with household income at 15% lower than the median for surrounding King County. Given these trends the City of Federal Way is committed to developing the economy to provide for family wage jobs and provide services that are accessible to a diverse population. Programming a) How does your programming respond to your community needs? b) What program are you most proud of and why? We suggest you use about 250 words. A. How does your programming respond to your community needs? We are always looking at changing and adding programs based on the needs of the community. Last year we added an art in the garden program called "Blue Poppy" where we collaborated with several local groups in Federal Way. Btue Poppy was held at the Weyerhaeuser Rhododendron garden and attracted a wide range of people. Friendship theatre is a program that is administered by the Federal Way Parks and Recreation department and is performed by adults with disabilities. This program is one of our most popular among our inclusive recreation participants. Our Red White and Blues Festival draws our largest crowd and provides exposure to art for the entire community. We continue to seek community partners and try to work together to strengthen the Federal Way arts community. B. What program are you most proud of and why? The Red White and Blues festival brings out 23,000 Federal Way residents. This takes place in Celebration Park and provides a true sense of community. Each year this event gets better and continues to grow. The FW Arts Commission is in charge of children's activities, music entertainment and performances. The evening of food and activities ends with a community fireworks display. Management a) How is your agency structured? b) How do you collaborate with other municipal departments and community agencies? c) How does your agency foster the development of art, local artists, and local arts organizations? We suggest you use about 250 words. A. How is your agency structured? The Federal Way Arts Commission is under the direction of the Parks, Recreation, and Cultural Services. Cary Roe is the Director of the Department, John Hutton is the Recreation Supervisor, and Cody Geddes is the Arts and Events Coordinator. The Arts Commission is made up of nine volunteer commissioners file:/// RI/ ... al %20Way %2OArts %2OCommission/ City% 20of% 2OFederal% 2OWay% 2OArts% 2OCommission _0001_fieldData.html[3 /27/2013 2:28:35 PM] that are appointed to serve by the City Council. Lorie Wheldon currently holds the Chair position and Mary Tynan holds the Vice -Chair position. B. How do you collaborate with other municipal department and community agencies? We have a number of agencies within Federal Way that we partner and collaborate with. We have a standing agreement with Center Stage who is contracted at the Knutson Family Theatre at Dumas Bay Center. We work with Weyerhaeuser and their Rhododendron Garden to coordinate Blue Poppy Day. This was a way to showcase the garden and local performing arts groups. We also work with Federal Way School District and their art teachers for our student art show. The Historical Society and the City of Federal Way have a long standing relationship and have displayed many historical pictures and artifacts in our galleries. We are also working with neighboring municipalities to make sure that our concerts in the park don't conflict with others nearby. C. How does your agency foster the development of art, local artists, and local art organizations? We maintain three art galleries and sculpture park within the City of Federal Way that house local artwork from local artists. Our Arts Alive program allows the community to have their art judged and displayed at City Hall. The Arts Commission administers a "Contract for Services" program which helps fund six local arts organizations that operate with the City of Federal Way. Many of these are performing arts groups that received a contract participated in our Blue Poppy Day. We produce several marketing pieces yearly that include two newsletters featuring profiles of local artists. These newsletters are very well designed and reach several thousand interested citizens in and around the City of Federal Way. Future a) What plans does your agency have for advancing its mission? b) What are the challenges? c) If Sustained Support funding were reduced or eliminated, how would your activities be impacted? We suggest you use about 250 words. A. What plans does your agency have for advancing its mission? We will continue to grow our community relationships that value art. Our relationship with the Historical Society continues to develop and embrace the cultural heritage of our community. Our goal is to have a continuous display of art in our community. This year we plan to add another art gallery space at the Federal Way Community Center. We have a strong commitment to help foster art and performance within the City of Federal Way. B. What are the challenges? Challenges that continue to face the community of Federal Way and the surrounding areas are the struggling economy, an aging community, and over 120 different spoken languages in our community. The down economy continues to negatively affect our entire region and Federal Way is no exception. Funding is always a critical challenge. Getting the information about our art and programs continues to be a challenge. We have tried to address this with a newsletter, website updates, and flyers within our community but we still struggle to find effective means to reach our community. C. If sustained support funding were reduced or eliminated, how would your activities be impacted? The impact of elimination or loss of funding would be dramatic. We count on this support to make these valuable programs and events available to the public. We would have to eliminate some programs entirely and reduce the scope of several others. file:/// Rl/ ... al %20Way %20Arts %20Commission/ City% 20of% 20Federal% 20Way% 20Arts% 20Commission _0001_field Data. html[3 /27/2013 2:28:35 PM] City of Federal Way Art Commission Staff Members and Time Name Title Status Percent of Time John Hutton Recreation Supervisor Full Time 5% Cody Geddes Cultural Events & Arts Coordinator Full Time 20% Debbie Lusebrink Administrative Assistant Full Time 5% City of Federal Way City Council /Arts Commission/Staff Year ending in 2012 List members of Citv Council Name Occupation Length of Service Jim Ferrell Deputy Mayor 10 Linda Kochmar City Council 15 Bob Celski City Council 2 Jeanne Burbid e City Council 15 Susan Honda City Council 2 Dini Duclos City Council 5 Roger Freeman City Council 4 List members of Arts Commissioners Name Occupation Length of Service Lorie Weldon Chair 1 Mary Tynan Vice — Chair 2 Bruce Lee Cultural Events & Arts Coordinator 2 Keith Livingston Administrative Assistant 1 Cat Mason 1 Maureen Hathaway 1 Carrol Clemens 2 Fran Tanner 2 C ndi Piennett 1 List Staff Members Name Title Full Time /Part Time/Volunteer Cary Roe Parks & Recreation Director Full Time John Hutton Recreation Supervisor Full Time Cody Geddes Cultural Events & Arts Coordinator Full Time Debbie Lusebrink Administrative Assistant Full Time City of Federal Way Art Commission List of events for 2012 Event & Description Date Location Attendance Red White and Blues 7/4 Celebration Park 23,000 This was the 20th Annual RWBF. We experienced an all -time high attendance with the crowd estimated at 23,000. Live music, fireworks, children's activities were featured. The Arts Commission ran a large arts tent with a number of arts and crafts projects for children and adults. Blue Poppy 5/19 Rhododendron 635 This new event was very successful and Species Botanical involved a creative partnership with Garden Weyerhaeuser Rhododendron Garden. Several local performance groups performed in the beautifully manicured outdoor garden space. 635 people attended and people were very excited about this event. Friendship Theatre- 6/14 - 6/17 Knutson Family 1,000 This unique program has been a model for Theatre several communities. The actors are all adults with developmental disabilities and this year they performed "Thoroughly Modern Mill y" to a sold out house. Summer Sounds Concert Series Every Steel Lake Park 3,200 This series is held at beautiful Steel Lake Wednesday Park with the lake as the back drop. Six from: great bands played and the weather 7/11-8/22 cooperated the entire season. Youth Dance Recitals 3/28, 3/29, Knutson Family 1,300 The recitals were very popular and well 6/6,6/7, Theatre attended. The event was held at the 12/4 Knutson Family Theatre at Dumas Bay. Cultural Development Authority of King County Sustained Support Program City of Federal Way- Year End Report 2012 Red, White and Blues Festival Expenses Amount Part Time Staff/Arts Staff Part Time Staff $ 5,309.00 Supplies /Equipment $ 5,483.00 Professional Services (Fireworl $ 26,054.00 Rental or Equipment $ 820.00 Misc. Charges $ 300.00' Printing/Promotions $ 500.00 Total $ 38,466,00 Summer Sounds on the Beach-Free Outdoor Concert Series Expenses Amount Part Time Staff/Arts Staff Staff $ ` 1,800.00 Printing/Promotions $ 500.00 Professional Services $ 5,100.00 ITotal $ 7,400.00 Friendship Theatre - Thoroughly Modern Milly Expenses Amount Part Time Staff/Arts Staff $ 9,500.00 Supplies/Equipment $ , 2,200.00 Printing/Promotions $ 400.00 Licensing/Script $ 2,300000 Concessions $ 350.00 Total $ 14,750.00 Youth Dance Recitals - Spring & Fall Expenses Amount Staff $ 700.00 Supplies/Equipment $ 322.00` Costumes $ 6,868.00 Concessions $ 100.00 Theater Rentals $ 920.00 Total $ 8,910.00 Blue Poppy Expenses Amount Staff $ 120.00 Printing/Promotions $ 600.00 Professional Services $ Total $° 720.00' Revenues Amount 4Culture Sustained Support 4Culture Sustained Support $ 10,000.00 Activi ` Fees $ 2,494.00 Parking Fees $ 3,871.00 Concessions $ 750.00 Sponsors/Donations $ 7,000.00= Total $ 17,880.00 total $ 24,115.00 Revenues Amount 4Culture Sustained Support $ 2,000.00 , Sponsors/Donations $ - Registration $ Total $ 2,000.00 Revenues Amount' Amount 4Culture Sustained Support $ 2,000.00 Registration $ 5,555.00 Ticket Sales . $ 7,525.00 Sponsors/Donations $ 2,000.00 Concessions $ 800.00 Total $ 17,880.00 Revenues Amount' Amount 4Culture Sustained Support $ 2,000.00 Ticket Sales $ 1,425.00 Registration " $ ,4,200.00 Concessions $ 140.00 Sponsors/Donations $ - Total $ 71765.00 Revenues Amount' 4Culture.Sustained Support $" - SponsorsMonations $ - Total $ - Total Expenditures: I S 69626.00 Total Revenues: 1 $ 51,760.00` 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 life 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.