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AG 18-08511 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV:Cc_ 2. ORIGINATING STAFF PERSON: � PlucVye- EXT: 0,8,1 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE 0 RESOLUTION ❑ CONTRACT AMEND ENT1 (AG#):�— '❑ INTERLOCAL )(OTHER C�>>�u�to,1Yef WY `k 5. PROJECT NAME: cwaf eY1`o_, .0,084.,,cmoyvs 14=7y 6. NAME OF CONTRACTOR:�% -�2Jd �\ pV , ‘ve_ l ()raw' OQ ADDRESS: TELEPH NE E-MAIL: FAX: SIGNATURE NAME: tkal 7. EXHIBITS AND ATTACHMENTS:1scoPE, WORK OR SERVICES ' COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: LAxyn e) v\ COMPLETION DATE: DeC_Mibese 6C,g 9. TOTAL COMPENSATION $ alb - ©j (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY OR CHARG ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES 0 NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: PAID BY: 0 CONTRACTOR 0 CITY 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: Q0( --N3 - Fes -'573 -073 -4/10 4/1O 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / D TEVI WED t3P ,_ Plc.., 76 t S INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING j � O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: t7 - / 3- O 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 ❑ LAW DEPARTMENT 114 J If ?.mi O SIGNATORY (MAYOR OR DIRECTOR) 41/y / / ❑ CITY CLERK ' /14 ( ❑ ASSIGNED AG# AG# P5 ❑ SIGNED COPY RETURNED DATE SENT: t'�fj�q M COM ENTS: kvs. curb 1/2018 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway corn CULTURAL AGENCY AGREEMENT FOR CHILDREN'S THEATRE PRODUCTIONS This Cultural Agency Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rosebud Children's Theatre Conservatory, a Washington nonprofit corporation ("Agency"). The City and Agency (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ROSEBUD CHILDREN'S THEATRE CONSERVATORY: Holly Rose 4630 SW 333rd Ct Federal Way, WA 98023 (206) 854-2638 (telephone) holly@rosebudctc.org CITY OF FEDERAL WAY: Cassie Swan 876 S 333rd St. Federal Way, WA 98003-6325 (253) 835-6928 (telephone) (253) 835-6929 (facsimile) cassie.swan@cityoffederalway.com The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2018 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Agency. 2. WORK. 2.1 Work. The Agency shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Agency warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Agency warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Agency warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Agency's representations to City. The Agency shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Agency shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Agency does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Agency shall pay all costs incurred by the City in order to accomplish the correction. CULTURAL AGENCY AGREEMENT 1 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Agency of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City' s knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Agency shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Agency fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Agency to the City and/or the City may deduct its costs from any remaining payments due to the Agency. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Agency fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Agency an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Agency agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Agency shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.3 Final Payment: Waiver of Claims. Agency's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Agency as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Agency Indemnification. The Agency agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the CULTURAL AGENCY AGREEMENT 2 3/2017 CITY OF ,�.. Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Agency and the City, the Agency's liability hereunder shall be only to the extent of the Agency's negligence. Agency shall ensure that each sub -Agency shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Agency pursuant to this paragraph. The City's inspection or acceptance of any of Agency's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Agency waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Agency's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Agency, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Agency agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Agency, their agents, representatives, employees or subcontractors, as provided in Exhibit "C," attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Agency in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Agency may be grounds for immediate termination. All records submitted by the City to the Agency will be safeguarded by the Agency. The Agency will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Agency while performing the Work shall belong to the City upon delivery. The Agency shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Agency shall be delivered to the City. 9. BOOKS AND RECORDS. The Agency agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and CULTURAL AGENCY AGREEMENT - 3 - 3/2017 A**CITY OF -, Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway com maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. REPORTING REQUIREMENT. The Agency agrees to complete the Final Report attached hereto as Exhibit "D" and incorporated by this reference, and deliver it to the City within thirty (30) days of completing the program or activity. No payment will be made to the Agency until all reports requested by the City are fully completed and executed by the Agency and approved by the City. 11. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 11.1 Independence. The Parties intend that the Agency shall be an independent contractor and that the Agency has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Agency sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. 11.2 Safety. Agency shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Agency shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Agency shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Agency shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Agency shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 11.3 Risk of Work. All work shall be done at Agency's own risk, and Agency shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Agency, shall not be deemed to convert this Agreement to an employment contract. Even though Agency is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 12. CONFLICT OF INTEREST. It is recognized that Agency may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Agency's ability to perform the Services. Agency agrees to resolve any such conflicts of interest in favor of the City. Agency confirms that Agency does not have a business interest or a close family CULTURAL AGENCY AGREEMENT 4 3/2017 Pecleral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com relationship with any City officer or employee who was, is, or will be involved in the Agency's selection, negotiation, drafting, signing, administration, or evaluating the Agency's performance. 13. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Agency or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Agency shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 14. GENERAL PROVISIONS. 14.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 14.2 Assignment and Beneficiaries. Neither the Agency nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 14.3 Compliance with Laws. The Agency shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. CULTURAL AGENCY AGREEMENT - 5 3/2017 CITU OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crtyoffederalway com 14.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Agency's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 14.5 Execution. Each individual executing this Agreement on behalf of the City and Agency represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. CULTURAL AGENCY AGREEMENT [Signature page follows] 6 3/2017 CIT44b, Y OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: John Hutton irks Directo DATE: ATTEST: ie Courtney, CMC, C APPROVED AS TO FORM: y Clerk J. Ryan Call, City Attorney ROSEBUD CHILDREN'S TRE CONSERVATORY: By: Holl DATE: Artistic Director STATE OF WASHINGTON ) / ) ss. COUNTY OF 41 ) On this day personally appeared before me Holly Rose, to me known to be the Managing Artistic Director of Rosebud Children's Theatre Conservatory that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. tt- GIVEN my hand and official seal this A day of ``\v‘�\�\\\1111tH Q'',1 TIt4 b3ptary's signature ac `,:aN F,r ,,:r ry s printed name o�0/A4f �w 111. Notar :� ..•• Myc� /44 OFit \WAS \`_ 1J1,' 20 l CULTURAL AGENCY AGREEMENT - 7 P 1 _ ' . nd for the State of Washington. ission expires /0 -de? -2d1- 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT "A" CULTURAL AGENCY SERVICES The Agency shall be responsible for overall administration of the provision of services by the Agency under this contract and for coordination with the City. Agency will provide the following services: 1. Work. The Agency will offer various theater programs which include: Two (2) two-week workshops for youth ages 4- 7 with a mini musical performance on the last days of class (July 19-20, 2018 & July 23, 2018 -August 3, 2018), One (1) four-week workshop for youth ages 8-12 with performances July 20-22, 2018, One (1) six-week workshop for youth ages 13-20 with performances August 3-5, 2018 and August 10-12, 2018, One (1) holiday show for youth and community members with or without theatrical experience with performances November 17-19, 2018 and November 24-26, 2018. 2. Complimentary Ticket Policy. The Agency agrees to require the artist or organization to provide fifteen (15) complimentary tickets to each performance or event described in the Work. The City will use these tickets at its sole discretion, which may include providing such tickets to senior groups, special population groups, low income groups, or event evaluation. 3. Publicity/Promotion. All publicity and promotional materials including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements, shall credit the City of Federal Way Arts Commission for its support of this project. The Agency agrees to allow its name and information regarding the professional background and expertise of the Artist, including titles and information about published works to be used for pre -event marketing and promotional purposes. 4. General Administration and Management. The Mayor, or the Mayor's designee, shall have administrative responsibility for the City's performance under this contract and shall review and approve for payment all statements and invoices submitted by the Agency to the City for its performance under this contract. The Agency shall be responsible for overall administration of the provision of services by the Agency under this contract and for coordination with the City. CULTURAL AGENCY AGREEMENT - 8 - 3/2017 440/1^ Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 1. Total Compensation. In consideration of the Agency performing the Work, the City agrees to pay the Agency an amount not to exceed Two Thousand Five Hundred and NO/100 Dollars ($2,500.00), calculated on the actual reimbursable reasonable expenses incurred by the Agency pursuant to this Agreement. The Agency will only be paid for reasonable reimbursable expenses approved by the City, and the Agency is responsible for providing sufficient documentation or other substantiation of the actual expenditures made by the Agency. 2. Method of Payment. A total of five (5) payment(s) of up to Five Hundred and NO/100 Dollars ($500.00) will be made by the City. Payment will be made after the final performance of each theater production. The Agency shall submit a statement or invoice in a form approved by the City which will contain a narrative and statistical description of the Work performed. Payment will be made within thirty (30) days of receipt of such statement or invoice and upon receipt of the Final Report as required by Section 10 of this Agreement. Invoice and Final Report form must be submitted no later than December 31, 2018. CULTURAL AGENCY AGREEMENT 9 3/2017 CITY OF .� Federal Way EXHIBIT "C" CERTIFICATE OF INSURANCE [To be provided by Agency.] CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wwww cityoffederalway corn CULTURAL AGENCY AGREEMENT - 10 - 3/2017 CITY OF ...�. Federal Way EXHIBIT "D" FINAL REPORT City of Federal Way Arts Commission ARTS FUNDING PROGRAM FISCAL YEAR 2018 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. com 1. PROJECT TITLE: CONTRACT AMOUNT: PROJECT DATE(S): 2. APPLICANT ORGANIZATION Name: Mailing Address: City: State: Zip: Organization Contact: Day Phone: Evening Phone: Title: Fax: Board President: Day Phone: Evening Phone: 3. ACTUAL NUMBER OF ARTISTS PARTICIPATING IN PROJECT: 4. ESTIMATED PROJECTED ATTENDANCE: 5. ESTIMATED ACTUAL ATTENDANCE: 6. EXPLAIN ANY DISCREPANCIES AND/OR COMMENT ON DEMOGRAPHICS OF AUDIENCE: 7. ACCESSIBILITY: WERE THERE REQUESTS FOR ACCESS (LE. INTERPRETED PERFORMANCES, AUDIO DESCRIPTIONS, WHEELCHAIR ACCESS)? EXPLAIN ANY ACCOMMODATIONS THAT WERE MADE. (*) For Fiscal Year 2018 only. Unless a section is non -applicable, there should be no blank spaces. 8. BUDGET CULTURAL AGENCY AGREEMENT - 11 - 3/2017 Vecleral Way A. EXPENSES CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway. corn Estimated Actual 1. Personnel, Administrative $ $ 2. Personnel, Artistic $ $ 3. Personnel, Technical/Production $ $ 4. Outside Artistic Fees $ $ 5. Outside Fees - Other $ $ 6. Space Rental $ $ 7. Equipment Rental $ $ 8. Marketing $ $ 9. Other Project Expenses $ $ Total Cash Expenses $ $ B. INCOME Estimated Program or Project Income Estimated Actual 1. Admissions $ $ 2. Contracted Services $ $ 3. Corporate Support $ $ 4. Foundation/Grant Support $ $ 5. Other Private Support $ $ 6. Government Support (Do not include city amount) $ $ 7. Other Revenues (Concessions, posters, etc.) $ $ 8. Applicant Cash (Accumulated resources, savings, etc.) $ $ Sub Total $ $ Funding Amount Amount Received from Federal Way Arts Commission $ $ Total Income: $ $ C. Excess (Total cash income minus total cash expenses) $ $ D. Please explain any discrepancy in budget in application and actual budget submitted: 9. EVALUATION Did the project meet your artistic goals? What were the strengths and weaknesses? How was the audience's response? CULTURAL AGENCY AGREEMENT - 12 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway.com 10. EDUCATION Was there an educational component (i.e. residency, workshop, lecture)? Please describe and evaluate using the same criteria listed above. 11. EVENT DOCUMENTATION Your contract requires that credit be given to the City of Federal Way Arts Commission in all published material regarding program/project supported through this contract. Attach copies of all such published materials. Was credit given? If not, please explain. 12. VOLUNTEER DOCUMENTATION How many volunteers were associated with the project? How many volunteer hours were dedicated to the project? 13. CERTIFICATION We certify that the foregoing information is true and correct and that all expenditures were incurred solely for the purpose of the project as described herein: Board President or Authorizing Official Date Organization Contact Person (Person named in Section 2) Date THE FINAL REPORT FORM AND INVOICE MUST BE RETURNED NO LATER THAN 30 DAYS FOLLOWING COMPLETION OF PROJECT OR BY DECEMBER 5th OF PROGRAM YEAR (whichever comes first). CULTURAL AGENCY AGREEMENT CITY OF FEDERAL WAY ARTS COMMISSION 876 S 333rd St Federal Way, WA 98003 - 13 - 3/2017