AG 21-081 - FEDERAL WAY LIONS 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
9 OTHER Cultural Services Agreement
5. PROJECT NAME: Make Music Day
6. NAME OF CONTRACTOR: Federal Way Lions Foundation
ADDRESS: TELEPHONE
E-MAIL: FAX.
SIGNATURE NAME: John Rgaer Hershey TITLE President
7. EXHIBITS AND ATTACHMENTS:11 SCOPE, WORK OR SERVICES .11 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE IN ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: December 31, 2021
9. TOTAL COMPENSATION $ $1,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES LINO 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: 00 1 -7200-352-573-23-410
10, DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW JRC 5/10/2021
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 I 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 / DAT ;SIGNED
❑ LAW DEPARTMENT 1-1
❑ SIGNATORY (MAYOR OR DIRECTOR) -)L p
4rG
❑ CITY CLERK OE . it X1
❑ ASSIGNED AG# AG# "'" ;ZA - CX
COMMENTS:
2/2017
c1l" OF CITY HALL
Fe d e ra 1 Wa 33325 Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www0yoffederalway mm
CULTURAL SERVICES AGREEMENT
FOR
MAKE MUSIC DAY
This Cultural Services Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and Federal Way Lions Foundation, 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:
FEDERAL WAY LIONS FOUNDATION:
Janine Barber
PO Box 3552
Federal Way, WA 98063
(253) 224-0643 (telephone)
.com
The Parties agree as follows:
CITY OF FEDERAL WAY:
Cassie Swan
876 S 333`d St
Federal Way, WA 98003-6325
(253) 835-6928 (telephone)
(253) 835-6929 (facsimile)
cassie.swan(a-,)cityoffederalway.com
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, 2021 ("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. As a condition precedent to receiving reimbursement, 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, pursuant to the direction of the Mayor or his or her designee, and shall incur
reimbursable expenses in performing that Work. The Agency is not obligated to perform the Work but will only
receive compensation if the Work is completed.
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
CULTURAL AGENCY AGREEMENT - 1 - 2/2020
CITY OF
Federal 1111`ay
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
wwwatyaifederahvap com
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.
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. if the Agency performs 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 to provide at least partial reimbursement for the expenses incurred to perform the
Work. 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 -A ro riation 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 A2ency 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,
CULTURAL AGENCY AGREEMENT - 2 - 2/2020
4% CITY OF CITY HALL
33325 Federal WayFederal Avenue South
Fal Way, WA 98003-6325
(253) 835-7000
www.0tyc�fleflernhvay com
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
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 tennination.
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 sha-14--be-considered onfdential-s-Irbject�-taapplicable 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.
CULTURAL AGENCY AGREEMENT - 3 - 2/2020
4% CITY OF CITY HALL
L33325 Avenue South
Fe p Way Federall Way, WA 98003-6325
(253) 835-7000
wwwulyaffederalway. com
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
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 rnade 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/W ISHA
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
CULTURAL AGENCY AGREEMENT - 4 - 2/2020
CITY OF CITY HALL
Federal Wa Feder 8tt, Avenue South
Federal Way, WA 98003-6325
VA� (253) 835-7000
wwwrnyoffederahaay com
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
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.
CULTURAL AGENCY AGREEMENT - 5 - 2/2020
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwcrryof edstahvay com
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.
14.4 Enforcement. Time is of the essence in 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.
[Signature page follows]
CULTURAL AGENCY AGREEMENT - 6 - 2/2020
CITY OF CITY HALL
Federal Way Feder eth Avenue South
Federal Way, WA 98003-6325
vAk-.� (253)835-7000
www. dtyof aderaAW com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
ate. Lf A I 1 t
v n Hutton, Parks Director
DATE: 5 jai / ao 2)�
FEDERAL WAY LIONS FOUNDATION:
By: ," r
J i E oger Hershey, Pres e
DATE:
STATE OF WASHINGTON )
ss.
COUNTY OF ��
ATTEST:
S h nie Courtney, CMC, Uy Clerk
APPROVED AS TO FORM:
J. Ryan Call, City Attorney
On this day personally appeared before me John Roger Hershey, to me known to be the President of Federal
Way Lions Foundation 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.
GIVEN my hand and official seal this day of 20ZI
ry"k& (4te-""
�■1,i,1, 111111711JIl, I�I,,i
�,■,"�CsRIFFE' Notary's signature
�� 4
- �aH;;, it Notary's printed name -
* p�pFIY' : s Notary Public in and or the State of Washington,
N My commission expires _NiA8'7-O LS
4G :0
N��; PUB N 04
S
CULTURAL AGENCY AGREEMENT - 7 - 2/2020
CITY ❑F CITY HALL
=�%�ea �� e llama I way33325 l Avenue, WASouth
Federal th WA 96003-6325
(253) 835-7000
wwwelyDffedoialway.com
EXHIBIT "A"
CULTURAL 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:
Work.
T.ict of Cultural Proiects
Service
Date (if applicable and if known)
Make Music Day free entertainment at the PAEC
June 21, 2021
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.
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 - 2/2020
4WW�Federal Way
,�/
EXHIBIT "B"
COMPENSATION
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway com
I . Total Compensation. In consideration of the Agency performing the work described in Exhibit "A", the
City agrees to reimburse the Agency in an amount not to exceed One Thousand and NO/100 Dollars. The
Agency will only be paid for actual reasonable expenses approved by the City, and the Agency is responsible
for providing sufficient documentation or other substantiation of the Agency's actual expenses.
2. Method of Payment. Payment will be made in accordance with the Reimbursement Schedule below
within 30 days of receipt of a Reimbursement Request and invoice after each service listed below. For the final
event on the Reimbursement Schedule, in addition to the Reimbursement Request and invoice, the Agency shall
submit the Final Report as required by Section 10 of this Agreement. The Final Report must be submitted no
later than December 31, 2021.
Service
Budgeted Total
Ex enses
Funding provided by
City
Make Music Day free entertainment at the PAEC
$1.000.00
Total
$2,483.00
$1,000.00
CULTURAL AGENCY AGREEMENT - 9 - 2/2020
CITY OF CITY HALL
Fe d e ra I INa Feder Stn Avenue South
Federal Way, WA 96003-6325
(253) 835-700D
wwwrrJynl9edaralway com
EXHIBIT "C"
CERTIFICATE OF INSURANCE
[To be provided by Agency.]
CULTURAL AGENCY AGREEMENT - 10 - 2/2020
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/IIDIYYYY)
05/20/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
DSP Insurance
1900 E. Golf Road, Suite 650
N1 CT
NAMEA John Adams
PHONE 1-RM-316.6705 AA No,, 847-934-6186
E "" `IL rionscfubs@dspins.eom
ADDRess:
INSURERS AFFORDING COVERAGE
NAICN
Schaumburg, IL 60173
INSURER A: ACE American Insurance Company
22667
_
INSURED
INSURER B :
INSURER C :
Federal Way Lions Club
Federal Way Washington
INSURER D .
__
INSURER E:
INSURER F
rMVFDAn=A c_F9TIFIrATF MIIMIRER' REVISION NUMBER!
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERAIS
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
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PERSONAL & ADV INJURY
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DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anach ACORD 101. Additlonal Remarks Schedule. it more space Is required)
Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: Make Music Federal Way June
21, 2021
The following persons or organizations granting use of real property, including structures thereon are included as Additional Insured(s), but only with respect to
General Liability arising out of the use of premises by the insured shown above and not out at the sole negligence of said additional insured.
— Federal Way Arts Commission, Spectra, Performing Arts & Events Center —
p V C C \
CERTIFICATE HOLDER
City of Federal Way
33325 8th Ave. South
Federal Way Washington 98003
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
t9 1988-2010 ACORD CORPORATION. All rlgnts reservea.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
CITY OF CITY HALL
r Fe d e ra ■ Way
■� 33325 l Avenue South
8003
!! lY�{Y■ y Federal Way, WA 98003-6325
(253) 835-7000
www.cifyaffederalmay com
EXHIBIT "D"
FINAL REPORT
CULTURAL AGENCY AGREEMENT - 11 - 2/2020
EXHIBIT "D"
FINAL REPORT
City of Federal Way Arts Commission
ARTS FUNDING PROGRAM
FISCAL YEAR 2021
1. PROJECT TITLE:
CONTRACT AMOUNT:
PROJECT DATE(S): _
2. APPLICANT ORGANIZATION
Name:
Mailing Address: ,
City:
Organization Contact:
Title:
Board President:
Day Phone: Evening Phone:
Phone: Evening Phone:
3. ACTUAL NUMBER OF ARTISTS PARTICIPATING IN PROJECT:
4. ESTIMATED PROJECTED ATTENDANCE:
5. ATTENDANCE: List the date of each performance of the project and the attendance. If admission is regularly charged, include the
total number person admitted, regardless of what each attendee was charged. List information on a separate, attached page if you
need more space.
Performance Date and Time Attendance
6. EXPLAIN ANY DISCREPANCIES AND/OR COMMENT ON DEMOGRAPHICS OF AUDIENCE:
%. ACCESSIBILITY: WERE THERE REQUESTS FOR ACCESS (I.E. INTERPRETED PERFORMANCES, AUDIO
DESCRIPTIONS, WHEELCHAIR ACCESS)? EXPLAIN ANY ACCOMMODATIONS THAT WERE MADE.
Unless a section is non -applicable, there should be no blank spaces.
8. PROJECT BUDGET
Revenues:
Expenses:
Funding amount:
1. Admissions
2. Private Donations
3. Corporate Donations (i.e. foundations, grants)
4.Other Revenues (i.e.. concessions, posters etc.)
A. Total Patron -generated Revenue (lines 1-4)
B. Government Support(not including this request)
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
C.Total Expenses (1-9)
TOTAL REVENUES (from lines
A+B) TOTAL EXPENSES (from
line Q
TOTALS
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?
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
Organization Contact Person (Person named in Section 2)
Date
Date
THE FINAL REPORT FORM AND INVOICE MUST BE RETURNED NO LATER THAN 30 DAYS FOLLOWING COMPLETION OF PROJECT OR BY
DECEMBER 5" OF PROGRAM YEAR (whichever comes first).
CITY OF FEDERAL WAY
ARTS COMMISSION
876 S 333`d St
Federal Way, WA 98003