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AG 21-130 - KING COUNTYRETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PAEC/PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 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 ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): A OTHER KING COUNTY GRANT CONTRACT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: KING COUNTY GRANT- 2021-2022 CSO Funding -Federal Way PAEC 6. NAME OF CONTRACTOR: _ V[±(4 (oQ ADDRESS: qQ1 FlTELEPHONE E-MAIL: SVyA Oibx)L4FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: A 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:: 9 l (0 11 ZQ211 COMPLETION DATE: 12 � / 2U2z 9. TOTAL COMPENSATION $ 2 Sj 0—D-0 , 07D (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: —/Z5 - oocO - mo 93/ - D -1J 0-0 2, 10. DOCUMENT/CONTRACT REVIEW P, fiROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) A LAW IN €TIAL / DATE REVIE WED JE 8/11/2021 INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 151�I -COUNCIL APPROVAL DATE: q J ?/2Gl o 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.) ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# COMMENTS: INITIAL / DATE SIGNED 2O WU AG# DocuSign Envelope ID: 65AAF353-9AE0-47B7-9D49-B5C4627BF76B LQ King Cour ty Adult Services Division Department of Community and Human Services 401 Fifth Avenue, Suite 500 Seattle, WA 98104 206-263-9105 TTY Relay: 711 May 10, 2021 Brian Hoffman Federal Way Performing Arts and Event Center 31510 Pete von Reichbauer Way S. Federal Way, WA. 98003 Brian. Hoffman s ectrax .com RE: 2021/2022 CSO Funding - Federal Way Performing Arts and Event Center Dear Mr. Hoffman, This letter is to serve as the agreement between Federal Way Performing Arts and Event Center and Adult Services Division, in the King County Department of Community and Human Services (DCHS). Federal Way Performing Arts and Event Center (Contractor) will be compensated a maximum of Twenty -Five Thousand Dollars ($25,000) to support arts and cultural programs as well as operations during and after the COVID-19 pandemic as described in the attached scope of work and payment schedule. The work for this agreement shall take place between January 1, 2021 through December 31, 2021 unless otherwise terminated by DCHS. To acknowledge your acceptance of DCHS' terms, please sign and date on page 5 below and return the signed letter to both Shannon Perez -Darby, Resilient Communities Program Manager at sperezdCa kingcounty.goy and our DCHS Contract & Procurement Unit at dch scontra ctsaki npcou nty. g o v . A narrative report will be due no later than ten working days after December 31, 2022, in which you provide a description of how these funds were used to benefit your organization. You are encouraged to include documents, photographs, receipts or any other relevant information that shows how the funds were used. Please note that future considerations of additional funding in years to come will be based in part on the receipt of the narrative report within the timeframe specified above. This award is conditioned upon your compliance with applicable State and County laws, and the terms and conditions stated below. DocuSign Envelope ID: 65AAF353-9AE0-47B7-9D49-B5C4627BF76B Federal Way Performing Arts and Event Center May 10, 2021 Page 2 of 5 Before you can receive compensation for these services, we will need to receive the following from you: • Confirmation of the entity King County will contract with (i.e. yourself as an individual or yourself as a representative of an organization); A completed Substitute KC-W9; To avoid delays in processing your payment, please ensure the following sections of the KC-W9 are fully completed: Physical Address, Remit Address, and Tax Reporting Name and Address. Please see Section III in the enclosed Statement of Work for instructions on Billing and Compensation. Please send these materials, along with any questions you may have, to our DCHS Contract & Procurement Unit at dchscontractsior kingcounty.aflv. We look forward to working with you. Sincerely, �Duc uS iq real by SL QIn,oCvyS�t,wS�l 5/11/2021 Steve Andryszewski Chief Financial Officer cc: The Honorable Pete von Reichbauer, Metropolitan King County Councilmember District 7. ATTN: Tyler Pichette, Legislative Aide Leo Flor, Director, Department of Community and Human Services (DCHS) Scarlett Adelbot-Green, Division Director, ASD Jackie Moynahan, Assistant Division Director, HHCDD, DCHS DCHS Contracts and Procurement Unit Enclosures: Statement of Work Attachment 1 - KC-W9 Federal Way Performing Arts and Event Center May 10, 2021 Page 3of5 Statement of Work: Period of Performance: The period of performance shall take place between January 1, 2021 through December 31, 2021. No extension will be granted for this work. II. Purpose and Objective: The Contractor shall use the awarded funds for the following activities: A. Support of all ongoing and upcoming arts and cultural programs at the Federal Way Performing Arts and Event Center; and B. Continued operation during and after the COVID-19 pandemic. C. A narrative report will be due no later than ten working days after December 31, 2022, in which you provide a description of how these funds were used to benefit your organization. You are encouraged to include documents, photographs, receipts or any other relevant information that shows how the funds were used. III. Billing & Compensation The Contractor shall submit a billing invoice that details clear and specific descriptions of activities and costs billed along with other reporting requirements as stated above. The Contractor shall maintain supporting documentation that details expenditures consistent with the budget and will make this documentation available upon request. Invoices shall be submitted to DCHS directly to Shannon Perez -Darby, Resilient Communities Program Manager at Sperezd@kingcounty.gov. IV. Representations and Warranties: A. Contractor represents and warrants that neither it nor any subcontractors are presently debarred, suspended, or proposed for debarment by the U.S. Government. B. Contractor shall notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. Debarment status can be verified at https://www.sam._qov/. C. Contractor represents and warrants that neither it nor anyone involved in this transaction was employed by the County in the past year. D. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of work. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Agreement. After award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Agreement any time during the term of this Agreement. Federal Way Performing Arts and Event Center May 10, 2021 Page 4 of 5 E. Contractor shall comply with applicable provisions of K.C.C. 3.04 Employee Code of Ethics. Failure to comply with such requirements constitutes a material breach of this Letter of Agreement and may result in termination. F. Pursuant to KCC 3.04.060, the Contractor shall not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. If Contractor is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any county contract for a period of two years. V. Indemnification The Contractor shall protect, defend, indemnify, and save harmless King County, 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 negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or nonperformance of its obligations under this Agreement. The obligations under this paragraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, it, by mutual negotiation, hereby waives, as respects king County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 of the Revised Code of Washington (RCW). VI. Maintenance of Records The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all funds and compliance with this Agreement. The Contractor agrees to cooperate with the County or its agent 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 42.56. VII. Equipment Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. Vill. Additional Terms Federal Way Performing Arts and Event Center May 10, 2021 Page 5 of 5 A. The Contractor shall not discriminate in the provision of employee benefits as provided in King County Ordinance 14823. Failure to abide by this requirement may result in disqualification from bidding on King County contracts, remedies allowed by this agreement, other remedies allowable or provided for by law or rule. B. The Contractor shall not use any of the funds provided under this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. C. The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Agreement. IX. Signature The parties acknowledge this Letter of Agreement is the complete expression of the terms, and any oral or written representations or understandings not incorporated herein are excluded. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Agreement a -- Sign a Date/ _Jim,Ferrell, Mayor Name, Title (if applicable)