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HomeMy WebLinkAboutPK12-156 - Original - Cultural Development Authority of King County - 4 Culture 2012 Programs - 01/01/2012 Agreement No 112069A Contractor's Federal Taxpayer ID No (last 4 digits) Contractor City of Kent Arts Commission Project Title 2012 Programs Contract Amount $17,000 00 Fund Source. CP —Arts Sustained Support Contract Period From. 01/01/2012 To- 12/31!2012 AGENCY SERVICES CONTRACT 2012 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 Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S, Kent, WA 98032 and telephone number is (253) 856-5055 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. 2012-10 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 consistent 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 sea 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 2012 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 C 12 16 060A)( In combination with Attachec hereto as Exhibit D other agree ents, in excess of $25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K C C 12 16.060B) Attached hereto as Exhibit E for A reements in excess of $25,000) ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12 16 060D) [ORGANIZATIONS ONL 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 "Protect' C In addition to performing the Protect, 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 4 Approved logos are available for download in a variety of formats at C U LTU R E http://www.4culture.org MINC code- =WWm r_z 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 11. DURATION OF CONTRACT This Agreement shall commence on January 1, 2012 and shall terminate on December 31, 2012 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 $17,000 00 AG SVC 2012 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 fads 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 fad 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 2012 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 Vill. 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 snall 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 Y 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 2012 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 t-ansfer 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 Xl. 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 2012 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 2012 Page 6 of 7 XVI SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vll 1, IX, XI, XII, XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties 4CULTURE: CONTRACTOR: 4Cuiture-CDA Executive Director igna re -5&� Date Name (Please type or print) MAyo-e- Title (Please type or print) Dat AG SVC 2012 Pa-e 7 of 7 Exhibit A SCOPE OF SERVICE City of Kent Arts Commission 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 2012 Programs, including Spotlight Series (S performances between Jan and March, 3 between Oct and Dec); Kent Kids' Arts Day (March 3): and Kent's Summer Concert Series (18 performances between July and August). Events are open and publicized to the community AMOUNT $17,000.00 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. Approximately 1,200 free tickets to Kent Kids' Arts Day are distributed to economically disadvantaged families Summer arts activities are provided free of charge, including 18 summer concerts Complimentary and discounted tickets for many performances are distributed by local social service agencies, these tickets reach seniors, teens, disable citizens, and ethnically diverse groups Public and school lectures, workshops and other outreach activities are offered for free or very low cost in conjunction with performances. Scholarships for classes and residency activities are available 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 Arts Sustained Support 2011 City of Kent Arts Commission Mailing Address Website 220 4th Ave S vnvw kenta rs com Kent Washington Email 98032 rbille-beck(a-ci kent wa us Shipping Address King County Council District # 220 4th Ave S 5 Kent Washington WA State Legislative District # 98032 33, 47 Phone Date Incorporated (253) 856-5050 10/20/1975 Fax Federal Tax ID (253) 856-6050 91-6001254 WA State UBI# C-173-000-002 Revenue last fiscal year $994,647 Revenue 2nd to last fiscal year $1,020,054 Organization Director Cultural Programs Manager, Ms Ronda Billerbeck Director Email rbdlerbeck@ci kent wa.us Director Phone (253) 856-5055 Organization Description Kent Arts Commission is a municipal local arts agency, dedicated to providing high quality arts and cultural programs for the citizens of Kent. Mission To provide leadership in establishing cultural opportunities and arts education, to improve the quality of life and enhance the aesthetic environment and to promote Kent as a center for great arts How do you define your community? (Consider audiences, content producers, and supporters/volunteers.) On the broadest level, our community consists of the diverse population of the City of Kent and the Kent School District service area - approximately 120,000 people We are committed to providing access for all citizens to quality arts experiences 2009 attendance at our programs totaled more than 135,000 Our audience characteristics vary and reflect the community's diverse ages, ethnicities and economic statuses. Ethnic minorities make up 300/D of Kent's population We have made progress in developing multicultural audiences by presenting ethnic art forms and engaging in grass roots promotions More than 40% of Kent residents are considered low income and we employ a variety of efforts to increase participation from these residents, including free outreach activities and admission vouchers In addition to our own programs, we provide support and funding for local arts groups. Approximately $10,000 is awarded to five or six organizations annually, to support projects ranging from musical theater and chorale performances to a youth poetry program and activities for senior citizens and developmentally disabled populations The Kent Arts Commission, which consists of 12 mayor-appointed volunteers, advises and assists staff on an on-going basis Volunteers of all ages also contribute approximately 650 hours annually to our programs What have been your organization's most significant programmatic accomplishments in the last two years? We have had successes in both our performing and public art programs during the past two years The 2008-2009 Spotlight Senes featured 16 performances and "Spotlight on Arts" brought live performance to 747 people in educational settings In 2009-2010, Spotlight Series featured 15 performances and total attendance increased 19% from 4,420 to 5,270 - an all time high Twenty outdoor concerts are presented each year as part of our free Summer Concert Series, which draws 7,500 people We continue to see success in programs for children and families, including strong participation in the annual Kent Kids' Arts Day and Student Art Exhibit "Summer Nights and the Silver Screen" were launched in 2009 at Town Square Plaza This new series of free outdoor movies was well-received and attended. In the area of public art, significant achievements included continued restoration and promotion of Herbert Bayer's Earthworks A premiere screening of the documentary A Place for People The Herbert Bayer Earthworks took place at the Henry Auditorium on the University of Washington campus in September of 2009 We were pleased to receive a grant of $70,000 for restoration projects through the National Trust for Historical Preservation's Partners in Preservation program. A concerted public engagement effort, including two public events, helped the Earthworks finish 12th of 25 properties Our gallery hosted exhibits, including Marvels of Modernism, documenting cultural landscapes throughout the country, including Bayer's Earthworks, which was one of 12 designees chosen from hundreds of nominations from around the nation Public art project, Sweet Suite for Downtown Kent by Elizabeth Conner was dedicated at Kent's Town Square Plaza. What have been your organization's most significant administrative accomplishments in the last two years? A significant administrative accomplishment has been managing City-wide budget reductions, with an effort to maintain high-quality programs that are relevant and serve citizens of Kent Our full-time staff decreased 20% in the last year and we lost funding for temporary, part-time help as well. By realigning staff duties, and making careful decisions based on mission, impact and financial factors, we have been able to maintain the majority of our programs and services with minimal reductions We have increased our efforts to obtain grants and sponsorships to bolster capital and project funding Notable successes include, receiving $25,000 from the National Endowment for the Arts' Mayors Initiative on City Design grant program. Funds will support a bicycle tour and public outreach campaign, linking the Herbert Bayer Earthworks, the Robert Morns Earthwork, the Green River Natural Resources Area and Lorna Jordan's Waterworks Gardens We also received 56,500 in American Revitalization and Reinvestment Act funding through a 4Culture grant to continue hiring professional performing artists to participate in Kent's Fourth of July Splash Festival. And, we maintained our free summer programming - movies and concerts - at previous levels by obtaining additional sponsorship funding What do you hope to accomplish in the next two years and what are your challenges? We will implement the 2010-2012 City Art Plan, including a career retrospective exhibit for renowned Kent artist Danny Pierce. The exhibit will take place September through October 2010, and correspond with the artist's 90th birthday Wenatchee Valley Museum is hosting a similar exhibit and partnering with us on promotional efforts We will realize a bicycle tour and public outreach campaign funded by NEA Mayors' Initiative on City Design This cultural tourism project, linking Herbert Bayer Earthworks (Kent), Robert Morris Earthworks (Seatac), Green River Natural Resources Area (Kent) and Lorna Jordan's Waterworks Gardens (Renton), will allow us to promote our cultural heritage through new and existing partnerships We will implement grant funded restoration projects at Herbert Bayer's Earthworks, install public art in Kent's new Panther Lake annexation area, and continue to maintain and repair our existing public art collection through continued partnerships with the community, including Kent Downtown Partnership, Kent Historical Society, private cultural tour businesses and Kent School District We will build on the success of our Spotlight Series of performing arts events and refocus the scope and direction of the season within new budget realities We will strive for high quality, balance of genres, ethnic diversity and offerings for youth, while focusing on a smaller, self-sustaining series. Continuing our sponsorship program will allow us to increase revenue and expand potential for higher profile artists Budget reductions are our biggest challenge as we complete 2010 and move into 2011. Maintaining high quality programs with decreased staff and resources will be difficult in the coming months and years A major challenge will be achieving the mandate for Spotlight Series to be self-sustaining while maintaining the quality and diversity of the series Obtaining sponsorship support remains difficult in the current economic environment and event production costs are rising Providing necessary stewardship and maintenance of the City's art collection with limited resources is an ongoing challenge Reduction of funding has diminished capacity for incorporating art into current and future capital projects and conducting necessary maintenance on the existing collection 4 CULTURE 2011 LAA Sustained Support Operating Budget SOp SECOND p STT4E WA w FINANCIAL INFORMATION NAME OF LAA City of Kent Arts Commission Fiscal Year Ends December,31, (month/day) ACTUAL ACTUAL CURRENT FINANCIAL FY 2008-09 FY 2009-10 FY 2010-11 1 Arts Program Expenses: 2 Personnel 3 Artistic permanent 0 1 0 0 4 temporary 261,746 225,363 130,592 5 Production permanent 0 1 0 0 6 temporary 32,594 1 2i,174 �2,5�3 7 Administrative permanent 446, 643 976,517 372,738 8 temporary 12,348 _9,21 7 2,955 9 Education permanent 0 0 0 10 temporary 0 0 0 11 Production/Exhitilexpenses 19,_26 15,962 27,650 12 Marketing/Promotion expenses 116,967 114,832 86,768 13 Fundraising expenses 0 0 0 14 Education expenses 5,106 1,9a4 6,223 15 Occupancy expenses(mortgage/rent/utilities) 17,230 19,291 20,922 16 Administrative expenses 89,295 76,073 93,790 17 Subtotal 1,003,055 978,393 1, i56,_81 18 In-Kind expenses imust=inkind Contnbutims) -,6,9 9 9 1 16,254 __,_5 6 19 TOTAL ART PROGRAM EXPENSES 1 1,020,054 I 994,647 767,367 20 Earned Income 21 Box OfficelAdmission 70,989 ,_29 22 TuitlonfWc,kshops 29,194 32,926 72,958 23 SaleslCoressionslRertals 151873 14,889 11,200 24 Interest&Earnings(savings,reserves,etc) 0 0 0 25 Other Earned Income 0 0 1 O 26 TOTAL EARNED REVENUE 120,615 118,804 86,387 27 Contributed income 28 Federal Government I 0 0 c 29 State Government 6,750 6,750 6,OOC 3D 4Culture 9,250 34,000 0 31 City Government 8 34, E-6 778,352 641,266 32 Corporations 22, 625 25,875 _8,653 33 Foundatiors 2,500 1 5,000 1,8-7 5 34 Individuals 6,49° 9,612 2,000 35 Fundraising Events(ONet or❑Gross income?) 0 1 0 C 36 Misc contributions 0 1 0 11 0 37 SUBTOTAL CONTRIBUTED INCOME 662,440 1 859,589 6,9,-�94 38 In-Kind Contributions 16,999 16,2 5 A 11,186 39 TOTAL INCOME 1,020,054 11 994,647 767,367 .l CULTURE ma caurrt.iaomea nx +$3t44$i�.YP€"- "; =Ks-�-,�- .L•t'r'i�,DkS e _ i frY F _ w.= __MOM _ f «=F �11 Sustained'Support Operatarr t3getT1otes_- �_ stad n Budget notes are valuable in explaining your organization's operations Please use this area to help us understand your operations, and focus on any categories that show a significant variance from year to year Make sure to explain what makes up your in-kind revenue if it represents more than 10% of your total income LINE ITEMICATEGORY EXPLANATION i I � i 42%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of some 4/Personnel Artistic Temporary I programs(youth theater residencies,festivals)and reduction of performing arts series I i 54%decrease from 2009 to 2010 budget reflects city budget cuts-elimination of sound 6/Personnel Production Temporary and lighting services for reduced programs i 22%decrease from 2009 to 2010 reflects city budget cuts-elimination of one FTE,5 to 7/Personnel Admin Permanent 4 full time staff i 85%decrease from 2009 to 2010 reflects city budget cuts-elimination of all funding for 1 8/Personnel Admm Temporary summer interns Only funding for shuttle bus dnvers for summer programs remains I 73%&24%increases from 2009 to 2010 respectively W e uneer-spend in these line 11 & 16/Production/Exhibit&Admn items annual]} 2010 budget m these categories has not caught up w/adjustments 23%decrease from 2009 to 2010 reflects city budget cuts-reduction in 12/Marketing/Promotion Expenses marketing/promotional budget linked to reduction in programs 2010 budget number is much higher than 2008 and 2009 actuals because educational 14Bducation Expenses programs have been put On hold,but not cut I 26%decrease from 2009 to 2010 reflects city budget cuts-reduction in performing arts � 21Box Office/Admission ,programs results in reduced capacity to generate revenue 30%decrease from 2009 actual to 2010 budget reflects conservative budgeting in our �2 Twnon/Workshops i estimation of potential revenue i 25%decrease from 2009 to 2010 reflects city budget cuts-elimination of Arts 23"Sales/Concessions/Rentals (Commission participation in Cornucopia festival results in reduced revenue capacity 2009 actual is unusually high because both 08&09 Sustained Support were deposited m 30/4Culture that year 2010 budget does not yet reflect any accepted grants from 4Culture I Decreases from 2009 acmals to 2010 budget amounts reflect conservative budgeting in 32,33,34/Corp,Found;Individuals our estimation of potential revenue in these areas i I 4 CULTURE EVENTS/PROGRAMS/SERVICES 4W=UNTTLUMNOUx LIST YOUR PRIMARY ACTIVITIES FOR THE MOST RECENTLY COMPLETED YEAR: ACTIVITY EST ATTENDANCE SPOTLIGHT SERIES PERFORMANCES James Cotton, 1/23/09 364 International Guitar Night, 2/7/09 240 Dallas Brass, 2/12/09 (performance + clinic and rehearsal for band students) 380 Crayon Court, 3/8/09 (performance + hands-on project at Kids' Arts Day) 1 ,650 BodyVox, 3/14/09 (performance + ballet master class) 230 Tom Rush, 3128/09 250 Avner the Eccentric, 4/4109 156 George Winston, 4/22109 437 Lavay Smith and Her Red Hot Skillet Lickers, 9/26/09 101 The Art of Beliydance, 10/10/09 164 Roger McGuinn, 10/23/10 196 Magical Strings Celtic Yuletide Concert, 12/6/10 268 Late Nite Catechism, 12/12/09 375 Youth Theater residencies, Mar/Jul 09 1 ,200 Summer Concert Series, 17 shows, Jul-Aug 09 8,000 Outdoor Movies, 3 movies, Aug 09 1 ,500 Kent Kids' Arts Day, 3/7/09 1 ,500 Kent's Fourth of July Splash, 7/4/09 15,000 Cornucopia Days, 7/10-12/09 100,000 Kent Student Art Exhibit, March 2009 2,000 Centennial Gallery Exhibits, 6 exhibits throughout 2009 5,000 Grants to artists and organizations, 7 events 4,000 Pubic art, ongoing development and maintenance > p cn m < < o C p p m m C m O 6) m C N N S C CD S m m N N 7 O S N 7 CD O m Cl m0_ m T- LC O N O nl T OCD S =m c J (A n�. 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S 7 m 7 x 0 m = :E M 0 � CD o p � i ? = m m o mm 3 m � m � 3 cn o Q m O- m CO m CD cn K K' = d O ~ 3 v 3 m K T d S CON N mp mm O cn °o a a =oo h w ; m o � CD m m - om m � 03 j co to oc _p O O O m m .� CD CD m m O n 3 7 a m C C Cn CD M' p C1 d 7 OCCD CD co CL m CD O ^ S`G O C o CD O C CD 7 [U m CD S N - m D O � m C d v S O y C CD Q 3 CD 7 = CU CD a W °m m o 7J o v 3 CD m C O CD F a N O U N Ut N CT N CT IJ C)1 N OCT O CT OCT OCT S CT W CT CJ CT LO CT w IV C, v m O 'O Cn 3 CT Ut CT CTI CC O CD CA O) �6 L N IN O = �m N CD � (a C _ D CD h m L F n O O CD J F O+ O O O F F Cu CD(D CD C- _ N N � N N N 0 N C n m m c 0 m O m 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,ODO 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 40ulture 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 \ REQUEST FOR MAYOR'S SIGNATURE Kt a T Please Filk in All Applicable Boxes 7 V•<5'1 I..TCN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved to Route r Originator: Ronda Billerbeck Phone Ori orator _2-53- 65055 Date Sent: Date Re ui ,0 W2/09 Return Signed Document to: Ronda CONTRACT TE INATION DATE: 12/31/12 Billerbeck VENDOR NAME: 4Culture DATE OF COUNCIL APPROVAL: l Brief Explanation of Document: 4Culture has awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding wiN support 2012 programs, includmg Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Concert Series. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: 6 a Y Approval of Law Dept.: �C �02 Law Dept. Comments: or:Forwarded to Ma Date y S 77 Shaded Areas To Be Completed By Administration Sta& ---— -_ I Received: I i Recommendations and Comments: _r=r Disposition: ��� � ti,iy c , ._• f Date Returned: 1`�v V r