Loading...
HomeMy WebLinkAboutPK12-268 - Original - King County - 4Culture: Earthworks Bicycle Tour - 01/01/2012 Agreement No. 112026A Contractor's Federal Taxpayer ID No. (last 4 digits) Contractor City of Kent Arts Commission Project Title' Earthworks Bicycle Tour Contract Amount. $ 6,500.00 Fund Source: CP—Site Specific KCPN Contract Period From 1/1/2012 To: 12,130/2012 AGENCY SERVICES CONTRACT 2012 THIS CONTRACT is entered into by the CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4Culture"), whose address is 101 Prerontaine Place South, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the City of Kent Arts Commission (the "Contractor"), whose address is 220 4th Ave S, Kent WA 98032 and telephone number is 1253) 856-5058 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 consistant with those defined in RCW 67 28 180 ("Public Benefit Services"). 4Culture is organized pursuant to King County Ordinance 14482 and RCW 35 21.730, et seg RCW 35 21.750 provides as follows [All) liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority" The legislative authonty 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 VI I, 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 i 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 Re uirements Attached hereto as Exhibit C ❑ Personnel Inventory (K C C 12 16 060A)( In combination with Attached hereto as Exhibit D other agreements, in excess of$25,000 in a calendar ear ❑ Affidavit and Certificate of Compliance (K.C.0 12.16 060B) Attached hereto as Exhibit E for Agreements in excess of$25,000 ❑ Disability Assurance of Compliance/Section 504 (KCC Attached hereto as Exhibit F 12 16 060D) [ORGANIZATIONS ONLY 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 Protect Proposal and Budget or the Specific Scope of Services and Payment Schedule must be approved in writing by 4Culture. The work described generally by the Project Proposal and Budget and more specifically by the Specific Scope of Services shall hereinafter be referred to as the 'Project'. C. In addition to performing the Project, Contractor shall provide any Public Benefit Provisions that may be specified in the Specific Scope of Services attached. D Contractor agrees to acknowledge 4Culture support with inclusion of the approved 4Culture logo in all marketing and promotional materials during the period this contract is in force. 4 Approved logos are available for download in a variety of formats at C U LTU R E http Nwww.4culture.org NN6 CUMTf LUU6"TAX E. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but not limited to ground breaking events, dedications, and other public programs. II. DURATION OF CONTRACT This Agreement shall commence on January 1, 2012 and shall terminate on December 30, 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 $6,500 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. i 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 j 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 protect, the Contractor shall also submit' 1. A project evaluation report upon the form provided by 4Culture. 2. If 4Culture requests, at least two images (prints, slides, or digital images accompanied by a high-quality print-out) of publishable quality for use by 4Culture to publicize its funding programs. Photos shall have credits, caption information, and permission to publish. F If the Contractor fails to comply with any terms or conditions of this contract or to provide in any I manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until i 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. I IV. TERMINATION OF AGREEMENT A If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor describing such default or violation 4Culture shall not so terminate this Agreement if 4Culture determines that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or violation. V. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all contract funds and compliance with this Agreement All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement B. These records shall be maintained for a period of six (6)years after termination of this Agreement unless a longer retention period is required by law. AG SVC 2012 Page 3 of 7 a 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 i 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 I 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 I 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 shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment The Contractor is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Contractor and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of this Agreement To the extent allowed by law, the Contractor shall protect, defend, indemnify and save harmless 4Culture and its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1)the Contractor's failure to pay any such compensation, wages, benefits, or taxes, (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Agreement. The Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents, and employees, from and against any and all claims made by Contractor's employees arising from their employment with Contractor. AG SVC 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 budding, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate"within the meaning of RCW 4 24 225, the Contractor shall so protect, defend, indemnify, and save harmless 4Culture, its officers, employees, and agents only to the extent of the Contractor's, its officers', employees', and/or agents' negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents In the event 4Culture incurs any judgment, award and/or cost arising there from including attorneys'fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor Claims shall include, but are not limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright X. INSURANCE REQUIREMENTS The Contractor shall procure and maintain for the duration of this Agreement insurance as described on the Exhibit labeled as Insurance Requirements attached here to XI. CONFLICT OF INTEREST Chapter 42 23 RCW (Code Of Ethics For Municipal Officers--Contract Interests) is incorporated by reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said Chapter Failure by the Contractor to comply with any requirements of such Chapter shall be a material breach of contract In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Specific Scope of Contract Services funded herein, has or shall have any beneficial interest, directly or indirectly, in this contract The Contractor further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with this provision. Pa e5of7 AG SVC 2Ol..2 S I XII. NONDISCRIMINATION During the performance of this Agreement, Contractor shall comply with state, federal and local i 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.0 chapter 12.16 regarding discrimination and affirmative action in employment by contractors subcontractors and vendors, K C C chapter 12 17 prohibiting discrimination in contractiig, K C C chapter 12 18 requiring fair employment practices; KC 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 j 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 I 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 tha: 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 4Cuiture'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 I XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, Vill, IX, XI,XII,XIII, XIV and XV shall survive the termination of this Agreement and shall be continuing obligations of the parties 4CULTURE: CONTRACTOR: 4Culture-CDA Executive Director Signa ure . Cf+ Date Name (Please type or Mnt) Title (Please type or print) r�av Zo �Zo L2 Date AG SVC 2012 Page 7 of 7 f i i EXHIBIT A SCOPE OF SERVICE City of Kent Arts Commission and 4Culture mutually agree that the following services be provided in accordance with the agreement between the contractor and 4Culture. This contract provides partial support for the development and presentation of a new artistic work for the 2012 Site Specific Program of 4Culture.Kent Arts Commission will work in cooperation with the Cities j of Kent, SeaTac,and Tukwila to create a bicycle tour of notable Earthworks in and around Kent. This contract will support the development of the project,cost of materials, and public presentation. AWARD $6,500 Payable upon submission of invoice and documentation regarding: • Completion of Evaluation Form • Project Documentation PUBLIC BENEFIT The project will be open,accessible,publicized and free to the community. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of 4Cultuie Site Specific Performance Network is required of all recipients for use in all publicity and promotional materials,including, but not limited to brochures, press releases, programs,posters,public service announcements,flyers and advertisements The artist agrees to provide the following credit for all 2012 performances of this project. You may download several versions of the logo from this page on our websrte• http://www 4culture.org/manageaward/logo/index.htm CULTURE SITE-SPECIFIC 4 Exhibit B CULTURE KiNa COON rr loomN0 TAX i 2012 Site-Specific Program Application 4Culture 206 296.7580 101 Prefontaine Place South,Seattle,WA 98104 TTY 711 www.4culture org Deadline: Applications must be received in the office by 4:30 p.m.on October 19, 2011 Wednesday,October 19, 2011 or postmarked by October 19, 2011. INSTRUCTIONS 0 Reac the King County Performance Network guidelines before filling out this form • Submit one original of the application and artist work history DO NOT STAPLE. • Submit one set of required work sample and optional support materials 1. Applicant Artist/Ensemble/Organization Name: Kent Arts Commission Contact Name.Mr.❑Ms. 0 Title visual Arts Coordinator First Name: Cheryl Last Name dos Remedios Address: 220 4th Ave S City. Zip: Kent 98032 Area Code 253 Phone: 8565058 e-mail: cdosremedios@kentwa.gov Area Code Fax: http'//kentarts org/earthworks County Council District Number: THIS IS REQUIRED INFORMATION Call King Co.Records and Sections at(206)296-1581 to verify your Council District orvisd http lAww metrokc oov/mkcddistmao him 2.Project Concept(s) Please attach one to three ideas or concepts for a site-specific performance or exhibition; Please include a description and a preliminary expense budget for each concept(2 pages per project) Additional information such as technical requirements, site availability,and a final project budget will be developed after the review and selection by 4Culture and the sponsoring organizations For the purpose of this application,please just describe your idea(s)and estimated expenses. 3.Protect Requirements: If your proposal has special requirements (which might include technical needs,venue restrictions, or the need and/or desire to be paired with a specific community,please explain within your attached two-page protect concept.) 4.Application Checklist: e—Signed application page q---rto 3 concept narrative(s)and preliminary budget(s)(two pages per project) artist Work History(1 page), Include your work in the proposed discipline as well as a concise history of collaborative and site-specific projects if applicable M—Work Sample A high quality work sample of the anist/organization's work is strongly encouraged Work samples may be submitted in a variety of standard formats Er-Work Sample Description.Please include a separate page detailing title, date, description, participating artists, and applicant role in selected sample(s) a—Support Materials,to include articles, reviews,sample publicity materials, etc. S.Applicant Signature: Signature. J /� Date. /0 2 o r I I I City of Kent Arts Commission: Earthworks Bicycle Tour SITE SPECIFIC Project Narrative The City of Kent Arts Commission has received funding from the National Endowment for the Arts (NEA) to create an Earthworks Bicycle Tour. The Bicycle Tour will connect four significant art and landscape sites in the Green River Valley. As part of our commitment to the NEA, the Kent Arts Commission is planning Site Specific installations at all four sites during the Inaugural Bicycle Tour on June 2, 2012 with a Kent Arts Commission project budget of $9,740. i The purpose of this application is to allow the Kent Arts Commission to partner with 4Culture on curating and hosting the Inaugural Bicycle Tour. This partnership is significant because two of the four sites on the Tour are owned and managed by the City of Kent, and two of the sites are managed by 4Culture. In addition, the City of Kent is excited about the opportunity to partner with Local Arts Agencies in Renton, SeaTac and Tukwila. The concept of"site specific"artwork was greatly advanced by King County's groundbreaking Earthworks: Land Reclamation as Sculpture symposium. The symposium resulted in the Robert Morris Earthwork (4Culture) and the Herbert Bayer Earthwork (Kent). The same year as the symposium (1979) the Kent Public Works Department began transforming an abandoned sewage lagoon into one of the largest man-made, multi-use wildlife refuges in the United States: the Green River Natural Resource Area (Kent). In 1998, Lorna Jordan's completed her ecological artwork Waterworks Gardens (4Culture) at the Renton sewage treatment plant. The Earthworks Bicycle Tour will provide an ecologically sensitive way to access these important environmental artworks and landscapes. In addition to the Inaugural event, the Kent Arts Commission has recently hired a team of artists to create permanent signage and digitally accessible information that will help inform the local community about each site's connection to stormwater management, In 2007, the Herbert Bayer Earthworks 25th Anniversary Celebration kicked-off a public awareness campaign that has included exhibits, programs, video, local and national press. We have since hosted tours for the Int'I Sculpture Center (2007) and Americans for the Arts (2009), along with elementary, college and senior groups (on-going). We are also in the midst of a complimentary restoration project for the Herbert Bayer Earthworks. We have secured matching funds of 13,800 from 4Culture Preservation and we received a 70,000 grant from the Partners in Preservation online voting contest. This month-long community engagement campaign significantly increased our expertise in social networking. Construction is currently underway. I 1 i 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. I 1 Minimum Scope of Insurance needed for this contract is as follows. ® Commercial General Insurance Services Office form number(CG 00 01 Ed 11-88)—Minimum Liability Combined Single Limit of$1,000,000 BI & PD with a General Aggregate per project Automobile Liability Covering all owned and non-owned and hired automobiles—Combined Single Limit of$1,000,000 BI & PD 2. Deductibles and Self Insured Retentions. Any eeductibles 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 I A The insurance policies are to contain, or be endorsed to contain,the following provisions, (a) General Liability Policies i (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 I (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 I (b) All Policies (1) Coverage shall not be suspended,voiced, 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 nonrenewai of any policy required by this contract shall occur without thirty(30) days' prior written notice to 4Culture. 4 Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A�VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII 5. Verification of Coverage 4Culture, reserves the right to request that contractor submit the certificate(s)of insurance evidencing compliance with all requirements set forth above BUDGET Below is the budget for SITE SPECIFIC activities during the Partners in Preservation community engagement initiative. This included 2 events: Earth Day at Earthworks and an Earthworks Open House for a total budget of$9390. The Earthworks Bicycle Ride is essentially 4 events happening simultaneously, and the Kent Arts Commission can offer matching funds of $9740.00. Kent 4Cuiture Event Date Artist Budget Match Funds Total Earth Day @ Earthworks 22-Apr Mandy Greer 3,230.00 1,615.00 1,615.00 22-Apr Paul Rucker 700.00 350.00 350.00 I 22-Apr Acorn Dance 2,610.00 1,305.00 1,305.00 22-Apr Kristin Tollefson 75000 75000 Total 4020.00 3,270.00 7290.00 Earthworks Open House 2-May Acorn Dance 1,000.00 500.00 500.00 2-May Renaissance Poets 600.00 600.00 2-May Peter Reiquam 500.00 500.00 2-May Kristin Tollefson 750.00 750.00 Community Performances 500.00 500.00 Total 1,600.00 500.00 2,100.00 9,390.00 2