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HomeMy WebLinkAboutPK13-100 - Original - Cultural Development Authority of King County - 4Culture: Support for 2013 Art Programs - 01/01/2013 Agreement No. 113268A Contractor's Federal Taxpayer ID No (last 4 digits) Contractor City of Kent Arts Commission Project Title 2013 Programs Contract Amount $17,000 00 Fund Source CP —Arts Sustained Support Contract Period From 01/01/2013 To 12/31/2013 AGENCY SERVICES CONTRACT 2013 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. 2013-13 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 sec 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 2013 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 Attached hereto as Exhibit D other agreements, 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 forA reements 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 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 "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 RE http:/hvww.4culture.org KIN,CUONIY LODGING Ux 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, 2013 and shall terminate on December 31, 2013 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 2013 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 2013 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 VIII. 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 2013 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 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 AG SVC 2013 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 2013 Page 6 of 7 XVI. SURVIVAL The terms and conditions of Sections III, V, VI, VII, VIII, 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 21 ttre` f L c uze Date Name (Please type or print) Title (Please t tt or print) 6 � 3 Date AG SVC 2013 Page 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 2013 Programs, including the Spotlight Series (7 professional performing arts eetns between Jan and March, 3 between October and December); Kent Kids'Arts Day (March 2); and Kent's Summer Concert series (18 performances July-Aug). 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. All events are open and publicized to the community. Approximately 1,200 free tickets to Kent Kids' Arts Day 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, disabled 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 3 EXHIBIT B City of Kent Arts Commission J Address Website 220 4th Ave S www kentarts.com Kent Washington Email 98032 rbillerbeck(Dkentwa aov Shipping Address King County Council District # 220 4th Ave S 5 Kent Washington WA State Legislative District # 98032 33 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 $786,435 Revenue 2nd to last fiscal year $790,892 Organization Director Cultural Programs Manager, Ms. Ronda Billerbeck Director Email rbillerbeck@kentwa.gov 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. Contact Person Contact Phone Contact Email file:///Rl/...ns/Qty%20of%20Kent%20Arts%20Commission/City%20of%20Kent%20Arts%20Commission_0001_fieldData html[3/27/2013 2:30:23 PM] Community a) Describe your community. b) How is it changing? We suggest you use about 250 words. a) Kent is a suburb of 118,000 between Seattle and Tacoma, it is the sixth largest city in the state Kent is geographically large as well, with an area of 33 square miles. Ethnic minorities make up 44% of our population, a figure that has increased 60% since the 2000 census In 2006, 27% of Kent residents were foreign-born and among people at least five years old, 32% spoke a language other than English There are over 100 languages spoken by students in the Kent School District, including Spanish, Ukranian, Punjabi, Somali, Vietnamese, Russian, Tagalog, Cambodian, Korean, and Chinese. Kent is the fourth largest manufacturing and distribution center in the United States; it is home to 4,500 businesses and approximately 78,000 jobs Kent's $8 billion gross business income is the highest among its peer cities in South King County However, our median household income is 21% lower than the rest of King County, and 15% of Kent residents are in poverty (compared to 10% in King County overall). The inconvenience and expense of traveling to Seattle limit access to the arts in Kent. b) The Kent community is continuously changing - becoming ever more diverse and urban. Ethnic diversity has steadily increased over the past decade and we expect that trend to continue as Kent becomes home to more foreign immigrants As our downtown area becomes more urban, we are striving to make it more of a dynamic and vibrant core for our geographically sprawling community. Additionally, one of the City Council's strategic goals is to develop a strong network of neighborhoods and neighborhood urban centers. Kent's sprawling geography creates challenges in developing a strong community core Our award-winning parks system and school district continue to assist in achieving this goal Programming a) How does your programming respond to your community needs? b)What program are you most proud of and why? We suggest you use about 250 words. a) We are committed to providing access for all citizens to quality arts experiences 2011 attendance at our programs totaled more than 40,000. Participant characteristics vary and reflect the community's diverse ages, ethnicities and economic statuses Over 40% of Kent residents are considered low income and we employ a variety of efforts to increase participation from these residents, including free concerts, outreach activities, and admission vouchers We have made progress in developing multicultural audiences by presenting ethnic art forms and engaging in grass roots promotions within different ethnic groups. Developing relationships with leaders and members of each group is the most effective tool in engaging and serving these communities. It is time-consuming work and we are slowly beginning to see results In addition to incorporating diverse art forms in our own programming, we recently launched "Give Me Culture," a new grant program to broaden participation in, and showcasing of, arts and cultural activities by ethnically diverse and underserved communities. b) As a municipal arts commission, our mandate is to serve the large and diverse population of Kent. Our programming must serve vaned interests, build community, and educate citizens. Because of this broad mission, we are most proud of the diversity of our programming, rather than any one program in particular. Our performing arts program features more than 30 performances annually, including free summer concerts in the parks and "Spotlight Series" shows ranging from bluegrass and classical music to modern dance and Indian slide guitar. Our educational outreach program brings acclaimed artists such as the Brubeck Brothers Quartet into high schools to work with jazz students, as well as Hawaiian, Creole, and Indian artists into community settings to share their knowledge and skills Our public art program runs the gamut from the internationally acclaimed Bayer Earthworks, to murals created by "at risk" students. Kent Kids' Arts Day is an annual event that features a dozen hands-on projects, giving kids and families the opportunity to learn about and create through various mediums. 4th of July Splash file:///Rl/...ns/Gty%20ofD/o20Kent%20Arts%20Commissbn/Gty%20of°h20Kent°/a20Arts%20Commission_0001_fieldData.html[3/27/2013 2:30:23 PM] brings our community together in a large festival format, and our two funding programs support and nurture local artists and organizations. Management a) How is your agency structured? b) How do you collaborate with other municipal departments and community agencies? c) How does your agency foster the development of art,local artists,and local arts organizations? We suggest you use about 250 words. a) The Kent Arts Commission was established by City Ordinance in 1975. It is an advisory board of 12 to 15 volunteer citizens, appointed by the Mayor to promote cultural programs and provide citizen input to the planning of arts and cultural activities in Kent City staff within the Cultural Programs Division of Kent's Parks, Recreation and Community Services Department provides support to this group. The Commission is directed by the Cultural Programs Manager, and professionally staffed by an Arts Coordinator and an Administrative Assistant. b) We work extensively with Public Works, Parks Planning and Development, and Parks Maintenance to incorporate new public art into capital projects and park improvements, as well as to conserve and maintain existing works We regularly collaborate with our Senior Center, Youth/Teen Program, and Inclusive Recreation group to bring arts experiences to specific populations We work with Housing and Human Services to tackle issues such as food security, and recently won the South King Council of Human Services Human Services and Equity Award for an Organization for our Reel Grrls' Youth Food Security Art Project that engaged youth filmmakers on the issue of hunger. Collaboration with Police, Fire, and Public Works Departments is important to security, traffic, and logistics involved in large events. We also work with service clubs (Lions, Rotary), social service agencies (Kent Youth and Family Services), and libraries in the planning, promotion, and delivery of programs. We have a long-standing mutual use agreement with the Kent School District that allows us to utilize school theaters for performances. We work with the ShoWare Center to co-present larger scale concerts, and are also continuing our new cultural tourism partnership with Cascade Bicycle Club, Renton, SeaTac, and 4Culture Public Art that promotes the Earthworks in the Green River Valley. c) We foster the development of local art, artists, and organizations through two grant programs. Community Arts Support Program (CASP) provides financial support for projects by arts and cultural organizations, community groups and individual artists The program encourages, develops and supports community arts programming that serves the general public, and provides opportunities for innovation and development of unique services outside the scope of our existing programming. In 2012, we launched the Give Me Culture program, which offers small, flexible grants for arts, culture, and heritage projects by ethnically diverse and underserved communities. There is a roiling deadline and each applicant is provided with technical assistance in conceiving their project, preparing their application, and implementing their plan Future a) What plans does your agency have for advancing its mission? b)What are the challenges? c) If Sustained Support funding were reduced or eliminated, how would your activities be impacted? We suggest you use about 250 words. a) The Kent Arts Commission determines key initiatives and challenges as part of the City's annual budget process City Council sets strategic goals and the Arts Commission annually reviews programs and sets goals with these broad, strategic goals in mind. Our City Art Ordinance requires us to establish One-Year and Five-Year City Art Plans that guide the allocation of our $2 per capita public art funding These plans are reviewed and approved by City Council. Immediate plans include: -Implement the 2012-2016 City Art Plan, including a new community project. Kent Arts DIY. Kent Arts DIY (Do-it-Yourself) will foster inclusiveness by highlighting the talent and creativity of the Kent file:///RJ/...ns/City%20of%20Kent%20Arts°h20Commission/City%20of%20Kent%20Arts%20Commission_0001_fieidData html[3/27/2013 2:30:23 PM] community. Participants will showcase their projects (traditional, community, and/or folk arts) online. The plan also includes a continued focus on providing interpretive tours about Kent's cultural and historic resources, and on promoting and maintaining our existing collection through continued partnerships with the community. -Maintain 2010 budget adjustments to Spotlight Series of performing arts events. Strive for high quality, balance of genres, ethnic diversity and offerings for youth, while focusing on a smaller, self-sustaining series. -Ensure ethnic diversity is reflected in programming choices. Continue to generate and implement strategies to expand audience participation among diverse citizens. b) Maintaining high quality programs with decreased staff and resources is our biggest challenge In 2010, we eliminated one FTE in the Cultural Programs division (reducing full time staff 20%), cut a number of related programs and implemented 10-15% reductions in many remaining programs The City anticipates continued budget strains and potential cuts as we move into 2013 Continuing to meet the cultural programming needs of an increasingly diverse community with limited staff is an on-going challenge Achieving the mandate for Spotlight Series of performing arts events to be self-sustaining will be a significant challenge Obtaining sponsorship support remains difficult in the current economic environment, and event production costs continue to rise. c) The City of Kent has a long history of supporting arts and culture. Our arts commission is one of the oldest in the state and our City leadership has remained committed to funding arts and culture as important elements of a vibrant community. We feel confident that the arts will continue to be an integral part of city services in Kent However, loss or reduction of Sustained Support funding would definitely be an impact. Our annual award has been $17,000 - a significant amount that makes a real impact on our ability to leverage local support, continue core programming and take risks with new ideas and projects Strong Sustained Support funding sends a clear message to elected officials and City leadership about the importance of arts and culture, and provides a safety net that allows us to present a variety of genres and emerging artists that build audiences and serve unique interests. The funding also helps us keep our ticket prices low and to offer free programming. file:///RJ/...ns/City%20of%20Kent/a20Arts%20Commission/City%20of%20Kent%20Arts%20Commission_0001_fieldData.html[3/27/2013 2:30:23 PM] City of Kent Arts Staff Li Title Name Cultural Programs Manager Ronda Billerbeck Visual Arts Coordinator Cheryl dos Remedios Cultural Programs Coordinator Mark Hendrickson Administrative Assistant Calleen Bidman mmission Percentage of time allocated to arts programs 95% 95% 30% 80% VIOV,IR I- L ` $A U T N 7 N O a) -E 0 E rz > E R rnv cn 2 3 m x O— O] U C Q ❑ Q = V W 2 ) (D a) R 0.. 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C. 61 O. 3 m A d cn fl-- L O y O O U 0 00i O , Q i9 R L R C R R O O (U >O 7 C 1p 7 o •z= :: ulsty Z -w- 1 t O J_ N T N N C 0 0 C O C ma C C O. V E aC .0 1' QL .L.. R _� L 0 N m7 T O 0 R Q R R �+ E (a City of Kent Arts Commission Annual Arts Programming 2011 ,Trtleoi cyenr, rrugr4m,aerruce Date s Evtents' Locauon r>tten_oance SpotlightSeries-SuzanneVega+workshop 29-Jan 2 Kent-Meridian PAC 298 Spotlight Series-Late Nite Catechism 3 11-Feb 1 Kentwood PAC 485 Spotlight Series-Handsome Little Devils 12-Mar 1 Kent-Meridian PAC 149 Spotlight Series-Alpin Hong+workshops 18-Mar 5 Kent-Meridian PAC 1,140 Spotlight Series-Melinda Doolittle 25-Mar 1 Kentwood PAC 156 Spotlight Series-AmyHanaiah'i 24-Sep 1 Kent-Meridian PAC 155 Spotlight Series-Riders in the Sky 14-Oct 1 Kentwood PAC 221 Spotlight Series-The Ruth Moody Band 29-Oct 1 Kentwood PAC 85 Spotlight Series-MagicalStnngs 5-Dec 1 Kent-Meridian PAC 281 Spotlight Series-Charlie Brown Christmas 10-Dec 1 Kentwood PAC 358 Kent Kids'Arts Day 5-Mar 1 Kent Commons 1,800 Student art walk Mar7-18 1 Downtown Kent 1,500 Summer Concert Series July-Aug 17 3 outdoor parks 6,675 4th of July Splash 4-Jul 1 Lake Meridian Park 18,000 Outdoor Cinema Aug 12-26 3 Town Square Plaza 700 Centennial Center Gallery Exhibits 2011 6 Centennial Gallery 5,000 Grants to artists and organizations 2011 33 Various 3,917 Public art on-going dev,maintenance 2011 n/a Various n/a 916 rr A a W r�' i C �aa:;;.::a' as .. -a-v<�i"iW z':� " " I �.xx 4 CULTURE 2013 Arts Sustained Support Operating Budget Form 5%SECONOAV hi E SU9 E2 SEATri-WA WO. OPERATING FINANCIAL INFORMATION ORG NAME City of Kent Arts Commission YOUR FY ENDS- December 31, REPORT OPERATING EXPENSES ONLY-DO NOT INCLUDE CAPITAL EXPENDITURES ACTUAL ACTUAL CURRENTYEAR FY 2009.10 or 2010 FY 2010-11 or 2011 FY 2011-12 or 2012 1 Operating Expenses: 2 Personnel Wa14, r ?" e�W)M � ;:s'4't;)"a?�n6, ,�'' 1.�« .�., { z gu q'277 '� - 3 1 Artistic permanent 0 0 0 4 temporary 213,694 213,683 202,251 5 2 Production permanent 0 0 0 6 temporary 31,031 23,772 18,341 7 3 Admlmstrabve permanent 383,839 403,428 415,619 8 temporary 4,426 1,285 1,707 9 4 Education permanent 0 0 0 10 temporary 0 0 0 11 Production/Exhibition expenses 16,132 11,971 13,221 12 MarkebnglPromotion expenses 67,689 49,527 72,285 13 Fundraising expenses 0 0 0 14 Education expenses 2,000 2,356 2,780 15 Occupancy expenses(mortgagehentlutllNes) 6,843 11,571 _8,000 16 Travel and Transportabon 1,850 3,926 4,491 17 Administrabve expenses 50,202 48,720 96,606 18 Subtotal 779,706 770,239 845,301 19 In-Kind Expenses(must=In-kind Contnbutions) 11,18 6 16,19 6 15,769 20 TOTAL OPERATING EXPENSES 790,892 1 786,435 661,070 21 Earned Income: 22 Single Tickets Box OtficelAdmission 81,497 55,626 51,062 23 SubscnptonlMembership 0 0 0 24 TwtionNJorkshops 26,014 33,228 22,119 25 Sales/ConcessionslRentals 14,564 10,653 9,955 26 Interest&Earnings(savings,reserves,etc) 0 0 0 27 Other Earned Income 0 D 0 28 TOTAL EARNED INCOME 122,095 99,507 1 83`,136 29 Earned income percentage 15B 13% 10% 30 EARNINGS GAP (668,797) (686,928) (777,934) 31 Contributed Income• 32 NEH,NEA,and IMS 6,500 0 0 33 Other Federal Government 0 0 0 34 WSAC 0 4,380 3,500 35 Other State Government 0 0 0 36 4Culture 26,770 22,129 17,000 37 Other County Government 0 0 0 38 SOACA(Seattle) 0 0 0 39 Other City Government 586,029 611,307 702,637 40 ArtsFund 0 0 0 41 Other Corporations 24,710 25,350 32,078 42 Foundations 1,875 5,000 4,750 43 PONCHO 0 0 0 44 Individuals 11,727 2,566 2,000 45 Fundraising Events(ONet or OGross Income?) 0 0 0 46 Misc contributions 0 0 0 47 SUBTOTAL CONTRIBUTED INCOME 657, 611 670,732 762,165 48 In-Kind Contrbubons 11,186 16,196 15,769 49 TOTAL OPERATING INCOME 790,892 786,435 861,070 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$1,000,000 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 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 nco CERTIFICATE OF LIABILITY INSURANCE DATE(MM DD YI YY( 61 12013 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 policy(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 NCO AME NTACT Alliant Insurance Services, Inc PHOAiC.NENo,EidtI206-204-9140 FAX No)206-204-9205 720 Olive Way, Suite 1700 E-MAIL Seattle WA 98101 ADDRESS INSURERS AFFORDING COVERAGE NAIC 4 INSURER Princeton Excess INSURED KE583802 INSURER B City of Kent INSURERC 220 Fourth Avenue South INSURER Kent WA 98032-5895 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:678781952 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVO POLICY NUMBER iMMIDDIYYYYI (MMIDDrrfYY) LIMITS A GENERAL LIABILITY Y Y N1-A3-RL-0000069-02 1/1/2013 /l/2014 EACHOCCURRENCE $5,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TORENTED PREMISES EaO RENTED oe E CLAIMS-MADE 7OCCUR M ED EXP(Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ A AUTOMOBILE LIABILITY Y Y N1-A3-RL0D00D69-02 1/1/2013 11112014 Ea accident 000 000 IANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS FIR ANY PROPRIETORlPARTNERIEXECUTIVE❑ E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) EL DISEASE-EA EMPLOYE [$ If yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE 4 Culture has awarded the Kent Arts Commission funding grant The funding will support 2013 programs, including spotlight Series performances, Kent Kids'Arts Day and Kent Summer Concert Series CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS Attn Kim Komoto 220 4th Ave South AUTHORIZED REPRES TIVE Kent WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD nL�l 3-tee o \ REQUEST FOR MAYOR'S SIGNATURE v K�NT Please Fill in All Applicable Boxes W...I..T.. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) / Approved to Route Originator: Ronda Billerbeck Phone (Originator): 253-856-5055 Date Sent: 6/5/2013 Date Required: t., i Return Signed Document to: Ronda CONTRACT TERMINA IO DATE: 12/31/13 Blllerbeck VENDOR NAME: 4Culture DATE OF COUNCIL APPROVAL: Brief Explanation of Document: / 4Culture has awarded the Kent Arts Commission $17,000 in Sustained Support funding through a competitive grant process. The funding will support 2013 programs, including Spotlight Series performances, Kent Kids' Arts Day and Kent Summer Con riP�S, .,... r h, ava � JUN 0 6 2011 City of Kent Office of the Mayor All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: J Law Dept. Comments: s a [Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration f Received: JUN - 6 2013 Recommendations and Comments: CITY OF KENT Disposition: CITY CLERK arrl/CC G � 2e GL� Date Returned