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HomeMy WebLinkAboutCAG2019-049 - Original - Community Arts Support Program ` f KENT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Kent International Festival Vendor Number (]DE): 465481 Contract Number (City Clerk): G yltn 1 1511' 0 9 Category: _Kent Arts Commission Sub-Category (if applicable): None Project Name: Community Arts Support Program 1/3/19 12/31/19 Contract Execution Date: Termination Date: Contract Manager:Q Ronda Billerbeck Department: Parks Contract Amount: `P1 000.00 Budgeted: RV Grant? Part of NEW Budget: Local: ❑ State: 1:1 Federal: Related to a New Position: F Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: F./I Director F] Mayor ❑ City Council Other Details: Contractor will produce 2019 Kent International Festival at ShoWare Center KE4T � y CONTRACTOR SERVICES AGREEMENT between the City of Kent and 4 Kent International Festival 3 THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Kent International Festival organized under the laws of the State of Washington, located and doing business at P O. Box 6434, Kent, WA 98064-6434 (hereinafter the "Contractor'). I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City: Description: Contractor will produce 2019 Kent International Festival (as described in Exhibit B) Day, Date, Year: *tr°r 1`,204-9, MAV Event Location: ShoWare Center Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. COMPENSATION. The City shall pay Contractor the total sum of $1,000 for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. III. PRESS MATERIALS. Contractor agrees to provide where appropriate, at his or her own costs, complete press materials, including but not limited to black and white glossy photographs, biographic descriptions, and program materials, not less than eight (8) weeks prior to the initial event date. All publicity and promotional materials released to the media by the Contractor shall credit the City of Kent Arts Commission for its support of the event or project. Promotional credit must be clear and prominent. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement, V. EVALUATION. The Contractor shall have the authority to control and direct the performance and details of the contract work, the work must also meet the approval of the City and shall be subject to the City's general right of inspection and supervision to secure the satisfactory completion thereof. Contractor agrees to cooperate in this evaluation process and to make available to the City all information required by such evaluation process. Contractor agrees to comply with all federal, state and municipal laws, rules, and regulations that are or may in the future become applicable to Contractor or Contractor's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. VII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal Cost$ and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. CONTRACTOR SERVICES AGREEMENT- I (Communio,Arls Funding Prg1ec(a) VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. USE OF CITY MATERIALS. Contractor shall not, without prior written approval and permission of the City, use participant roster or related program materials for any purpose outside this Agreement including, but not limited to, solicitation of participants for Contractor's use in competition with City programs. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. TERMINATION AND BREACH. In the event of loss of funding or the Contractor's failure to comply with the terms and conditions of this Agreement, the City may terminate this Agreement upon providing only thirty (30) days written notice to Contractor. All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule. XII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more Instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full farce and effect. C. Resolution of DisoUtes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assi nmant. Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. IF Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreemen&. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. CONTRACTOR SERVICES AGREEMENT-2 (Community Arlo Funding Projects) H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: y By: � Pad By: V (signaler signature) Print Name: N Ni Print Name: Lori ogan Its Dd - Its: Super'urrtende of Parks, Recreation & (Title Community Services DATE: l pf f (Title) DATE: ` ........... NOTICES TO BE SENT TO: NOTICES TO BE NT TO: CONTRACTOR: CITY OF KENT: I� d�1: �i4 rha,+, �r-v4. Ronda Billerbeck (7) , l 4 g City of Kent 5 a '� 220 Fourth Avenue South Kent, WA 98032 - a (telephone) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) CONTRACI OR SERVICES AGRE.EMEK'I -3 (Community Arts Funding Proiects) T DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies, The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this, day of 201 By For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 (Community Arts Funding Projects) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT, MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, Contractors and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, Contractor or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments, 1. Ensuring that contractors, subcontractors, Contractors, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 (Community Arts Funding Projects) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of P/1 t ! eS_j4V Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor f r th Agreement known as that was entered into on the 13 date , between the firm I represent and the City of Kent. 1 declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this 3 V4 day of dwFi rx*�4 201-(. BY ........ For: Title: Date, EEO COMPLIANCE DOCUMENTS -3 (Community Arts Funding Projects) EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commer_cial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability, insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insuranee. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Kent International Festival CASP Narrative Responses Program/Project Description: [X I 80 // The Kent International Festival is an annual multicultural celebration where Kent and South King County residents can gather and celebrate their cultural heritages together. We are celebrating our 1lth annual festival in 2019. At the festival, attendees can watch diverse entertainment on three stages throughout the day, visit cultural passport booths and enjoy local Kent restaurant dishes from the International Taste of Kent Food Court. Our festival's goal is to Learn From Each Other by bringing all our diverse communities together in celebration. By doing this, both attendees and participants can experience a sense of inclusion and acceptance as part of a wider and stronger sense of community here in Kent. The funds from City of Kent Arts Commission grant will be used to cover a portion of the sound support expenses for the local artists who perform at the festival through the day. We hire a local sound company who provides the professional audio and lighting for performers on all three stages. Artistic Quality of the Project: Performing artists at the festival vary from professionally paid performers to local Kent school groups and local dance troupes or bands. Many have performed for several years at our festival. Some of our local dance groups have performed at Northwest Folklife Festival in Seattle and at the Washington State Fair. Other dance troupes have won national awards in dance competitions. This year Kent Community Foundation sponsored a local art exhibition shown at the Festival. In addition, this year they had an area where participants could sit and create their own art at the festival. It was an extremely popular addition. Many groups who perform or have a cultural Passport booth tell us that this is their favorite event to be part of each year. It gives them a chance to share their heritage and art with pride through dance, culturally significant items or cultural stories at a Passport booth. They love how it brings our community together regardless of where we all have come from originally. See the following links to videos from previous years' performances: trl,.P [ZYlMQ0, ¢.carry/2,7152MQ 2018 festival Itpu:d/virrMo,corn,/2Ar749JC Password is IF Compilation of 2009 through 2017 Festivals httns_;llvimea;com/169618919 2016 Festival Need for Services: Our festival celebrated our 10th year in 2018. Attendance has grown and has remained high over the years. We are one of the few cultural festivals that celebrate multiple cultures together rather than individual cultures celebrating among their own population. By doing this we can have the opportunity to learn about other cultures and be immersed in what is the community of Kent — a very diverse community of cultures living as neighbors. Every year we do attendee surveys. One of these is included in this packet. One questions we ask is "What does the festival mean to you and/or your community?". Here are some responses: "Feel welcomed". "When you understand each other— comes tolerance." "It means community to me — showing others me being me." "We are all different but the same." The other question on the surveys that address need or interest is "How many times have you been to the festival?" Many responses are four or five times, or every year, or that this was their first time attending. Many first-time attendees tell our interviewers they will come again next year. Public Benefit/Participation: Kent International Festival attracts a variety of communities from Kent and the surrounding South King County. Many attendees are from recent refugee or immigrant groups along with many of the long-standing populations who have lived here for decades. Our attendees range from very young to senior citizens. We know this from one of our survey questions about age and cultural identity. Our event is free to the public and family friendly. There are activities for all ages. We involve the community in three key ways. First, many performers are from Kent either as a private dance or musical group or from one of our local K12 schools. Second several of our cultural Passport booths are local Kent groups. We apply for a grant each year to sponsor cultural booths if the group does not have the funds to pay our booth fee. This creates access for groups who want to be there but could not be if they were not sponsored. The final way we involve our community is at our food court. The food served is only from locally owned restaurants in Kent. This supports our local businesses and economy. The festival since 2014 is held at accesso ShoWare Center which is accessible for disabled attendees. This past year we also had an ASL (American Sign Language) interpreter for the beginning of the festival. Feasibility: KIF Mission and Vision Statement: The Kent International Festival is a yearly celebration of the cultural diversity represented in the Kent community and South King County. We believe that, through coming together and celebrating our various heritages with respect and understanding, we build a stronger and wider sense of community that is inclusive of all. The Festival Director, Nancy Skipton, has been with the festival since its very first year. She owns a wedding and event planning business and has held various position with the festival from running the information booth to coordinating the entertainment for 5 years, fundraising since 2013 and being the festival director since 2015. Many others on the planning board have been with the festival for 6 or more years. We have the support of the Mayor of Kent and are part of the Kent Sister Cities Association (our nonprofit status) since 2010. We are currently forming our executive board of directors as we transition to gaining our own 501c3 nonprofit status. 2019 will be our 11th year which attests to our stability and longevity as a festival. See KIF executive board of directors in our packet. Encouragement of Other Funding Sources: We have sponsors who have offered their support for several years. We gain financial support from multiple sources — private donations, local businesses, nonprofit organizations and we apply for a variety of grants each year with a good success rate. The festival enjoys the involvement of 250 volunteers each year on the day of the event and a strong planning committee of volunteers. We are fortunate to have a few members of the Kent City Council as well as a few local business owners on our planning committee. We have also partnered with the Kent Farmer's market over the years with cross promotion of our events when they land on the same day. Some of our vendors offer In Kind Contributions. If we do not get awarded the Kent Arts Commission funding, we will curtail a few of our activities if needed or fill the funding void with other funding. We appreciate the opportunity to apply and we always keep in mind options for additional funding or modification of plans. See attached page 4 and 5. Last year's financial statement IRS letter of nonprofit status through Kent Sister Cities Association Promotional Plan: We promote through the following methods: Placement of large and small of roadside signs beginning in late April early May; signage on the accesso ShoWare marquee on the weeks leading up to the Festival. social media: Facebook, Twitter and Instagram; We now have one person on our committee dedicated to social media and PR; Free listings in local and King County community calendars; posting of flyers and posters a month before the Festival in schools and local retailers; word of mouth networking and speaking at local clubs and associations; A few local publications feature articles on the upcoming Festival. Our website which averaged 2000 to 4000 views a month leading up to the Festival. We also ask all our participants (entertainers, booths and food court restaurants) to use social media to share their involvement in our Festival to expand our reach even further. All sponsors are listed in our Festival programs and our website sponsor page. Logos of sponsors over $500.00 are displayed at the Festival and printed in our program. Kent Arts Commission will have signage at our Arena or Plaza stage, in our program and on our website sponsor page if the grant is awarded'. See copies of past years' programs, View our website 2018 sponsor page: ht�,// uww,kentinternationalfestival.com/sponsors.html Evaluation: We elicit feedback from all aspects of our Festival before during and after each year. The members of our planning committee are very involved in our community and frequent solicit others about their knowledge of our festival and ask for feedback about how we can improve. Our surveys are our main approach to obtaining information about our success and impact on the day of the Festival. We have surveys at our Information Passport booth that attendees can fill out during the day. We also have Surveyors who walk around the Festival asking attendees to do a short interview. A blank copy of this is included in this packet. All of us ask through the day verbally if attendees are having fun and what do they enjoy about the Festival. These methods have helped us know if we are achieving our goals and what improvements we can make the following year.