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HomeMy WebLinkAboutContract2025 GRANT BENEFICIARY/ARTIST AGREEMENT WITH HAZELWOOD ELEMENTARY PTSA RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM THIS AGREEMENT, dated for reference purposes only as 1/16/2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Hazelwood Elementary PTSA (“Beneficiary/Artist”), a Washington Nonprofit Corporation, and sets forth the terms and conditions under which the City will provide a grant to Beneficiary/Artist under the Renton Municipal Arts Commission (“RMAC”), Municipal Art Fund Grant Program (“Program”). The Program is funded through the Renton Municipal Art Fund (“Fund”) (RMC 2-8-7.B), with g selected by the RMAC (RMC 2-8-.4.C). The City and the Beneficiary/Artist are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. RECITALS: WHEREAS, the City of Renton recognizes and acknowledges the importance of, and benefit to the public in, providing visual art and performance in its public works and facilities, and the community as a whole; and, WHEREAS, the City created the Renton Municipal Arts Commission (“Commission”)to advise the Mayor and City Council on artistic and cultural development of the City, and to disburse money budgeted to it for cultural arts performances and other events, art-related programs and activities and support of artists and arts and cultural organizations, as resources allow through the City’s Municipal Art Fund; and, WHEREAS, the Commission established Application Criteria (Exhibit 1), issued a Call for Application ("Call for Application” at Exhibit 2), reviewed Applications (“Beneficiary/Artist’s Application” at Exhibit 3), and established a list of Projects awarded from the Fund (“Projects Awarded” at Exhibit 4), each Exhibit is incorporated herein by reference; and WHEREAS, on December 3, 2024,the Commission reviewed the Beneficiary/Artist’s Application and determined that the Beneficiary/Artist is eligible for assistance under this Program and is promoting arts and culture in Renton. CAG-25-036 PAGE 2 OF 15 NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the Parties agree as follows: AGREEMENT 1. Grant Amount and Disbursement. a. Amount. The total amount to be awarded to Beneficiary/Artist under the Program is up to one thousand eight hundred dollars ($1,800.00) as a reimbursement for eligible expenses. Except as specifically provided herein, the Beneficiary/Artist shall be solely responsible for payment of any taxes imposed as a result of this Agreement. b. Award Disbursement. i.Reimbursement Request. On a monthly, or no less than quarterly basis during any quarter in which artistic and cultural support is completed, Beneficiary/Artist shall submit reimbursement request(s) in a format acceptable to the City (Exhibit 5)with supporting documentation including, but not limited to, invoices or reports demonstrating expenses for which reimbursement is sought. ii.Effect of Award. Other than as specified, Beneficiary/Artist relinquishes the right to any financial proceeds in association with City’s use or reproductions of the PROJECT. iii.Payment. Payment shall be made by City within thirty (30) calendar days after receipt and approval by the appropriate City representative of the invoice. iv.No waiver. Payment for any reimbursement shall not constitute a waiver by the City of any remedies it may have for any breach of this Agreement by the Beneficiary/Artist. v.Tax implications. Grant funds may be taxable. Please consult your financial advisor/tax professional for guidance. If it is required by the IRS, a 1099 form will be issued to the Beneficiary/Artist. 2. Scope and Performance.Beneficiary/Artist agrees to create and install artwork or produce an event as specified in Exhibit 3 “Beneficiary/Artist’s Application” which is attached and incorporated herein. Such scope is hereinafter referred to as “PROJECT.” a. Prior to scheduling the installation or production, Beneficiary/Artist agrees to discuss the contents of the proposed PROJECTwith designated Citystaff to address necessary Council approvals, coordination with affected City departments, compliance with affected City regulations such as signage or event permits, materials to be used, and/or documentation of agreements with Beneficiary/Artist partners such as private property where the PROJECT will be presented. These discussions may result in revision of the PROJECT as proposed. b. The final design will be provided to the City’s Municipal Arts Commission for review, request for further revision as needed, and final confirmation prior to installation or production of the PROJECT. PAGE 3 OF 15 c. Beneficiary/Artistwill be responsible for installing the PROJECT in its approved design at the location identified in Exhibit 3. d. Beneficiary/Artist agrees to create and install PROJECT no later than December 15, 2024. 3. Installation on Private Property a. According to the Application (Exhibit 3), The PROJECT will be displayed or produced at Hazelwood Elementary School, which is not owned and/or operated by the City. b. As noted in Section 2.a of this Agreement, Beneficiary/Artist will provide the City with documentation of the property owner’s agreement to host the PROJECT including submission of all necessary permit applications to effectuate the PROJECT. Nothing in the Agreement is intended to, nor should be construed to, act as a guarantee that an application for a permit will be granted. c. Beneficiary/Artist agrees to inform the private property owner(s) of the obligation to consult with City’s Community & Economic Development Administrator prior to any removal or alteration of the PROJECT. d. City may, at its own discretion, cooperate with the private property owner and Beneficiary/Artist in the case private property owner has reason to remove or alter the PROJECT in the future, or if the PROJECT is impacted by wear, vandalism, damage, or other reason, to restore or relocate the PROJECT as necessary. 4. Beneficiary/Artist’s Grants and Representations: a. Delivery of PROJECT to City constitutes Beneficiary/Artist’s certification that: i. PROJECT is the original work of Beneficiary/Artist; ii. To the extent others contributed to the PROJECT, Beneficiary/Artist assumes all responsibility and liability for any claims of right to the PROJECT by such others; iii. Beneficiary/Artist owns all rights to PROJECT, including having obtained any rights that Beneficiary/Artist did not originally possess; and iv. if PROJECT contains recognizable images of particular persons, Beneficiary/Artist has obtained appropriate releases. b. Beneficiary/Artist acknowledges that, except for PROJECT to which section 3 of this Agreement applies, the PROJECT will be displayed on City-owned property at [insert address/location] at the discretion of the City. The City retains all right to remove, maintain, restore, relocate, or otherwise alter the PROJECT in the future for any reason. c. Beneficiary/Artist grants to City a non-exclusive license to graphically and electronically reproduce PROJECT, while on display, for any and all future publicity endeavors conducted by City, provided that any such reproduction is credited to Beneficiary/Artist by name. City may use the Beneficiary/Artist’s photograph, other likeness, or biography in connection with the use of PROJECT. PAGE 4 OF 15 5. Final Report: Together with the final reimbursement request, and in a format acceptable to the City (Exhibit 6), Beneficiary/Artist shall submit a final report detailing outcomes related to budget, activities, objectives, and attendance as first described in the Beneficiary/Artist’s application for the Grant. 6. Scope ofEligible Expenditures: Grant funds disbursed under this Agreementshallonly be used to pay or reimburse eligible expenses as described in the Criteria (Exhibit 1) and in the “Program Call for Applications” (Exhibit 2) a. Reimbursement Defined. “Reimbursement” means grant disbursement to Beneficiary/Artist upon receipt by the City of invoices and documentation demonstrating eligible expenses. b. No Duplication of Payment. No grant funds may be used to pay or reimburse costs for expenditures for which Beneficiary/Artist has received any other funding, whether state, federal or private in nature, for that same expense. 7. Beneficiary/Artist Responsibilities. a. False Statement.The Beneficiary/Artistunderstandsand acknowledges that providing false information in the Application or on any documents submitted to the City or its designees as part of the Beneficiary/Artist’s participation in the Program may constitute fraud, justifytermination of this Agreement, trigger the Beneficiary/Artist’s obligation to return funds, and may be subject to civil and/or criminal penalties and/or sanctions. b. No Employee Relationship. The Beneficiary/Artist understands and acknowledges that neither the Beneficiary/Artist nor any officer, employee or agent of the Beneficiary/Artist shall be considered to be an employee of the City, nor entitled to any benefits accorded City employees, by virtue of the services provided under this Agreement. The City shall not be responsible for assuming the duties of an employer with respect to the Beneficiary/Artist or any employee of the Beneficiary/Artist. c. Non-discrimination.During the performance of this Agreement, the Beneficiary/Artist shall comply with all federal and state nondiscrimination laws, including but not limited to, chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq., the Americans with Disabilities Act (ADA). In the event of the Company’s noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this Agreement may be rescinded, canceled, or terminated in whole or in part. d. Sole proprietorship or Individual. If the Beneficiary/Artist is a sole proprietorship or if this Agreement is with an individual, the Beneficiary/Artist agrees to notify the City and complete any required form if the Beneficiary/Artist retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Beneficiary/Artist’s failure to do so. 8. Insurance: Beneficiary/Artist shall secure and maintain: PAGE 5 OF 15 a. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. b. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. c. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. d. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Beneficiary’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. e. Beneficiary/Artist shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Beneficiary/Artist liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Beneficiary/Artist to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. f. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the PROJECT. g. Beneficiary/Artist shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 9. Records: Maintenance, Access, Disclosure. a. Records Maintained. Beneficiary/Artist shall maintain all records and accounts with respect to all matters covered by this Agreement, including personnel, property, financial, and programmatic records and documents. b. Retention Period. These records shall be maintained for as long as may be required by applicable Washington State records retention laws, but in any case for a period of six (6) years after all funds have been expended or returned to the City, whichever is later, to ensure proper accounting for all funds and compliance with the Agreement. c. Litigation or Audit. If any litigation, claim or audit is started before the expiration of the six (6) year period provided in Section 4(b) above, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. d. Right of Access. The City, or its authorized representatives, shall have the right of access to records (electronic and otherwise) of Beneficiary/Artist in order to conduct audits or other investigations. e. Subject to Disclosure. Beneficiary/Artist acknowledges that records may be subject to disclosure under the Public Records Act, Ch. 42.56 RCW. i. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Beneficiary/Artist shall make a due diligent search of PAGE 6 OF 15 all records in its possession or control relating to this Agreement and the PROJECT, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. ii. In the event Beneficiary/Artist believes said records need to be protected from disclosure, it may, at Beneficiary/Artist’s own expense, seek judicial protection. Beneficiary/Artist shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Beneficiary/Artist has responsive records and for which Beneficiary/Artisthas withheld records or information contained therein, or not provided them to the City in a timely manner. iii. Beneficiary/Artist shall produce to the City for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 10. Publications.Any publications produced with funds from this Agreement must display the following language: “This project is being supported, in whole or in part, by a grant from the City of Renton.” 11. Disclaimer by the City.The City expressly disclaims any and all responsibility or liability to Beneficiary/Artist or third persons for the actions of Beneficiary/Artist or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this Agreement or any other losses resulting in any way from the performance of the Agreement, or any subcontract thereto. This Agreement does not in any way establish an agency relationship between or among the City and/or Beneficiary/Artist. 12. Expenses Incurred in Excess of Program Award Funds. Beneficiary/Artist acknowledges that any expenses incurred in excess of Program Award Funds are the Beneficiary/Artist’s sole responsibility and will not be paid by the City. 13. Repayment of Funds. If any funds provided to Beneficiary/Artist were used in a manner that is not consistent or allowable as outlined in this Agreement, Beneficiary/Artist shall return funds to City in the amount determined to be ineligible. Beneficiary/Artist further agrees that it is financially responsible for and will repay the City any and all indicated amounts following an audit exception which occurs due to Beneficiary/Artist’s failure, for any reason, to comply with the terms of this Agreement. This duty to repay the City shall not be diminished or extinguished by the termination of the Agreement. 14. Termination.The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Beneficiary/Artist in writing. PAGE 7 OF 15 In the event of such termination or suspension, Beneficiary/Artist waives any right to un- distributed portions of the award. 15. Conflict of Interest. a. Beneficiary/Artist designees, agents, members, officers, employees, consultants, and any other public official who exercises or who has exercised any functions or responsibilities with respect to the Program during his or her tenure, or who is in a position to participate in a decision-making process or gain inside information with regard to the Program, are barred from any interest, direct or indirect, in any grant or proceeds of the Program, or benefit there from, which is part of this Agreement at any time during or after such person's tenure. b. The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Beneficiary/Artist shall not give a gift of any kind to City employees or officials. c. Beneficiary/Artist also confirms that Beneficiary/Artist does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Beneficiary/Artist, negotiating or administering this Agreement, or evaluating the Beneficiary/Artist’s performance of the Work. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jessie Kotarski Economic Development Manager CED/City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057 Phone: (425) 430-7271 Email: jkotarski@rentonwa.gov BENEFICIARY/ARTIST Teasessa Chism PTSA Hazelwood Elementary 7100 116th Ave SE Newcastle, WA 98056 Phone: (206) 795-3594 Email: teaessaco@hazelwoodptsa.org 17. Waiver/Conflict of Terms. a. Any waiver by the Beneficiary/Artist or the City of the breach of any provision of this Agreement by the other party will not operate, or be construed, as a waiver of any PAGE 8 OF 15 subsequent breach by either party or prevent either party from thereafter enforcing any such provisions. b. In the event of any inconsistencies between Beneficiary/Artist proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Beneficiary/Artist- prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. 18. Modification. This Agreement may only be amended by written agreement signed by both Parties. 19. Conflicts. In the event of any inconsistencies between Beneficiary/Artist proposals or Beneficiary/Artist-prepared exhibits and this Agreement, the terms of this Agreement shall prevail. 20. Severability. 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 that can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of the Agreement are declared severable. 21. Governing Laws.Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King City Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King City, Washington, or its replacement or successor. Beneficiary/Artist hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Beneficiary/Artist is a foreign corporation not registered with the State of Washington. 22. Indemnification. To the maximum extent permitted by law, Beneficiary/Artist shall, at its cost and expense, protect, defend, indemnify, and hold harmless the City, its directors, officers, employees, and agents, from and against any and all demands, liabilities, causes of action, costs and expenses (including attorneys’ fees), claims, judgments, or awards of damages, arising out of or in any way resulting from the acts or omissions of Beneficiary/Artist, its directors, officers, employees, or agents, relating in any way to Beneficiary/Artist’s performance or non-performance under the Agreement. Beneficiary/Artist agrees that its obligations under this paragraph extend to any demands, liabilities, causes of action, or claims brought by, or on behalf of, any of its employees or agents. For this purpose, Beneficiary/Artist, by mutual negotiation, hereby waives, as respects the Cityonly, any immunity that would otherwise be available against such claims under any industrial insurance act, including Title 51 RCW, other Worker’s Compensation act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. These indemnification obligations shall survive the termination of the Agreement. 23.Complete Agreement.This Agreement sets forth the complete expression of the agreement between the Parties, and any oral representations or understandings not incorporated herein are excluded. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Exhibits 1-Renton Municipal Arts Commission Grant Program -Application Criteria2 -Renton Municipal Arts Commission Grant Program -Call for Applications 3 -Renton Municipal Arts Commission Grant Program -Beneficiary/Artist's Application4 -Renton Municipal Arts Commission Grant Program -Projects Awarded 5 -Renton Municipal Arts Commission Grant Program -Reimbursement Request Form6 -Renton Municipal Arts Commission Grant Program -Final Report Form IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:.=­Gina Estep CED Administrator 2/20/2025 Date Approved as to legal form: M.Patrice KentSr. Assistant City Attorney BENEFICIARY By: J'-" 4c.,t1JQe,. tk ._ Teaessaco@hazelwoodptsa.org PTA Date Grant Template: 01.15.2025 (File# 3264 -Award Ref #:_3285 __ ) PAGE 9 OF 15 Approved by Patrice Kent via email 1/27/2025 PAGE 11 OF 16 EXHIBIT 1: RENTON MUNICIPAL ARTS GRANT PROGRAM APPLICATION CRITERIA PAGE 12 OF 16 EXHIBIT 2: RENTON MUNICIPAL ARTS GRANT PROGRAM CALL FOR APPLICATIONS PAGE 13 OF 16 EXHIBIT 3: RENTON MUNICIPAL ARTS GRANT PROGRAM BENEFICIARY/ARTIST’S APPLICATION Give details here. Artistic Administration Technical Other Supplies/Materials Promotion/Printing Postage Artistic Services Other Professional Services Space/Equipment Rental Travel/Transportation Other Angelina Villablobos is a community artist focusing on murals. Her previous work and bio can be found https://www.angelinavillalobos.com/ The Hazelwood PTSA is part of the Renton School district. This mission of ’the PTSA’s is to make an impact in the lives of every student. We do that by engaging and empowering families through advocacy, community building, and enriching the education of our students. Join the PTSA or sign up for our newsletter to stay in-the-know. The PTSA website is a resource provides an overview of the organization and sponsored events. https://www.hazelwoodptsa.org/ PAGE 14 OF 16 EXHIBIT 4: RENTON MUNICIPAL ARTS GRANT PROGRAM PROJECTS AWARDED PAGE 15 OF 16 EXHIBIT 5: RENTON MUNICIPAL ARTS GRANT PROGRAM REIMBURSEMENT REQUEST FORM Recipient name Mailing address Contract No. Date Invoice # Description Artistic/ Administration Supplies Event Misc Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Totals $ $ $ $ $ Completed Final Report Attached IRS Form W9 Amount requested $ Signature Printed name RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM Reimbursement Request Form Attached supporting documentation for expenses to demonstrate, by date, expenses were incurred following the execution of the contract and no later than December , 202 . Sufficient documentation includes: PAGE 16 OF 16 EXHIBIT 6: RENTON MUNICIPAL ARTS GRANT PROGRAM FINAL REPORT FORM Renton Municipal Arts Commission Renton City Hall 1055 South Grady Way Renton WA 98057 Exhibit 6 RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM Final Report Form Organization Name: Mailing Address: Contact Name: Contact Phone: Contact E-mail: Reimbursement amount request: Project start date: Project end date: Briefly describe the outcome of your project including benefits to the public (. free public performances, exhibitions, workshops, screenings, or readings; scholarships to ongoing, fee-based arts educational or training programs or accommodations made to expand access and inclusion to individuals with limited physical or English-speaking abilities). Estimate (or provide direct counts for ticketed events) the number of participants involved in the project: Describe promotional efforts for this project. Attach schedule of activities; reports and publications; copies of printed publicity, programs, newspaper clippings; or photos. Note: These attachments are necessary to document that the project was completed as stated in your application. A requirement of the grant contract is to show that the "credit line" for support from the Renton Municipal Arts Commission used in publicity.