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HomeMy WebLinkAboutContract2025 GRANT BENEFICIARY/ARTIST AGREEMENT WITH ENCANTO ARTS RENTON MUNICIPAL ARTS COMMISSION GRANT PROGRAM THIS AGREEMENT, dated for reference purposes only as 9/9/2025, is by and between the City of Renton (the "City"), a Washington municipal corporation, and Encanto Arts ("Beneficiary/Artist"), a Washington State 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 September 2, 2025, 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-25-349 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 five thousand dollars ($5,000.00) 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 PROJECT with designated City staff 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 2 OF 15 c.Beneficiary/ Artist will 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. 4. a.According to the Application {Exhibit 3), The PROJECT will be displayed or produced at Carco Theatre, 1717 Maple Valley Hwy, Renton which is not operated by the City or a public entity. 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. 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 Carco Theatre 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 3 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 of Eligible Expenditures: Grant funds disbursed under this Agreement shall only be used to pay or reimburse eligible expenses as described in the Criteria (Exhibit l) 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/ Artist understands and 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, justify termination 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: PAGE40F 15 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 Criteria 2 -Renton Municipal Arts Commission Grant Program -Call for Applications 3 -Renton Municipal Arts Commission Grant Program -Beneficiary/Artist's Application 4 -Renton Municipal Arts Commission Grant Program -Projects Awarded 5 -Renton Municipal Arts Commission Grant Program -Reimbursement Request Form 6 -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 9/18/2025 Date Approved as to legal form: M. Patrice Kent Sr. Assistant City Attorney BENEFICIARY By:_�_--=----­ Jose Iniguez President 9/18/2025 Date Grant Template: 01.15.2025 (File# 3264 -Award Ref #:3569 ) PAGE 9 OF 15 Approved by Patrice Kent via email 9/17/2025