HomeMy WebLinkAboutContract4CULTURE PAGE 1
GRANT INFORMATION
CONTRACTOR INFORMATION
City of Renton
Chip Vincent
CED Administrator
1055 S Grady Way, 6th floor
Renton, Washington 98057
(425) 430-6581
Your Contract #: 122359A
Arts Sustained Support - 1750
Motion #: 2022-20
PROGRAM INFORMATION
Attached is your Contract with 4Culture for $13,225.00 for the 2022 Arts Sustained Support project.
The contract starts on 01/01/22 and ends on 12/31/23.
For questions, contact Bret Fetzer at bret.fetzer@4culture.org or (206) 263-1599.
SCOPE OF SERVICE
City of Renton and 4Culture, the Cultural Development Authority of King County, mutually agree
that the following services be provided in accordance with the application submitted to and
approved by the 4Culture Board.
Support for 2022 Programs, including events or activities with actual expenses in excess of the
amount of this organization's Arts Sustained Support award, occurring between Jan 1 and Dec 31
of this year, and which are open and publicized to the community. Funds are provided on a cost
reimbursement basis, including any overhead, personnel, rent, insurance, and related operating
expenses necessary as part of the production of activities and experiences supported by this
award.
Payable upon completion of events or activities that fulfill the requirements above and submittal of
an invoice, including documentation regarding:
Final project budget, actual
Samples of programs, brochures, or other marketing materials featuring the 4Culture logo,
if available
Photos of the event, if available
Final payment will not be made until acknowledgment is submitted
4CULTURE PAGE 2
PUBLIC BENEFIT
The Renton Municipal Arts Commission’s grant program offers grants to individuals, organizations
and community groups for arts and culture projects and events that serve the public in Renton;
encouraging innovative projects by artists and communities that showcase cultural diversity,
increase understanding, and inspire new forms of creative participation and opportunities for
growth, particularly for under-served groups with grant awards that range from $500 to $10,000.
Eligibility for grant funding requires applicants to illustrate how their project provides free public
performances, exhibitions, workshops, screenings, or readings or scholarships to ongoing, fee-
based arts educational or training programs.
CONTRACTOR INSTRUCTIONS
Please electronically sign this Contract within two weeks of receipt and return any required
enclosures. You will not be able to make changes to this Contract. If there is an error in the
document, or if you need to request changes in your Scope of Service or other items, please
contact your Program Manager listed above.
1.Services – Please review the information, Specific Scope, and Public Benefit sections above
carefully. These explain the services you are agreeing to provide in accordance with the
application you submitted to 4Culture.
2.Enclosures – Please complete any required enclosures and provide them to 4Culture.
Please view our contract enclosure instructions (see step 3) to download fillable forms and
get instructions on where to upload your documents.
a. Items to be returned at the time you sign the contract:
IRS Form W-9
b.At the time you are requesting payment, you will need to provide appropriate
documentation such as an interim invoice, final invoice, evaluation, or digital
photos. Please review your specific grant program requirements at 4Culture’s
website: Manage Your Award.
3.4Culture Logo – For details of the requirements for acknowledging 4Culture support,
please refer to Section I, C. of the contract. The 4Culture logo is available for download in
PDF, EPS, and Jpeg formats.
Promote your 4Culture funded project using our Media Kit. Find out what’s required, what
you can do, and how we can help.
4.Signature – Follow the link in the e-mail message - you will be walked through a few simple
steps to read and sign the contract at Conga Sign. A copy of the Contract will be e-mailed
to you as a PDF after it has been signed by 4Culture’s Executive Director.
4CULTURE PAGE 3
AGENCY SERVICES CONTRACT
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 the Contractor as named on the
attached Contract Information Sheet. The Contractor is an art, cultural, preservation or
historical organization or specialist identified by 4Culture as qualified to receive funds
pursuant to King County Code Sections 2.48 and 4.40 and RCW 67.28.180 and as
hereinafter may be amended. The 4Culture Board of Directors approved providing funds
for this project in the motion referenced in the Contract Information Sheet.
4Culture desires to provide funds with which the Contractor shall render certain services to
King County citizens. Such services are for the benefit of King County citizens and are
provided by museums, performing arts experiences, heritage services and preservation
activities and are consistent 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
seq. 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 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:
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set
forth hereinafter and in the Grant Information cover sheet.
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B. Purchase of Services. Funds awarded under this Agreement shall be used
solely to reimburse the Contractor for expenses incurred solely in accordance with the
Project Proposal and Budget made by the Contractor, and the final agreed upon Specific
Scope of Services identified by 4Culture. The work described generally by the Project
Proposal and Budget and more specifically by the Specific Scope of Services, including an
identified Public Benefit shall hereinafter be referred to as the “Project”.
C. Contractor agrees to acknowledge 4Culture support in all marketing and
promotional materials, websites, brochures, press releases, advertisements, signage and
other related materials during the period this contract is in force, with the credit line “this
project was supported, in part, by 4Culture/King County Lodging Tax”, and/or by the use of
the 4Culture logo.
D. The Contractor agrees to notify 4Culture whenever possible in advance of any
public benefit Project activities.
II. DURATION OF CONTRACT
This Agreement shall commence and terminate on dates noted on the Contract
Information Sheet. 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 services contracted for and
otherwise fulfilling all other requirements specified in this contract in an aggregate
amount indicated on the Contract Information Sheet.
B. Contractor shall submit an invoice and any reports required, not more than 30
days after the completion of each specified phase identified there. 4Culture will initiate
authorization for payment after approval of corrected invoices and reports. 4Culture shall
make payment to the contractor not more than 60 days after an approved invoice is
received.
C. Contractor shall submit its final invoice and all outstanding evaluations, reports
and deliverables within 30 days of the date this Agreement terminates. If the contractor’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 contractor of the amounts set forth in said
invoice or any subsequent invoice.
4CULTURE PAGE 5
D. If the Contractor fails 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
If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner
its obligations under this Agreement or if the Contractor shall violate any of its covenants,
agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and
withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall
submit written notice to the Contractor describing such default or violation. 4Culture shall
not so terminate this Agreement if 4Culture determines that Contractor has, within twenty
(20) days of the date of such notice, fully corrected such default or violation.
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel,
property, financial, insurance 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.
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.
4CULTURE PAGE 6
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 42.56
(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, solely for non-
commercial publicity and marketing purposes. 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. 4Culture
will not use, license, distribute or gift any of Contractor’s work, material, article or method
for profit.
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.
4CULTURE PAGE 7
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.
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 4.24.115, 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.
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.
4CULTURE PAGE 8
X. CONFLICT OF INTEREST
A. 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.
B. 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.
XI. INSURANCE REQUIREMENTS
A. Contractor shall procure, at its sole cost and expense, Commercial General
Liability 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. Each policy shall be written on an
"Occurrence" basis.
B. Minimum Scope of Insurance shall be Insurance Services Office form number
(CG 00 01 Ed. 11-88)—Minimum Combined Single Limit of $1,000,000 BI & PD with a
General Aggregate per project.
C. 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.
4CULTURE PAGE 9
D. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability Policies
a.) 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.
b.) 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.
c.) 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.
2. All Policies
a.) 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.
E. 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.
F. 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.
4CULTURE PAGE 10
XII. NONDISCRIMINATION
A. 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.
B. 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.
4CULTURE PAGE 11
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. Notwithstanding the foregoing, subject
to RCW 4.84.330, if either Contractor or 4Culture is the prevailing party in any action to
enforce the provisions this Agreement, then such prevailing party shall be entitled to
reasonable attorneys' fees in addition to costs and necessary disbursements.
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:
2/22/2023
Brian J. Carter
Executive Director
2/8/2023
CED Administrator
Chip Vincent