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HomeMy WebLinkAbout4735 1 2 3 4 5 6 7 8 9 10, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 7 3 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF TEN THOUSAND AND 00/100 DOLLARS, ($10,,000.00), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM THE KING COUNTY DEPARTMENT OF PARKS, PLANNING AND RESOURCES, FOR LATE NIGHT AND AFTER SCHOOL PROGRAMS. WHEREAS, must adopt and approve all appropriations by pursuant to Chapter 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 8motion 1. Pursuant to Chapter 35A.33 RCW the City hereby approves the expenditure and appropriation of a total amount of TEN THOUSAND and 00/100 DOLLARS ($10,000.00), which constitutes a grant pursuant to the Agreement between the City of Auburn and the King County Department of Parks, Planning and Resources. Section ~. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute King County Contract #D21486D, which will provide grant funding to the City of Auburn for use by the City to provide late night and after school programs within the City of Auburn. A copy of said Program Contract is attached hereto and designated Exhibit A and is incorporated by reference in this Ordinance. the Auburn City Council of the City of Auburn Ordinance Ordinance No. 4735 March 22, 1995 Page I 1 2 3 4 5 6 ? 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Seotion 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Seotion 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: ~nolds, Acting City Attorney Published: /~//~/~"~ Ordinance No. 4735 March 22, 1995 Page 2 King. CoUnty Contract NO. D21486D Federal Taxpayer ID No. Department/Division Agency Project Title Contract Amount $ Contract Period PPR/Parks Cit~ of Auburn Parks & Recreation Department Youth Programs ]0.000.00 Fund Code 0010 From: 1/1/95 To 12/31/95 THIS CONTRACT is entered into by KING COU~I"~ (the "County"), and whose address is __ 25 W. M~in (the "Agency"). Auburn, WA 98001 Cit'~ of Auburn Parks & Recreation Dept. WHEREAS, the County has been advised that the following are the current funding sources, fUnding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $10,000.00 1/1/95 to 12/31/95 FEDERAL to Federal Catalogue No. STATE to to TOTAL and WHEREAS, the County desires to have certain services performed by~A~%g~ as described within this Contract, and as authorized by Ordinance NO~ NOW, THEREFOP. E, 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 Services 95 The Agency shall provide services and comply with the requirement~l set forth hereinafter and in the following attached exhibits which are incoz~orated herein by reference: Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit At=ached hereto as Exhibi~ Attached hereto as Exhibit Attached hereto as Exhibit II. DURATION OF CONTRACT This Contra~ct shall commence on the 1st day of January , 19~_, and shall terminate on the 31stday of December , 1995_, unless ex~ended or termioated earlier, pursuant to the terms and conditions of the Con~raot. The County shall reimburae.~he A~ency for satiefaetory completion of the services and requirements Specifie~-i~ thisCo~fact, parle .in the following manner: Upon receipt of Invoice(s). Bo The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than working &lys after the close of each indicated reporting period. Th~ County will initiate authorization for pa~men= after approval of corrected invoices end reports. The County shall make payment to the A~ancy nsc more than forty-five (45) days after the appropriate invoice is received. The Agency shall submi~ its final invoice an~ all outsta~4-g reports within __ days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Agency of the amounts sat forth in said invoice or any subsequenu invoice. AG Services 95 10/94 2 IV. VI. VII . When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County for amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. INTERNAL CONTROL A/{D ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounti~ and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards. MAINTENANCE OF RECORDS The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. If the Agency receives a total of $25,000 or more in federal financial. assistance during .its fiscal year, from the County, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental Organizations, Programs, Activities, and Functions; and OMB Circulars A- 133 and A-128, as amended, and as applicable. Agencies receiving federal funds from more than one County department or division shall be responsible for determining if the combined financial assistance is equal to or greater than $25,000. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to ~he County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made ]Dy the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan. AG Services 95 10/94 If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VII(A). VIII. IX. EVALUATIONS AND I~SDECTIONR The Agency shall provide right of access to its facilities, including those of any subcontractor to the County, the state, end/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The Count}, will give advance notice to the Agency in the case of fiscal audits to be conducted by the County. The records end documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the county end/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is r~quired by law. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this'Contract and to make available all information reasonably required by eny such evaluation process. The results end records of said evaluations shall be maintained and disclosed in accordance with' RCW Chapter 42.17. If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terr~s or conditions of this Contract or the Agency has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Agency in writing of the nature of the breach; The Agency shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct uhe specified deficiencies. The corrective action plan shall specify the proposed completion date for briD~ing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing en extension in the number of days to complete the corrective actions; C. The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action AG Services 95 10/94 4 plan. The determination of sufficiency of .the Agency's corrective plan shall be at the sole discretion of the County; In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the Comity may commence termination of this Contract in whole or in part pursuant to Section XI(B); In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been take]~ or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, subsections A, B, C, D, and E. ASSIGNMENT/SUBCONTRACTING The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. ,'subcontract" shall mean any agreement between the Agency and a subcontractor or between subcontractors that is based on this Contract, ~ that the term "subcontract" does not include the purchase of (i) support services not related to the subject matter of this Contract, or (ii) supplies. This Contract may be terminated by the County without cause, in whole or in part, at any time, providing the Agency thirty (30) days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI(B) (1), the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. If expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section II, the AG Services 95 10/94 5 C~unty may, upon written noti'fication to the Agency, terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Shouldsuch appropriation not be approved, this Contract will terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7) days writ:ten notice, should the County commit any material breach of this Contract. Nothing herein shall limit, waive, or extinguish any right or :remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. xz~. ~ The County makes no commitment to support the services Contracted flor herein and assumes no obligation for future support of the activity Contracted herein except as expressly set forth in this Contraotl XIII. HOLD ~L~ML~SS AND INDEMNIFICATION Ao In providing services under this Contract, the Agency is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible 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 and shall make no. claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The ~ency shall protect, indemnify, and save harmless the County and the .State of Washington, (when any funds for this Contract are provided by ti~e State of Washington), their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. B. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception AG Services 95 10/s~ 6 which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This d~ty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. The Agency shall protect, defend, indemnify, and save harmless the County, and the State of Washington (when any funds for this Contract are provided by the State of Washington), their officers, e~ployees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the ~]ency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgement, award, and/or cost arising therefrom including attorney's fees to enforce the provisions of this .article, all such fees, expenses, and costs shall be recoverable from the Agency. The County will protect, defend, indemnify, and save harmles~$ the Agency, its-officers, employees, and agents from any and all costs, claims, judgements, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Col/nty, its officers, employees, or agents. The County agrees that the obligation to indemnify, defend, and hold harmless the Agency and its agents and employees under this subparagraph extends to any claim, demand, or cause of action brought by or on behalf of any employee of the County, against the Agency, its officers, agents, or employees and includes any judgement, award, and cost arising therefrom, including attorney's fees. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against: claims for injuries to persons or damages to property which may arise from, or in connection with, the perforr~ance or work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. AG Services 95 10/9~ 7 E~ch ~n'sura~ce policy shall be written.on an "occurrence,, form; excep6 that'insurance on a "claims made form acceptable with prior Cowry approval, may be If coverage is approved and purchased on a "Claims made,, basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery Period, if Such extended COverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made,, form to an "occurrence,, COVerage form. Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (C~ 00 01 Ed. 11-$8) covering 2. Professional Liability: Professional Liability, Errors, and Omissions COVerage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or reqUire professional services, Professional Liability, Errors, and Omissions coverage shall be provided. "Professional Services., ~or the purpose of this Contract section, shall mean any services provided by a licensed professional. 3. Automobile Liability: In the event that services delivered pursuant to this Contract involve the transportation of clients by Agency personnel in Agency- owned vehicles or non-owned vehicles, the A~ency shall provide evidence of the appropriate automobile COVerage. Insurance Services Office form number (CA 00 01 Ed. 12-90) covering ~USI~S AUTO c~%~smu, symbol I "any auto.; or the appropriate coverage provided by symbols 2, 7, s, or 9. 4. Workers, Compensation: Workers, Compensation COverage, as required by the Industrial Insurance Act of the State of Washington, as well as any similar cOVerage required for this Work by applicable federal or "0tber States. state law. C. Minimum L~m~ts of In~u~sn~ kG SerVices 95 ~0/94 General Liability: $ combined single limit per occurrence b7 bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $__ aggregate limit. Professional Liability, Errors, and Omissions: $ Automobile Liability: $ combined single limit per accident for bodily injury and property damage. Workers' Compensation: Statutory requirements of the state of residency. D. Deductibles and Self-Insured Retentions A/ly deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other In~uran~ Provis~on~ The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. General Liability Policies The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities perfoz~ned by or on behalf of the Agency in corinection with this Contract. To the extent of the Agency's negligence, the Agency's insurance coverage shall be pri~ary insurance as respects the County, its officers, officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. The Agency'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. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. AcceDtabflitv of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. A~y exception must be approved by King County. AG Services 95 If, at any time, the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall sUbmit the same to the County, with appropriate certificates and endorsements, for approval. Verification of Coverag~ The Agency shell furnish the County with verification of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. The Agency shall include all subcontractors as insureds under :[ts policies or shall furnish' separate certificates of insurance ~%d policy endorsements for each subcontractor. Insurance coverages provided by subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. Municipal or State If the Agency is a Municipal cor~oration or an Agency of the St;ate of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and the Agency agrees to abide by all the conditions of said Chapters. Failure by the Agency to comply With any requirements of these ~-pters shall be a material breach of Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical handicap in tlhe employment or application for employment, in the administration or delivery of services, or any other benefits under this Con=tact. The Agency shall comply fully wi~h all applicable federal, state, and local laws, ordinances, executive orders, and regulations which AG Services 95 10/94 10 prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of t964. If the Agency fails to comply with King County Code Chapter 12.16, such failure shall be deemed a violation of this Chapter and a material breach of this Contract~ Such breach shall be grounds for cancellation, termination, or suspension of this Contract, in whole or in part and may result in the agency's ineligibility for further County contracts. During the performance of the Contract, neither the Agency nor any party su]Dcontracting %~nder the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages, or other privileges of employment; emplo~nent Agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; employer, employment Agency, or labor organization to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; employment Agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; employer, employment Agency, or a labor organization to retaliate against any person because this person has opposed any practice forbidden by King County Code Chapter 12.18 or because that person has made a charge, testified, or assisted in mny manner in any investigation, proceeding, or hearing initiated under the provisions of King County Code, Chapter 12.18; publisher, firm, corporation, organization, or association printing, publishing, or circulating any newspaper, magazine, or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of King County Code Section 12.18.030 C., or to segregate and separately designate advertisements as applying only to men and women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise, or emplolanent, %~less based upon a bonafide occupational qualification; and/or 7. employer to prohibit any person from speaking in a language other than English in the workplace unless: AG Services 95 10/94 11 a. the employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. the employer informs employees of the requirement and the consequences of violating the rule. If the Agency engages in unfair employment practices, as defined above, remedies as set forth in King County Code 12.18 shall be applied. C. Affirmative Action Renortfna The Agency entering into a Contract or agreement with King County valued at $5,000 or more shall submit to the County Executive a total personnel inventory employment profile providing minority, female, and handicap employment data. The Agency shall complete the employment profile form provided by the County and attach the completed form to this Contract. The Agency entering into a Contract with King County valued at more than $10,000, or Contracts which in the aggregate have a value to the Contractor of more than $10,000, shall submit an affi~tvit of compliance in the form provided by the County, demonstrating its commitment to comply with the provisions of King County Code, Chapter 12.16 ........... The Agency shall complete the affidavit of Compliance prov~dedby this Contract. If this Contract continues for longer th~n one year, a new affidavit will be submitted at the beginning of each year. The Agency shall complete a Disability Self Evaluation Questionnaire regarding its ability to provide programs and services to persons with disabilities mandated by Section 504 of the Rehabilitation Act of 1973 (504), as amended, end the Americans with Disabilities Act of 1990 (ADA). The Agency will prepare a Corrective Action Plan for the structural and/or programmatic changes necessary at its premises for compliance with Section 504 and the ADA. The Agency s~mll return a ~ Disability Assurance of Co~pliance form and the Corrective Action Plan with the Contract. The Disability ;~surance of Compliance form end the Corrective Action Plan must be reviewed by the King County Office of Civil Rights and Compliance before the Contract will be signed. Please note that if the Agency has previously submitted the Disability Assurance of Compliance form and Corrective Action Plan to the County, it is exempt from filing the Disability foz~ for this current Contractual year, pro¥ided the Agency ia in the same location. In this instance, the Agency will attach a g=~X of the original signed A~surance of Compliance form affirming con~:inued efforts to comply with Sections 504 and the ADA. 4. The Agency will complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where AG Services 95 10/94 12 applicable) provided by the County and will otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. D. Minority and Women's Business Entergrises King County Code Chapter 4.18 is incorporated by reference as if fully set forth herein and the Agency agrees to abide by all the conditions of said Chapter. Failure by the Agency to comply with any requirements of this Chapter shall be a material breach of contract. 1. During the term of this Contract, the Agency shall: Comply, as to tasks and proportionate dollar amount, throughout the term of this Contract, with minority/women's business utilization requirements specified in the County's request for proposal and identified in this Contract. If this Contract is awarded to a firm or individual certified by the State of Washington Office of Minority and Women's Business Enterprise (OM~BE) and recog~%ized by King .Co%u%ty as a minority or women's business, the minority/women's business set-aside provision shall not apply provided that the certified firm sba]L1 perform at least 25% of the work of this Contract itself. Request approval for any proposed substitution of minority/women's businesses. The King County Office of Civil Rights and Compliance (OCRC) will approve the substitution of a certified minority/women's business when: The minority/women's business cannot perform the necessary tasks; or (2) The minority/women's business is unwilling to perform the necessary tasks. Comply with the original Contract percentage use of ~inority business enterprises and/or women's business enterprises whenever Contract supplements, amendments, or change orders are made which affect the total dollar value of this Contract. Not engage in agreements between a responding party and a minority business enterprise and/or women's business enterprise in which said minority and/or women's business ente~)rise promises not to provide subcontracting quotations to other responding or potential responding parties. Meet the goals of this Contract for contracting with minority/women's business enterprises. Any minority/women's business enterprises associated with this Contract must be certified by the State OMWBE, recognized by King Co~=ty, and have signed a sworn statement verifying that it has been previously sought to do business within the geographic boundaries of King County prior to the time the bid or proposal is submitted. Recognition by the County of certified M/WBs is contingent on the M/WB (1) meeting the definition of a minority firm as now and hereinafter defined at KCC 4.18.010(U) (Note: AG Services 95 10/94 for the purpose of' recognition, the County's definition of Hispanic is narrower than that of OMWBS. Bidders are charged with the knowledge of the KCC 4.18 et. seq.); and (2) performing a commercially useful function as now and hereinafter defined at KCC 4.18.010(H). The determination of whether a M/WB bidder (proposer) or proposed M/WB for utilization on this Contract satisfies the County's recognition requirements shall be made by the County's OCRC. Goals for this Contract and any subsequent supplements,, changes, or amendments to it are % for minority business, and % for women's businesses, or a combined M/WB goal of __%. Minority/Women's Business (M/WB) Liquidated Damages: The County, in general, and the M/WB program, in particular, are damaged when a contract, or portion of a contract to be performed by a minority/women's business is not actually performed by a minority/women's business in compliance with King County Code, Chapter 4.18. Because the actual amount of such damage is not reasonably calculable, the par=les agree and stipulate that liquidated damages equal to the dollar value of the utilization lost to the County due to the violation, not to exceed 10% of tlhs total dollar value of the Contract, shall be the amount required to compensate the County for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and e~forcement, and other ~unages and costs caused by the violation. The Agency shall be liable to the County for such liquidated damages in the event the Agency or a subcontractor fails to perform a commercially useful function and/or operates as a broker, front, conduit, or pass-through, as defined in King County Code, Chapter 4.18. The Agency shall maintain relevant records and information necessary to document compliance with King County Code, Chapter 4.18, and the Agency's utilization of minority and women,s business in its overall public and private business activities, and shall include '=he right of the County to inspect such record. E. ~ubcontra~ts and Purchases The Agency will include this Section XV in every subcontract or purchase order for goods or services which are the subject matter of this Contract. XVI. CONFLICT OF INT~ERT The Agency covenants that no officer, employee, or a~ent of then County who exercises any functions or responsibilities in connection with the pla~.ning and implementation Of the program funded herein, or ar~ other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, AG Sez~ices 95 10/94 ~ 14 in this Contract. The Agency shall take approDriate steDs to assure compliance with this provision. If nhe Agency violates the provisions of Subsection XVI {A) or does not disclose other interest required to be disclosed pursuant to King County Code Section 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI above, as well as any other right or remedy provided in this Contract or law. XVII. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly ul%der this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XVIII.~QUIPMENT PURC~tASE. MAINTENA/~CE. ~ OWNERSHIP The Agency agrees that any equipment purchases, in whole or in part, with Contract f%u%ds at a cost of $500 per item or more, when the purchase of such equipment is rei~bursable as a Contract bu~et item, upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. The Agency will admit the County's Property Management Officer to the Agency's premises for the purpose of marking such property with County property tags. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. x~x. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and Directed to the chief executive officer of the Agency and the director/manager of the County department/division specified on page 1 of this Contract. ;%ny time within which a party must take some action shall be computed from the date that the notice is received by said party. AG $ez-vices 95 XX. ~ The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accxn/ing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant, to the County, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that ~y be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. xx~. ~ Either party may request changes to this Contract. Proposed changes which ere mutually agreed upon shall be incorporated by written amendments to this Contract. XXII. KING CO~ RECYCLED PRODUCT PROCUREMENT POLICY It is the policy of King County to use recycled materials to the maximum extent practicable (King County Code Chapter 10.16). Contractors able to supply products contraining recycled materials which meet performance requirements are encouraged to offer them in bids and proposals and to use them whenever possible in fulfillment of contracts. The Agency shall use recycle~ paper 'for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of eac~ document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Agency shall notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of pape9 sheets for copying and printing and shall use recycled/recyclable products wherever practical at the fulfillment of this Contract. XXIII.~NTIRR CONTrACT/WAIVER O~ D~FAULT The parties agree that this Contract is the complete ~xpression of the terms hereto and any oral 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 Contract. Waiver of any .default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. AG Services 95 10/94 16 XXIV. SERVICES PROVIDED IN ACCORDANCE WITW LAW AND RUL~ AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Agreement between the Department of Social and Health Services and King County #7000-60811, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. County: Agency: CITY ~ A~RN y' - Executive Date Signature CHARLES A. BOOTH Name (Please type or print) MAYOR Title (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY 1994 ATTEST: Robin Wohlhueter, Auburn City Clerk ~ Mich~ae~ J~. Reynolds, Auburn City Attorney AG Services 95 10/94 17