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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
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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:
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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.
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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.
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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
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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
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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
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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.
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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~
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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.
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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
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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:
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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
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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:
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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,
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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.
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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.
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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
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