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ORDINANCE NO. 4 7 9 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE
AMOUNT OF TWELVE THOUSAND THREE HUNDRED AND 00/100 DOLLARS,
($12,300.00), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT
FROM KING COUNTY COMMUNITY SERVICES DIVISION FOR THE CITY OF
AUBURN YOUTH 2000 TASK FORCE.
WHEREAS, the Auburn City Council of the
must adopt and approve all appropriations
pursuant to Chapter 35A.33 RCW; and
City of Auburn
iby Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section i. Pursuant to Chapter 35A.33 RCW the
hereby approves the expenditure and appropriation of
amount of TWELVE THOUSAND THREE HUNDRED and 00/100
($12,300.00), which constitutes a grant pursuant
Contract between the City of Auburn and King
Community Services Division, Drugs:
Section 2.
Auburn are hereby
Services Contract
City
a total
DOLLARS
to the
County
Draw the Line!.
The Mayor and City Clerk of the City of
authorized to execute King County Agency
1995 which will provide grant funding to
A copy of Contract
designated Exhibit
the City of Auburn Youth 2000 Task Force for use by the City
to sponsor alcohol, drug and violence prevention events
within the City of Auburn. No. D21325D
is attached hereto and "A" and is
incorporated by reference in this Ordinance.
Ordinance No. 4794
Se~ember18,1995
Page 1
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 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.
INTRODUCED: /~- ~'
PASSED: /~)-'~'
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin WohIhuete~ '
City Clerk
APPROVED AS TO FORM:
·~eynolds,
City Attorney
Published: !o-TJ
Ordinance No. 4794
September 18, 1995
Page 2
Federal Taxpayer ID No. 91-6001.228
Department/Division DCHS/CSD/DRUGS: DRAW THE LINE!
Agency CITY OF AUBURN: PAP~KS & RECREATION
Project Title AUBURN YOUTH 2000 TASK FORCE
Contract Amount $ 12,300
Contract Period From: 7/1/95
Fund Code 2140
To 6/30/96
KING COUNTY AGENCY SERVICES CONTRACT - 1995
THIS CONTRACT is entered into by KING COUNTY (the "County"), and
CITY OF AUBURN: AUBURN PARKS & RECREATION
whose address is 25 W MAIN ST
AUBURN WA 98001
(the "Agency").
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 - Special Programs
FEDERAL $12,300 07/01/95 to 06/30/96
Federal Catalogue No.
CFDA 84.186
STATE to
to
TOTAL $12,300 7/1/95 to 6/30/96
and
WHEREAS, the County desires to have certain services performed by the Agency as
described within this Contract, and as authorized by Ordinance No 11578.
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:
AG Services 95
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Ordinance No. 4794
Exhibit "A"
1
SCOPE OF SERVICES
The Agency shall provide services and comply with the requirements set forth
hereinafter and in the following attached exhibits which are incorporated
herein by reference:
X
X
Scope of Services
Consultant Disclosure Fom (KCC 3.04)
Personnel Inventory Report (KCC 12.16)
Affidavit of Compliance (KCC 12.16)
Disability Assurance of Compliance
Certificate of Insurance
DSHS Nondiscrimination
A~ached hereto a.s Exhibit IV
Attached hereto as Exhibit
Attached hereto as Exhibit II
Attached hereto as Exhibit I
Attached hereto as Exhibit III
Attached hereto ss Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
II. DURATION OF CONTRACT
This Contract shall commence on the 1st day of July, 199~, and shall terminate on
the 30th day of June, 199~, unless extended or terminated earlier, ]pursuant to the
terms and conditions of the Contract.
III. COMPENSATION AND METHOD OF PAYMENT
The County shall reimburse the Agency for satisfactory cox~letion of the
services and requirements specified in this Contract, payable in the
following manner=
Payable monthly upon submission of required reports in accordance wi~h
terms and conditions expressed in this Contractr includin~] attached
exhibits.
Ce
The Agency shall submit an invoice and all accompanying reports as
specified in the attached exhibits not more than 10 working days after
the close of each indicated reporting period. The County will initiate
authorization for payment after approval of corrected invoices and
reports. The County shall make payment to the Agency not more than
forty-five (45) days after the appropriate invoice is received.
The Agency shall submit its final invoice and all outstan~[ing reports
within 10 days of th~ date this Contract temminates. 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 set forth in said invoice or any subsequent
invoice.
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IV.
OPERATING BUDGET
When a budget is attached hereto as an exhibit, the Agency shall apply the
£unds 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 Contre~t amount. "
Supporting documents necessary to explain fully the nature and purpose of
the amendment must accompany each request for an amendment.
iNTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and
internal controls which complies with applicable, generally accepted
accounting principles, and governmental accounting and financial
reporting standards.
M~INTENANCE OF. RECORDS
A. The Agency shall maintain accounts and records, including personnel,
property, financial, and programmatic records and other such records as
may be deemed necessar~ by the County to ensure proper accounting for
all Contract funds and compliance with this Contract.
B. These records .shall be maintained for a period of six (6) years after
termination hereof unless permission to destroy them ~s granted by the
Office of the ;%rchivist in accordance with ROW Chapter 40.14.
C. 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.
VII. AUDITS
A. If the Agency receives a total of $25,000 or more in fed.~ral financial
assistance during its fiscal year, from the County, it shall have an
independent audit conducted of its financial statement and condition~
which shall coraply with ~he requirements of GAAS (generally accepted
auditing standards); GAO's Standards for Audits of GoverLumental
Organizations, Programs, Activities, and Functions; and ()MB 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 the 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 "Manageraent Letter" or other correspondence made by the
auditor, the Agency shall, provide copies of those communications and the
Agency's response and corrective action plan.
B. If the Agency is a municipal corporation, it shall submit to the County
a copy of its annual r~port of examination/audit, conducted by the ·
Washington State Auditor, within thirty {30) days of receipt, which
submittal shall constitute compliance with subsection VII(A).
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IX. ~ORRECTIVEACTION
EVALUATIONS ANDINSPECTIONS
A. The Agency shall 'provide right of' access to its facilities, including
those of any subcontractor to the County, the state, and/or federal
agencies or.of~icials at all reasonable times in order to monitor and'
evaluate the services provided under this Contract. The County will
give advance notice to the Agency iA the case of fiscal audits to be
conducted b~ the County.
B. The records and documents with respect to all matters covered by ~his
Contract shall be subject at all times to inspection, r~view, or audit
by the County and/or federal/state officials so authorl~:ed by law during
the perfo~nce of this Contract and six (6) years after te~nation
hereof, unless a longer rete~tion period is required by law.
C. The Agency agrees to cooperate with the County or its agent in the
evaluaticn of the Agency's performance under this Contract and to make
available all info~tion reasonably required by-any such evalu~tion ..
process. The results and records-of-said evaluations shall be
maintained and disclosed An accordance with RCW Chap%er 42.17.
If the County detez~tnes that a breach of Contract has occuzred, that is,
the Agency has failed to comply with any terms 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 dee_ms 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
brgach;
B. 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 ~he specified deficiencies. The corrective
action plan shall specify the proposed completion date for bringing 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 d/scretion, specifies in writing an extension in the number of days
to complete the corrective actions;
The Co%mty will notify the Agency in writing of the County's
determination as to the sufficiency of the Agency's corrective action
plan. The determination of sufficiency of the Agency's ¢:orrective plan
shall he 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 County may
commence termination of this Contract in whole or in part pursuant to
Section XI(B);
In adck~tion, 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 taken or
completed; and '
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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.
"SubcontractJ shall mean a~y agreement between the Agency and a
subcontractor or between subcontractors that is based on this Contract~
provided that the term "subcontract" does not include tlhe purchas6 of
(i) support services not related to the subject ~atter .of this Contract,
or (ii} supplies.
XI. TERMINATION
A. This Contract may be terminated by the County without cause,'in whole or
in. part, prior to the'date specified in Section II, by providing the
Agency thirty (30) days advance written notice of the termination.
S. The County ~ay terminat~ thi~ J~&t,' in whole or in part, upon seven
(~) days advance written notice in the ev&nt: (1) the Agency materially
breaches any duty, obligation, or service required p~rsuant 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 p~ocurement 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 ~ismanagement, the Agency shall return to
the County immedkately 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
County may, upon written notification to the Agency, temninate this
Contract in whole or in Dart.
If the Contract is terminated as provided in'this Subsection: (1) the
County will be liable only for payment in accordance with the texuns 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 pu'rsuant 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. Should such
appropriation not be approved~ this Contract will terminate at'the close
of the current appropriation year.
The Agency may terminate this Contract upon seven (7) days written
notice, should the County commit any material breach of this Contract.
AG Services 95
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XII ·
E. Nothing herein shall limit, waive, or extinguish .any right or rem dy . ,'
provided by this Contract or law that either party may have in the ~Ven~
that the obligations, .terms, and conditions set forth in this Con, tract.
are breached by the other party..
FUTURE SUPPORT
The County makes no commitment to support the services Contracted fo~ herein
and assumes no obligation for. future support of the activity Contracted
herein except as expressly set forth in this Contract.
XIII. HOLD HARMLESS AND IND~MNIFICATIO}!
A. -In providing services under this Contract, the Agency :£~ an independent
Contractor, and neither it nor its officers, agents, o:: 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 perfozmance of and
compensation for these services and shall make no clai~ of career
- service or civil service rights' which may accrue to a County e/nployee
under state or local law.
The County assumes no responsibility for the paYment of any
compensation, wages, benefl~s,ffg~..~axes by, or on ~ehalf of the.'Agency,
its e-mploye&s, and/or others by reason oft. his Contract. The Agency
ha~ p~otect,, lndem-~fy, and save harmless the County and the State of
~snlng=on, (when any funds for this Contract are p~ovided by th~ State
Washington}, their officers, agents, and employees from.and'against
any and &ll cla~m~, costs, and/or losses whatsoever occurring or
resulting'f~om (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.
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The Agency further agrees that it is financially respon~ible for and
will repay the County all indicated amounts following an audit exception
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
~offi~ers, employees, agents, and/or representatives. This duty to repay
the County shall n~t be diminished or extinguished ~y the prior
termination of the Contract pursuant to the Duration of Contract or the
Te=mination section. · .
The Agency shall protect, defend, indenu~ify, and save.harmless the
County, and the State of Washington (when any funds for this Contract
are provided by.the State of Washington), their ~fficers, e~nployees, and
age~ta from any and all costs, claims, judgments, and/or awards of
damages, arising out of, or in any way resulting from~ t]~e negligent
acts or om/ssions of the Agency, its officers, en%Dloyees,, 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
o~, any of its employees or agents. For this purpose, the Agency, 'by
'mutual negotiation, hereby waives, as respects the County only, any
immunity that would otherwise be available against such ¢~aims 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 ~he Agency.
The County will protect, defend, indemnify,' and save harmless the
Agency, its officers, employees, and agents from any and all costs,
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claims, judgements, and/or awards of damages, arisin~ out of or in any
way resulting from the negligent acts or omissioDs of the 'County, its.
officers, employees, or agents.
The County agrees Ghat 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, ~ut not be'limited to, assertions that use or
transfer of software, hook, documeht, 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 r~su!ts in unfair trade practice.
XIV. INSURANCE REQUIREMENTS
By the date ~f 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 propert~ which ~ay arise from, or in
connection with, the performaace or work hereunder by the Agency, its
agents, representatives, employees.," and/or subcontractozs. The. costs of
such insurance shall be paid by the Agency or 'subcontractor. The Agency
may furnish separate certificates of insurance end policy endorsements
fok each subcontractor as evidence of compliance wi~h ~he insurance
requirements' of this Contract.
For All Coverages: Each insurance policy shall be written on an
"occurrence" form; excep~ that insurance on a "claims made" form may be
acceptable with prior County approval.
If coverage is approved and purchased on a.~'claims made" basis, the
Agency warrants continuation of coverage;-~ither through policy renewals
or the purchase of an extended discovery period, if such extended
coverage is available, for not les4. than three years from the date of
Contract termination, a~d/or conversion from a "claims made" form to an
"occurrence" coverage form.
'Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. General Liability:
Insurance Services Office form number (CG 00 01 Ed. 11-88) covering
CO~/E~CI~L GENERAL LIABILITY
2. Professional Liability:
Professional Liability, Errors, and Omissions c0ve~ag6.
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", for the purpose of this
Contract section, shall mean any services provided by a licensed
professional.
3. Automobile Liability:
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In the event that services delivered ~ursuant to this Contra~'
involve tha transportation of clients by Agency personnel in A~ncy~
owned vehicles or non-owned vehicles, the Agency shall provide
evidence of the appropriate automobile coverage.
Insurance. Services Office form number (CA 00 01 Ed. 12-90} covering
B~USINESS AUTO COV~a~., symbol 1 "any auto";' or t~e
coverage provided by symbols 2, 7, 8, or 9
4. Workers' Compensation~
Workers" Con%Densation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar
coverage reguired for t~is work byap~licable fed~ral or "Other
States" sta.te law.
C..Minir~Lun Limits of Znsuranc,
1. General Liability= $ i Million combined single l~l~ ~er occurrence
by bodily injury, personal injury, and property d~age, and for
those policies with aggregate limits, a $. 2 Milli~,~aggregate limit.
~rofessional Liability, Errors, and Omissions: $ I Million..
3. Automobile LiabilSty= $ i Million combined s~ngle limit per
accident for bodily injury and property da~ge~ ,
4. Workers" Compensation: Statutory requirements of the sta~e of
residency.
~ductibles and Self-Insured Retention~
Any deducti~les or self-insured retentions must be declared to, and
approved by, t~e County. The deductible and/or self-insured retention
of the policie~ shall not apply to the Agency.s liability to the County
and shall be the sole res~onsibility of the Agency.
pther I~surance Provision~
The insurance policies required in this Contract are to contain, or be
endorsed to contain, the following provisions:
1. General. Liability Policies
a. The County, its officer~, officials, er~Dloyees, an~ agents are
to be covered as additional insureds as respects liabili~y
arising out of activities performed by or on behalf' of the
Agency in connection with this Contract. '
b. To the extent of =he Agency's negligence, the Ag,~ncy~s insurance
c~rage shall be primary insurance as respects '~he County, its
officers, officials, employees, and agents. Any insurance
and/or self-insurancemaintai~ed by the County, ~ts officers,
officials, e~Dloyees, or agents shall not contribute with the
A~ency.$ insuranc~ or benefit the Agency in any way.
c. ~he 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.
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A~ll Policies
Coverage shall-not be suspended, voided, cancelled, reduced in
coverage or in limits, except by the reduction of the applicable
aggregate limit by clai~ paid, until after forty-five (45) days
prior written notice has been given to the County.
F. ~cceptability 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 s6rpluses the
equivalent of Bests' surplus size VIII.
PrSfessional Liability, Errors, and Omissions insurance may be placed
· with insurers with a Bests' rating of B+VII. Any exception must be
approved by King County.
If, 'at any ~ime, 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 Co~ty, promptly
obtain a new policy, and shall submit the same to the Cou]~ty, with
appropriate.certificates and'~d6~ments, for approval.
G. Uerification of Coverage
· The Agency shall kurnish 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
c6mplete, certified copies of all required insurance policies at any
time.
H.. Subcontractors
The Agency shall include all subcontractors as insureds Under its
policies or shall furnish separate certificates of insurance and policy
endorsements for each subcontractor. Insurance coverages provided by
subcontractors as evidence of ~ompliance with the insurance requirements
. of this Contract shall be subject to all of the requirements stated
herein. '
~unicipal Or State Agency Provision~
If the ~gency is a Municipal Corporation 6r an Agency of t]~e State of
Washington' and is self-insured for any of the above insuranc~
requirements, a certification of self-insurance shall be attached hereto
and be incorporated by reference and shall constitute compliance with
this section..
XV. NONDISCRIMINATION
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 ali. the
conditions of said Chapters. Failure by the Agency to comply with any
requirements of these Chapters shall be a material breach of Contract.
A. General
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During the performance of this Contract, neither the Agency no~
party subcontracting under the authority of this Contract shall
discriminate on the bas%s.of race, color, sex, religion,
nationality, creed,'marital status, sexual orientation, age, o~ the
presence of any sensory, mental, or physical handle:ap in the
employment or application for employment, in the~a¢~inistration'~r
delivery of services, or any other benefits under this Contract.
The Agency s~all comply fully with all applicable federal, state,
and local laws, orchtnences, executive orders, andregulations which
prohibit such discrim/nation. These laws include, but are not
limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil
Rights Act of 1964.
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 he grounds for
cancellation, tem~ination, or' suspension of this Contract, in whole
or An part and may result in the agency's inel~gibility for further
County.contra=ts. ~
B. Employment ~
During the performance of the Contract, neither the Agency nor any party
subcontracting under the authority of this Contract 'shall engage i.n unfair
employment practices. It is an unfair employment practi~e :for any.
1. employer or 1~o~ organization to discriminate against any person
with respect to referral, hiring,' tenure, promotion, terms,
condi'tions, wages, or other privileges of employment;
2. employment Agency or labor organization to discriminate against any
~i~ person with respect to membership rights and privileges, admission
to or participation in any guidance program, apprenticeship training
program, or other occupational training program;
3. 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 discrim~nation unless based upon a bona fide
occupation qualification;
Sm
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e~loyment Agency to discriminate against any person with respect to
any reference for ~mployme~t' or assignment to a particular Job
classification;
employer, employment Agency, or a labor organization to retaliate
against any person because this person has oppssed ~%ny practice
forbidden by King .County Code Chapter 12.18 Or because that person
has made a charge, testified, or assisted in any manner 'in any
investigation, proceeding, or hearing initiated under the provisions
of King County Code, Chapter 12.18;
publisher,, f~rm, corporation, organization, or association prin~ing,
publishing, o~ 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 ~ormal operation
10
cf the particular business, enterprise, or employment, unless 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:
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. ~,ffirmative Action Reporting
1. The Agency entering into a Contract or agreement witlh King County
valued at $5,000 or more~shall submit to the County Executive a
total personnel inventory employment'profile providing minority,
fe/nale, and hand/cap en~loyment data.
The Agency shall complete the employment profile form provided by
the Cognty and attach th~ ~8~Ieted form to this Con,tract..."
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 affidavit of
compliance in the form provided by the County, demonstrating its
commitment to comply with the provisi6ns of King. County Code,
Chapter 12.16.
The Agency shall complete the affidavit of compliance provided by
the County and attach the original, notarized~.completed form to
this Contract. If this Contract continues for longer than 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, and'the Americans with Dfsabilities Act
of 1990 (ADA). The Agency will prepare a Corrective Action Plan for
the structural and/or progranmuatic changes necessary at its premises
for'compliance with Section 504 and. the ADA. The Agency shall
return a notarized Disability Assurance of Compliange form and the
Corrective Action Plan with the Contract. The Disability Assurance
of Compliance form and the Corredtive Action Plan must be reviewed
by the King County Office of Civil Rights and Compliance before the
Contract wi-ll be signed.
Please note that if the Agenc~ has previously submitted the
Disability Assurance of Compliance form and Corrective Action Plan
to the County, it is exempt from filing the Disability form for this
current Contractual year, provided the Agency is in ~he same
location. In this instance, the Agency will. attach a copy of the
original signed Assurance of Compliance form affirming continued
efforts to comply with Sections 504 and the ADA.
The Agency will complete all reports and forms (including Department
of Social and Health Services nonLdiscrimination forms, where
applicable) provided by the County and will otherwise cooperate
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11
fully with the County in monitoring and. assisting the Agency
providing nondiscriminatory programs.
D. Minority and Women's Business Enterprises '.. ~..
King County Code Chapter 4.18 i~ 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 materia~ breach of contract.
1. During the tezm of this Contract, the Agency shall:
ae
Comply,.as to tasks and proportionate dollar amount, throughout
the temm of this Contract, with mi~orit~/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 ind/vidual certified by the State of
Washington Office of Minority and Women's Business Enterprise
(OMWBE) and recognized by King County as a mi~ority or women's
business, the minority/women's business set-asid~ provision
shall not apply provided that the certified firm shall perform
at'least 25% of the work of this Contrac~ itself.
Request approval for. any-proposed substitution of
minority/women's Businesses. The King County Office o~ Civil
Rights and .Compliance (OCRC) will approve the substitution of a
certified minority/women's business when:
(1)
The minority/women's business cannot perform the necessary
tasks; or
Co
(2)
The minority/women's business is unwilling to perform the
necessary tasks.
Co~ly with the original Contract percentage use of minority
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.
de
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 enterprise
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 County, and
have sign%d a sworn statement verifying that it has been
previously sought to do business ~ithin the geographic
boundaries of King. County prior ~o'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 4.1~I.010(U) (Note:
for the purpose of recognition, the County's definition of
Hispanic is narrower than that of OMWBE. Bidders a~e charged
with the knowledge of the KCC'4.18 et. seq.); ,.nd (2) perfor~%ng
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
AG Services 95
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12
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 da~mged when a
contract, or portion of a contract to be performed by a
minority/women's business is not .actually performed hy a
minority/women's business in compliance with King County Code,
Chapter 4.18. Because the actual amount of such dama. ge is not
reasonably calculable, the parties agree and stipulate that
liquidated daz~ages 'equal to the dollar value of the =~tilization lost
to the County due to the violation, not to exceed 10% of the total
dollar value of the'Contract, shall be the amount re~ired 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 enforcement, and other danmges and costs caused by
the violation.
The Agency shall be liabie~o:~he County for such li~idate~ damages
in the event the Agency or a subcontractor fails' to perform a
commercially useful function and/or operates as ~ 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 the right
of the County to inspect such record. ,~
E. Subcontracts 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 INTEREST
The. Agency covenants that no officer, employee, or agent.of the County
who exercises ~ny functions or responsibilities in connection with the
planning and implementation of the program funded herein, or any other
person who presently exercises any functions or responsibilities in
· connection with the planning and imple/nentation of the program funded
herein shall have any personal financial interest, direct or indirect,
in this Contract. The Agency shall take appropriate steps to assure
compliance with this provision.
If the 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
~ermination pursuant to Section XI above, as well as any ether right or
remedy provided in this Contract or law.
POLITIC3~LACTIlr/T¥ PROHIBITED
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None of the funds, materials, property; or services pr$vided directly o'r
indirectly under this Contract shall be used for any partisan political
~ctivity or to further the election or defeat of any candidate for public
office.
XVIII.EQUIPMENT PURCHASE, MAiNTENAnCE, AND OWNERSHIP
ae
The Agency agrees that any equipment purchases, in whole or in part,
with Contract funds at a cost of $500 per item or more, when the
purchase of such equipment is reimbursable as a Contract budget item, is
upon its purchase or receipt the property of the County and/or
federal/state goverrml~lt.
B. The Agency shall be responsible for-all such property, including the
proper care and maintenance of the equipment.
C. 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.
D. The A. genoy will e~m~t the County's P~operty Management.Officer =o the
Agency's premises for the pu.rpose of marking such property with County
property tags.
%
E. The Agency ~hall establish and maintain inventory records and
transaction documents (purchase requisitions, packiD~ slips, invoices,
receipts) of equipment purchased with Contract fundsJ.
XIX. NOTICES
Whenever this Contract provides for notice to be provided by one plrty to
another, such notice shall be:
A. In ~Wri~ing; and
Directed to the chief executive officer of the Agency an,~ the
director/manager of the County'dePartment/division specified on page
of this Contract.
Any time within which a party must take some action shall be computed from
the date that the notice is received by said party.
PROPRIETARY RIGHTS
T~e 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 accruing 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 may 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.
X~I. CHANGES
Either party may request changes to this Contract. Proposed changes which
are mutually agreed upon shall be incorporated by written amendments to this
Contract. ~
AG Services 95
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14
KING COUNTY RECYCLED PRODUCT PROCURF24ENT POLICY
It is the policy of King County to use recycled materials to the maximum
extent practicable (King County code Chapter 10.16). Contra=tots 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 recycled 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 each document printed on
recycled paper bears an in, tint identifying it as recycled paper.
If the cost of recycled paper ia more than fifteen percent higher than the
cost of non-recycled paper, the Agency shall notify the Contract
A~h~inistrator, who may waive the recycled paper requirement.
The A~ency shall use both sides.of paper sheets for copying and printing and
shall use recycled/recyclable products wherever practical at the fulfillment
of this Contract.
XXIII.ENTIRE CONTRACT/WA/VER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms
hereto and any oral representations or understandings not incorporated
herein are excluded. Both parti~s~e~6gnize 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 dee~ed 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.
SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE 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.
~ ~ nty Executive
Approved as to Form:
Signature
CHARLES A. BOOTH
Name (Please type or print)
MAYOR CITY OF AUBURN
Title (Please type or print)
Date
ATTEST:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
November 4, 1994
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[ . Rdbin Wohlh~ueter, City Clerk
FORM.
Michael J. Reynolds, Auburn City
Attorney
15
King'County
Department of Executive AdminL.
Purchasing Agency
620 King County Administration Building
500 Fourth Avenue
Seattle, Washington 98104
DRUGS: DRAW THE UNE!
rsonnel nventory Report
· Revised 7/92
Legal Name of Business Ci~:y of Aubura
Telephone No. 931-3043
Aisc D..oing Business as (DBA)
Address 2.5 West )'Jain City Auburn State WA Zip 98001,
DO ANY OF YOUR EMPLOYEES BELONG TO A UNION AND/OR DO YOU USE AN EMPLOYEE REFERRAL AGENCY?
YES xx NO . If yes, list the unions and/or employee referral agencies with whom you have agreements:
Teamsters ~117
If you expect to do more than $10,000 worth of business with King County, the unions dr employee referral agencies must subm!~
a statement of compliance with King County Code Chapter 12.16.
DO' YOU HAVE ANY EMPLOYEES? YES ~ NO . If yes, list on the Employment Data Chart balow the total
number of employees for all businesses located in (1) King County. If none, fist the total number of employees for all businesses
located in (2) Washington State. If none, list the total nurdbef~f employees for all businesses located in the (3) United States·
Indicate which locale (1, 2, 3) report covers: .
Minority Handicap
Employment Data Whites AmericansAfrican Asians AmericansNative Hispanics Handicap Sub-Total Sub-Total
Job Categories M F M F M F M F M F M F M F M F
Managerial 4 2
Professional 2 6
Technical 3
Clerical
Sales
Service
Labor
14 2
On-Job Trainees
· Apprentice
*Skilled Craft
Sub-Total 23 10
*Journey worker: List by classification on reverse, e.g., carpenter, plumber, etc.
Total number of Employees Reported Above: 33 (If no employees, write ("0").)
This report covers Business Location(s) in (cimle one): [King County, Washington State, Other States] for the Payroll Period
ending (MONTH/DAY/YEAR): 10/3!/95
IRS Employer Identification Number:
name (print or type)
DO not write below this line
AA AFF DATE CT CC VENDOR CERTIFIED STAMP CS SM I SF SM PST TCC FPST
(King County
Department of Executive Admlnlstmtlo~l~ ~ [ I~
I~umhallng Agenw
~0 ~ng C~y ~ministr~tion Building
Seaffi~ W~i~ 981~ .............
Supplemental Form
Personnel Inventory RepOrt
Revised 7/92
Legal Name of Business Telephone No.
Minority Handicap
African Native Hispanics Handicap Sub-Total Sub-Total
Employment Data Whites Americans Asians Americans
Job Categories M F 'M F M F M F .M F M F M F M F
ATTACH SUPPLEMENTAL FORMS AS NECESSARY TO REPORT THE 1OTAL WORK FORCE.
Submitted By
Name T~tle
Contact the King County Purchasing Agency at (206) 296-4210 or the King County Contract Compliance Office at (206)
296.7652 if you have any questions concerning completion of this form.
Affidavit and Certificate of Compliance
With King County Code Chapter 12.16, Discrimination and Affirmative Action in
Employment by Contractors, Subcontractors .and Vendors.
Company Name: City of Auburn '
STATEOFWASHINGTON } SS
COUNI~ OF KING
The undersigned, being first duly sworn, on oath states on behalf of
the Contractor as loflows:
Definitions: "Contractor" shall mean any contractor, vendor or con.
suit, ant who supplies goods and/or services. "Contract" shall mean
any contract, purchase.order or agreement with King County Govern-
merit, hereinafter called the County.
A. Contractor recognizes thai discrimination in employment is pro-
hibited by federal, state and local laws. Contractor recognizes that in
addition to refraining from discrimination, affirmative action is required
to provide equal employment opportunity. Contractor further
recognizes that this affidavff establishes minimum requirements for
affirmative action and fair employment practices and implements the
basic nondiscrimination provisions of the general contract specitica.
tions as applied to service, consultant, vendor or construction con-
tracts exceeding $10,000. Contractor herein agrees that this affidavit
is incorporated as an addendum to its general contract, and
recognizas that failure to comply with these requirements may con-
stituto grounds for application of sanctions es set forth in the general
specifications. King County Code Chapter 12.16 and this affidavit,
PROVIDED FURTHER, that in lieu of the affidavit, the Executive may
accept a statement pledging adherence to an existing contractor af-
firmative action plan where the provisions of the plan ara found by
the Executive to substantially fulfill the requirements of this chapter.
B. Contractor shall give notice to their supervisors and employees
of the requirements for affirmative action to be undertaken prior to the
commencement of work.
C~ This person has been designated to represent the Contractor and
to be responsible for securing compliance with and for reporting on
the affirmative actions taken:
AFFIRMATIVE ACTION REPRESENTATIVE
NAME: Shelley Werner
D. Contractor will cooperate futiy with the Compliance Unit and ap.
propriaie County agents while making every reasonable '"good faith"
offort to comply with the affirmative action and nondiscrimination re-
quirements set forth in this sworn statement and in King County Code
Chapter 12.16.
E. Reports. The Contractor agrees to complete and submit with this
affidavit such additional reports and records that may be necessary
to determine compliance with the affidavit and to confer with the Coun-
ty Compliance Officer at such times as the County shall deem
necessary. The information required by this chapter includes but is
~3ot limited to the following reports and records:
1. Personnel Inventory Report: This report shall include a
breakdown of the employer work'force showing race, sex and han-
dicapped and other minority data.
2. Monthly Utilization Report: This report shall apply to construc-
tion contractors and subcontractors and shall provide the number of
hours of employment for minority, women and handicapped
empl.o, yees by craft and category.
3. Statementfrem UnionorWorker Referral Agenoy: This statement
affirms that the signee's organization has no practices and policies
which discriminate on the basis of race, color, creed, religion, sex, age,
marital status, sexual orientation, nationality or the presence of any
sensory, mental or physical handicap.
4. Certified Weeldy Payroll: This report is required from every con-
struction contractor, subcontrac~r, and any lower tier subcontractor for
each work weekffom the time work stalls on the project until completion.
The information required in this section shall be submitted on forms
provided by the County unless ofhe~'wise specified.
F. Subcontrsctore: For projects and contracts over one hundred
thousand dollars ($100,000) the prime contractor shall be required
to submit to the County, along with its qualifying documents under
this chapter, employment profiles. Affidavits of Compliance, Reports
and Union Statements from its subcontractors in the same manner
as these are required of the pdme contractor. Reporting requirements
of the prime contractor during the contract period will apply equally
to all subcontractors.
G. EmploymentGoalsforMinorltleaandWomen: Employment
goals shall be established for two industry categories, i.e., construc-
tion contractors and vendor/service contractors, using a multi-factor
-" availability analysis. '
1. Construction contractor and subcontractor performance: Goal
attainment is based on the total hours of employment as determined
by the monthly utilization reports.
2. Consultant and vendor/service contractor performance: Goal
attainment is based on the total number of employees as determin-
ed by Personnel Inventory Reports.
H. Employment Goals for Handicapped Pereons: Employment
goals for handicapped persons shall be established using the
methodology deemed most relevant and the statistical data deemed
the most current and representative of the availability of handicapped
persons by the Office of Civil Rights and Compliance and shall, to
the extent possible, be consistent with the methodology used to
establish employment goals for the handicapped for the County's in-
ternal workforce,
I. Alternative Goal Option: Contractors may establish goals in-
dependently if they believe the King County goals are not applicable
to their specific situation. Contractors who secure King County's as-
sent in pursuing this option must use a multi-factor analysis with
method?logy and data soumes approved by the County.
J. Underrepreeentatlon of Minorities, Women and Handicap-
ped' Persons: Underrepresentation of minorities, women and han-
dicapped persons will not be deemed a per se violation of King
County Code Chapter 12.16 where, a contractor's empfoyment
statistics demonstrate that minorities, women and handicapped per-
sons are underreprasented in its workforce in relationship to the county
employment goals. The burden will be on the contractor to show that
the minimum affirmative action requirements set forth below have
been met and that a reasonable "good faith" affirmative action plan
in compliance with this chapter has been pursued.
K. Minimum Affirmative Action Measures: Contractor agrees that
fai[ura to implement and/or maintain reasonable "good faith" efforts
to achieve the county employment goals will constitute a breach of
this a,g~eetfl~ltr ~'[~. ~ evaluation of a contractor's compliance with this
c~ .~t~,b~.:a~,ed upon the contractor's effort to achieve max-
~'rl~L~"~ sc~l~:,~'..o ~ lt~. ~-affi r m ail ve action program. The contractor shall
~"'c~..F~. I~'t~'~§~ and shall implement affirmative action steps
~ at I~['~t.as ~x~s'l,~-.as the following:
,_ [ 1. -POf..~. Dissemination: Internal and external dissemination
:, ~ ~ ofl~;~t~traLctoi"sequalemploymentopportunitypolicy posting
%,, O,"..~Loonojs~l:imi.nation policies and of the requirements of this
~,,,;-~ ..,e~/~e~. ,ch subcontract~ labo~ u~'~on or representative of workers
~e~t~,~h, ich there is a collective bargaining agreement or ether
contract, subcontract, or understanding of the contractor's
commitments under this chapter, inclusion of the equal oppor-
tunity, policy in advertising in the news media and alsewher~
2. Recruiting; Adoption of reoruitmect procedures designed
to increase the representation of women, minorities and hendi-
capped persons in the pool of applicants for employment; in-
cluding, but not limited to establishing and maintaining a current
list of minority, women and handicapped recruitment sources,
providing these sources written notification of employment
opportunifies and advertising vacant positions in newspapers
and periodicals which have minority, female and/or handicap-
pad readership.
3. :Self-Assessment and Teat Validation: Review of all
hiring and training preofices and poficiea, performing evalua-
tions, seniority policies and practices, job ciaesiflcations and
or have a discriminatory impact on, 'minorities, women and
handicapped persons: validation of all tests and other selec-
tion requirements where there is an obligation to do so under
state or federal law.
,4. Reoord Referrals; Maintain a ~urrent file of application of
each minority, woman and handicapped applicant or referral
for employment indicating what action wastakec with respect
to each such individual and the reasons therefore. Contact
these people when an opening exists for which they may be
qualified. Names may be removed from the tile after twelve
months have elapsed from their last application or. referral.
5. Notice to Unions: Provide ncfdce to labor unions o{ the con-
tractor's nondiscrimination and affirmative aofion obliga~ons
pursuant to King County Code Chapter 12.16. Contractors shall
also nofify the King County Executive if labor unions fail to com-
ply with the nondiscrimination or affirmative provisions.
6. ~ Supervisor: Ensure that ail supervisory personnel under-
stand and are directed to adhere to and implement Me non-
discrimination and affirmative action obligaiJons of the contrac-
tor under this chapter. Such direction shall include, but not be
limited to, adherence to, and achievement of, affirmative action
policies in performance appraisals of supervisory personnel.
7. Training: Develop on-the-job training opportunities wi'rich
expressly include mincrities, women and hanc~capped persor~
Where a contractor's §rnployment statistics dem0n~rate that.
minorities, women and handicapped persons are under-
. represented, faUure to follow e~y of the req,uirements of
Paragraph K (1-7) shall be pr~rna facie evidence of non-
compliance with this agreement..
L. Contractor agrees in all its employment policies and practices to
refrain from discrimination against any person on the baals of race,
color, creed, religion, nationality, sex, age, marital status, sexual orien-
tation, or the presence of any mental, physical or sensory handicap,
including but not limited to hiring, firing, lay.off, promotion or demo-
tion, job assignment, wages, and other terms and conditions of state
and local rules laws or ordinances and regulations regarding any
such discrimination.
M. Contractor agrees to provide reasonable access upon request
to the premises of all placas.of business and employment, relative
to work undertaken in this contract, and to records, flies, information
and employees in connection therewith, to the Compliance Unit or
agent for purposes of reviewing compliance with the provisions of this
affidavit and agrees to cooperate in any ~ompliance review.
N. Should the Compliance Unit find, upon complaint, investigation
or review, the Contractor cot to be in good faith compliance with the
provisions contained in this affidavit, it shall notify the County and con-
tractor in writing of the tinding fully describing the basis of non-
'' compliance. Contractor rna~ request wit~..drawal..of .such no.~ce:.of
noncompliance at such time as the compliance on,ce nas no[mac ~n
writing the contractor and the County that the. noncompliance has
O. The contractor agrees that any violafion of the specific provisions
of this chapter and of any term of the affidavit of compliance required
herein, including reporting requirements, shall be deemed a viola-
tion of King County Code Chapter 12.15. Any such violation shall be
further deemed a breach of a material provision of the contract bet-
ween the County and the contractor. Such breach shall be grounds
for implementation of any eanctions provided for in this chap!er, in-
cluding but not limited to, cancellation, termination or suspension, in
whole or in part, of the contractor by the County; liquidated damages;
or disqualification of.the contractor PROVIDED, that the implernen.
tafion of any sanctions is subject to the notice and hearing provisions.
of King County Code Chapter 12.16.110.
Code Chapter 12.16 and acknowledges receipt of a copy thereof.
DESIGNATEOCONTRACTOR: City of Auburn
ADDRESS: ~5 West Main Auburn
s~ c~
AUTHORIZED SIGNER: ~ 0 ~L~ .~
WA 98001
Emp1 oyment' Manager
NAME:
Shelley werner
PHONE: (206)931-3006
SUBSCRIBED AND SWORN TO before me
MY CO~ISSION EXPIRES: 03/09~T
APPROVED
REV:
ADA/504 DISABILITY ASSURANCE OF COMPLIANCE
and
CORRECTIVE ACTION PLAN
Complying with Section 504 of the Rehabilitation Act of 1973, as amended, and the Americans
With Disabilities Act of 1990, two federal laws which prohibit discrimination against qualified
persons with disabilities.
DEFINITIONS
."CONTRACTOR" shall mean any contractor with King County Government, except those
contractors supplying tangible goods and supplies.
"CONTRAC3" shall mean any contract, purchase order, or agreement, except those for
tangible goods and supplies, with King County Government, hereinafter called the County.
'REASONABLE ACCOMMODATION'' shall mean all efforts made too modify, change, or
eliminate existing barriers denying persons with disabilities equal opportunity to benefit from
the Contractor's programs, services or activities, except where to do so would cause an undue
hardship or burden.
'~TNDUE HARDSHIP OR BURDEI~ TM is determined on a case by case basis using the
following criteria: (1) size of the Contractor's program(s)with respect to the number of
employees, number and type(s) of facilities and the size of the budget, (2) the type of operation,
including the composition and structure of the work force, and (3). the nature and cost of the
accommodation(s) needed.
'~DISABILITY" is defined in Section 504 of the Rehabilitation Act of 1973, as amended,
(Section 504) and the Americans with Disabilities Act of 1990 (ADA) as anyone who has, has a
history of, or is perceived as having a physical or mental impairment that substantially limits
one or more major life activities. Tl~s can include, but is not limited to: mobility, visual,
hearing, or speech impairments; mental illness, epilepsy, learn/ng disability, brain injury,
HIV/AIDS; arthritis, cerebral palsy, developmental disability, multiple sclerosis and alcohol
and drug addiction.
A. The undersigned Contractor tmderstands that discrimination in public accommodation and
employment based solely on disability is prohibited by federal, state and local laws. In
addition, the Contractor recognizes that Section 504 requires recipients of federal funds, be it
direct or through subcontracting with a governmental en.tity receiving federal funds, to make
their programs, services and activities, when viewetl in their entirety, accessible to
qualified and/or eligible persons with disabilities. The Contractor also recognizes that the ADA
prohibits discrimination in public accommodation and employment based solely on d/sability
regardless of the funding source. The undersigned Contractor agrees that it and all
subcontractors will comply w/th Section 504 and the ADA requirements.
B. The undersigned Contractor has completed the ADA/504 SELF-EVALUATION
QUESTIONNAIRE to determine if it is discriminating against persons with disabilities in
the areas of program services, facility access, employment policies and procedures, outreach
efforts, or the prov/s/on of reasonable accommodation(s) to qualified/eligible persons with
disabilities. Reasonable accommodation is required in both program services and employment,
except where to do so would cause an undue hardship or burden.
ADA/504 Disability Assurance of Compliance .,
Corrective ActiOn Plan
Page 2
C. The undersigned Contractor has developed a CORRECTIVE ACTION PLAN for all
areas that are nOt in compliance wkh Section 504 and the ADA. .
D. The undersigned Contractor agrees to cooperate in any complianc~ review and to provide
reasonable access to the premises of all places of business and employment, and to records,
~es, information and employees therein to King County's OCRC for reviewing compliance w/th
Section 504 and ADA requirements.
E. The undersigned Contractor agrees that any violation of the specific provisions and
terms of theADA/504 DISABILITY ASSUP. ANCE OF COMPLIANCE and/or
CORP, ECTIVE. ACTION PLAN required herein and Section 504 and the ADA, shall be
deemed a b~each of a m.terial provision of the contract between the County and the
Contractor. Such a breach shall be grounds for cancellation, termination or suspension, in
whole or in part, of the contrect by the County or disquali/ication of the Contractor in future
contracts.
F. According to my responses to the questions in the ADA/S04 SELF.EVALUATION
QUESTIONNAIRE Cit,? of Auburn .(company name) is in compliance
with Section 504 and the ADA.
YES NO
G. If no, the following corrective actions will be taken:
Corrective Action Plan
General Reqdirements:
Actions to be taken:
Program Access:
Actions to be taken:
Completion Date
ADA/504 Disability Assurance of Compliance
Corrective Action Plan
Page 3
Employment and Reasonable Accommodation:
Act/ohs to be taken:
Corn letion Date
Physical Accessibility:
Actions to be ta~en:~
Comp]etlon Date
Prepared by: Shelley Werner
Title: Employment Manager
Contractor Name: City of Auburn
Address: 25 West Main
Auburn~ WA
Date: 11/16/95
Contract #:
98001
City
State
Zip
M A/S54 Disability Assurance of Compllsnce
corrective Action Plan
,Page ~4
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
WASHESGTON THAT THE FOREGOING IS TRUE AND CORRECT.
Contractor: City of Auburn
Company/Organization Name
Address: 25 west Main Auburn WA ,98001
Street City State ' ~p
Contact Person: Shelley Werner
AUTHORIZED SIGNATURE:
Name: Shelley Werner
Type or Print
Phone: (206)931-3006
Phone: (206) 931-3006
Ti~e: Employment Manager/ADA Coordinator
sUBscRIBED AND SWORN TO before me
this ~ day of N~mber 19 95
//~ Notary PUblic in and for the State of
~/ WASHINGTON
residing st King County
MY COM~ISSION EXPIRES:
APPROVED
03/09/99
Dat~
Phone #
Revised 4/92
2000
~-1
EXlllfllT IV
CITY OF AUBURN
AUBURN YOUTH 2000 TASK FORCE
1_
WORK STATEMENT
The Agency, City of Auburn, shall maintain a broad-based community coalition to implement
alcohol, drug and violence prevention strategies in South King County. The Agency shall be
reimbursed pursuant to the terms and conditions of this Contract for the provision of such
services in an amount not to exceed $12,300 for the contract period, July 1, 1995 through June
30, 1996, dependent on continued Federal funding through the Safe and Drug Free Schools Act.
$6,150 is allocated through December 31, 1995 and the remaining $6,150 for January 1, 1996
through June 30, 1996, pending reallocation by the Metropolitan King County Council.
PROGRAM DESCRIPTION
Ao
GOAL
The overall goal of the program is to maintain a broad-based community coalition to
implement drug, alcohol and violence prevention activities in South King County and to
maintain the late night and after school program for youth.
B. OBJECTIVES
The Agency shall actively work to mobilize its geographical sub-region against
violence, alcohol and substance abuse.
The Agency shall strengthen it's coalition by enlisting representatives of the
community who are also culturally diverse, and who will meet, plan, and strategize
the community effort at least once a month.
The Agency, having identified the risk and protective factors for substance abuse
and violence in their area, shall focus the community coalition's prevention
strategies on reducing the risk and building the protective factors.
The Agency shall sponsor alcohol, drug and violence prevention events. All such
events will be developed and implemented with assistance from and in coordination
with a Drugs: Draw The Line! (DDTL) Community Organizer. All such events
shall be publicized with acknowledgment of the funding being made available
through the Washington State Department of Community Trade and Economic
Development and the King County Drugs: Draw The Line! Program.
Ill
AUBURN
2000
~-2
The Agency shall assign staff'to manage the Late Night and After School project;
to staffthe community coalition, and to facilitate the coalition's prevention
strategies and activities.
ELIGIBLE POPULATION
Youth in South King County.
DEFINITIONS
Communi _ty Coalition: Abroad based flroup ofrepresentatives from the
community (including community members and agency representatives that
represent the diversity of the community and the populations the coalition's
activities are intended to serve) that meet on a regular basis to develop and
implement collaborative strategies to impact their community.
Risk Factor: The following have been identified as those factors that contribute to
people being at risk for drug and/or alcohol abuse:
Economic and social deprivation
Low neighborhood attachment and community disorganization
Transitions and mobility
Community laws and norms favorable toward drug use
Availability of drags and alcohol
Family histo~7 of alcoholism
Poor family management of problems
Early anti-social aggressive behavior
Parental drug use' and positive attitudes towards use
Academic failure
Low commitment to school
Alienation or rebelliousness
Anti-social behavior in early adolescence
Association with drug using peers
Favorable attitudes toward drugs
Early first use of drugs
Protective Factor: The following factors have been identified as those
events/activities that reduce the risk of drug/alcohol abuse:
Parent infant bonding and infant cognitive development
Early childhood education
Parent training
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2000
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School organization and management
Instructional improvement in schools
Drug and alcohol prevention curricula
Community drug use policies
Media mobilization
Prevention Event: This shall include activities that focus on violence, drug and
alcohol prevention such as educational workshops, conferences, rallies, training
events, etc. Each prevention event shall include comprehensive publicity that
acknowledges, in writing, that funding for this activity was made available (or
partially made available) through King County Drugs: Draw The Line! and the
Washington State Department of Community, Trade and Economic Development.
E. PROGRAM REQUIREMENTS
By June 30, 1996 the agency shall have completed 859 staffhours of work on the
Coalition (Auburn Youth 2000) and the implementation of the After School and
Late Night Project.
By June 30, 1996 the coalition shall have completed the following violence, drug
and alcohol prevention activities:
· Four (4) late night programs for middle and high school students.
· Three (3) six-week sessions of after school programs.
The event schedule below shows the month when each of the events shall be
completed. Per Section IV.B., if events have not taken place, payment shall be
withheld for that month and subsequent months until the events have been
completed.
PERFORMANCE STANDARDS QUARTERLY CUMULAIIVE
SERVICE SERVICE
LEVEL LEVEL
July through September 1995 staff hours 214 214
October through December 1995 staffhours 215 429
January through March 1996 staff hours 215 644
April through June 1996 staffhours 215 859
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EVENT SCl~EDULE MONTE[ CUMULATIVE
TOTAL
After School Programs: September 1995 1 events
December 1995 2 events
March 1996 3 events
Late night Programs: September 1995 1 event
December 1995 2 events
March 1996 3 events
June 1996 4 events
The coalition shall attend all the Drugs: Draw The Line!-sponsored training events
during the contract period, July 1, 1995 through June 30, 1996.
m. GENERAL REQUII~MENTS:
The contract services/activities provided shall be in accordance with the Drug Free
Schools and Community Act of 1989.
The use or disclosure by any party of any information concerning a client, who is a
person receiving contract services described herein, for any purpose not directly
connected with the administration of the County's or Agency's responsibilities,
with respect to services provided under this contract, is prohibited except by
written consent of the client, his/her attorney, or his/her responsible parent or
guardian.
In addition to County nondiscrimination requirements, the Agency shall comply
with the nondiscrimination requirements of the State of Washington, Department
of Community Development, as contained in Attachment A.
The Agency shall ensure that every officer, director, or employee who is
authorized to act on behalf of the Agency for the purpose of receiving or
depositing funds into program accounts or issuing financial documents, checks, or
other instruments of payment for program costs shall be bonded to provide
protection against loss. Fidelity bonding shah name King County as the
beneficiary, and the amount of coverage shah be the highest monthly invoice
amount.
If the Agency receives $25,000 or more in federal financial assistance fi.om King
County during a fiscal year, their annual audit shah comply with SECTION VII A
of this contract.
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2000
The following documents must be maintained, in accordance with generally
accepted accounting principles, at the agency office. The records must be kept for
at least six years after the termination of the contract.
2.
3.
4.
5.
Articles of Incorporation or Tribal Charter; and bylaws
IRS non-profit status certification
Personnel regulations, job descriptions, and organizational charts
Accounting & fiscal management policies, including travel policies
Financial records documenting program receipts and expenses in
accordance with terms of the contract
Minutes, notes, and sign-in sheets of all board meetings, other policy
making meetings, public meetings, and networking meetings
Stafftime records and records of volunteer time and activities
Copies of all correspondence, written materials related to this contract, and
participant records
Most recent agency financial audit
/nsurance policies and bonding required by contract (a copy must also be
sent to King County)
COMPENSATION AND METHOD OF PAYMENT
The Agency shall be reimbursed subject to the following terms and conditions:
The billing invoice shall be accompanied by all reports which fall due during the billing
period.
The monthly payment total shall be as follows:
· July 1995 through June 1996
$1,025 a month.
The total amount of payment pursuant to this exhibit shall not exceed $12,300.
Reimbursement may be withheld for any month in which required reports have not been
received or are not complete. If the Agency does not meet at least 90% of the minimum
staffhour requirements as stated in Section II. E. above, payment for services rendered
shall be reduced by the percentage of performance below the 90% level. Sanctions
associated with this clause will be applied to the September, December, March and June
invoices. If the Agency's cumulative performance level exceeds 90%, then no sanctions
wiH be applied.
If the events do not occur per event schedule in Section II. E above, payment shall be
withheld until event requirements are met.
AUBURN
2000
Match provided by in-kind contributions and/or outside funding sources to maintain this
program shall be at least 30% of the amount funded and shall be reported monthly on a
reimbursement request form. All new revenue generated by this contract shall be reported
to DDTL, and used only to expand program services which further the contract goal.
REPORTING AND EVALUATION REQUIREMENTS
A. REPORTING REQUIREMENTS
Match Form
The agency shall report at least 30% match with the monthly invoice. Match shall
include all in-kind or cash donations to this project (ATTACHMENT B).
Invoice
The Agency shall submit an invoice to Drugs: Draw the Line! within ten working
days after the end of each calendar month. The invoice format is attached ~nd
labeled ATTACHMENT C.
Monthly Performance Report
The Agency shall submit a Monthly Narrative Report within ten working days after
the end of each calendar month. The Monthly Narrative Report will serve to
document progress and accomplishment of project requiremems listed as E 1-3
above. The monthly narrative report form is ATTACHMENT D.
Meeting Report Form
The Agency shall submit meeting report forms for all coalition meetings during a
month to be submitted with monthly invoice (ATTACHMENT E).
Activi _ty Report Form
The Agency shall submit an activity report form for all prevention activities to
document the type of prevention strategy and those who attended
(ATTACHMENT F).
End of Contract Period Report
Agency shall submit an End of Contract Report within ten days after June 30,
1996. The Report format will be provided by Drugs: Draw the Line!
MONITORING REOUIREMENTS
1. The Agency shall cooperate with the Community Organizer assigned to this
contract in order to determine contract compliance.
Ill I
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ATT-A
NONDI SCRIMIITATION
During the performance of this contract, the AGENCY shall
comply with the nondiscrimination plan of the state of
Washington, Department of Community Development, and the
federal an~ stats laws upon which it is base~.
Requirements of the nondiscrimination plan are hereby
incorporated by reference, an~ include, but are not limits~
to:
Nondiscrimination in employment= The AGENCY shall
not ~iscriminate against any employes or applicsnt
for employment because of race, color, sex,
religion, national origin, cree~, marital status,
age, vietnam ara or disable~ veterans status, or the
presence cf any ssnsor~, mental, or physical
handicap. The AGENCY shall take affirmative action
to ensure that employees &re employed an~'treated
during employment without d[scrlmination because .of
their race, color, religion, sex, national origin,
cree~, marital status, age, vietnam era or disable~
veterans status, or the presence of any sensory,
mental or physical han~icap. Such action shall
include, but not be l~nlted to, the following=
employment, upgrading, demotion, or transfer;
recruitment or selection for training, including
apprenticeships an~volunteers.
Ce
Nondiscrimination to client= The AGENCY shall not
discriminate against any person eligible for
services or participation COmmunity Mobilization
Against substance Abuse because of race color, sex,
rellglon, national origin, creed, marital status,
age, Vietnam ara or disable~ veterans status, or the
presence of any sensory, mental, or physical
han~!cap.
Religious Activity= The AGENCY shall 'not use any
curricula or materials which have any religious
orientation. The AGENCY shall not require
participants in its Community Mobilization Against
Subst&noe Abuse projects to partloip&te in any
religious activity.
Drugs: Draw The Line!
Community Projects Match Form
Project Name:
Address:
DDTL Commnnlty OrgnniTer:
P~'iod Covered:
AUBURN
2000
ATT- B
~~ ....... ~~ .............
:;;.:.... '.. :;.:...:.:.;,.:.:.:...:,: :~.;.:.;....:...;.:..:..::... :
Total ~o~t of
Match
Signatttre of Person Preparing thin Report:
Date:
Phone Number:
(SAMPLE FORMAT - YOU CAN COPY THI~ ONTO YOUR LETTERH
INVOICE
TO:
King County Drugs: Draw the Lin¢l
Department 0fHumnn Services
2102 Smith Tower
Seattle, WA 98104
Agency Name:
AUBURN
2000
ATT-C
Contract Number:
Approval: Date:
(Signature/Agency Director)
Invoice for services rendered under this contract for the
Month of: ,199_.
Contract Budget:
R~imbursed to Date:
Requested this Month:
Balance:
(COUNTY USE ONLY)
PAYMENT AUTHORIZATION [ ] Approved
Comments/Payment Changes:.
Contract Administrator
Amount: $.
Date
b:invoice.93
AUBURN PARKS AND RECREATION
LATE NIGHT AND AFTER SCHOOL PROJECT
Monthly Performance Report
AUBURN
2000
ATT-D
Reporting Period: ,19
Contact Person: Phone:
Number ofunduplicated YOUTH served
Number of After School Programs
Number of staffhours
Number of Late Night Prgms
Briefly describe community coalitions involvement in this project. Also describe other
agencies/services which you have coordinated with (use additional sheets if necessary):
DRUGS: DRAW THE LINE!
PROJECT NAME
1995- 1996 DATE
TAKE OUT FORM #1
Number of Representatives
Meeting Date: Meeting D~te:
~ ''
Community e °~ - -= ~
Representatives
School District AOD ·. , · ,
Education Svcs Dist AOD
School Di~tdct Officials
County Prevention Specialist
City Gov't (Non elected)
County Gov't (Non elected)
, Elected Officials
Tribal Government
Youth
Parents
Business Leaders
Law Enfomement
Treatment
Health Districts
Religious Organizations
Other
Total # of ~,ttendees
Racial/Ethnic Minorities
City/area/community/names
PurpoSe of Meeting
AUBURN
2000
ATT-E
DRUGS: DRAW THE LINE! PROJECT NAME
1995 - 1996 DATE
TAKE OUT FORM #2 ACTIVITY iNFORMATION
Based on your 1993-1995'application, please provide information about activities funded with
CMASA resources. These activities should be the same as reported on your Program Requirements &
Workplan..Indicate the number of participants within each identified Category and Cultural/Ethnic Group.
Name of Activity:. Name of Activity:.
Date: !Date:
) Prevention ( ) Prevention
) Education ( ) Education
) Early Intervention ) Early Intervention
) Intervention ) Interver{tion
.) Interdiction ) Interdiction
) Treatment ) Treatment
) Aftercare ) Aftercare
) Other ) Other
GROUPINGS: NUMBER OF; NUMBER OF:
_aw Enforcement
~usiness Leaders
Elected Officials
Service Providers
Treatment Providers
Schccl Representatives
Other.
HIGH RISK YOUTH
School Dropouts
Experlencin~ Academic Failure
Econom. disadvantaged Children
Victims of physical/ps¥ch/sex,Jal abuse
,.. Juveniles in detention facilities
E. xperlence chronic pain due to iniury
Children of Alcoholics/Subst. Abusers
Pregnant
_Committed a violent/delinquent act
Has attempted suicide
School aped youth not in school
:~ther Youth
~arents
,,Seniors
CULTURAL/ETHNIC
African American
Hispanic
Native American
Asian
Pacific Islander
~-,a uca sia.__.__~n
SUMMARY OF ACTIVITY .'
AUBURN
2000
ATT-F