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HomeMy WebLinkAbout4794 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 10/94 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. AG Services 95 10/94 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). AG Services 95 10/94 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 ' AG Services 95 10/94 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 10/94 5 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. AG Services 10/94 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, 95 6 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: AG Services 95 10/94 7 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. AG Services 95 10/94 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 AG Services 95 10/94 9 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 AG Services 95 10/94 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 AG Services 95 10/94 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 10/94 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 AG Services 95 10/94 13 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 10/94 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 AG Services 95 10/94 [ . 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 AUBURN 2000 ~-3 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 AUBURN 2000 ~-4 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. AUBURN 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 AUBURN 2000 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