HomeMy WebLinkAbout47951
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ORDINi~NCE NO. 4 7 9 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRA/qT FUNDS IN THE
AMOUNT OF FIVE THOUSAND AND 00/100 DOLLARS, ($5,000.00), AND
AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM[ KING COUNTY
CULTURAL RESOURCES DIVISION FOR THE CITY OF AUBURN ARTS
COMMISSION.
WHEREAS, the Auburn City Council of the
must adopt and approve all appropriations
pursuant to Chapter 35A.33 RCW; and
City of Auburn
by Ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section ~. Pursuant to Chapter 35A.33 RCW the City
hereby approves the expenditure and appropriation of a total
amount of FIVE THOUSAND and 00/100 DOLLARS ($5,000.00),
which constitutes a grant pursuant to the Contract between
the City of Auburn and King County Cultural Resources
Division.
~e~tion 2. The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute Contract for Capital
Purchase which will provide grant funding to the City of
Auburn Arts Commission for use by the City to upgrade City
Hall exhibit space for public art events within the City of
Auburn. A copy of Contract No. D21831D is attached hereto
and designated Exhibit "A" and is incorporated by reference
in this Ordinance.
Ordinance No. 4795
September 18, 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:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
~nolds,
City Attorney
Published: /oJ4s
Ordinance No. 4795
September 18, 1995
Page 2
" ORIGINAE
Contract #: D21831D DEPARTMENT: Cultural Resources Division
SERVICES PROVIDED: Renovation services
AMOUNT: $5.000 FUND SOURCE: Cultural Facilities Program - Hotel Motel
Tax Revenues
CONTRACT FOR CAPITAL PURCHASE
THIS CONTRACT is entered into by KING COUNTY (the "County") and Ci_ty of Auburn
Arts Commission (the "Contractor"), whose address is 25 West Main Street. Auburn. WA
98001 and telephone number is (206/ 931-3043. Contractor is an art, cultural or historical
organization qualified to receive funds pursuant to RCW 67.28.180 and as berein~tfter may be
amended.
The County wishes to engage thc Contractor to render certain renovation services to improve
its visual arts gallery and which will benefit the Contractor in providing arts-related services to
King County citizens.
NOW, THEREFORE, in consideration of payments, covenants, and agreements i~tereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and do
mutually agree as follows:
I. SCOPE OF SERVICES.
A. The Contractor shall provide services and comply with the requirements set forth
hereinafter and in the following attached exhibits which are incorporated herein by reference
Approved application
Public benefit provisions
Assurance of Compliance,
Section 504
Minority/Women's Business
Confmmtion
(KCC 4.16 and 4.18)
Certificate(s) of Insurance
Attached hereto as Exhibit A
Attached hereto as Exhibit B
Attached hereto as Exhibit C
Attached hereto as Exhibit D
Attached hereto as Exhibit E
B. Funds awarded under this Contract shall be used solely for renovation expenses
and related fixed asset acquisitions, in accordance with the project description and budget, as
described in Exhibit A, as recommended by the King County Arts Commission and approved
by the King County Council in Motion 9611. All substitutions to equipment descnibed in
Exhibit A must be approved in writing by the Cultural Resources Division prior to purchase.
C. The Contractor agrees to provide public benefit in consideration for these funds as
described in Exhibit B and will provide a report not later than December 15 of each year
summarizing and evaluating public benefit provided during the year. Reporting shall
commence in 1995 and continue until the Public Benefit is completed.
D. The Contractor agrees to use the fixed assets purchased through this contract for
their intended use for a period of not less than 10 years frOm the date of purchase. Should the
Contractor dissolve its operations or relocate outside of King County during the "Useful Life"
Ordinance No. 4795
Exhibit "A"
of the fixed assets (ten years from purchase), fixed.'assets purchased with these funds shall be
transferred to a non-profit arts organization of King County Arts Commission's cho~sing
which is located in King County and will fulfill the intent of the fixed assets purchase. The
Contractor shall inform the County of its intention to dissolve its operations or reloc~te outside
of King County prior to its occurrence. The County reserves the right to recapture County
funds as a result of violation of this provision.
E. The Contractor agrees to acknowledge the source of support for the project in
prominently located permanent signage as:
King County Aris Commission, HotebrMotel Tax Revenus
II: DURATION OF CONTRACT.
This Contract shall commence on 3uly 1. 199~, and shall terminate on December 31,
1995, unless extended or terminated earlier pursuant to the terms and conditions of the
contract.
Notwithstanding the above and except as noted in Exhibit B, all public benefit
obligations of the Contractor shall be binding and enforceable for ten years from the completion
of the contract.
III. COMPENSATION AND METHOD OF PAYMENT,
A. The County shall reimburse the Contractor for satisfactory completion of the
services and requirements as specified in this contract in an amount not to exceed $5.000. The
Contractor will pay all costs incurred by this project, including purchase and installation of
gallery lighting; construction and installation of display cabinets and pedestals; and replacement
of display cabinet covers. County funds will reimburse Contractor for all appropriate and
allowable expenses, as described in Exhibit A.
B. Funds for payment will be available from the Cultural Resources Division in one
installment, payable in the following manner:
One Invoice for $5.00Q: Contractor shall submit one invoice with documentation coufirming
.the actual costs incurred by the Contractor in implementing the various galleqt
~mprovements, as approved by the Arts Commission. Such documentation shall
include, but may not be limited to, a copy of the purchase order(s) from the vendor(s)
s~:pplying materials; a copy of the bill(s) submitted by subcontractors. If the
documentation indicates that more than $5,000 was spent by the Contractor to
implement the project, the County will reimburse up to $5,000. If the Documentation
indicates that less than $5,000 was spent by the Contractor to implement the project, the
County will reimburse only for actual costs incurred.
Notwithstanding the above and .except as noted in Exhibit B, all public benefit
obligations of the Contractor shall be binding and enforceable for ten years from the completion
of the contract.
C. The Contractor shall submit the final invoice and other documents as are required
pursuant to this contract within ten (10) days of purchase of equipment. Unless walw:d by the
County in writing, failure by the Contractor to submit the final invoice and required documents
will relieve the County from any and all liability for payment to the Contractor for the amount
set forth in such invoice or any subsequent invoice.
D. If the Contractor fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, the County may withhold any
payment due the Contractor until the County is satisfied that corrective action, as specified by
the County, has been completed. This right is in addition to and not in lieu of the County's
right to terminate this contract as provided in Section IV.
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fuWfll in a timely anti proper
manner its obligations under this Contract or if the Contractor shall violate any of its covenants,
agreements or stipulations of this Contract, the County shall thereupon have the right to
terminate this Contract and withhold the remaining allocation if such default or violation is not
corrected within twenty (20) days after submitting written notice to the Contractor describing
such default or violation.
If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services or fiscal management, the
Contractor shall return to the County immediately any fu3ads, misappropriated or unexpended,
which have been paid to the Contractor by the County.
B. Notwithstanding any provisions of the Contract, either party may terminate this
Contract by providing written notice of such termination, specifying the effective date thereof,
at least thirty (30) days prior to such date.
C. The County may terminate this Contract in whole or part upon written notice to the
Contractor ffexpected or actual funding, including 1994 appropriation by the King County
Council of sufficient funds to support the activities described herein, is withdrawn, reduced or
limited in any way prior to the termination date set forth above in Section II or in any
amendment hereto.
Reimbursement for services performed by the Contractor, and not otherwise paid for
by the County prior to the effective date ora termination under subsections B and C herein,
shall be as the County reasonably determines.
V. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all contract funds and compliance with this Contract.
All such records shall sufficiently and properly reflect all direct and indirect costs of any nature
expended and services provided in the performance of this Contract.
B. These records shall be maintained for a period of six (6) years after temnination
hereof unless permission to destroy them is granted by the Office of the Archivist in accordance
with RCW Chapter 40.14, or unless a longer retention period is required by law.
VI. AUDITS AND EVALUATIONS
A. The records and documents with respect to ail matters covered by this Contract
shall be subjec at all times to inspection, review or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six (6) years after
termination hereof.
B. The Contractor shall provide right of access to its facilities, including those of any
subcontractor to the County, the state and/or federal agencies or officials at all reasonable times
in order to monitor and evaluate the services provided under this Contract. The County will
give a~Ivance notice so the Contractor in the case of fiscal audits to be conducted by the County.
C. The Contractor agrees to cooperate with the County or its agent in the ewaluation of
the Contractor's performance under this contract and to make available all information
reasonably required by any such evaluation process. The results and records of salti
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.:17.
D. If thc Contractor receives a total of $25,000 or more in federal financial assistance
from the County, it shall have an independent audit conducted of its financial statem~mt and
condition, which shall comply with the requirements of GAAS (generally accepted auditing
standards); GAO's Standards for Audits of Governmental Organizations, Program, Activities
and Functions; and OMB Circulars A-133 and A-128, as amended and as applicable. Agencies
receiving federal funds from more than one County department or division shall be responsible
for determining if the combined financial assistance is equal to or greater than $25,0[}0. The
Contractor shall provide a copy of thc audit report to each County division providing: financial
assistance to the Contractor no later than six (6) months subsequent to the end of the
Contractor's fiscal year.
VII. CONTRACT MODIFICATIONS
The County and the Contractor may, from time to time, request changes in services to
be performed with the funds. Any such changes that are mutually agreed upon by the County
and the Contractor shall be incorporated herein by written amendment to this Contract in
advance of implementation. It is mutually agreed and understood that no alteration or variation
of the terms of this Contract shall be valid unless made in writing and signed by the parties
hereto, and that any oral understanding or agreements not incorporated herein, shall not be
binding.
VIII. SPECIAL PROVISION
The County's failure to insist upon thc slrict performance of any provision of this
Contract or to exemise any right based upon a breach thereof or the acceptance of any
performance during such breBch, shall not constitute a waiver of any right under this Contract.
IX. FUTURESUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as expressly
set forth in this contract.
X. RECAPTURE PROVISION
In the event that the Contractor fails to expend county funds in accordance with law
and/or the provisions of this Contract, the County reserves the right to recapture county funds
in an amount equivalent to the extent of noncompliance. Such right of recapture shall[ exist for
a period not to exceed three (3) years following termination of the Contrac[ Repayment by the
Contractor of county funds under this recapture provision shall occur within thirty (30) days of
demand. In the event that the County is required to institute proceedings to enforce this
recapture provision, the County shall be entitled to its cost thereof, including reasonable
attorney's fees.
XI. OWNERSHIP OF PROJECT/CAPTIAL FACILITIES
The County makes no claim to any real property improved or constructed with funds
under this Contract anal, by this contract, docs not assert and will not acquire any ownership
interest in or title to the capital facilities and/or equipment constructed or purchased under this
Contract. This provision does not extend to claims that the County may bring ag~dnst the
Contractor in the event of recapture of funds expended in violation of this Contract.
XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent
contractor, and neither it nor its officers, agents or employees are employees of the County for
any purpose. The Contractor shall be responsible for ail federal and/or state tax, indusu-ial
insurance, and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service or civil service rights
which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages, '
benefits, or taxes by, or on behalf of the Contractor, its employees and/or others by reason of
this Contract. ri'he Contractor shall protect, indemnify and save harmless the County and its
officers, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor's failure to pay any such
compensation, wages, benefits, or taxes; and/or (2) the supplying to the Contractor of work,
services, materials, or supplies by Contractor employees or other suppliers in connection with
or support of the performance of this Contract.
B. The Contractor further agrees that it is financially responsible 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
Contractor, its officers, employees, agents, and/or representatives. This duty to repay the
County shall not be diminished or extinguished by the prior termination of the Contract
pursuant to the Duration of Contract, or the Termination section.
C. The Contractor shall protect, defend, indemnify, and save harmless the County and
the State of Washington (when any funds for this Contract are provided by the State of
Washington), their officers, employees, and agents from any and all costs, claim.,;, judgments,
and/or awards of damages, arising out of or in any way resulting fro the negligent acts or
omissions of the Contractor, its officers, employees, and/or agents. The Contractor agrees that
its obligations under this subparagraph extend to any claim, demand, and/or cause: of action
brought by or on behalf of any employees, or agents. For the purpose, the Contractor, by
mutual negotiation, hereby waives, as respects the County only, any immunity that would
otherwise be available against such claims under the Industrial Insurance provisions of Title 51
RCW. In the event the County incurs any judgment, award and/or cost arising therefrom
including attorney% fees to enforce the provisions of this article, all such fees, expenses, and
costs shall be recoverable from the Contractor.
Claims shall include, but not be limited to, assertions that the use or transfer of any software,
book, document, report, film, tape or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade uame, and/or
otherwise results in unfair trade practice.
D. Insurance Requirements: By the date of execution of this Contract, the: Contractor
shall procure and maintain for the duration of this Contract insurance against clairns for injuries
to persons or damages to property which may arise from, or in connection with the
pefforknance of work hereunder by the Contractor, his agents, representatives, employees,
and/or subcontractors. The costs of such insurance shah be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall bc written on an "Occurrence" form.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
(a) General Liability:
Insurance Services Office form number (CG 00 01 E~. 11-88)
covering COMMERCIAL GENERAL LIABILITY
-or-
Insurance Services Office form (GL 0002 Ed. 1-73) covering
COMPREHENSIVE GENERAL LIABILITy and Insurance
Services form number (GL 0404 Ed. 5-81) covering BROAD
FORM COMPREHENSIVE GENERAL LIABILITY[
ENDORSEMENT;
(b) Automobile Liability:
Insurance Services Office form number (CA 00 01 Ed. 12-90)
covering BUSINESS AUTO COVERAGE, symbol 1 "any
auto"; or the combination of symbols 2, 8, & 9.
(c) Workers Compensation:
Workers Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington.
(d) Employers Liability or "Stop Gap":
The protection provided by the Workers Compensation policy
Pan 2 (Employers Liability) or, in states with monoprflisfic state
funds, the protection provided by the "Stop Gap" endorsement
to the General Liability policy.
(e) Personal Property Insurance
2. Minimum Limits of Insurance,
The Contractor shall maintain limits no less than, for:
(a)
General Liability: $1,000,000
combined single limit per occurrence by bodily injm3,, personal
injury and property damage.
(b)
Automobile Liability: $0
combined single limit per accident for bodily injury and property
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damage.
(e)
Workers Compensation: Statutory requirements
of the State of Washington.
(d) Employers Liability or "Stop Gap": $0
(e)
Personal Property: Contractor warrants that it will procure and
maintain additional property limits equal to the amc,ant of this
contract King County shall be added as a loss payee as respects
its interests as they may appear at the time of loss.
3. Deductibles and Self Insured' Retentions
Any deductibles or self-insured retentions must be declared to, mac[ approved
by, the County. The deductible and/or self-insured retention of the policies shall not
apply to the Contractor's liability to the County mad shall be the sole responsibility of
the Contractor.
4. Other Insurance Provisions
The insurance policies required in this contract are to contain, or be endorsed to
contain, the following provisions:
(a) General Liability Policies
(1) The County, its officers, officials, employees and agents are
to be covered as additional insureds as respects: liability arising
out of activities performed by or on behalf of the Contractor in
connection with this Contract.
(2) To the extent of the Contractor's negligence, the
Contractor's insurance coverage shall be primary insurance as
respects the County, its officers, officials, employees, and
agents. Any insurance and/or self-insurance maintained by the
County, its officers, officials, employees, or agents shall not
contribute with the Contractor's insurance or benefit the
Contractor in any way.
(3) The Contractor's insurance shall apply separately to each
insured against whom claim is made and/or lawsuit is brought,'
except with respect to the limits of the insurer's liability.
(b) All Poli¢i¢$
Coverage shall not be suspended, voided, cancelled, reduced in
coverage or in limits, except as reduced in aggregate by paid
claims, until after forty-five (45) days prior written notice has
been given to the County.
5. ili f In r r
Unless otherwise approved by the County:
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Insurance is to be placed with insurers with a Bcst's rating c,fno less
than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent
of Bests' surplus size VIII.
If at any time of 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 Contractor shall, upon
notice to that effect from the County, promptly obtain a new policy, and shall
submit the same to the County, with appropriate certificates and endorsements,
for approval.
6. Verification of Coverhge
The Contractor shall furnish the County with verification of insurance and
.endorsements required by this Contract. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance: policy are
to be on forms approved by the County prior to the commencement of activities
associated with this Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
XlII. CONFLICT OF INTERI~$T
ICing County Code Chapter 3.04 is incorporated by reference as if fully set forth herein
and the Contractor agrees to abide by all the conditions of said Chapter. Failure by
Contractor to comply with any requirements of this Chapter shall be a material breach of
contract.
A. The Contractor covenants that no officer, employee, or agent of the County who
exercises any functions or responsibilities in connection with the planning and implementation
of the scope of services funded herein, or any other person who presently exercises any
functions or responsibilities in connection with the planning and implementation of the scope of
services funded herein shall have any personal financial interest, direct or indirect, ir, t this
Contract. The Contractor shall take appropriate steps to assure compliance with this provision.
B. If the Contractor violates the provisions of Subsection XIII(A) or does not disclose
other interest required to be disclosed pursuant to King County Code Section 3.04.120, as
amended, the County will not be liable for payment of services rendered pursuant to this
Contract. Violation of this Section shall constitute a substantial breach of this Contract and
grounds for termination pursuant to Section IV(C) above as well as any other right or remedy
provided in this Contract or law.
XIV. NONDISCRIMINATION
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully
set forth herein and the Contractor agrees to abide by all the conditions of said Chapters.
Failure by the Contractor to comply with any requirements of these Chapters shall be a material
breach of contract.
A. During the performance of this Contract, neither the Contractor nor any p~my
subcontracting under the authority of this Contract shall discriminate on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of
any sensory, mental, or physical handicap in the emploYment or application for employment or
in the administration or delivery of services or any other benefits under this Contract.
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Thc Contractor shall comply fully with ail applicable federal, state and loc:ai laws,
ordiminces, executive orders and regulations which prohibit such discrimination. These laws
include, but are not limited to, RCW Chapter 49.60 and Tides VI and VII of thc Civil Rights
Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act
of 1990, Exccutivc Order 11246 issued by thc President of the United States and Executive
' Order 2001-R issued by the County Executive.
B. The Contractor will consult and cooperate fully with King County, the Washington
State Human Rights Commission, the Equal Employment Opportunity Commission and other
appropriate federai, state and locai agencies in-ensuring its full compliance with the laws
against discrimination. The Conwactor will consult the Compliance Unit of the King County
Office of Civil Rights and Compliance for information and technicai assistance and/or
for referral to other agencies of assistance.
C. If the Contractor fails to comply with King County Code Chapter !2.16, such
failure shall be deemed a violation of this Chapter and a materiai broach of this Contract. Such
breach shail be grounds for cancellation, termination or suspension of this Contract, in whole
or in part.
D. During the performance of this Contract, neither the Contractor nor any party
subcontracting under the authority of this contract shall engage in unfair employment practices
as defined by King County Code, Chapter 12.18.
It is an unfair employment practice for any:
(1) employer or labor organization to discriminate against any person with respect to
referrai, hiring, tenure, promotion, terms, conditions, wages or other privileges of
employment;
(2) employment agency or labor organization to discriminate against any person with
respect to membership rights and privileges, admission to or participation in any guidance
program, apprenticeship training program, or other occupational training program;
(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
discrimination unless based upon a bona fide occupation qualification;
(4) employment agency to discriminate against any person with respect to any
reference for employment or assignment to a particular job.classification;
(5) employer, employment agency or a labor organization to retaiiate against any
person because this person has opposed any practice forbidden by this chapter 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;
(6) publisher, f'mm, corporation, organization or association printing, publishing or
circulating any newspaper, magazine or other written publication to print or cause to be printed
or circulated any advertisement with knowledge that the same is in violation of King County
Code Section 12.18.030 C., or to segregate and separately designate advertisements as
applying only to men or women unless such discrimination is reasonably necessa~3, to the
normal operation of the particular business, enterprise or employment, unless based upon a
bona fide occupational qualification; and/or
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(7) employer to prohibit any person from speaking in a language other than English in
the w6rkplace unless:
a. the employer can show that requiring that employees speak Englilsh at certain
times is justified by business necessity, and
b. the employer informs employees of the requirement and the consequences of
violating the mle.
XV. MINORITY AND WOMEN'S BUSINESS ENTERPRISES
King County Code Chapter 4.18 is incorporated by reference as if fully set forth herein
and the Contractor agrees to abide by all the conditions of said Chapter. Failure by the
Contractor to comply with any requirements of this Chapter shall be a material breach of
contract.
During the term of this Contract, the Contractor shall:
A. Comply, as to tasks and proportionate dollar amount throughout the term of this
Contract, with minority/women's business utilization requirements specified in the County's
request for proposal and identified in this contract. If this Contract is awarded to a f'm-n or
individual certified by the State of Washington Office of Minority and Women's Business
Enterprise and recognized by King County as a minority or women's business, the
minority/women's business set-aside provision shall not apply provided that the certified firm
shall perform at least 25% of the work of this contract itself.
B. Request approval for any proposed substitution of minority/women's businesses.
The King County Office of Civil Rights and Compliance will approve the substitution of a
certified minority/women's business when:
tasks.
(1) The minority/women's business cannot perform the necessaW utsks; or
(2) The minority/women's business is unwilling to perform the necessary
C. Comply with 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.
. D. 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 subcon~acting quotations to other responding or
potential responding parties.
E. Meet the goals of this Contract for contracting with minority/women's business
enterprises. Goals for this Contract and any subsequent suppliments, changes, or amendments
to it are % for minority businesses and % for women's:
businesses or a combined M/WB goal of %. Minority and woman-owned firms
utilized to fill these requirements must have been certified by the State of Washington Office of
Minority and Women's Business Enterprises and recognized by the Director of the King
County Department of Executive Administration prior to the time the pmposai is submitted.
Minority/Women's Business (M/WB) Liquidated Damages: The County in generai,
and the M/WB program in particular, are damaged when a contract, or a portion of a contract,
to be performed by a nfinority/women's business is not actually performed by a
10
minority/women's business in compliance with Ki/~g County Code Chapter 4.18. Because the
actual'amount of such damage is not reasonably calculable, the parties agree and stipulate that
liquidated damages equal to the dollar value of the utilization lost to the County due to the
violation, not to exceed 10% of the total dollar value of the Contract, shall be the amount
required to compensate the County for resulting delays in carrying out the purpose of the
program, the costs of meeting utilization goals through additional contracts, the adminisaative
costs of investigation and enforcement and other damages and costs caused by the violation.
The Conu'actor shall be liable to the County for such liquidated damages in the event the
Contractor or a subcontractor fails to perform a commercially useful function and/or operates as
a broker, front, conduit, or pass-through, as defined in King County Code, Chapter 4.18.
F. Maintain relevant records and information necessary to document compliance with
King County Code, Chapter 4.18 and the contractor's utilization of minority and women's
businesses in its overall public and private activities, and shall include the right of the County
to inspect such records.
XVI. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials property or services provided directly or indirectly under this
contract shall be used for any partisan political activity or to further the election or defeat of any
candidate for public office.
XVII. SECTION 504 AND AMERICANS WITH DISABILITIES AQT
The Contractor shall complete a Disability Self-Evaluation Questionnaire regarding its
ability to provide pr6grams and services to persons with disabilities mandated by Section 504
of the Rehabilitation Act of 1973, as amended, (504) and the Americans with Disabilities Act of
1990 (ADA). The Contractor will prepare a Corrective Action Plan for the structural and/or
programmatic changes necessary at its premises for compliance with Section 504 and the ADA.
The Contractor shall return a not,zed Disability Assurance of Compliance form and the
Corrective Action Plan must be reviewed by the King County Office of Civil Rights and
Compliance before the contract will be signed.
Please note that if the Contractor 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 the current contractual year, provided that the Contractor is in the same
location. In this instance, the Contractor will attach a COpy of the original signed Assurance of
Compliance Form aff'mv./ng continued efforts to comply with Section 504 and the ADA of
1990.
XVIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Contractor shall use recycled paper for the production of all printed and photocopied
documents related to the fulfillment of this Contract. If the cost of recycled paper is more than
fifteen percent higher than the cost of non-recycled paper, the Contractor shall noti.fy the
Contract Administrator, who may waive the recycled paper requirement. The Contractor shall
use both sides of paper sheets for copying and printing and shall use recycled/recyclable
products wherever practical.
11
XIX. gEVERABILITY
In the event any term or condition of this Contract or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or
applications of this Contract which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Contract are declared severable.
XX. ENTIRE CONTRACT/WAIVER 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 parties :recognize
that time is of the essence in the performance of the provisions of this Contract. Waiver of any
default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any
provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach
and shall not be construed to be a modification of the terms of the Contract unless stated to be
such through written approval by the County, which shall be attached to the original Contract.
COUNTY:
fQr
Signature -.King County Executive
Date
CONTRACTOR:
Signature CHARLES A. BOOTH
Approved as to Form:
Office of the King County Prosecuting Attorney
Deputy Prosecuting Attorney
MAYOR. CITY OF AIIBIIRI~I
Title
Date
Federal Taxpayer ID #
ATTEST:
Robin Wohl[ueter, Auburn City Clerk
AS TO FORM:
Michael J. Reynolds, Auburn City
Attorney
12
_ EXHIBIT A
Summary Sheet King County Cultural Resources Division Telephone: (206) 296-75~0 V/TDO
506 Second Avenue, Suite 1115 1-800-325-6165 V/TDD
Seattle, WA 98104-2311
Deadline: December 16, 1994 · Applications must be received by 4:30 pm or postmarked by December 16, 1994.
Late submittals will not be accepted.
Instructions · Read!he Cultuml Facilities Program Guide before filllng out this form.
· Applicants are encouraged to meet with or call Cultural Resources Division staff
prior to submitting a proposal.
· Answer all questlone In the space provided. Do not reduce type or use smaller
than 10 point type. You may cut and paste printed text onto the original form.
· Signatures of organize!Ion director, board prasldent or authorized representative
and project director are required.
· Submit one original end 10 ~opiee of the application.
· Submit two sete of requested attachments.
Uroent Need/Emergency Applications must complete thtis form andthe Urgent
Need/EmenJencyApplicatlon Sheeton page 29. See psge 8, Definitions, for
further Information.
To be completed by all applicants:
please type
Check area of support that
best describes application:
Check all categories that apply:
1. Applicant Organization /
Individual
2. Project Director
s
3. Applicant Organization
Non-Profit Status
and Budget
Summary Information:
Applicant Name: ~2g~t'6~'"El~h-r~--'Ei~i~'E~
Amount Req uested~'2"~7'~,r
[] Arts Program
[] Heritage Program [] Both
[] Facilities
[] Fixed Assets
[] Emergency / Urgent Need
Name:City of Auburn Arts Address: 25 ~est Hain St.
Dlrect°CJosie Emmons CoEIss~: Auburn
Phone: (206) 931-3043 State: WA ~]P: 98001
Name: DetNae Eyan Address: 25 West Main St.
'l~tie: Cultural Programs Spec JD~y: Auburn
Phone: (206) 931-3043
Dateof City 1891/AAC 1984
Incorporetlon:
IRS Identifying
Number. 91-600 ! 228
Council District #: 8/9
Fiscal Year End Date: 12 / 31
State: WA Zip: 98001
Previous Fiscal Yeas
Operating Expar~:litures $ I86,631.91
Previous FL~?_! Year's
Revenues $ 186.631.91
Current Fiscal Years
· Operatl~ Buds! $ 21I r200*
*$30~000 for public art within
Project T~/Descflption.-~iTffll-a~'~,rCi~Ev-~.....iygi, Z_i?.a?~Nilf~%~,Ot~.~-~ City' s capi~al pro] ecC fund
L~n second floor ~a~'~ A~'~
E~l~ted nu~r of ~op~ to ~
~, ~at ~11 hote~tel
Projects!ar!date Septembeg 5 Projec~ end date Sepl:eaber 22
X Check hers if you attended the Facilities Program Application Workshop
FacSlt~JFixed A. ss~t~ Applk~tion Form
I. Organization Background, Accompllshments and Plans
A. Mlulon end go·la. Briefly describe the mission and goals of your organization, group or agency. Summarize the principal
acUvitlss undertaken In the last two years to meet your mission.
The City of Auburn Arts Commission is a local aris agency. Our mission is to foster cultural growth
end enrichment within the community while sponsoring program· which ·re representative of the ert~
spectnJm and reflect the diversity df Auburn. The goal· of the Auburn Arts Commission, ·s established in
the Commission's 1994 annual planning meeting, are: To promote the arts as a community-building activity
that embrace~ th· diversity of Auburn; to expand and explore opportunities for the expression of art and art
activities, keeping art and art activities accessible ·nd afford·bi·; to continue to advocate for art and artists;
end to continue to be s visible pres·nc· in the community which promote· ·nd supports artist~.
B. Cunent programmlng/eenrlcee. Briefly describe your organization's current programming and public services provided.
The AAC focu·es on the following: Visuel'lrts'pressntatkX~l; Art in Public Places;
1~~8~RA__Vgl .and ..S..~ad,e~ .Of ~,u._m.~.e.r}, ~~..e~ti~.~a..le?~.mu**n..l~.,.t~l!.n!.ca!, aSs.,~c_e.,,a.n.d.,
new this ye·r, r4~ra~t!ng~t~'.C.9 .mmun_it~,.a~',~ga_n.l.z~.a~?~..~ !n .~ uu,~, a,uuu m??ou_?
gallery space and 37 a~tis~"pa~;cipated in the program, w~th tn· exception o! me u~L4~vu, ~enes,
activities sponsored by the AAC are free. In 1£.94 approximately 25,000 persons participated in our
programs and we provided support for 650 artists and arts organizations. Principle accomplishments for
1994 were: Expansion of the BRAVOI Series; creation of Bunks No Tsu (Japanese American Art) City Hall
Exh~it; commissioning Garth Edwards to create a major art pi·z· in downtown Auburn; the refining of our
Arts-in-Education Program through the expansion of our Youth Arts Month Festival; ;,nd the succes·ful
technical assistance provided to Evergreen City Ballet, which enabled them to produce · fully-staged
Nutcracker with · 53-piece orchestra.
C. ~ntlce erie. Descrt)e the ~eoora~hlc ama served by your organization.
~ also. serves persons res,dm~g~.n_9..n.L_n~.~r~.t:e~:!~..:~l!.KJng C6~nty ·.nd.. North Pierce Count.
D. ~{aJ~ii)ll~h~t~: GtV~ k br~ hl:~r~f ~-u'~ '6'~lza{i°n'e mai°r accomplL*'t)htents: 'Wtat rnaj°r hardship·/'
The Commission's primary purpose is to provide an overall heightened awareness of the arts and to educate
the community while supporting local and regional ~rtista. The AAC was founded in 1985 end, at that
time, primarily focused on a few outdoor summer perform·ncaa. The AAC has developed into a major local
arts agency with a budget of $211,200 in 1995, plus an additional $30,000 for publlic art. The
Commission is strongly supported by both the Administration & City Council. Auburn citizens benefit from
& support our programs as exhibited by the numbers who attend the Shades of Summer Series (6,400 in
1994} and the BRAVOI Series (3,744 in fall 1994 ·lone}. The City Hall Exhibit program is emerging &
slowly attracting · wider audience. We have implemented I 'First Wednesday' program with the intent of
drawing more etterff~on to our exhibits & are reaching out to Auburn's Japanese American community
through Bunks No Tau, 'l month of culture,' which provides Japanese American artists an opportunity to
showcase their work.
E. ADA and audience dlverslty. Describe your organization's current programs and/or futura plar~ to: 1) achieve cor~oli-
ance with the Amerioans w~th Disabilities Acl and 2) reach participants and audiences of diverse cultural backgrounds.
The City of Auburn is iff compliance with ADA in all facilities. Specific challenges to the visual arts exhibits
ere that we do not offer audio descriptions of the work. As the program develops, we will seek resources
to offer this service. The exhibit space is located on the second floor foyer of Auburn City Hall.
Wheelchair-confined persons are able to reach the exhibit by elevato~. Staff is aware of the required codes
needed between panels and walls. The Commission is completely committed to presenting work from
artists of all backgrounds and expanding the awareness of cultures. An example of this is BunEa No Tsu.
The exhibit featured Sumi-e, Kake-mono, and Kokeshi dolls. We are currently WorJdng with Jay Shinseld, a
member of tho Commission and priest of the Auburn White River Buddhist Temple, to expand its scope and
provide opportunities for contemporary Japanese American artists. Bunk· No Tau will take place in May
1995.
Long range plannln~ Has your organization completed a long range plan (required for all applications except fixed assets
under $25,000)? If so. please attach a copy. (label as attachment 'E').
No. The AAC has not completed a long-range plan. The AIPP Comma[tee has recently completed a long-
range plan only for the Public Art program. 17
Fn~i[R~-d~F/xt~ A~.~ts App~taflon Form
project D~criptlon (questions A-H f~ ~ appli~m; questio~ l-J for facilities applique ques~on K for fix~ ~t
~li~)
~ ~d~ the project for which y~ am ~kl~ ~
~e C~ Hell exhibit lpace ~ ~t~ ~e ~ ~ foy~ of A~m ~ Hall. '~e foy~ ~ o~
~p~ ~at adjoins the west I~ ea~ ~g; of ~ ~i~i~. ~en ~ .~ ~ ~t ~, ~r~, ~ ~
se~es ns a seating ares for ~e general public. ~e size of'~e foy~ h npproximatsly 24'X~' nM
oved~ ~e first fl~r enhance lobby. ~e building ~ ~ ~o st~es w~ fl~r to ceiling gin, ~
provides excellent natural light to ~e exhib~ space du~ng ~e summ~ mon~. Unfo~nats~ ~e on~
source of a~flcial light in ~e foyer is ove~ead r~ed ceiling fi~re;. ~ese fi~ures are ve~ di~cu~ to
wo~ w~ ~cause they do not pivot. ~i. gr~dy limM ~e space ~ which ~o we are able ~ w~
~cause ~e panels must be plac~ dir~ under each ceiling fi~, creating ~allanges ~ ~
ins~lla~on of each exhib~. ~r~gh m~ey ~om ~is gran~ wa h~ to obtain 14 feat of ~ to
s~etch n~ng ~e ceiling of ~e exhibit space. ~ac~ wigan ~ ~flg ~ll ~ 24 removable fl~ur, ~
~vo~og ~d;.
~e ~s~ls we are cu~en~y using do n~ have covers to ~ot~ ~o~. ~ ~e purc~ ~ Mw
~deatal; ~th prote~ve cases, we ~li ~ able to ;~urely exhibit ~nglie and valuable pitH, ~ere~
broadening ~e ~o~ of wo~ we ~n bring to ~e commune. ~ ~ma~ fi~res t'~ ha~ing ~
dimenel~nl n~o~ are five display panels. ~e mate~al ~ ~e ~nels I~a light cream c~ aM ve~
di~cult to keep clean. ~a Commission would like to re~over the old panels and purchase ~o addi~onal
panels, increasing ~e numar of pain~ngs we can display.
.2.
The 1995 exhibit season includes the work of both individual and group shows. Each exhibit, one month k~
duration, begins with a special opening the first Wednesday of the month. Exhibits scheduled for 1995 are:
February, Garth Edwards; March, Youth Arts Month; April, Green River Community College; May, Bunka No
Tsu; June, Nancy Clendaniel; July, Valley Artist Association; August, Lorraine Denzler; September, Auburn
Art Teachers; October, Annual Photography Show; November, Chris Lehwalder; December, Bernie Bleha.
The Auburn Arts Commission firmly believes that schedules such as this one clearly demonatrats our
commitment to providing opportunities for professional and non-professional artists while concun'enfly
eddcating the public.
An example of this philosophy is the scheduled exhibit in February of nationally known artist Garth
Edwards. Mr. Edwards is currently installing a major public art project in our downtown corridor. The
purpose of his exhibit is to use his work as an educational tool to teach the public about his work and
introduce them to a new art form. Although the work of the Aubum Valley Artists Association is very
different than Mr. Edwards', it nonetheless provides non-professional local artists an opportunity to
ehowcase their work in e semi-professional setting, allowing them to strive for highe~ atandarde of
excellence.
B. Project Importance. Explain why this project Is important to the delivery of your organization's ~e~vlces or programs.
What will future programming be as a result of this project?
Auburn, within city limits, has no galleries and only one framing shop. The closest opportunity for
residents to view art i~ tile gallery at Green River Community College. Unfortunately, the general
community does not often, visit this space because of its location on a college campus~. Thus, the AAC
believes it ia imperative to provide a local space for showcasing the work of our visual artists. We are the
only opportunity for local potters, painters, sculptors, etc., to exhibit and sell their work. In addition, this
prOgram educates and broadens the awareness of the general public to the visual arts. The Commission
providee this space as a public service and considers it as an important element to the fulfillment of our
minion. --
C. Length of u~e. Indicate the Intended lenoth of uss of the orooosad orolect and/or fixed asset(s).
The new tracking and fixtures will be used for at least ten years. The City Hall Exhibit program il now
entering into its fourth season. What began as a space periodically used for hanging artwork on homemade
panels has grown into eleven months of rotating exhibits. There are plans to remodel City Hall, the timeline
of which has not been securely established. The Commission, administration, end City Council are
committed to the prosperity and development of the City Hall Exhibit program; thus, this space will not be
affected.
Facllit~F'lxe~ Az~eB Api~catlon Form
2. Project Description continued
O. Facility ownemhlp and tenancy. Indicate the owner of the facility, ff different from cultural t~nant(s). D~scnt=e the lease or.
agreement governing the length of time the tenants listed above will use the facility, including terms that assure continued
te nancy. Attach a copy of the current lease or a letter of agreement governing future use (b~el ~ attachment
The dl~olay R~ce II within the building of Auburn City Hal. The City of Auburn Art~ Commission is a
funcl~m of the City of Auburn and the apace will solely be Idrnlnisternd by the AAC.
Primary and seconda~/tenants of facility, list the projected prtmary and secondary tenants c,f the facility, both culturaJ
and non-cultural, and briefly de~cnt)e how they will use the facility. Indicate the pementage of time each orga,!z==flqn will be
using the facility in a one-year period. Attach letters of intent to use facility (label as attachment '1').
The primary tenant of the display space is the City of Auburn A~ Commission. The genre'al public and
City Hall employees pass through the apace as they conduct official business. Art exhibits are rotated on a
monthly basis. All work exhibited ii subject to approval by the AAC.
List the project's key participants, Including members of your technical, artistic and administrative staff, outside consult-
ants, constn.,ction management, etc. and their respective qualifications and responsbilitles. Ple-'Lse attach resumes for
each (label aa attachment 'K").
The project will be coordinated by De'Nas Ryan (Cultural Programs Specialist, resume attached). JesSe
Emmona (Cultural Programs Manager) will approve all plans end review the achedul,B. Ken Gunter, the City
of Auburn's electrician, is a journeyman electrician licensed with the State of Washington. Tony Baca is the
City's Building Manager and serves as the liaison between the project coordinator and the City to ensure
that all necessary permits are obtained in a timely fashion. Artech was selected to provide a quote for the
panels and pedestals due to their superior reputation for building fixtures for art exhibits. A majgx client of
Artech is the Seattle Art Museum. Three contractors have met with the project coordinator and City
electrician to review the project space and provide an estimate for electrical work. A contractor has not yet
been selected. These contractors were chosen on the advice of Mr. Gunter. Rosendin Electric is a State
Certified MWB.
19
F'ieilitk~'[x~d A~e~- Apldt,.--tjon Form
· 2. P~ject Description continued
O, If you am applying 1or funding lo purchaea a building, identify the building (address or ~tion).
ff you am appyng for funding to pumha~ fixed aeaet(s), identify Ihe equipment (make or moc~l number) and __~__,
Indicate any auxiliary requirements this pumhase will neceasRate, such as Increased power ~upply. etc.
The CommL~lon i~ applying for funding to purcha~ lighting, tracking, pedsstals, display panels, and plexi
boxe~. These Improvements will require minimal building renovations.
Rxed Assets:
Build 2 new display panels, re-cover 5 existing panels $1,970.84
Materials for above panel~ 655.00
Build 3 display pedestals (20 23.5'x23:5'x34'h, I O 16'x16'x36'h) 222.00
Materials for display pedestals 110.00
Clear Hex Vitrine 870.00
Building Renovations:
2-
9
3
2
10
2
24
24
24
TOTAL
Fixtures, tracking
Item Descriotion/Part Number
L650M8 FIXT/HALL650M8
L651MB 4FT BLK TRAC/HALL651MB
L652MB 8FT BLK TRAC/HALL652MB
L902MB CONN/HALL902MB
L901 MB BLK PLUGIN CONN/HALLg01 MB
L908MB BLK MINI CONNECTOR/HALL908MB
L1701MBX TRAC LA MPHOLDER/HALL1701MBX
L284MB LT SHIELD/~-'.AI 1964MB
18058-75PAR30/NFL/H-130V
GEN75P30HN FL2.5130
Price Each Total
9.72 $ 19.44
18.90 170.10
35.72 107.16
17.19 34.38
6.22 62.20
4.7,3 9.46
20.O0 480.00
11.19 268.56
9.19 220.56
Panels and pedestals {inc: plex, iboxes) - Artech
~ghting - All Phase Electric Supply
$1371.86
Chec~ here ff attaching a more detailed list (label as attachment 'd').
Facillti~/Flxed Asses Appelation Form
2. Project Description continued
H. Communify Suppo~ Descrbe the community suppon for your project (financial, in-kind services, etc.).
Ntach letler of suppo~
This project la Ittongh/supported by both artists and gallery pstronl. Letterl of supl:)ort ire attached, as
are copies from our comment book referring to the need for better lighting, For the past two budget cycles.
a request has been made for this renovation, however, it has not been funded. Source of funds is our only
potential source at this time for these needed improvements; however, the City of Auburn will provide in-
kind support for project consultation and installation, utilizing the services of the CiD/'I Building Divielcm and
electrician.
If you are applying for funding for construction or renovation, provide information (Including dates) about the beginning,
end and benchman~ aocompllahments of the pmjec~ Coy phase, if appmp~ate), ff project is currently in progress, describe
the phase(s) already completed, Including the time elapsed and costs Incuffed to date.
It is anticipated the entire renovation will only take two weeks; however, our schedu'le allows for three
weeks, thus providing time for unexpected situations. The plan ie to install the lighting in September.
immediately followfl~ Labor Day.
If you are renovating · facility you am currently occupying, phase explain how your organization will manage its
programs during the construction/renovation process. Will programs be cu~alied? Will your facility be closed, partialy or
fulty? For bow long? Will staff be laid-off temporarily? Please explain.
Currently scheduled la the annual Auburn Art Teachers Exhibit in September. If this project is funded, that
show will be moved to January 1996. The art teachers are aware and supportive of this potential schedule
change. The renovations will only minimally affect the normal traffic flow of City Halll, and we plan to
continue to provide accessible pathways to City Hall offices during the renovation. No staff will be lald off
and it will not be necessary to hire additional staff to manage the project.
21
~ciliti~s~ixcd J~s~U AppBc~tlon ~orm
2. Project Description continued
K. Fixed asset(s) ownemhlp and usage (for fixed assets al~olications only). Indicate the owner, primary user and/or collabo-
rating pa~lner(s), where applicable. Attach letter of agreement governing use of lixed asset(s) (label as attachment 'M').
The City of Auburn will be the sole owner and user of the fixed assets.
3. Community Need and Impact
How does the programming or content of your project meet the needs of, add to the cultural vitality of, or enhance the profle
of your commur~y, county or region? What impact will it have? Please attach letters of ~Jl~OOrt from community raprasen-
tatJve~ (label as attachment 'N').
· As stated earlier, the ?xhibit program is extrsm.e...ly im...l?~r, lan.t, to.tha cultural vi?lRY_0~A_u_bu~,.~..____Th~_?ou~oirn~ply
is no other formal exhebit space in the community wmcn ac~ve;y supports she nur[ure· ·
professional and amateur artists. This space has become s focal point for the commumty and'a gaining in
recognition. City Hall employees and the general, public !ook f.or~v, ard. to the monthly changing exhibits. Wa
have witnessed a growth of appreciation and unosrstanoing or wsua! art since the beginn~ing of this
program and ar3 committed to ensuring that the exhibit program continue and flourish. The new lighting
and display fixtures will enable us to show · greater variety of work. In turn, those who view the exhibit
will see new types of work and will be challenged to expand their knowledge and unders'tanding of
contemporary art.
4. Post-project Maintenance and Operation
How will the completed project affect your operating budget during and after construction or purchase of fixed
aseete? Explain how additional expenses will bo met. For example, will the project Increase your pirogrammatlc activity,
increase/decrease earned income, raise/lower maintenance costs, reduce/increase staff levels? etc.
The Auburn Arts Commission'l operating budget will not be affected by this i~'oject. Should there be
additional expenses, we will t~/to meet those through the in-kind services of the City's Building Division.
',Ct wi l increase our programmatic ac~.vi~/, in th.at it w? al. low us to..?how .a grea.~t,e.r- v_a.n:_e~_of, her*
s,.c. th. spec. ,s with,n a pub,lc bu,,d,ng a.o comp,.t.,y ,cc.ss,o,. ,o
will be no increase or decrease of income. Maintenance costs are anticipated to be minimal (light bulbs}
and will be allowed for during the annual budget cycle. Eventually, the AAC would llke 'to hire s visual arts
coordinator who would manage this program and the AIPP. However. it is not anticipated this position will
be approved in the next budget cycle; thus. staffing will not be affected.
22
F~cl]itl~,/FL~ed A.~s~t~ Appllr~flon Form
5. Financial Information
A. Prior funding. Us{ funding received from the King County Arts Commission and/or the King County Landmarks and
Herltage Commission from all programs including Cultural Facilities, In the last two years.
CS Uterery Arts 1993 - ~1,250
King County Touring 1993 - $2,135
CX Susta~U'S'~pport 1994 - $3,487
B. Audit or Independent financial review. NI applicants are required to provide either a certif~:f audit, financial mviow, or
compilation prepared by a Certified Public Accountant (independent of the organization) for Its most recently completed
fiscal year. Indicate which documentation is being submitted below and attach report(s) to application.
Aubum Arts Commission Period 13 1994 budget actual,= attached, as well as 1995 budget allocations as
compiled by City of Auburn Finance Department.
C. Tax procedure~ Describe your organization's procedures for collecting and paying withholding taxes.
All tax procedures are handled through the City of Auburn Finance Department.
D. Lines of credit. Provide summary Information on lines of credit with banks, and the level Ct use, if ;~oplicable.
Not applicable
E. Pending legal action. List and describe any pending litigation or potential litigation InvoNing your organization.
The Auburn Arts Commission is not involved in any pending litigation ~ potential litig,atlon.
FaciUtk~Tlxed Asset~ Application Form
6. Project Budget: Income and Expenses Complete the budget information that is al:propriate to your application
A. EXPENSES Csah In-Kind
Cost breakdown by phase including feasibility studies, architectural,
design, engineering and other consultant fees. design development.
schematics, construction drawings, bid documents:
Arts Commission staff (Prolect Coordinator and
Cultural Programs Manager)
.City technical staff (Electrician, Building
Manager)
SUB.TOTAL:
Construction/Renovation Budgete
COst estimate breakdown Including labor, materials, overhead:
Fixtures, tracking, shields, lamos
Electrical contractor
City technical staff (Electrician~ Buildin8
Manager, Buildin$ Inspector)
SU~TOTAL:
2.662.00
282.00
2,g&&.O0
$ 1.372.0L
$ 2,610.00
$
$
$ 3,982.0,0___
1,036.00
1,0~6.00
Flxeg Assets (equipment, fixtures, furnishings)
For fiedassets applica#ons, specify Item(s) and cost (including
applicable tax); for facilities applications that Include fixed assets,
list general categories here and attach Item[zed list:
Panels, pedestals
SUB-TOTAL:
4. Purchase of Faclllt~
cost estimale breakdown including purchase pdce, commissions,
mortgage fees, closing costs:
SUB-TOTAL:
5, Soft Costs (permits, Insurance, bongs, sales tax, etc.)
Sales tax: Fixturest trackin~, shields~
lamp ($112); panels/pedestals ($338);
electrical ($214). Pick up/delivery ($295)
6. Financing Costs:
7. Fungrelslng Costs:
8. Contlngem.'y (suggest at least 5%, see page 11):
9. Grand Total In-King Contributions (1-9) SUB-TOTAL:
Grang Total Project ExPenses (1-9) SUB-TOTAL:
GRAND TOTAL PROJECT COST (In-kind ,,. Project Expenses)
3,828.00 $
$
$ $
S 3 ~ 828.00._.
$ $
$
$
$ $
$. 959.00 $
$ $
$
$
$, ~,38.00
$..9,207.00
$ 13.187.00__
$
$
$ 3,980.00
F~lllt;es/F'txed Assets Applkatk, n Form
6. Project Budget continued
6B. INCOME (Capital Sources)
1. Earned Income
Projected Check If ]~ou Amount
Incoma have spplrled Confirmed
$ $
2. Applicant's Own Cash
Corporations (identify)
4. Foundations (identify)
Government (including federal, regional and
local agencies)
6. Individuals (identify board commitments)
?. Other (loans. special taxes, k~vys, bonds, etc.).
8. Amount requested from Hotel~Vlotel Fund
$ [] $
$ [] $
$ [] $
$.~9'~ 207~
Total Projected Incoma
Total Funds Comflrmed
%9,207
Total hard costs of project requested from Hotel/Motel fund.
25
Faeil|t~ixed Assets App~lcal~on ]~orm
7. Funding Strategy
A. Budget Development. How was the project budget developed? If the above is a pmlimina~ t,Jdget arrived at without ·
firm bids, please explain how the cost estimates were determined.
Through consultation with the City of Auburn electrician; ~everal employees from the Public Worl~
DePartment; Artech; end the commercial electrical companies of Fuller Electric, Ed Roaendin Electric, Inc.,
and D.W. Clo~e Co., Inc., estimates and bids have been obtained for labor and materials required for this
project.
B. Cash Flow Neede (forarts organizations only). Descn'be your organization's cash flow needs lot this project, by year:.
995s 996 s
C. Fundreislng Plan (fora#applicants). Describe your organization's capital fundraising plan, Its goal, timeline, and
progress to date. If you have not yet begun your capital campaign, descrfoe your plans· Be as spocir~c as possible
about the sources you have or will approach. Attach a copy of your fundraising timeline (label as attachment 'G~).
N/A. King County is the sole f~mding ~o~Jrce for this project, with in-kind aupport provided by the City of
Auburn.
26
Fa~liitk:~'~cd A~t~ Application Form
D. Prior Fundraislng Experience. Has your organization ever raised capital funds (or worked with a fundraislng
consultant) in the past? If yes, please explain, including the purpose for which the funds ware raised, the amount.
prima~y soumes and timeline. Was the project completed?
N/A
E. For facilities designed to accomedate a variety of cultural organizations or activities: NNhat commitments have
been made, both financial and programmatic, from cultural organizations and local Jufisd~ions to ensure continued
and full OCCupancy of your facility?
N/A
F. Contingency Plan. [f you am unable to raise the total amount required for completion of your project, wha~ is your
contingency plan to reduce the scope of work? Please explain.
If we do not receive funding f~ this project, the exhibit space will continue to be used for monthly sxhibit~
in itl present condition. If we receive partial funding, our priority is to install the lighting fixtures.
Form
, $. Total'Organization Budget For o~ganizations only. Govemments artach most recent audit and pe~linent depart-
ment budget (label as attachment 'D°)
Please list your organization's total budget history for the past two years, currant f~ures for FY94, and proposed budgets
for the next two years. If projected figures demonstrate an Increase or decrease of more than 110% from the previous year,
please explain briefly the reasons for the change:
Note: Budget figures for FY92 P/93 Ai~CED
If new facility or fixed asset becomes oper~tional after FYg5, fill o~t last column and Indicate year.
EARNED INCOME
Admissions/Box Office $
Co ncesslo ns/Re rite/Sales $
Tuition/Workshop Fees $
Publications $
other(spec~) 4th of S
~ub-Total .luly booths
Earned Income $
UNEARNED & GOVT.
Corporate Contrbutlons
Individual Contr~utions
Foundation Contn'butlons
Govt. (Ident~):
~RAC.
King county
Other unearned: .__
Sub-Total Unearned
& Govt. Income
TOTAL INCOME $
FY92 FY93 FY94 1:%'95 FY96 FY __
Actual Actual Projected Projected Projected Projected
$
$
$
$
$
$
$
$
$
$
$
39,385 $ 49,948 $ N/A to
$ this
832 $ 90__~.0 S
40,217 $ 50,848 $
5,400 $ 6,600
1,000
800
4.258
S $,
146,414.915 160,352 $
$ $186,631.915 211,200 $ $
OPERATING EXPENSES
Personnel: Administrative $
Artistic $
TectVProductlon $
Program Operating Exp. $
Outside Prof. Services $
,.~pace Rental $
Utilities $
Maintenance $
Equipment Purchase $
Equip. Rental/Supplies $
Travel/Transportation $
Advmllslng/Premo/Mktg $
Other Exp.: $
TOTAL EXPEHSES $
Surplus (Deficit) $
$. $ 91,316.885.102,900
$ $ 5,147.35 $ 5.500
$ $ 3~831.78 $ 4~800
$ $ $
$ $ 61,586.98 $ 68,000
$ S $.
$ $ 2,287.86 $ 2,300
$ $. 3,472.93 $ 5,000
$ $ $
$ $ 62.90 $ 300
$ $ 10.904.22 $ 9.600
$ S S
$ $186,631.915 211,200 $
$ $ - $ - $
$
$
FacnRies/Fixed Assets Applicaflen Form
9. Attachments Checklist
Required
C.
D.
Include two sets of attachments with your original application form.
Check the attachments you have included below and label each attachment by
the letter indicated.
Ust of board of directors, including professional affiliations and length of service
~_._~ff non-profR organization, copy of IRS determination letter
Brief history or record of artistic, heritage or cultural accomplishments
Copy of independent financial review, compilation or independent audit for the most recently completed fiscal
year (see p. 11, Application Conten~ #14). (Note: These documents must be submitted by the application
deadline)
Copy of long-range plan (Not required for fixed assets applications under $25,000)
Project timeline
Fundralsing plan and timeline that demonstrates ability to raise project funds and sustairl~ operational capacity
dudng the project and beyond project completion
For facilities projects only: Copy of current lease (if renovating leased facility) or stateme,nt of ownership interest
in real property (list all loans secured by the property and all liens and other encumbrances)
Letter(s) of intent to use facility from primary tenant, secondary tenants and/or collaborating partner(s)
Detailed list of fixed assets to be purchased (if included in application request), including cost (see page 19)
Attach If ap.1311cable:
K. 1/' List of key staff, length of service, whether full-time (F/T), part time (P/T) or volunteer (V), and resumes of key
staff of organization
L .~"","! Letters.of support and participation by collaborating partners
M. r///3 Letters o! agreement governing use of fixed assets
N. ~ ~ Evidence of community support, including letters of support, etc.
· O. ~ Activities/program schedule for the current year
In addition, facilities applicants should submit the following, If applicable:
P. ~ A oompleted feasibility study or detailed statement of need
Q. %'"' Current illustrations (master plan, site plan, design drawings [not to exceed 8'x10' and labelled to indicate date
completed])
R. ~ Photos of facility to be renovated showing existing conditions.
10. Signatures
(Use black ink)
Each signatory declares the s/he Is an authorized official of the applicant non-
profit organization or Individual representative, is authorized to make this
application, and will assure that any funds received as a result of this application
are used only for the purposes set forth herein.
A. Organization Director:.
Signature ol individual authorized to commit appli.~nt in tinanciai ~;t~.~r~i.~ Date
S. Board President or Authorizing Offlcl~~*f~?~
C. Project Director: ~ ~,/ -/~-~' ' ' ~ - -
$ignatt~ct~Dir~0~?~'4~'~''
29
EXHIBIT B
King County Cultural Resources Division
Cultural Facilities Program
Public Benefit Considerations for Auburn Arts Commission
To ensure that the citizens of the region receive real economic value in consideration for the
funding to enhance it%public art gallery, Auburn Arts Commission ("Contractor") shall be
obligated to provide substantial benefits to the public (the "Public Service Obligations"). The
Public Service Obligations consist of the "Useful Life Obligations," set forth in Section I
below, and the "Quantifiable Public Benefits" obligations, set for in Section II below.
Section !: Useful Life Obligations. COntractor agrees to undertake the following public benefit
requirements for the duration of the useful life of the equipment and gallery improvements
purchased pursuant to this contract:
A. Contractor shall operate and maintain the equipment purchased with County fumds for the
public good and will operate the City HaH art gallery as a high quality gallery worthy of public
confidence and pride;
B. Contractor shall, as reasonable and appropriate, affirmatively provide programs,
performances, exhibition and/or educational opportunities for residents of diverse cultural and
ethnic backgrounds and recruit audiences, staff and commission members reflecting the ethnic
and cultural diversity of the region.
Section Il: Ouantifiable Public Benefits obligations. Contractor agrees to provide the
following quantifiable public benefit:
A. Free Admission: Auburn's City Hall gallery is currently open to the public free of
charge. For the purposes of this contract and as long as Auhnm Arts Commission's
gallery remains open to the public without charge, the County will consider the re[~lar
operation of the gallery, and the maintenance of the equipment purchased with County
funds, to be the "public benefit."
B. In the event financial duress at some future date requires the Contractor to implement a paid
admissions policy, the Contractor will establish a program or service that will be available to
the general public, or to a targeted group such as seniors or school groups, at no cost to
comply with the quantifiable public benefit provisions of this contract.
C. In ihe event Section II: B occurs, Contractor agrees to maintain records of all tSrce
services it provides, in order to quantify the public benefit generated by those services.
The value of any public benefit program will be determined by its actual cost.
D. With regard to the Quantifiable Public Benefit identified above, at the completion of this
first reporting year, and every year thereafter, the parties will review the annual report to
determine if Contractor is in substantial compliance with the Quantifiable Public Benefits
obligations. The County shall determine whether the Contractor has substantially complied
with its Quantifiable Public Benefits obligations. If the Contractor is not in substantial
compliance, the County will notify the Contractor in writing and the Contractor shall be
obligated to propose, for County approval, a new mix of Quantifiable Public Benefits in
order to satisfy the public benefit obligation of $1,500.00 in services provided; such
County approval will not be unreasonably withheld.
EXHIBIT B
Public Benefit Con,siderations, Auburn Arts Commission
Page 2
E. In the event admission charge is established at any time during the next ten year,,;, the value
of the Public Benefit shall total $150.00 for each year remaining in the ten year peri~xl for
which the public benefits are required.
King Counq,
Cultural Resources Division
Parks, Planning and
Arts Commission
Land. larks Commission
Smilh Tower Building
506 Second Avenue, Room 1115
Seattle. Washington 98104
(206) 296-7580 V~DD 296-7580
August 3, 1995
Fred Stephens, Director, Department of Executive Administration
Leonard Garfield, Manager, Cultural Resources Division
Waiver from Standard Procurement Procedures and MWB Requireme~s;~.
Auburn Arts Commission
The Cultural Resources Division requests approval of a waiver from standard procurement
procedures and MWB requirements for a contract with Auburn Arts Commission (AAC). AAC
was awarded $5,000 by the King County Arts Commission through the Cultural Facilities
Program to install gallery lighting and construct new display cabinets and pedestals for Auburn's
City Hall art gallery.
The electrician who will be insudling the lighting track and instruments is an employee of the City
of Auburn. His labor costs will be paid by Auburn. King County funds, however, will be used to
purchase materials (track, fixtures, dimmers, cable, connectors, etc.). There are no MWB
electrical supplies vendors in Auburn. The City would prefer to purchase the materials from an
Auburn supplier, All-Phase Electric. The cost of the materials is approximately $1,000.
The second component of the gallery upgrade project is to build new display cabinets, m-surface
older ones and build pedestals to display small sculptures. An Auburn carpenter built the original
cabinets. For the sake of continuity and consistency, the Auburn Arts Commission would like to
engage the same carpenter to make the additional cabinets and pedestals. The cabinets and
pedestals will cost approximately $4,000.
Thank you for considering this matter. Please contact Jim Kelly, Cultural Facilities Program
Coordinator, at 296-8671 should you have questions or need further information.
Certification:
I hereby certify that the facts and statements concerning this request for a waiver from standard
procurement procedures and MWB requirements are accurate to the best of my knowledge.
Manag~r~Cul, ,~al Resour~?s Division
M~ hasing
DirecXrcff, E x'e~ u fi v~'~hini [tr ati o n
Dat//
^pp e/ i approvc
D~e
Date
Date
l-wc- Washington Cities Insurance
Authority
· RECEIVED BY
20-$an-95
669
King County Arts Corem
ATTN: Charli¢ Rathbum
I 115 Smith Tower
Seattle,WA 98104.
FINANCE DEP~
RE: City of Auburn
City activities, as respects County Arts Grant.
Evidence of Coverage
The above ~ptioned entity is a member of the Washington Cities Insurance ~uthodty
(WCIA), which is a selfinsurezt pool of over 86 municipal corporations in the State of
Washington.
WCIA has at least $1 million per occurrenc~ combined single limit ofUability coverag,
in its self insured layer that may be applicable in the event an incident ocx:urs that is
deemed to bo attributed to .the negligence of the member.
WCIA is an Intedoeal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WClA is not tm
insurance company, your organization cannot bo named as an "additional insured'.
Sincerely, ' ·
David Hayasaka, CPCU, ARM
Assistant Director for Operations
ce
Victor Thompson
Josie Emmons
'ii, I llq
.One Renton Place, Suite 760. 555 South Rcnton Village Place, Renton. WA 98055
(206) 764~6471 Fax 764-4067
TOTAL P. 01
DEC-~1-1995
(Klng'County
Department of Executive Administration
Pun:basing Agency
6g0 King County A~rnini$!ration Building
500 Fourth Avenue
Seat'de, Washington 98104
P. 03 0:'~:
Personnel Inventory Report
Revised T/92
Legal Name of Business .... City of Auburn
Telephone No.__931-~Q43
Aisc Doing Business as (DBA) .
Address ,25 West Ma±a City Auburn State_ WA TipS800!
DO ANY OF YOUR EMPLOYEES BELONG TO A UNION AND/OR DO YOU USE AN EMPLOYEE REFERRAL AGENCY?
YES _ x× 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 or employee referral agencies must subm!~
a statement of compliance with King County Code Chapter 12.16,
DO YOU HAVE ANY EMPLOYEES? YES xx NO ,. If yes, list on the Employment Data Cha~ below the total
number of employees for all businesses located in (1) King County. If none, list the total number o[ employees for all businesses
located in (2) VVashington State. If none, list the total numbeF'of employees for all businesses located in the (3) United States,
indicate which locale (t, ;~, 3) report covers: ,.
Nati~,e
African
Minority Handicap
Employmen~ Data! Whites Americans Asians Americans Hispanics Handicap Sub-Total Sub-Total
M t F M F M F M F M F M F M F M I F
Job Categories
Managerial 4 2
Professional 2 6
Technical I 3
Clerical
Sales
Service
Labor 14 2
On-Job Trainees
Apprentice
'Skilled Craft
Sub-Total
23 l0 I
*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 (circle one): [King County, Washington State, Other States] for the Payroll Period
ending (MONTH/DAY/YEAR): !0,/3!/95
IRS Employer Iden~cifica,tion Number:
name (print O! ~ype)
Do not write below this line
AA J AFFDATE t CT I CC VENDOR CERTIF!EDSTAMP CS I SM I SF J SH I PSTI TCC FPST