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HomeMy WebLinkAbout4806 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 ORD~Nlklq'CE NO. 4 8 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF THREE THOUSAND SEVEN HUNDRED FORTY-EIGHT AND 00/100 DOLLARS, ($3,748.00), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM THE WASHINGTON STATE ARTS COMMISSION AWARDS PROGRAM. WHEREAS, the Auburn City Council of the City of Auburn must adopt and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Bectlon 1. Pursuant to Chapter 35A.33 RCW the City hereby approves the expenditure and appropriation of a total amount of THREE THOUSAND SEVEN HUNDRED FORTY-EIGHT and 00/100 DOLLARS ($3,748.00), which constitutes a grant pursuant to the Contract between Washington State Arts Commission. 8ectlon 2. The Mayor and Auburn are hereby authorized to the City of Auburn and the City Clerk of the City of execute Contract No. 96137 which will provide grant funding to the City of Auburn Arts Commission for use by the City to render assistance with general operating expenses associated with the programs and services. A copy of Contract No. 96137 is attached hereto and designated Exhibit "A" and is incorporated by reference in this Ordinance. Ordinance No. 4806 November 9, 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. Seatlon 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: City Attorney Ordinance No. 48'06 November 9, 1995 Page 2 WASHINGTON STATE ARTS COMMISSION Awards Program No. 96137 CONTRACT THIS AGREEMENT is made by and between the WASHINGTON STATE ARTS COMMISSION, hereinafter referred to as the COMMISSION, and City of Aubum Arts Commission hereinafter referred to as the CONTRACTOR. If applicable, CONTRACTOR'S Federal Employer Identification Number is ~; CONTRACTOR'S Washington State UBI Number is 690-910-110. WITNESSETH: WHEREAS, The National Endowment for the Arts has made available Federal funds and the Washington State Legislature has made available State funds to the COMMISSION to support arts activities and services under certain terms and conditions; and, WHEREAS, the CONTRACTOR has submitted an application for:. The Organizational Support Program That application is approved and herein incorporated by reference and on file in the Commission's offices. WHEREAS, The COMMISSION finds that the submitted application is eligible for funding; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1 Funds in the amount of $ in Federal funds and a minimum of $ 3.748 (not to exceed $ 3.952) in State funds, for the fiscal year of 1996 (July 1,1995 to June 30, 1996 ) are hereby awarded by the COMMISSION to the CONTRACTOR. The CONTRACTOR agrees to provide matching funds equal to or greater than those funds provided by the COMMISSION. The activity or service funded will begin on November 15. 1995 and end on June 30. 19~{i. Payments will be made in accordance with the payment schedule set forth in Attachment "B" and incorporated herein by reference. If applicable: Federal Catalog of Domestic Assistance Number, ; Federal Grant Number, . 2 The CONTRACTOR agrees that funds shall be expended solely for the activities and services described above, in the approved application, and according to Attachmment "A' Scope of Work attached herein incorporated by reference unless a specific request in writing for a modification has been received from the CONTRACTOR and approval has been granted in writing by the COMMISSION. All funds must be expended by the ending date of this contract unless an extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION. The CONTRACTOR agrees to notify the COMMISSION immediately if any portion of the funds will not be expended with the understanding that unexpended funds will be returned to the COMMISSION by the end of the fiscal year. 3 The CONTRACTOR agrees that a final report will be completed and provided to the COMMISSION within 45 days following the contract ending date. The CONTRACTOR agrees that it will provide the COMMISSION with color slides, glossy black-and-white photographs, clippings, catalogs, programs, reviews, or other printed materials relating to the projects. If no final report is required, it will be noted on Attachment "A" Scope of Work. 4 All rights and obligations of the parties to this contract shall be subject to and governed by the Soecial Terms and Conditions contained in the.text of this contract instrument; Scooe of Work hereto set forth in Attachment "A" and incorporated by reference herein; ~ hereto set forth In Attachment "B" and incorporated by reference herein; General Terms and Condil;ions hereto set forth in Attachment "C" and incorporated by reference herein; and the General Terms and Conditions for Or(3anizational Grant Recioients from the National Endowment for the Arts (if this Contract includes Federal funds) hereto set forth in Attachment 'D" and incorporated by reference herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement. CONTRACTOR: CITY OF AUBURN Organization/Individual Name (please print) Authorizing Official (signature) CHARLES A. BOOTH, MAYOR Authorized to commit organization/individual in financial matters Authorizing Official Title ROBIN WOHLHUETER, AUBURN CITY CLERK WASHINGTON STATE ARTs COMMISSION: Karen Kamara Gose, Executive Director, Official Designated Agent for Monitoring of Contract Date APPROVED AS TO FORM: M~tant Attorney General, State of Washington Auburn City Attorney ATTACHMENT "A" Scope of Work Contractor: City of Auburn Arts Commission No. 96137 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Asslstance with general operating expenses associated with the programs and services detailed in the application for the Organization Support Program (OSP). Special Funding: Flnal Reports are due: The completed form must be received by the Washington State Arts Commission, Awards Program, bv 5:00 P.M.. Auoust 13. 1996, ATTACHMENT "B" Payment Schedule No. 96137 CONTRACTOR: City of Auburn Arts Commission 1. The CONTRACTOR agrees that funds as awarded in section (1) of the CONTRACT and in consideration of section (2) of the CONTRACT, will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: (a) No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section (1) of the CONTRACT; (b) Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; (c) The CONTRACTOR must return all invoice voucher(s) to the COMMISSION no later than the first working day of each designated payment date; (d) Upon receipt by the COMMISSION of an acceptable Payment Schedule, the COMMISSION will provide to the CONTRACTOR the proper invoices, (unless already provided), on which the CONTRACTOR will claim each payment; (e) The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated payment date. (f) The schedule for payment Is as follows: Month/Year Amount December 1995 $3,748 ATTACHMENT "C" GENERAL TERMS AND CONDITIONS DEFINITION~ - As used throughout this contract, the following terms shall have the meaning set forth below: A. "COMMISSION" shall mean the Washington State Arts Commission, of the state of Washington, any division, section, office, unit or other entity of the agency, or any of the officers or other officials lawfully representing that agency. B. "AGENT" shall mean the Executive Director, Washington State Arts Commission, and/or the delegate authorized in wdting to act on his/her behalf. C. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing services under this contract, and shall include all employees of the Cpr~tractor. D. "SUBCONTRACTOR" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier. 1. CONTRACTOR NOT EMPLOYEE OF THE AGENCY - The Contractor and any agents, officers, directors and employees of the Contractor in the performance of this contract are acting as independent contractors and not in any capacity as officers, agents, or employees of the Commission or of the State of Washington. The Commission shall not control or otherwise supervise the manner in which this contract is performed nor withhold or pay any payroll taxes on behalf of the Contractor or the Contractor's employees or agents. Any and all employees of the Contractor or other persons who engage in the performance of any work or services required by the Contractor under this contract shall be considered employees of the Contractor only and not of the Commission nor of any other department or agency of the State of Washington. Any and all claims that might arise under the Worker's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the Contractor's employees or other persons while so engaged in any of the work or service provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. 2. ASSURANCE OF COMPLIANCE - The Contractor assures and certifies that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (4,2 U_S.C. 6101 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101-12213) and, where applicable, Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Washington State Law Against Discrimination, Chapter 49.60 RCW, as well as all regulations of the National Endowment for the Arts issued pursuant to these statutes and that it immediately will take any measures necessary to compty. 1) Title VI of the Civil Rights Act, as amended, the Ace Discrimination Act of 1975, and Title IX of the Education Amendments of 1972 provide that no person in the United States shall on the grounds of race, color, national odgin, age or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 2) Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, as defined in Section 7(6), shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. 3) Americans with Disabilities ACt f"ADA"~ prohibits discrimination on the basis of disability in employment (Title I), State and local government services (Title II), and places of public accommodation and commercial facilities (Title III). This assurance is given in connection with any and all financial assistance received from the Commission after the date this form is signed. This includes payments after such date for financial assistance approved before such date. 8. RIGHT OF INSPECTION - The State Government may inspect and audit the Contractor's financial accounts and records, or may designate a qualified person to do so on its behalf, at any time dudng reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include predisbursement visits to determine the adequacy of the Contractor's accounting system. Financial records must be kept on file for a minimum of three years following the termination of the contract period. The required retention period may be extended by wdtten notification from the Commission. If Federal funds are dedicated to payment of this contract, the Federal Govemment shall be afforded the same right of inspection. ADVANCE PAYMENTS PROHIBITED - No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Commission. 10. SERVICBS WITHIN WASHINGTON - The Contractor agrees that no funds under this contract will be used for activities or services outside the State of Washington, without pr[or authorization of the Commission. 11, FUNDS NOT SUPPLANTING - The Contractor agrees that the funds supporting activities and services under this contract shall not be used to supplant funds normally budgeted for services of the same type. 12~, REGISTRATION WITH DEPARTMENT OF REVENUE - The Contractor shall complete registration with the Department of Revenue, General Administration Building, Olympia, WA 98504., and be responsible for payment of all taxes due on payments made under this contract. 13. LICENSING. ACCREDITATION AND REGISTRATION -The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract. In the performance under this contract, the Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations. 14.. LIMITATION OF AUTHORITY - This contract contains the entire agreement of the parties. All understandings, oral or otherwise, not contained in this contract are not part of this contract. Only the Commission Agent or Agent's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by all parties, and attached hereto. 15. WAIVER OF DEFAULT - Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of 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 in writing, signed by the Commission's designated Agent and attached to the original contract. 1{i. TERMINATION - The Commission many, upon fifteen (:15) days wdtten notice, for non-fulfillment of contractual terms or when deemed to be in the best interests of the Commission, terminate this contract at any time in whole or in part. If this contract is so terminated, the Commission shall be liable only for payment in accordance with the terms of this agreement for services rendered or costs incurred and documented by the Contractor on Commission forms prior to the effective date of termination, it is specifically understood and agreed that the Commission may terminate this contract if, and in the event that, funding from the State or Federal Government is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal termination. 17, GOVERNING LAW - This contract shall be governed by the laws of the state of Washington. in the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. 3 A19-1A STATE OF WASHINGTON INVOICE VOUCHER AGENCY NAME Washington State Arts Commission 234 E 8th Ave. P O Box 42675 Olympia WA 98504-2675 VENDOR OR CLAIMANT (Warrant ia to be payable to) City of Auburn Arts Commission 25 West Main Street Auburn, WA 98001 AGENCY USE ONLY P.R. OR AUTH. NO.1 AGENCYNO. LOCA~ONCODE 387 INSTRUCTIONS TO VENDOR OR CLAIMANT' Submit th;s form to c/aim payment for materials, merchandise or services. Show complete detail fof each item. Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, mercham dise or services furnished to the State of Washington, and that all goods furnished and/or services rendered have been provided without discrimina- tion because of age, sex, marital status, race, creed, color, national origin, handicap, reJigion, or Vietnam era or disabled veterans status ' ---~r DATE RECEIVED FOR AGENCY USE FEDERAL I.D NO, OR SOCIAL SECURITY NO. (For Repoding Personal Services Contract Payments to I.R.S.) DATE PREPARED BY DECRIPTION ~.wa[~a Ffo~lfam FY'95 (Organizational Suppport Program) QUANT~Y Assistance with the organization's annual operatingexpenses. State Total: Federal Total: ;ontract # 96137 =or December 1995 {fotal Payment) DOC, DATE CURRENT DOC, NO. REF, DOC NO. VENCOR NUMBER RECEIVED BY AMOUNT $3,748 AGENCYAPPROVAL VENDOR MESSAGE DATE INVOICE NUMBER LLL1 FOR PAYMENT DATE WARRANTNUMB~R