HomeMy WebLinkAbout49461
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
261
ORDINANCE NO. 4 9 4 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING ACCEPTANCE OF KING COUNTY APPROPRIATION
OF GRANT FUNDS IN THE AMOUNT OF THREE THOUSAND AND 00/100
DOLLARS, ($3,000.00), AUTHORIZING THE MAYOR TO ACCEPT THE
GRANT FROM THE KING COUNTY ARTS COMMISSION AND AUTHORIZING THE
EXPENDITURE OF THE GRANT FUNDS.
WHEREAS, King County through the King County Cultural
Resources Division has approved the application of the Auburn
Arts Commission for a grant in the amount of $3,000.00; and
WHEREAS, funding criteria includes artistic excellence,
management ability and need for the program/project; and
WHEREAS, the grant funds will be used by the Auburn Arts
Commission in partial support for "Initiative to Support
Auburn Symphony"; and
WHEREAS, acceptance of the grant will benefit the
citizens of Auburn; and
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:
----------------------
Ordinance No. 4946
February 4, 1997
Page 1
1
2
3
4
5
6
71
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 1. Pursuant to Chapter 35A.33 RCW the City
Council hereby approves the expenditure and appropriation of
King County grant funds in the amount of THREE THOUSAND and
00/100 DOLLARS ($3,000.00), pursuant to Contract No. M09538M
between King County and the City of Auburn.
Section 2. The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute Contract No. M09538M
which is attached hereto and designated Exhibit "1" which is
incorporated herein by this reference, between King County and
the City of Auburn which will provide grant funding to the
City of Auburn Arts Commission in accordance with the
application submitted by the Auburn Arts Commission and
approved by the King County Arts Commission.
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.
----------------------
Ordinance No. 4946
February 4, 1997
Page 2
1
2
3
4
5
6
7
8
9
10
11 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
261
Tq
INTRODUCED:
PASSED:
?^?
APPROVED :
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
P
(Michael J. Reynolds,
City Attorney
Published:
51q
----------------------
Ordinance No. 4946
February 4, 1997
Page 3
ORIGINAL
King County
Cultural Resources Division
Parks and Cultural
Resources Department
Arts Commission
Landmarks and Heritage Commission
Public Art Commission
506 Second Avenue, Room 1115
Seattle, WA 98104-2311
(206)296-7580
(206)296-7580V/TDD
(206)296-8629FAX
Date October 8, 1996
TO: Josie Emmons
FM: Charlie Rathbun
RE: City of Auburn Arts Commission
Program Coordinator
Contract # M09538M
Enclosed you will find two copies of your contract for services and other documents required for the completion of
the contract. Please sign and return both contracts and any other required documents to King County Cultural
Resources Division, 1115 Smith Tower, 506 Second Avenue, Seattle, WA 98104-2311. One copy of the contract will
be returned to you after it has been signed by the County Executive.
Packet Contents:
1. Contract. Sign and print name, title and date on page 14 , Tax I.D. or Social Security
number on page 1 of the contract. The contract includes exhibits which constitute a part of the contract:
please note them carefully.
2. Enclosures: Please complete the enclosures (as indicated) and return with the signed contract. These forms are
required and must be signed before the contract can be accepted by the County for completion.
Certificate of Insurance: (a). Liability Coverage and/or (b). Personal Property Coverage
Endorsement: (a). designating King County, its officers, officials, employees and agents as
additional insured and/or (b). adding King County as a loss payee. Both certificate of
insurance and endorsement should be furnished by the contractor's Insurance Company.
Consultant Disclosure Form (contracts exceeding $2,500).
Personnel Inventory Report (contracts exceeding $25,000).
Affidavit and Certificate of Compliance (contracts exceeding $25,000). This form must be notarized.
ADA/504 Self Evaluation Questionnaire. This form is to be filled out and kept with the contrator.
ADA/504 Disability Assurance of Compliance and Corrective Action Plan. This form
must be notarized.
3. The following are to be included with your request of payment, upon completion of agreed services.
2 Invoice(s)
1 Organization Evaluation Form(s) Cultural Education Evaluation Forms
Artist Evaluation Form(s)
Materials and Care Information Sheet (form enclosed)
Artist's Statement about the work (form enclosed)
Black and white 8" x 10" glossy photos of completed work
35 mm color slides of completed artwork
Resume
Budget Sheet
Do NOT make changes in or addition to, the enclosed printed materials. If you have questions regarding any of the
above, please contact your Program Coordinator.
CKLIST DOC
ORIGINAL
King County Contract # M09538M
Federal Taxpayer I.D.#
DEPARTMENT/DIVISION PARKS AND CULTURAL RESOURCES / Cultural Resources
CONTRACTOR City of Auburn Arts Commission
PROJECT TITLE "Initiative to Support Auburn Symphony"
CONTRACT AMOUNT $ 3,000. FUND CODE H/M-Arts Special Proiects
CONTRACT PERIOD 10/01/96 TO 12/31/97
KING COUNTY MISCELLANEOUS SERVICES CONTRACT - 1996
THIS CONTRACT is entered into by KING COUNTY (the "County"), and (the "Contractor"),
City of Auburn Arts Commission
whose address is 25 West Main Street Auburn WA 98001
WHEREAS, the County desires to have certain services performed by the Contractor as
described in the contract,
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties covenant and
do mutually agree as follows:
1. SCOPE OF SERVICES
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:
Scope of Services Attached hereto as Exhibit
Personnel Inventory Report(K.C.C. 12.16) Attached hereto as Exhibit
(Affidavit of Compliance (K.C.C. 12.16) Attached hereto as Exhibit
1 IMinority/Women's Business (K.C.C. 4.18) Attached hereto as Exhibit
I (Assurance of Compliance Section 504 Attached hereto as Exhibit
I ICertificate( s) of Insurance Attached hereto as Exhibit
I IRecruest for Proposal No. Attached hereto as Exhibit
(Response to Recruest -for Proposal, Dated Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
M SERVICES 96 Exhibit "1" - Ordinance No. 4946
10-95 1 Adopted 313/97
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
advance notice to the Contractor in the case of fiscal audits to be
conducted by the County.
C. If the Contractor is a municipal corporation, it shall submit to the County
a copy of its annual report of examination/audit, conducted by the
Washington State Auditor, within thirty (30) days of receipt, which
submittal shall constitute compliance with subsection V.B.
D. If the 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 statement and condition, which shall comply with the
requirements of GARS (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.
Contractors receiving federal funds from more than one County department or
division shall be responsible for determining if the combined financial
assistance is equal to or greater than $25,000..
The Contractor shall provide a copy of the 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.
VI. EVALUATION
The Contractor agrees to cooperate with the County or its agent in the
evaluation 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 said evaluations shall be maintained and disclosed
in accordance with RCW Chapter 42.17.
VII. CORRECTIVE ACTION
If the County determines that a breach of contract has occurred, that is the
Contractor has failed to comply with any terms or conditions of this Contract
or the Contractor has failed to provide in any manner the work or services
agreed to herein, and if the County deems said breach to warrant corrective
action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the
breach;
B. The Contractor shall respond in writing within three (3) working days
of its-receipt of such notification, which response shall indicate
the steps being taken to correct the specified deficiencies. The
corrective action plan shall specify the proposed completion date for
bringing the Contract into compliance, which date shall not be more
than ten (10) days from the date of the Contractor's response;,unless
the County, at-its sole discretion, specifies in writing an extension
in the number of days to complete the corrective actions;
C. The County will notify the Contractor in writing of the County's
determination as to the sufficiency of the Contractor's corrective
action plan. The determination of sufficiency of the Contractor's
corrective plan shall be at the sole discretion of the County;
3
M SERVICES 96
10/9 Exhibit "1" - Ordinance No. 4946
Adopted 3/3/97
and (2) the Contractor shall be released from any obligation to provide
further services pursuant to the Contract.
Funding under this Contract beyond the current appropriation year is
conditional upon appropriation by the County Council of sufficient funds to
support the activities described in this Contract. Should such an
appropriation not be approved the Contract will terminate at the close of
the current appropriation year.
D. The Contractor may terminate this Contract in the event of repeated or
persistent failure or refusal by the County to fulfill any of its material
obligations under this Contract (unless that failure or refusal results
from circumstances or events beyond the County's control) provided that (a)
the Contractor shall have given the County prior written notice of. the
County's failure to meet the specific obligation and (b) the County shall
have the opportunity to cure the specified failure or refusal to fulfill
its material obligation within 90 days of such notice from the Contractor.
E. Nothing herein shall limit, waive, or extinguish any right or remedy
provided by this Contract or law that either party may have in the event
that the obligations, terms and conditions set forth in this Contract are
breached by the other party.
X. FUTURE SUPPORT
The County makes no commitment to support services contracted for herein and
assumes no obligation for future support of the activity contracted herein
except as expressly set forth in this Contract.
XI. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent
contractor, and neither the Contractor nor its officers, agents or
employees are employees of the County for any purpose. The Contractor
shall be responsible for all federal and/or state tax, industrial insurance
and Social Security liability that may result from the performance of and
compensation for these services and shall make no claim of career service
or civil service rights which may accrue to a County employee under state
or local law.
The County assumes no responsibility for the payment of any compensation,
wages, benefits, or taxes by or on behalf of the Contractor, its employees
and/or others by reason of this Contract. The 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, and/or supplies by
Contractor employees or other suppliers in connection'with or in 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
shall not be diminished or extinguished by the prior termination of the
Contract-pursuant to the Duration of Contract, or the Termination section.
5
M SERVICES 96 Exhibit 'T' - Ordinance No. 4946
10/95
Adopted 3/3/97
v
2. Professional Liability:
Professional Liability, Errors and Omissions coverage.
In the event that services delivered pursuant to this Contract either
directly or indirectly involve or require professional services,
Professional Liability, Errors and Omissions coverage shall be provided.
"Professional Services", for the purpose of this Contract section shall
mean any services provided by a licensed professional.
3. Automobile Liability:
Insurance Services Office form number (CA 00 01 Ed. 12-90) covering
BUSITESS AUTO COVERAGE, symbol 1 "any auto"; or the combination of
symbols 2, 8, and 9.
4. Workers' Compensation:
Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar
coverage required for this work by applicable Federal or "Other
States" State Law.
5. Employers Liability or "Stop-Gap":
The protection provided by the Workers Compensation policy Part 2
(Employers Liability) or, in states with monopolistic state funds, the
protection provided by the "Stop Gap" endorsement to the General
Liability policy.
C. Minimum Limits of Insurance
- --The Contractor shall maintain limits no less than, for:
1. General Liability: $1.000.000. combined single limit per $
amount occurrence for bodily injury, personal injury and property
damage, and for those policies with aggregate limits, a $2.000.000,
aggregate limit.
2. Professional Liability, Errors and Omissions: $
3. Automobile Liability: The greater of (a) $1.000.000,
combined single limit per accident for bodily injury and property
damage, or (b) the applicable limit as required by the Washington
Utilities and Transportation Commission.
4. Workers' Compensation: Statutory requirements of the State of
residency.
5. Employers Liability or "Stop gap" coverage: $1,000.000.
D. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to, and
approved by, the County. The deductible and/or self-insured retention of
.the policies shall not limit or apply to the Contractor's liability to the
County and shall be the sole responsibility of the Contractor.
Exhibit "1" - Ordinance No. 4946
M SERVICES 96 7 Adopted 3/3/97
10/95
require complete, certified copies of all required insurance policies at
any time.
H. Subcontractors
The Contractor shall include all Subcontractors as insureds under its
policies, and/or shall furnish separate certificates of insurance and
policy endorsements for each Subcontractor. Insurance coverages provided
by Subcontractors as evidence of compliance with the insurance requirements
of this Contract shall be subject to all of the requirements stated herein.
I. Municipal or State Agency Provisions
If the Contractor is a Municipal Corporation or an agency of the State of
Washington and is self-insured for any of the above insurance requirements,
a certification of self-insurance shall be attached hereto and be
incorporated by reference and shall constitute compliance with this
section.
XIII. 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 party subcontracting under. the authority of this Contract shall
discriminate on the basis of race, color, sex, religion, nationality,
creed, marital status, sexual orientation, age, or 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.
The Contractor shall comply fully with all applicable federal, state and
local laws, ordinances, executive orders and regulations which prohibit
such discrimination. These laws include, but are not limited to, RCW
Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Executive order 11246 issued
by the President of the United States and Executive Order 2001-R issued by
the County Executive.
B. If the Contractor fails to comply with King County Code Chapter 12.16, such
failure shall be deemed a violation of this Chapter and a material breach
of this Contract. Such breach shall be grounds for cancellation,
termination or suspension of this Contract, in whole or in part and may
result in the contractor's ineligibility for further County contracts. If
the contract is cancelled after partial performance, the County's
obligation will be limited to the fair market value or the contract price,
whichever is lower, for goods or services which were received and approved
by the County prior to cancellation.
C. During the performance of this Contract, neither the Contractor nor any
party subconsulting under the authority of this Contract shall engage in
unfair employment practices. It is an unfair employment practice for any:
1. employer or labor organization to discriminate against any
person with respect to referral, hiring, tenure, promotion,
terms, conditions, wages or other privileges of employment;
9
M SERVICES 96 Exhibit "1" - Ordinance No. 4946
10/95 Adopted 3/3/97
personnel inventory employment profile providing minority, female, and
handicap employment data.
The Contractor shall complete the employment profile form provided by the
County and attach the completed form to this Contract.
The Contractor entering into a Contract with King County valued at more
than $25,000, or Contracts which in the aggregate have a value to the
Contractor of more than $25,000, shall submit an affidavit of compliance in
the form provided by the County, demonstrating its commitment to comply
with the provisions of King County Code, Chapter 12.16.
The Contractor shall complete the affidavit of compliance provided by the
County and attach the original, notarized, completed form to this Contract.
Pursuant to the provisions of K.C.C. 12.16.060, a Contractor's personnel
inventory report shall be effective for two years after the date on which
the report was submitted.
If the Contractor engages in unfair employment practices as defined above,
remedies as set forth in KCC 12.18 shall be applied.
XIV. 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 firm
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:
1. The minority/women's business cannot perform the necessary tasks; or
2. The minority/women's business is unwilling to perform the necessary
tasks.
C. Comply with the original Contract percentage use of minority business
enterprises and/or women's business enterprises whenever Contract
supplements, amendments or change orders are made which affect the total
dollar value of this Contract.
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 subcontracting
M SERVICES 96
10/95
11
Exhibit 'T' - Ordinance No. 4946
Adopted 3/3/97
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 affirming continued efforts to comply with Section 504 and the ADA of
1990.
XVI. CONFLICT OF INTEREST
King County Code Chapter 3.04 is incorporated by reference as if fully set
forth hence, and the Contractor agrees to abide by all conditions of said
chapter. Failure by the Agency to comply with any requirement of said 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, in this Contract. The Contractor shall take appropriate steps to
assure compliance with this provision.
B. If the Contractor violates the provisions of Subsection XVI(A) or does not
disclose other interest required to be disclosed pursuant to King County
Code Section 3.04.120, 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 IX above as well as any other right or
remedy provided in this Contract or law.
XVII. NOTICES
Whenever this Contract provides for notice to be provided by one party to
another, such notice shall be in writing.
Any time within which a party must take some action shall be computed from the
date that the notice is received by said party.
XVIII. CONTRACT AMENDMENTS
Either party may request changes to this Contract. Proposed changes which are
mutually agreed upon shall be incorporated by written amendments to this
Contract.
XIX. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
It is the policy of King County to use recycled materials to the maximum
extent practicable (King County Code Chapter 10.16). Contractors able to
supply products containing recycled materials which meet performance
requirements are encouraged to offer them in bids and proposals and to use
them wherever possible in the fulfillment of contracts.
M SERVICES 96 13 Exhibit 'T' - Ordinance No. 4946
10/95 Adopted 3/3/97
EXHIBIT A
SCOPE OF SERVICE
City of Auburn Arts Commission and the King County Cultural Resources Division mutually
agree that the following services be provided in accordance with the application submitted to
and approved by the King County Arts Commission.
Partial support for "Initiative to Support Auburn Symphony". Funding will support a public
presentation to announce and establish the new Auburn Symphony Orchestra.
Amount: $3,000
For planning costs and project expenses. Payable upon submittal of invoice and
documentation regarding:
• Final budget, actual
• Completion of evaluation forms
• Final report of project activities
• Programs, brochures, flyers if available
PUBLIC BENEFIT
Event will be open to the general public and will include musical performances by orchestra
musicians.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of the King County Arts Commission and Hotel/Motel Tax
Revenues is required of all recipients for use in all publicity and promotional materials,
including, but not limited to brochures, press releases, programs, posters, public service
announcements, flyers and advertisements. The following language is recommended:
Supported by the King County Arts Commission Hotel/Motel Tax Revenues
Final payment will not be made until acknowledgment is submitted on printed material
Exhibit "1" - Ordinance No. 4946
Adopted 3/3/97