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Home My WebLink About4883 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 ORIGINAL ORDINANCE NO. 4 8 8 3 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 NINE HUNDRED EIGHTEEN AND 00/100 DOLLARS, ($3,918.00), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM THE KING COUNTY ARTS COMMISSION. 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 $3,918.00; and WHEREAS, funding criteria includes artistic excellence, management ability and need for the program/project; and WHEREAS, the grant funds will be distributed by the Auburn Arts Commission to community organizations to support arts organizations and art activities in the City; 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. 4883 July 1, 1996 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 ~ Pursuant to Chapter 35A.33 RCW the City Council hereby approves the expenditure and appropriation of Kin9 County 9rant funds in the amount of THREE THOUSAND NINE HUNDRED EIGHTEEN and 00/100 DOLLARS ($3,918.00), pursuant to Contract No. M09608M between Kin9 County and the City of Auburn. ~ The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contracl: No. M09608M which is attached hereto and designated Exhibit "1" which is incorporated herein by this reference, between Kin9 County and the City of Auburn which will provide 9rant fundin9 to the City of Auburn Arts Commission in accordance with the application submitted by the Auburn Arts Commission and approved by the Kin9 County Arts Commission. ~ The Mayor is hereby authorized to such administrative procedures as may be necessary to carry out the directions of this legislation. ~ This Ordinance shall take effect and be in force five (5) days from and after its passage, publication, as provided by law. implement approval and Ordinance No. 4883 July 1, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance NO. 4883 July 1, 1996 Page 3 OCT 3 1996 CiTY OF RUUUI(N CITY CLI KS OFFICE DEPARTMENT/DIVISiON CONTRACTOR PROJECT TITLE King County Contract Federal Taxpayer I.D.# M09608M PARKS ANDCULTURAL RESOURCES / Cultural Resources Auburn Arts Con,mission CONTRACT AMOUNT $ 3.918.00 CONTRACT PERIOD 1/1/96 FUND CODE CX-Sustained SuPPort TO 12/31/96 KING COUNTY MISCELLANEOUS SERVICES CONTRACT - 1996 THIS CONTRACT is entered into by KING COUNTY (the "County"), and (the "Contractor"), City Of Auburn / Auburn Arts Commission Whose address is 25 West Main St., 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: I. 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: ~ScoDe of Services l_~Personnel Inventory Reoort ~K.C.C. 12.%6) J_[Affidavit of Comoliance ~K.C.C. 12.16) ~_]Minoritv/Women's Business CK.C.C. 4. ~8) ~_~Assurance of Compliance Section 504 l_~Certificate~si of Insurance I_lReoueet for Prooosa~ No. l_lReseonse to Request for Proposal. Dated LI Attached hereto es Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit Attached hereto as Exhibit M SERVICES 96 10-95 II. DURATION OF CONTRACT This Contract shall con,hence on the 1st day of January , 1996 and shall terminate on the 31st day of December f 19 96 ' unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF ~&VM~NT A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract in an amount not to exceed $ 3.918tQ0f payable in the following manner~ Payment in full unon comnletl0n of services and receipt of invoice and Be The Contractor shall submit its final invoice and such other documents as ere required pursuant to this Contract within ten (10) days of completion of the Scope of Services. Unless waived 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. If the Contractor fails to comply with any terms or conditions of this Contract or to provide in any manner the work or services ag:=eed to herein, the County may withhold any payment due the Contractor until the County is sstisf£ed that corrective action, ae specif£ed 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 IX b~low. IV. MAINTEN~NCE OF RECORDS The contractor shall maintain accounts and records, including ~ersonnel, property, financial, programmatic records and other such reccrdsas may be deemed necessary by the County to ensure proper accounting for all contract funds and complianc~ 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. These records shall be maintained for a Period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14, or unless longer retention perioa is required by law. V. AUDITS AND INSPECTION A. The records and documents with respect to all matters coveredl by this Contract shall be subject at all times to inspection, review or audit'by the County and/or federal/state officials so authorized by la~ during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. M SERVICES 96 10-95 2 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. · If the Contractor is a municipal corporation, it shall s%~bmit to the County a copy of its annual report of exam~nation/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection V.B. 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 GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental organizations, Program, &ctivities and Functions; and OMB Circulars A-133 and A-128, as emended and as applicable. Contractors receiving federal funds from more than one County department or division shall be responsibl~ for deter~ning 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 6f the Contractor's fiscal year. 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. If the County determines that a brea~h of contract has occurred, that is the Contractor has failed to complywith any terms or conditions of 'this Contract or the Contractor has failed to provide in any manner the work o= 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; TheContractor 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 intocompliance, 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 e:~tension 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 correct£ve plan shall be at the sole discretion of the County; $ M SERVICES 96 10/95 In the event that the Contractor does not respond within the appropriate t/me with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may conu~ence term/nation of this Contract in whole or in part pursuant to Section IX.B~ In addktion, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional oblig~tions of fdnds until the County is satisfied that corrective action hasbeen taken, or completed~T and F. Nothing herein shall be deemed.to affect or waive any rights the parties may have pursuant to Section IX, Subsections A, B, C, D,' and E. VIII. ASST~NM~NT/SU~CONTRACTING The Contractor shall not assign or subcontract any portion of this Contract or'transfer, or assign any cia/m arising pursuant to this Contra(~t without thewritten consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15} days prior to the date of any proposed assignment. "Subcontract" shall mean any agreement between the Contractor and a Subcontractor or between Subcontractors that is based on this Contract, ~ that the term "subcontract" does not include the purchase of (i) support services not related to the subject matter of this contract, or (ii) supplies. This Contract may.be terminated' by the County without cause, in whole or in part~ at anytime, upon providing the Contractor thirty (30) days' advance written notice of the termination. B. The County may terminate this Contract, .in whole or in part, upon seven (7)' days~ advance written notice in the e~ent~ (1) the Contractor materially. breaches any duty, obligation, or services required pursuant to this ,. Contract, or (2} the duties, obligations, or services required herein become /mpossible, illegal, or not feasible. If the Contract is terminated'by the County pursuant to this Subsection IX(B}(1}, the Contractor shall be liable for damages, including any additional costs of pr6curement of similar services from another source. If the termination results from acts or omissions of the Contractor, including, but not lira/ted to misappropriation, nonperformance of'required services or fiscal mismanagement, the Contractor shall return tc the County /mmediately any funds,.misappropriated or unexpended, which have been paid to the Contractor by the County. C. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section ii or in any amendment hereto, the County ma~, upon written' notioeto the Contractor, terminate this Contract in whole or in part. If the Contract is terminated.as provided in this Subsection: (1) the County will be liable only for payment in accordance with the tes~us Of this Contract'for services-rendered prior to the effective date of termination; M SERVICES 96 10/95 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 terminage at the close of the current appropriation year. The Contractor may terminate this Contract in theevent 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 hsve 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. Nothing here~n shall limit, waive, or extinguish any right olr 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. 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. ~OLD ~ARM~RSS AND INDRMNIFICATION In providing services under this Contract, the Contractor is an independent contractor, and neither the Contractor nor its officers, 9gents 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 perfoz~ance 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. 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/orrepresentatives. 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. M SERVICES 96 10/95 5 The Contractor shall protect, defend, indemnify, end save hard,less the County, [and the State of Washington (when any funds for this Contract are . providedby the State of Washington)], their officers, employees, and agents from any and all costs, claims, Judgments, and/or awards of damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officerst 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 of its employees, or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any im~unity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 P~W. In the event the County incurs any Judgement, award and/or cost arising therefrom ~ncluding attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. XII. TNSU~ANC~ REOUIREMENT5 Ae By the date of execution of this Contract the Contractor shall ~procure and ~intain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Contre.otor, its agents, representatives, e~ployees, and/or Subcontractors. The cost of such insurance shall be paid by the Contractor or Subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each Subcontractor as evidence of compliance with the insurance requirements of this Contract. Fo= ~ ~overe~es: Each insurance policy shall be written on an ~Occurrence" form~ excepting that ~nsurance for'Professional Liability, Errors and 0~ssions when required, may be acceptable on a "cla~hns made" · If coverage is approved and purchased on a "cla/aas made" basis, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended discoveryperiod, if such extended coverage is available, for not less than three years from the date of oo~oletion of the work which is the subject of this Contract. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor under this. contract. The Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater l~mits and/or · broader coverage. B. Minimum geOO~ O~ Coverage shall be at least as broad as= 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) Covering Insurance Services Office form number (GL 0002 Ed. 1-73) cov~ring COMPP.~EENRTV~ ~N~I~L LT~TLTTy and Insurance Services Office form number (GL 0404 Ed. 5-81) covering BRO~ ~O~M co~p~]~ .'~LT&~T~ITY ENDORR~M~N~~ S M SERVICES 96 10/95 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 Om/ssions coverag? shall be provided. "Professional Services",'for the purpose of this Contract section sh~ll mean any services provided by a licensed professional. 3. Automobile Liability: Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BURTN~S AUTO ~OVERAG~, symbol I "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 bythe "Stop Gap" endorsement to the Seneral Liability policy. C. Minimum Limits of Insuranc~ The Contractor shall maintain limits no less than, for: 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: $ Automobile Liability: The greater of (a) S1.000.000_ combined single limit per accident for bodily injury and property damage, or (b) the applicable limit as required by the Wa:shington · Utilities and Transportation Comm/ssion. 4.' Workers' Compensation: Statutory requirements of the Sta~=e of residency. 5.' Employers Liability or "Stop gap" coverage: $1.000.000. D. Deduetibl~s and S~l~-Insurmd Retent~on~ 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. M SERVICES 96 10/95 g. Other ~ur~c~ ProvisioB8 The insurance policies required in this Contract are to contain, or be endorsed to contain the following provisions: 1. GeneralLiability Policy: The County, its officers, officials, employees ~.d agents are to be covered as additional insuredsas respects: liability arising out of activities performed by or on behalf of the Contractor in connection with this Contract. 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/ur self-insurance maintained by the County, its officers, officials, employees or agents shall no~ contribute with the Contractor's insurance or benefit the Contractor in any way. The Contractor's insurancesha11 apply separately to each insured against whom a claim is made and/or lawsuit, is brought, except with respect to the i/mits of the insurer's liability. 2. Ail Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in 1/~/ts, except by the reduction of the applicable aggregate l~u~it by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. AcceDtabilftv o~ In~nr~r8 Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with m in/mum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance may be placed with insurers with a Bests~.rating of B+:VII. Any ~xceptions must be approved by the County. 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 the appropriate certificates and endorsements, for approval. The Contractor shall furnish the County with certificates 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 ~o' bind coverage on its behalf. The certificates and endorsaments for each insurance policy are to be on forms approved by the County and are to be received and approved by the County prior to the commenc~nent of activities associated with the Contract. TheCounty reserves the right to 8 M SERVICES 96 10~95 r~quiro oompl~to, cortifiod copi=s of all required insurance policies at any time. The Contractor shall include all Subcontractors as insureds under its policies, and/or shall furnish separate certificates o~ 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 Aoenev Provfsfon~ · 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 attaohe~ hereto snd be incorporated by. reference and shall constitute compliance with this section. XIII. ~ 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. 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 Ordsr 11246 issued by the President of the United States and Executive Order 2001-R issued by the County Executive. 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 broach 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 10/95 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~ employer, employment agency,.or labor organization to ~rint, 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 discrtduination unless based upon a bona fide occupation clualification~. employment agency to discriminate against any person.with respect to any reference for employment or assignment to a particular Job classification~ employer, employment agency or a .labor organization to retaliate against any person because this person has opposed any practice forbidden by King County Code Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of King County Code, Chapter 12.18; publisher, fi~m, corporation, organization or association printing, publishing or. circulating any newspaper, magazine or other written pub%ioation to print ~r cause to be printed or circulated any advertisement with knowledge that the same is in violation of King County Code Section 12.18.030 C., or to segregate and separately designate, advertisements as applying only to men and women unless such discr/mination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based, upon a bona fide occupational qualification; and/or employer to prohibit uny p~rson from speaking in a language other than English in the workplace unless: a. the employer can show that requiring that employees speak Englis~ at certain times is Justified by business necessity, and .9. b. the employer informs employees of the requirement and the consequences of violating the rule. The Contractor will give notice of its nondiscrimination policy and obligation in all solicitations Or advertisements for e~ployees, and will send to each labor union or representative of workers with which it has a collective bargaining agreement or other understanding a notice of the commitments under this section.' The Contractor will comply with all applicable federal, state, and local laws and regul~tions regarding nondiscrimination in employment and will develop and implement such affirmative action plans and reporting procedures as may be required, and including those required by King County. D. Affirmative Action Reporting The. Contractor entering into a Contract or. agreement with King County --valued at $25,000 or more shall submit to the County Executive a total 10 M SERVICES 96 10/95 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 C~unty 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. 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: Comply, as to tasks and proportionate dollar amountthroughout the term of this Contract, with minority/women~sbusiness 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. 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 certifiedminority/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. Co Comply with the original Contract percentage use of minority business enterprises and/or women,s business enterprises when,vet"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 aminority business enterprise and/or women's.business enterprise in which said minority and/or women's business enterprise promises not to provide subcontracting 11 M SERVICES 96 10/95 quotations to other responding.or potential responding parties. Meet the goals of this Contract for contracting with mincr.ity/women's business enterprises. Any minority/women's business enterprises associated with this Contract must be certified by the State Office of Minority and Women's Business Enterprise (OMWBE), recognized by Kin~ County, and have signed a sworn sta=ement verifying that it has been previously sought to do business within the geographic boundaries of King County prior to the time the hid or proposal iS submitted. RecOgnition by the County of certified M/WBs is contingent on the M/WB (1) meeting the definition of a minority firm as now and hereinafter defined at KCC 4.18.010(U). (Note: for the ' purpose of recognition, the County's definition of Hispani¢: is narrower .than thatof OMWBE. Bidders are charged with the knowledge of the KCC 4.18 et. seq.); and (2) performing a commercially useful function as now and hereinafter defined at KCC 4.18.010(H). The determination of whether a M/WB bidder (proposer) or proposed M/WB for utilization on this Contract satisfies the County's recognition requirements shall be made .by the County's Office of Civil Rights and Compliance. Goals for this Contract and' any subsequent supplements, changes, or amendments to it are % for minority businesses and % for women's businesses or a combined M/WB-goal of ~, Minority/Women's Business (M/WB) Liquidated Damages: The County in general~ and the M/WB program in particular, are damaged ~hen a contract, or portion of a contract, to be performed by a minority~women's business is not actually performed by a minority/women's business in co~liance with King 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 ti~e 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 adm/nistrative costs of investigation and enforcement and other damages and costs caused by the violation. The Contractor shall be liable to the County for such liquidat~d damages in the event the Contractoror a subconsultant ~alls to ~erform a com~ercially useful function and/or operates as a broker, front, conduit' or pass-through, as defined in King County Code, Chapter 4.18.. Maintain relevant records and information necessary to document compliance with King County Code, Chspter 4.18, and the Contractor's utilization of minority an~ women's business in its 0verall public and private business activities, and shall include the right of the County to ~nspect such record. The Contractor shall complete a Disability Self Evaluation Questionnaire regarding its ability to provide programs and services, to persons with disabilities mandated by ~ection 504 of the Rehahilitation.~ct of 1973, as emended, (504) and the Americans with Disabilities Act' o~ 1990 (ADA). The Contractor will prepare a Corrective Action Plan for the structural and/or program~atic changes, necessary at its prem/ses for compliance with Section 504 and the'ADA. The Contractor shall return a notarized Di~ability Assurance of Compliance form and the Corrective Action Plan with the Contraot~ The Disability Assurance o~ Compliance form and the Corrective Action Plan must be 12 M SERVICES 96 10/95 reviewed by the King County Office of Civil Rights end 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 ~his 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 bythe Agency to comply with any requirement of said chapter shall be a material breach of contract. The ContraCtor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connectionwith the planning and ~mplementation of the scope of services funded her~in, or any other person who presently exercises any functions or respon~ibilities in connection with the planning and implementation Of the scope of services funded herein shall have any personal ~inancial interest, direct or indirect, in this Contract. The Contractor shall take appropriate steps to assure compliance wl~h this provision. 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 ether right or remedy provided in this Contract or law. 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 co~uted from the date that the notice is received by said party. XVIII. 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. 13 M SERVICES 96 10/95 The Contractor shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on · recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled paper is more than fifteen percent higher than the cost of non-recycled paper, the Contractor may notify the Contract Administrator, who may waive the recycled paper requirement. The Contraot0r shall use both sides of paper sheets for copying and Printing and shall use recycled/recyclable products wherever practical at fulfill~ent of this Contract. ' ' ' XX. ~NTTR~ CONTRACT/WAT%-~R OF D~FAULT Th~ parties agree %hat this Contra0t iA'the complete expression of the terms' hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time ~s of the essence in the performance of the provisions of this Contract. Wa]Lver of any default shall not be deemed to be a waiver of'an~ sub'sequent default. Waiver or breach of any provision of the Contract shall not be deemed to he a waiver of any other or subsequent breach and shall not be construed' to be a modification of the terms o~ the Contract unless stated to be such through written approval by the County, which shall be at~ached to the original Contract. ,, FOB Signature - King ~u~ty Exe~utiv~ Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 14. 199~ Signature CHARLES A. BOOTH Name (Please type or print) MAYOR Title. ~l~~r print) Date ATTEST: Rbbin Wohl~ueter, Auburn City Clerk City Attorney M SERVICES 96 10/95 14 EXHIBIT A SCOPE OF SERVICE Auburn Arts Commission and the King County Cultural Resources Divisibn mutually agree that the following services be provided in accordance with the application submitted to and approved by the King County Arts Commission. For purposes of evaluation of this contract, partial support will be. provided for: Re-granting to the following community organizations through the Auburn Arts Commission: Puget Sound Musical Theatre, 19th Draft Literary Group, Federal Way Philharmonic, Washington Advocates for the Mentally Ill, and Evergreen City Ballet. AAC presents 18 free summer performances, the BRAVO! Series, free art exhibits at City Hall, Arts in Education Programs, Arts in Public Places program, and youth art exhibits and programs. Serving over 25,000 people annually, approximately 80% of AAC activities are free and accessible to the general public. COMPLIMENTARY TICKET POLICy The artist or organization must provide access to any performance or event described in Exhibit A. Scope of Servic¢,s for the purpose of evaluation. A maximum of four tickets may be requested at no cost to the County for members of the Arts Commission, staff, or an on-site reviewer requested by the Commission. .... PUBLICITY/PROMOTION POLICY r Prominent acknowledgment of the King County Arts Commission 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 in part by the King County Arts Commission Final payment will not be made until acknowledgment is submitted or~ printed material Cultural Resources Division Parks and Cultural Resources Department Arts Commission Landmarks and lterttage Commission Public Art Commission (206)296-5629FAX June 10,1996 TO: FM: 96 I AN 8:O0 RECEIVED JUN ! MMBE OFFICE Jean Baker, Director, Department of Finance ' ~ ~ Leonard Garfield, Manager, Cultural Resources Division Waiver from Standart Procurement Procedures and MWB Requirements; Sustained Support Program The Cultural ResoUrces Division requests a waiver from standard procurement procedures and MWB requirements for the following 46 non-profit arts organizations funded through the Sustained Support Program. These organizations are evaluated through an application review process by a panel of artists, arts administrators and community representatives. Funding is approved by the the King COunty Arts Commission. These organizations provide unique arts services to King County residents and are sole source providers of these services. Should the organizations contract with a for-profit contractor, requirements of K.C.C.4.18 will be met, and a "MAVBE: Availability Analysis Worksheet" will be submitted. 911 Media Arts Center A Contemporary Theatre Artist Trust ~ Auburn Arts Commission Bathhouse Theatre Bellevue Art Museum Bellevue Arts Commission Center on Contemporary Art Cinema Seattle. City of Federal Way City of Renton City of SeaTac City of Tukwila Arts Commission Early Music Guild Earshot Jazz Society of Seattle Empty Space Theatre Enumclaw Arts Council Henry Art Gallery Intiman Theatre Kent Arts Commission Kirkland Parks & Recreation Dept. Langston Hughes Cultural Center Meany Hall Amount 2.500 9,709 3.100 3.918 5.040 6,594 5.682 2,500 3.000 5,980 4,887 2,776 2.542 2,500 3,000 4,333 3,295 4,167 9.357 4.780 3.576 3,500 5.649 Sustained S.upport Program Page 2 Memer Island Arts Council Northwest Asian American Theatre Northwest Folk. life Northwest Girlchoir On The Boards Pacific Northwest Ballet Pat Graney Company Pratt Fine Arts Center Redmond Arts Commission Seattle Art Museum Seattle Children's Theatre Seattle Group Theatre Seattle International Children's Festival Seattle Men's Chorus Seattle Opera Seattle Repertory Theatre Seattle Symphony Seattle Youth Symphony Shoreline Arts Council Vashon Allied Arts Very Special Arts Washington Village Theatre · Wing Luke Asian Museum 2,784 3,500 5,191 2,500 3,898 28,244 4,000 3,882 3,486 26,029 8,727 5,183 3,000 4,523 36,133 20.690 29,290 4,099 4,974 2,840 2,500 4,843 2,500 Please contact Charlie Rathbun, Arts Program Coordinator, at 296-8675 for additional information concerning this request. Certification: I hereby certify that the facts and statements concerning this request for a waiver from M/W-BE req~.irements are accurate to th6 best of my knowledge. ~a~<~ager, C3 ~s Division agerrt:~:, ' g Approve/Disapprove Dat~ Date Daie D:lte Washington Cities Insurance Authority 12-Au8-96 CerO/: 1028 King County Arts Corem ATTN: Charlie Rathburn 1115 Smith Tower Seattle,WA 98104 RE: City of Auburn City Activities as Respects County Arts Grarit Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 86 municipal corporations in the State of Washington. 'WCIA has at least $1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sincerely, Eric B. Larson Assistant Director Diane Supler cl~t~ P.O. Box 1155, Renton, WA 98057 (206) 764-6471 Fax 7644067