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HomeMy WebLinkAbout49911 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 ORDINANCE NO. 4 9 9 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED SEVENTY AND 00/100 DOLLARS, ($3,970.00), AS PARTIAL SUPPORT FOR AUBURN ARTS COMMISSION GRANTS TO LOCAL ARTS ORGANIZATIONS AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM KING COUNTY OFFICE OF CULTURAL RESOURCES. 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: Section 1. Pursuant to Chapter 35A.33 RCW the City hereby approves the expenditure and appropriation of a total amount of THREE THOUSAND NINE HUNDRED SEVENTY and 00/100 DOLLARS ($3,970.00), which constitutes a grant pursuant to the Contract between the City of Auburn and King County Office of Cultural Resources. Section 2. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract for Miscellaneous Services No. M09853M which will provide grant -------------------------- Ordinance No. 4991 July 7, 1997 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 funding to the City of Auburn for use by the Auburn Arts Commission to provide partial support for Auburn Arts Commission grants to local arts organizations and to organizations which hire artists to serve a special population during 1997. A copy of said Agreement is attached hereto and designated Exhibit "A" and is incorporated by reference in this Ordinance. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Secti on 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: ^?77 CHARLES A. BOOTH MAYOR -------------------------- Ordinance No. 4991 July 7, 1997 Page 2 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 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: /',-,z 7- -------------------------- Ordinance No. 4991 July 7, 1997 Page 3 ORIGINAL CONTRACT NO. M09853M DEPARTMENT/ Office of Cultural Resources FEDERAL TAXPAYER I.D. DIVISION CONTRACTOR Auburn Arts Commission PROJECT TITLE "Auburn Arts Commission grants program" AMOUNT $ 3,970. FUND SOURCE CX-Sustained Support DURATION 01/01/97 TO 12/31/97 CONTRACT FOR MISCELLANEOUS SERVICES - 1997 THIS CONTRACT is entered into by KING COUNTY (the "County"), and (the "Contractor"), Auburn Arts Commission Whose address is 25 West Main, 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: Scove of Services Request for Proposal (RFP) No. Response to RFP, Dated Personnel Inventory Report (K.C.C. 12.16) Affidavit of Compliance (K.C.C. 12.16) Assurance of Compliance/Section 504 Minority/Women's Business (K.C.C. 4.18) Certificate(s) of Insurance Attached hereto as Exhibit A 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 Attached hereto as Exhibit Attached hereto as Exhibit M SERVICES 97 1-97 Exhibit "A" - Ordinance No. 4991 adopted on July 21, 1997 II. DURATION OF CONTRACT This Contract shall commence on the 1st day of January , 1927,and shall terminate on the 3 1 s day of December 1997, unless extended or terminated earlier, pursuant to the terms and conditions.of the Contract. III. COMPENSATION AND METHOD OF PAYMENT 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 $3.970. , payable in the following manner: As outlined in the Scope of Service B. The Contractor shall submit its final invoice and such other documents as are 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. C. 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 t' at correctiv-- 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 IX below. IV. MAINTENANCE OF RECORDS A. The Contractor shall maintain accounts and records, including personnel, property, financial, 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 termination 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. V. AUDITS AND INSPECTION A. The records and documents with respect to all matters covered 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 law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. M SERVICES 97 1-97 2 Exhibit "A" - Ordinance No. 4991 adopted on July 21, 1997 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 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. 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. VIL 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 many 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; Exhibit "A" - Ordinance No. 4991 M SERVICES 97 1-97 3 adopted on July 21, 1997 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; D.- In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section IX.B; E. In addition,. the County may withhold any payment owed the Contractor or prohibit the . Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; 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. ASSIGNMENT/SUBCONTRACTING A. The Contractor shall not assign or,subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must besought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B.. "Subcontract" shall mean any agreement between the Contractor and a Subcontractor or between Subcontractors that is based on this Contract, provided 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. IX. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, at any time, 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 event: (1) theContractor materially breaches any duty, obligation, or services required pursuant to this Contract, or (2) the duties, obligations, or services ;required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection IX(B)(1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts-or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the, Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. Exhibit "A" - Ordinance No. 4991 M SERVICES 97 1_97 4 adopted on July 21, 1997 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 may, -upon written notice to 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 terms of this Contract for services rendered prior to the effective date of termination; 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 Exhibit "A" - Ordinance No. 4991 M SERVICES 97 1-97 5 adopted on July 21, 1997 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. 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, 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 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 of its employees, or agents. For this 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 judgement, award and/or cost arising therefrom including attorney's fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this agreement. XII. INSURANCE REQUIREMENTS A. "By the-date of execution of this Contract the Contractor shall procure and maintain 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 Contractor, its agents, representatives, employees, 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. For All Coverages: Each insurance policy shall be written on an "Occurrence" form; excepting that insurance for Professional Liability, Errors and Omissions when required, may be acceptable on a "claims made" form. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either through.policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. Exhibit "A" - Ordinance No. 4991 M SERVICES 97 adopted on July 21, 1997 1-97 ti 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 limits and/or broader coverage. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope Of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering COMMERCIAL GENERAL LIABILITY, 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 BUSINESS 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. 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. Exhibit "A" - Ordinance No. 4991 M SERVICES 97 adopted on July 21, 1997 1-97 7 C. Minimum Limits Of Insurance The Contractor shall maintain limits no less than, for: 1. General Liability: $ 1.000.000. combined single limit per 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: $ 1.000.000. combined single limit per accident for bodily injury and property damage. 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. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain the following provisions: 1. General Liability Policy: a. 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. b. 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. c. The Contractor's insurance shall apply separately to each insured against whom a claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies: Exhibit "A" - Ordinance No. 4991 M SERVICES 97 adopted on July 21, 1997 1-97 8 Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum 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-exceptions 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. G. Verification of Coverage 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 to bind coverage on its behalf. The certificates and endorsements 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 commencement of activities associated with the Contract. The County reserves the right to 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. M SERVICES 97 1-97 Exhibit "K_ Ordinance No. 4991 adopted on July 21, 1997 XHI. 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. 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. 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: employer or labor organization to discriminate against any person with respect to referral, 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 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 M SERVICES 97 Exhibit "A" - Ordinance No. 4991 1_97 10 adopted on July 21, 1997 any investigation, proceeding or hearing initiated under the provisions of King County Code, Chapter 12.18; 6. publisher, firm; 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 and women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; and/or 7. employer to prohibit any person from speaking in a language other than English in the - workplace. unless: a. the employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. the employer informs employees of the requirement and the consequences of violating the rule. D. Affirmative Action Reporting 1. 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 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. 2.. 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. Subject 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. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Contractor shall complete a Disability Self Evaluation Questionnaire regarding its ability to provide programs and services to persons with disabilities mandated by Section 504 of the Exhibit "A" - Ordinance No. 4991 M SERVICES g7 11 1-97 adopted on July 21, 1997 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 notarized Disability Assurance of Compliance form and the Corrective Action Plan with the Contract. The Disability Assurance of Compliance form and the Corrective Action Plan must be received by the King County M/WBE and Contract Compliance Division 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 two vears from the date it was received by the Counter 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 affirnung continued efforts to comply with Section 504 and the ADA of 1990. 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. Failure to meet the M/WBE utilization goals may subiect the Contractor to monetary penalties and/or other penalties as set forth in KCC 4.18. 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. King County's M/WBE and Contract Compliance Division may 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 M SERVICES 97 Exhibit "A" - Ordinance No. 4991 1-97 12 adopted on July 21, 1997 enterprise promises not to provide subcontracting quotations to other responding or potential responding parties. E. Meet.the goals of this Contract for contracting with minority/women's business enterprises. Any minority/women's business enterprises associated with this Contract must be certified by the State Office of Minority and Women's Business Enterprise (OMWBE), recognized by King County, and have signed a sworn statement verifying that it has been previously sought to do business within the geographic boundaries of King County prior to the time the bid or proposal is submitted. Recognition by the County of certified M/WBs is contingent on the M/WB (1) meeting the definition of a minority firm as now and hereinafter defined at KCC 4.18.010(U). (Note: for the purpose of recognition, the County's definition of Hispanic is narrower than that of 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 M/WBE and Contract Compliance Division. XVI. 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 %. F. Minority/Women's Business (M/WB) Liquidated Damages: The County in general, and the M/WB program in particular, are damaged when 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 compliance 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 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 administrative costs of investigation and enforcement and other damages and costs caused by the violation. G. 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 business in its overall public and private business activities, and shall include the right of the County to inspect such record. 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 Exhibit "A" - Ordinance No. 4991 M SERVICES 97 adopted on July 21, 1997 1-97 13 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 part}. 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. M. 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. 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 Contractor shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical at fulfillment of this Contract. Exhibit "A" - Ordinance No. 4991 1-97RVICES 97 14 adopted on July 21, 1997 XX. ENTIRE CONTRACTIWAIVER OF DEFAULT The parties agree that this Contract is 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 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: FOR Signature - King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY JanuaKy 3. 1997 M SERVICES 97 1-97 CONTRACTOR: Signature CHARLES A. BOOTH Name (Please type or print) MAYOR Title (Please type or print) Date ATTEST: Robin Wohlhueter, City Clerk A ?PROVED S TO FORM: Michael J. Reynolds, City Attorney Exhibit "A" - Ordinance No. 4991 adopted on July 21, 1997 15 EXHIBIT A SCOPE OF SERVICE Auburn Arts Commission and the King County Office of Cultural Resources 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 Auburn Arts Commission grants to local arts organizations and to organizations which hire artists to serve a special population. Amount: $ 3,970 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation form • Final report of program activities • Programs, brochures, flyers if available PUBLIC BENEFIT • Free tickets to performances • Free workshops, lectures, and demonstrations • Public displays PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County 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 Final payment will not be made until acknowledgment is submitted on printed material Exhibit "A" - Ordinance No. 4991 adopted on July 21, 1997