HomeMy WebLinkAbout5444ORDINANCE NO. 5444
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING ACCEPTANCE OF THE KING COUNTY OFFICE
OF CULTURAL RESOURCE APPROPRIATION AND EXPENDITURE OF GRANT
FUNDS IN THE AMOUNT OF FIVE THOUSAND AND NO/100 DOLLARS
($5,000.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO.
D28757D.
WHEREAS, the Auburn Arts Commission submitted an application for the
Organizational Support Program (OSP); 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, DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves the expenditure and appropriation of Washington State King County grant
funds in the amount of FIVE THOUSAND and NO /100 DOLLARS ($5,000.00),
pursuant to Contract No. D28757D between the King County Office of Cultural
Resources and the City of Auburn.
Section 2. The Mayor and City Clerk of the City of Auburn are hereby
authorized to execute Contract No. D28757D, which is attached hereto and designated
Exhibit "A", and is incorporated herein by this reference, between the King County .
Ordinance No. 5444
October 12, 2000
Page 1 of 3
Office of Cultural Resources and the City of Auburn Arts Commission in accordance
with the application submitted by the Auburn 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. The 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:
November 6, 2000
November 6, 2000
November 6, 2000
CHARLES A BOOTH
MAYOR
ATTEST:
(! 04.w-
Danielle E. Daskam,
City Clerk
Ordinance No. 5444
October 12, 2000
Page 2 of 3
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
Published: //- /d- di
Ordinance No. 5444
October 12, 2000
Page 3 of 3
4
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King County Contract No. D28757D
Federal Taxpayer ID No. 91. 6001228
Department/Division Deputy County Executive / Cultural Resources
Agency Auburn Arts Commission
Project Title Venue for 2000-2001 King County Performance Network
Contract Amount $5,000. Fund Code H/M - Performance Network
Contract Period From: 10/01/2000 To `05/31/2001
KING COUNTY AGENCY SERVICES CONTRACT - 1999
THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Arts Commission,
whose address is 25 West Main, Auburn WA 98001, (the "Agency").
WHEREAS, the County has been advised that the following are the current funding sources, funding levels
and effective dates:
FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES
COUNTY $5,000. 10/1/00 to 5/31/01
FEDERAL
Federal Catalogue No. to
STATE to
to
TOTAL $5,000. 10/1/00 to 5/31/01
and
WHEREAS, the County desires to have certain services performed by the Agency as described in this
Contract, and as authorized by Motion No. 10976.
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:
Ordinance 5444 - Exhibit A 1
I. SCOPE OF SERVICES
The Agency 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 Service Attached hereto as Exhibit A
? Personnel Inventory Report (KCC 12.16) Attached hereto as Exhibit
? Affidavit and Certificate of Compliance (KCC 12.16) Attached hereto as Exhibit
? 504/ ADA Disability Assurance of Compliance Attached hereto as Exhibit
? Attached hereto as Exhibit
? Attached hereto as Exhibit _
? Attached hereto as Exhibit _
? Attached hereto as Exhibit _
II. DURATION OF CONTRACT
This Contract shall commence on the 0 day of October 2000, and shall terminate on the 31" day of
May 2001, 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 agency for satisfactory completion of the services and
requirements specified in this Contract in an amount not to exceed $5,000. , payable in the
following manner:
As specified in the scope of service.
B. The Agency shall submit an invoice and all accompanying reports as specified in the attached
exhibits not more than 30 working days after the close of each indicated reporting period. The
County will initiate authorization for payment after approval of corrected invoices and reports.
The County shall make payment to the Agency not more than 45 days after the appropriate
invoice is received.
C. The Agency shall submit its final invoice and all outstanding reports within 30 days of the date
this Contract terminates. If the Agency's final invoice and reports are not submitted by the day
specified in this subsection, the County will be relieved of all liability for payment to the
Agency of the amounts set forth in said invoice or any subsequent invoice.
IV. OPERATING BUDGET
When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the
County under this Contract in accordance with said budget. The Agency shall request prior approval
from the County for amendment to this Contract when the cumulative amount of transfers among the
budget categories is expected to exceed 10% of the Contract amount. Supporting documents
necessary to explain fully the nature and purpose of the amendment must accompany each request
for an amendment.
Ordinance 5444 - Exhibit A
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V. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental accounting
and financial reporting standards.
VI. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial, and
programmatic records and other such records as may be deemed necessary by the County to
ensure proper accounting for all Contract funds and compliance with this Contract.
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
Revised Code of Washington (RCW) Chapter 40.14.
C. The Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Contract, of the aforesaid books, records, documents, and
other evidence and shall notify the County in writing of any changes in location within ten (10)
working days of any such relocation.
VII. AUDITS
A. If the Agency expends a total of $300,000 or more in federal financial assistance and has
received federal financial assistance from the County during its fiscal year, 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, Programs, Activities, and Functions; and OMB
Circulars A-133, as amended, and as applicable. The Agency shall provide a copy of the audit
report to each County division providing financial assistance to the Agency no later than six (6)
months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the
County their response and corrective action plan for all findings and reportable conditions
contained in their audit. When reference is made in their audit to a "Management Letter" or
other correspondence made by the auditor, the Agency shall provide copies of those
communications and the Agency's response and corrective action plan.
B. If the Agency 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 VII.A.
VIII. EVALUATIONS AND INSPECTIONS
A. The Agency 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 Agency in the case of fiscal audits to be conducted by the County.
B. 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.
Ordinance 5444 - Exhibit A
Y
C. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency'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 KCC Chapter 42.17.
IX. CORRECTIVE ACTION
If the County determines that a breach of Contract has occurred, that is, the Agency has failed to
comply with any terms or conditions of this Contract or the Agency 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 Agency in writing of the nature of the breach;
B. The Agency 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 Agency'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 Agency in writing of the County's determination as to the sufficiency
of the Agency's corrective action plan. The determination of sufficiency of the Agency's
corrective action plan shall be at the sole discretion of the County;
D. In the event that the Agency does not respond within the appropriate time with a corrective
action plan, or the Agency'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 XI.B;
E. In addition, the County may withhold any payment owed the Agency or prohibit the Agency
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 XI, Subsections A, B, C, D, and E.
X. ASSIGNMENUSUBCONTRACTING
A. The Agency 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 be sought in writing by the Agency not less than fifteen (15) days prior to the date
of any proposed assignment.
B. "Subcontract" shall mean any agreement between the Agency and a subcontractor or between
subcontractors that is based on this Contract, provided that the term "subcontract" does not
include the purchase of (1) support services not related to the subject matter of this Contract, or
(2) supplies.
Ordinance 5444 - Exhibit A 4
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XI. TERMINATION
A. This Contract may be terminated by the County without cause, in whole or in part, prior to the
date specified in Section II, by providing the Agency 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) the Agency materially breaches any duty, obligation, or service
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 XI.B. L, the Agency
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 Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency
shall return to the County immediately any funds, misappropriated or unexpended, which have
been paid to the Agency by the County.
C. If expected or actual funding is withdraw, reduced, or limited in any way prior to the
termination date set forth above in Section II, the County may, upon written notification to the
Agency, 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 Agency shall be released from any obligation to
provide such further services pursuant to the Contract as are affected by the termination.
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 the
Contract. Should such appropriation not be approved, this Contract will terminate at the close
of the current appropriation year.
D. The Agency may terminate this Contract upon seven (7) days written notice, should the County
commit any material breach of this Contract.
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.
XII. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
XIII. HOLD HARMLESS AND INDEMNIFICATION
A: In providing services under this Contract, the Agency is an independent Contractor, and neither
it nor its officers, agents, or employees are employees of the County for any purpose. The
Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social
Ordinance 5444 - Exhibit A
It -
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 Agency, its employees, and/or others by reason of this Contract.
The Agency shall protect, 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, agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation,
wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or
supplies by Agency employees or other suppliers in connection with or support of the
performance of this Contract.
B. The Agency 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 Agency, its
officers, employees, agents, and/or representatives. This duty to repay the County shall not be
diminished or extinguished by the prior termination of the Contract pursuant to the Duration of
Contract or the Termination section.
C. The Agency 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
Agency, its officers, employees, and/or agents, in its performance and/or non-performance of
its obligations under this contract. The Agency 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 Agency, by mutual negotiation, hereby
waives, as respects the County only, any immunity that would otherwise be available against
such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the
County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the Agency.
D. The County will protect, defend, indemnify, and save harmless the Agency, 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
County, its officers, employees, or agents. The County agrees that its obligations under this
subparagraph extends 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 County, by mutual negotiation, hereby
waives, as respects the Agency only, any immunity that would otherwise be available against
such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the
Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to
enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
from the County.
Claims shall include, but not be limited to, assertions that use or transfer of software, book,
document, report, film, tape, or sound reproduction or material of any kind, delivered
hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or
otherwise results in unfair trade practice.
Ordinance 5444 - Exhibit A
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XIV. INSURANCE REQUIREMENTS
A. By the date of execution of this Contract, the Agency 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 Agency, its agents, representatives, employees, and/or subcontractors. The costs of such
insurance shall be paid by the Agency or subcontractor. The Agency 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; except
that insurance on a "claims made" form may be acceptable with prior County approval.
If coverage is approved and purchased on a "claims made" basis, the Agency 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 Contract termination, and/or conversion from a "claims made" form to an "occurrence"
coverage form.
By requiring such minimum insurance, the County shall not be deemed or construed to have
assessed the risks that may be applicable to the Agency under this Contract. The Agency shall
assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or
broader coverage.
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 directory 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:
In the event that services delivered pursuant to this Contract involve the transportation of clients
by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall
provide evidence of the appropriate automobile coverage.
Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8,
or 9.
Ordinance 5444 - Exhibit A 7
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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.
C. Minimum Limits of Insurance
The Agency shall maintain limits no less than, for:
1. General Liability: $1,000,000. combined single limit per occurrence by 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.
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 apply to the Agency's
liability to the County and shall be the sole responsibility of the Agency.
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 Policies
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 Agency in connection with this Contract.
b. To the extent of the Agency's negligence, the Agency'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 Agency's insurance or
benefit the Agency in any way.
c. The Agency's insurance shall apply separately to each insured against whom claim is
made and/or lawsuit is brought, except with respect to the limits of the insurer's
liability.
Ordinance 5444 - Exhibit A 8
2. All Policies
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 ANIII, 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 exception must be approved by King County.
If, at any time, 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 Agency shall, upon notice to that effect from the County, promptly obtain a new
policy, and shall submit the same to the County, with appropriate certificates and endorsements,
for approval.
G. Verification of Coverage
The Agency 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 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 Agency shall include all subcontractors as insureds under its policies 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.
Municipal or State Agency Provisions
If the Agency 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.
XV. NONDISCRIMINATION
A. King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth
herein and such requirements apply to this Contract; provide d however, that no specific levels
of utilization of minority and women in the workforce of the Agency shall be required, and the
Agency is not required to grant any preferential treatment on the basis of race, sex, color,
ethnicity or national origin in its employment practices; and provided further that,
Ordinance 5444 - Exhibit A
+.
notwithstanding the foregoing, any affirmative action requirements set forth in any federal
regulations, statutes or rules included or referenced in the contract documents shall continue to
apply.
B. During the performance of this Contract, neither the Agency nor any party subcontracting under
the authority of this Contract shall discriminate nor tolerate harassment on the basis of race,
color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the presence of
any sensory, mental, or physical disability in the employment or application for employment or
in the administration or delivery of services or any other benefits under this Contract.
The Agency 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.
C. During the performance of this Contract, neither the Agency nor any party subcontracting 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 therefor, which indicates
any discrimination unless based upon a bona fide occupation qualification;
4. Employment agency to discriminated 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 KCC 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 KCC 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 KCC Chapter
12.18.030C., 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:
Ordinance 5444 - Exhibit A 10
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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. Reporting
1. The Agency entering into a contractor agreement with King County valued at $25,000 or
more shall submit to the County Executive a total personnel inventory report providing
employment data for minorities, females, and persons with disabilities.
The Agency shall complete the employment profile form provided by the County and
attach the completed form to this Contract. Subject to the provisions of KCC Chapter
12.16.060, the Agency's personnel inventory report shall be effective for two years after
the date on which the report was submitted.
The Agency entering into a contract with King County valued at more than $25,000,
contracts which in the aggregate have a value to the Agency of more than $25,000 should
submit an affidavit of compliance in the form provided by the County, demonstrating
commitment to comply with the provisions of KCC Chapter 12.16 in accordance with
paragraph A of this Section XV.
The Agency 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 KCC
Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years
after the date on which the report was submitted.
If the Agency engages in unfair employment practices as defined above, remedies as set
forth in KCC Chapter 12.18 shall be applied.
The Agency will complete all reports and forms (including Department of Social and
Health Services non-discrimination forms, where applicable) provided by the County and
will otherwise cooperated fully with the County in monitoring and assisting the Agency in
providing nondiscriminatory programs.
XVI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. In accordance with the provisions of Washington Initiative 200, no County Minority and
Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum
level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is
required and no preference will be given by the County to a bidder or proposer for their
M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be
included in the contract documents is not required. Provided, however,. that any affirmative
action requirements set forth in any federal regulations or statutes included or referenced in the
Contract documents will continue to apply.
Ordinance 5444 - Exhibit A 11
B. During the term of this Contract, the Agency shall not create barriers to open and fair
opportunities for M/WBEs to participate in all County contracts and to obtain or compete for
contracts and subcontracts as sources of supplies, equipment, construction and services. In
considering offers from and doing business with subcontractors and suppliers, the Agency shall
not discriminate against any person on the basis of race, color, creed, religion, sex, age,
nationality, marital status, sexual orientation or the presence of any mental or physical disability
in an otherwise qualified disabled person.
C. The Agency shall maintain, until at least 12 months after completion of all work under this
contract, records and information necessary to document its level of utilization of M/WBEs and
other businesses as subcontractors and suppliers in this contract and in its overall public and
private business activities. The Agency shall also maintain, until 12 months after completion of
all work under this contract, all written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate in this Contract. The Agency shall make
such documents available to the County for inspection and copying upon request. If this
contract involves federal funds, Agency shall comply with all record keeping requirements set
forth in any federal rules, regulations or statutes included or referenced in the contract
documents.
D. King County encourages the utilization of minority owned businesses ("MBEs") and women-
owned businesses ("WBEs")(collectively, "M/WBEs") in County contracts. The County
encourages the following practices to open competitive opportunities for M/WBEs:
• Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide
project information and to inform M/WBEs of contracting and subcontracting
opportunities.
• Placing all qualified small businesses attempting to do business in King County, including
M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities
to M/WBEs and all other small businesses capable of performing the work, including
without limitation all businesses on any list provided by the County, in sufficient time to
allow such businesses to respond to the written solicitations.
• Breaking down total requirements into smaller tasks or quantities, where economically
feasible, in order to permit maximum participation by small businesses including
MfWBEs.
• Establishing delivery schedules, where the requirements of this contract permit, that
encourage participation by small businesses, including M/WBEs.
• Providing M/WBEs that express interest with adequate and timely information about
plans, specifications, and requirements of the contract.
• Utilizing the services of available minority community organizations, minority contractor
groups, local minority assistance offices, the County, and other organizations that provide
assistance in the recruitment and placement of M/WBEs.
E. Any violation of the mandatory requirements of the provisions of this Section shall be a material
breach of contract for which the Agency may be subject to damages and sanctions provided for
by contract and by applicable law.
Ordinance 5444 - Exhibit A 12
XVII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT
The agency has completed a Disability Self-Evaluation Questionnaire for all programs and services
offered by the Agency (including any services not subject to this Contract); and has evaluated its
services, programs and employment practices for compliance with Section 504 of the Rehabilitation
Act of 1973, as amended ("504") and the Americans with Disabilities Act ("ADA"). The Agency
has prepared a Corrective Action Plan for structural, programmatic, and/or service changes
necessary at each of its premises within the State of Washington to comply with 504 and the ADA,
and it is attached as an exhibit to this Contract and is incorporated herein by reference.
XVIII. SUBCONTRACTS AND PURCHASES
The Agency will include the above Sections XV,,XVI, and XVII in every subcontract or purchase
order for goods or services which are the subject matter of this Contract.
XIX. CONFLICT OF INTEREST
KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to
abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of
said KCC Chapter shall be a material breach of contract.
A. The Agency 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 program
funded herein, or any other person who presently exercises any functions or responsibilities in
connection with the planning and implementation of the program funded herein shall have any
personal financial interest, direct or indirect, in this Contract. The Agency shall take
appropriate steps to assure compliance with this provision.
B. If the Agency violates the provisions of Subsection XIX.A. or does not disclose other interest
required to be disclosed pursuant to KCC Chapter 3.04, 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
XI. above, as well as any other right or remedy provided in this Contract or law.
XX. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this Contract
shall be used for any partisan political activity or to further the election or defeat of any candidate
for public office.
XXI. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a
cost of $1,000 per item or more, when the purchase of such equipment is reimbursable as a
Contract budget item, is upon its purchase or receipt the property of the County and/or
federal/state government.
B. The Agency shall be responsible for all such property, including the proper care and
maintenance of the equipment.
Ordinance 5444 - Exhibit A 13
C. The Agency will ensure that all such equipment will be returned to the County or federal/state
government upon termination of this Contract unless otherwise agreed upon by the parties.
D. The Agency will admit the County's Property Management Officer to the Agency's premises
for the purpose of marking such property with County property tags.
E. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract
funds.
XXII. NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such notice shall
be:
A. In writing; and
B. Directed to the chief executive officer of the Agency and the director/manager of the County
department/division specified on page 1 of this Contract.
Any time within which a party must take some action shall be computed from the date that the notice
is received by said party.
XXIII. PROPRIETARY RIGHTS
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or
article should result from the work described herein, all rights accruing from such material or article
shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the
County, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or
article and use any method that may be developed as part of the work under this Contract. The
foregoing license shall not apply to existing training materials, consulting aids, checklists, and other
materials and documents of the Agency which are modified for use in the performance of this
Contract.
XXIV. 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.
XXV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
The Agency 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.
Ordinance 5444 - Exhibit A 14
V 1h
if the cost of recycled paper is more than 15%o higher than the cost of non-recycled paper, the
Agency may notify the Contract Administrator, who may waive the recycled paper requirement.
The Agency shall use both sides of paper sheets for copying and printing and shall use
recycled/recyclable products wherever practical at the fulfillment of this Contract.
XXVI. 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 of breach of any
provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of the Contract unless stated to be such
through written approval by the County, which shall be attached to the original Contract.
XXVII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44,
69.54, 70.96A, 71.05, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of
Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between
the Department of Social and Health Services and King County, as amended, and regulations of the
state and federal governments, as applicable, which control disposition of funds granted under this
Contract, all of which are incorporated herein by reference.
In the event that there is a conflict between any of the language contained in any exhibit or
attachment to this Contract, the language in the Contract shall control over the language contained in
the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary.
KING COUNTY:
FOR
King County Executive Signature
Date
Chatles A. Booth
Name (Please type or print)
Mayor
Title (Please type or print)
November 7, 2000
Date
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
December 11. 1998
Ordinance 5444 - Exhibit A
15
Approved as to Form:
u
Michael J. Reynolds
City of Auburn Attorney
M .
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 and contract work sheet submitted to
and approved by the King County Arts Commission.
Partial support for: Participation as a presenting organization in the 2000-2001 King County Performance
Network to include:
M-Pact on Friday, October 13, 2000 at 7:30 pm at Auburn Performing Arts Center
Spectrum Dance Theater on Saturday, January 13, 2001 at 7:30 pm at Auburn Performing Arts Center
Mini-SPROUTS Childrens' Theatre on Saturday, February 3, 2001 at 2 pm at Auburn Riverside Theatre
Amount: $5,000.
For artist fees and program expenses. Payable upon submittal of invoice and documentation regarding
Schedule, Location and Budget for Performance Network events.
Upon completion of Performance Network events, please submit:
¦ Final budget, actual and completion of evaluation form
¦ Final report of program accomplishments
¦ Programs, brochures, flyers if available
PUBLIC BENEFIT
All performances will be open and accessible to the public.
Events will be affordable for family audiences.
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 graphic is recommended:
King County
r
Arts Commission King County
Arts Commission
Hotel/Motel Tax Fund Hotel/Motel Tax Feed
Final payment will not be made until acknowledgment is submitted on printed material
Ordinance 5444 - Exhibit A