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HomeMy WebLinkAbout5595ORDINANCE NO. 5595 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 FOUR THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($4,500.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. D30575D. WHEREAS, the Auburn Arts Commission submitted an application for the Organizational Support Program (OSP); and and WHEREAS, acceptance of the grant will benefit the citizens of Auburn; 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 FOUR THOUSAND FIVE HUNDRED and NO /100 DOLLARS ($4,500.00), pursuant to Contract No. D30575D 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. D30575D, which is attached hereto and designated Exhibit "l ", and is incorporated herein by this reference, between the King County Office of Cultural Resources and the City of Auburn Arts Ordinance No. 5595 October 17, 2001 Page 1 of 3 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: November 5, 2001 PASSED: November 5, 2001 APPROVED: November 5, 2001 C" ( ' f�t"-t CHARLES A BOOTH MAYOR Ordinance No. 5595 October 17, 2001 Page 2 of 3 ATTEST: Da ielle E. Daskam, City Clerk APPROVED AS TO FORM: ALL— Michael J4 Holds City Attorney Published: /f ✓i `o1 Ordinance No. 5595 October 17, 2001 Page 3 of 3 r 44 1001 ('/N7YQ A BURN Is BE King County Contract No. D30575D Contractor's Federal Taxpayer ID No, Department/Division Deputy County Executive / Cultural Resources Agency Auburn Arts Commission Project Title Participation as a presenting organization in the 2001-2002 K. C. Performance Contract Amount $ 4,500. Fund Code H/M — Performance Network Contract Period From: 09/01/01 To: 06/30/02 KING COUNTY AGENCY SERVICES CONTRACT 2001 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Arts Commission, whose address is 25 West Main, Auburn WA 98001 (the "Contractor"). WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by Motion No. 11306. 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. DURATION OF CONTRACT This Contract shall commence on the 15' day of September, 2001, and shall terminate on the V day of June, 2002, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. II. COMPENSATION AND METHOD OF PAYMENT The County shall pay Agency a total of $4,500. for completion of the services and requirements specified in Exhibit A , attached. III. EVALUATIONS RECORDS AND INSPECTIONS Ordinance 5595 Exhibit 1 Page 1 of 7 A. The Contractor shall provide right of access to its facilities, 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 an audit to be conducted by the County. Page I of 7 B. 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. if State funding is awarded in conjunction with this project, 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. 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. 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 during the performance of this Contract. C. 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. IV. ASSIGNMENT/SUBCONTRACTING 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 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, Provide d 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. V. TERMINATION )rdinance 5595 Exhibit 1 'age 2 of 7 This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section I, by providing the Contractor thirty (30) days advance written notice of the termination. The County may terminate this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor 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 expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Section It, the County may, upon written notification to the Contractor, terminate this Contract in whole or in part. 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. Page 2 of 7 The Contractor may terminate this Contract upon thirty (30) days written notice, should the County commit any material breach of this Contract. VI. 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. VII. HOLD HARMLESS AND INDEMNIFICATION The Contractor agrees to protect, defend, and indemnify the County, its officers, officials, 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 activities associated with this Contract, by the Contractor, its employees, representatives, volunteers and/or agents. In the event the County incurs any costs including attorneys fees to enforce the provisions of this article, all such costs and fees shall be recoverable from the Contractor. VIII. INSURANCE Ordinance 5595 Exhibit t Page 3 of 7 By the date of execution of this Contract, the Contractor shall, for the duration of this Contract, procure, maintain and provide evidence of coverage for the applicable insurance required as outlined below: General Liability: Coverage shall he at least as broad as Insurance Services Office form number (CG 00 01 Ed. 11-88) Commercial General Liability, in the amount of at least $1.000.000. combined single limit per occurrence. King County, its officers, officials, employees and agents shall be included or endorsed as an additional insured. Automobile Insurance: In the event the performance of this Contract requires the use of an automobile, automobile liability coverage in compliance with the statutory requirements of the State of Washington is required. Workers' Compensation Coverage: When applicable, evidence of Workers' Compensation coverage in compliance with the statutory requirements of the State of Washington shall be provided. 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. Page 3 of 7 IX. NONDISCRIMINATION Ordinance 5595 Exhibit 1 Page 4 of 7 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; provided however, that no specific levels of utilization of minorities and women in the workforce of the Contractor shall be required, and the Contractor 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, notwithstanding the foregoing, any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract document shall continue to apply. The Contractor 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 sensory, mental or physical disability in an otherwise qualified disabled person in employment. The Contractor shall not violate any of the terms of RC W Chapter 49.60, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state or local law or regulation regarding nondiscrimination in employment. B. During performance of this contract, the Contractor agrees that it will not engage in uhfair employment practices as defined by King County Code, Chapter 12.18. The Contractor agrees that it shall not discriminate against, nor tolerate harassment of, any employee or applicant for employment because of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation, or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person. The Contractor will take affirmative action to ensure that applicants and employees are treated without regard to their race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any sensory, mental or physical disability in an otherwise qualified disabled person. Such affirmative action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. C. The Contractor will, prior to commencement and during the term of this Contract, furnish the County, upon request and on such forms as may be provided by the County, a report of the affirmative action taken by the Contractor in implementing the terms of this provision, and will permit access by the County to the Contractor's records of employment, employment advertisements, application forms, other pertinent data and records for the purpose of monitoring and investigation to determine compliance with this contract. D. Failure to implement and carry out the obligations outlined in this section in good faith may be considered by the County a material breach of this Contract and may be grounds for cancellation, termination, or suspension of the Contract, withholding payment, or invoking the enforcement provisions of K.C.C. 12.16 which provides for penalties, liquidated damages, or other remedies. Page 4 of 7 E. As required by King County Code Chapter 12.16, the Contractor shall provide the County with assurance of their compliance with the provisions of Section 504 of the Federal Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990. The Contractor shall complete and maintain in its office a Section 504 self evaluation and corrective action plan. An assurance of compliance, contained in the corrective action plan, must be signed, notarized and submitted to the County before the Contract will be signed by the County. F. In addition to the general prohibition against discrimination stated above, the following nondiscrimination provisions relating to employment of persons with disabilities shall apply to the Contractor: Reasonable Accommodation. The Contractor shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the Contractor can demonstrate that the accommodation would impair or cause undue hardship on the operation on the Contractor's business. 2. Pre-employment inquiries. The Contractor may not conduct a pre-employment medical examination or make a pre-employment inquiry as to whether an applicant is a disabled person or as to the nature or severity of a disability. The Contractor may, however, make a re-employment inquiry into an applicant's ability to perform job-related functions. Nothing in this section shall prohibit the Contractor from conditioning an offer of employment on the results of a medical examination prior to initiation of the employment if all entering employees are subject to such an examination regardless of disability. X. MINORITY AND WOMEN BUSINESS PARTICIPATION It is the County's policy that minority and women business enterprises (MWBEs) shall have the maximum practicable opportunity to participate in the performance of contracts for the County. In this regard, the Contractor is encouraged to make affirmative efforts to utilize firms certified by the Washington State Office of Minority and Women's Business Enterprises as subcontractor and suppliers in the event subcontracting or participation of firms other than the Contractor becomes necessary the performance of this Contract. The Contractor may contact the County's Minority and Women Business Enterprise Division to explain any work to be contracted and to obtain a listing of MWBEs which may be interested in performing such subcontract work. XI. CONFLICT OF INTEREST Ordinance 5595 Exhibit t Page 5 of 7 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 Contractor to comply with any requirement of said chapter shall be a material breach of contract. Page 5 of 7 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 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 Contractor shall take appropriate steps to assure compliance with this provision. B. If the Contractor violates the provisions of Subsection XVIII (A) or does not disclose other interest required to be disclosed pursuant to King County Code Section 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. XII. 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. XIII. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive officer of the Contractor and the director/manager of the County department/division specified on page 1 of this Contract. XIV. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed which are mutually agreed upon shall be incorporated by written amendments to this Contract. XV. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY Ordinance 5595 Exhibit 1 Page 6 of 7 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 the fulfillment of this Contract. Page 6 of 7 XVI. 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: Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY March 7, 2001 A p ved a o Form: f Michael J. Re olds, City Attorney Ordinance 5595 Exhibit 1 Page 7 of 7 Contractor: Signature Charles A. Booth Name (Please type or print) Mayor Title (Please type or print) November 5, 2001 Date Page 7 of 7 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 2001-2002 King County Performance Network; to include Theater Schmeater on April 13, 2002 at 7:30 pm at Auburn Performing Arts Center Second Story Repertory Theatre on March 2, 2002 at 2 pm at Auburn Riverside Theater Lelavision on February 9, 2002 at 2 pm at Auburn Riverside Theater Amount: $4,500. 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: OKing County Arts CommissionMngCOunTy Hotel/Motel Tax Fund O Arts Commission Howl/Molal U. Fund Final Payment will not be made until acknowledgment is submitted on printed material