HomeMy WebLinkAbout5624ORDINANCE NO. 5624
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. D30776D.
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 FIVE THOUSAND and NO /100 DOLLARS
($5,000.00), pursuant to Contract No. D30776D 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. D30776D, which is attached hereto and
designated Exhibit "1 ", and is incorporated herein by this reference, between the
King County Office of Cultural Resources and the City of Auburn Arts
Ordinance No. 5624
January 2, 2002
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:
January
22,
2002
PASSED:
January
22,
2002
APPROVED:
January
22,
2002
PETER B. LEWIS
MAYOR
Ordinance No. 5624
January 2, 2002
Page 2 of 3
ATTEST:
/i
14 WaA
Danielle E. D.
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published: / d ''0100
Ordinance No. 5624
January 2, 2002
Page 3 of 3
King County Contract No.
Contractor's Federal Taxpayer ID No.
Department/Division Deputy County Executive / Cultural Resources
Agency Auburn Arts Commission / City of Auburn
Project Title
Artisans in Schools"
Contract Amount $
J,000.
Contract Period From:
09/01/01
D30776D
Fund Code H/M — Cultural Arts Education
To: 06/30/02
KING COUNTY AGENCY SERVICES CONTRACT - 2001
THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Arts Commission/
City of Auburn, whose address is 25 West Main Street, 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. 11281.
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 1 st day of September, 2001, and shall terminate on the
30th 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 $5.000. for completion of the services and requirements
specified in Exhibit A attached.
II1. EVALUATIONS, RECORDS AND INSPECTIONS
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.
Ordinance 5624 Exhibit "1"
King County Contract No. D30776D
Page I of 7
Page 1 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,
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.
V. TERMINATION
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 Il, 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.
Ordinance 5624 Exhibit "1"
King County Contract No. D30776D
Page 2 of 7
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
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 be 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' Comnensation 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.
Ordinance 5624 Exhibit" F
King County Contract No. D30776D
Page 3 of 7
Page 3 of 7
IX. 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; 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 RCW 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
unfair 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.
Ordinance 5624 Exhibit "1"
King County Contract No. D30776D
Page 4 o£7
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
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.
Ordinance 5624 Exhibit "I"
King County Contract No. D30776D
Page 5 of 7
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
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.
Ordinance 5624 Exhibit "I"
King County Contract No. D30776D
Page 6 of
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: Contractor:
FOR
AKinoun / xeqq the Signature
/ vLPeter B. Lewis
ate Name (Please type or print)
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
March 7, 2001
Ordinance 5624 Exhibit" 1"
King County Contract No. D30776D
Page 7 of 7
Title (Please type or print)
January 22, 2002
Date
Page 7 of 7
EXHIBIT A
SCOPE OF SERVICE
Auburn Arts Commission/City of Auburn 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 Cultural Education Advisory Committee, King County Arts Commission
and King County Council.
Partial support for "Artisans in Schools" in collaboration with Gildo Rey Elementary School in the
Auburn School District. This project will bring performing artists from Auburn's BRAVO! Series to
Gildo Rey as a model for future collaborative efforts between the AAC and the Auburn School District.
The principal and teachers at Gildo Rey will meet with AAC staff to form an "Artisans in School
Committee." This committee will plan 4 residencies: 3 short residencies of a minimum of 1 day of class
work at a designated grade level with a performance for the student body, and 1 extended residency of up
to 2 weeks. The committee will also develop lessons for teachers in preparation for the artists' visits as
well as follow up projects linked to the curriculum, including writing activities. School staff will attend a
mini in-service before each residency.
Phase I: $2,500
For planning costs and fees. Payable upon submittal of invoice/documentation regarding:
• Project schedule
• Curriculum outline
Phase II: $2,500
For remaining fees and project costs. Payable upon completion of classes, submittal of invoice and
documentation regarding:
• Completion of evaluation forms
• Final report of project activities
• Programs, brochures, flyers if available
NOTIFICATION OF EVENTS AND ACTIVITIES
Project directors are requested to notify the King County Office of Cultural Resources in advance of
project activities including classes, workshops, exhibitions or performances.
PUBLICITY/PROMOTION POLICY
Prominent acknowledgment of the King County Arts Commission and Hotel/Motel Tax Revenues is
required of all recipients for use in all publicity and promotional materials, including, but not limited to
brochures, press releases, programs, posters, public service announcements, flyers and advertisements.
Final payment can not be made until proof of acknowledgment is submitted on printed material. The
following is recommended:
OKing County
Arts Commission
X0401/Motel Tea Fund