HomeMy WebLinkAbout444211 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 4 4 2 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 FORTY DOLLARS, ($3,940), AND AUTHORIZING THE MAYOR TO ACCEPT THE GRANT FROM KING COUNTY FOR THE PURCHASE OF ARTISTIC SERVICES. 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 FORTY DOLLARS, ($3,940), which constitutes a Grant pursuant to the Agreement between the City of Auburn and King County, to purchase artistic services. Section 2. The Mayor and City Clerk of the City of Auburn are authorized to execute Grant Contract No. D15806D which will provide grant funding to the City of Auburn for use by the City in purchasing artistic services. A copy of said Grant Agreement is attached hereto and designated, Exhibit A and is incorporated by reference in this Ordinance. ------------------- Ordinance No. 4442 June 8, 1990 Page 1 1 2 3 is 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 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: 2` "I-) qj PASSED: O� APPROVED: Al�ezl";J��� MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marguerite Schellentrager, City Attorney Published: / 9/ 1?6 ------------------- Ordinance No. 4442 June 8, 1990 Page 2 ENCLp SED FOR YOUR FILE,, r _ ' •. OF YOUR CONTRACT SIGNED COPY WITH KING COUNTY Contract No. D15806D DEPARTMENT Parks, Planning and Resources/Cultural Resources Division/Arts Commission CONTRACTOR AUBURN ARTS COP41VIISSION SERVICES PROVIDED Artistic AMOUNT S 3.940.00 DURATION June 26, 1990 FUND SOURCE Touring Arts TO December 31, 1990 CONTRACT FOR TECHNICAL/PROFESSIONAL CONSULTANT SERVICES THIS CONTRACT is entered .into by KING COUNTY (the "County"), and AUBURN ARTS COPIMISSION (the "Contractor"), whose address is 25 West Main, Auburn, IVA 98001 The County is undertaking certain activities related to the purchase of artistic services. and, The County desires to encaoe the Contractor to render certain technical or professional services in connection with such undertakings of the County, 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. SCOpr 0= SZRV r7S 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: xI Scope of Services Attached hereto as Exhibit One REP ho• Attached hereto as Exhibit I Response to RFP Deed: Attached hereto as Exhibit j King county Code Chaoter 3.04 Attached hereto as Exhibit (Disclosure) King County Code Chapter 12.i6 *Attached hereto as Exhibit (ATTirmiEtive Action) Y.ine County Code Chapter 4. 18 *Attached hereto as Exhibit M nority/womens' Business) *Copies available from: ii. DURATION 0= CONTRACT OFFICE OF Civil Rights and Compliance 516 Third Avenue, Room E-224 King County Courthouse Seattle, Washington 98104 (206) 296-7;,92 This Contract shall comp -hence on the 26 day of June io 90 and shall terminate on the 31 day off December ,19 90 unless extended.. or terT;inated earlier, pursuant t0 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 S 3,940.00 payable in the following manner: Payment in full upon completion of services and receipt of invoice and evaluation forms. 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 that corrective action; as specified by the County, has been completed. This right is in addition to and not in lieu of the Caunty's right to terminate this Contract as provided in Section IV below. IV. TERMINATION A. This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified above in Section II, upon providing the Contractor ten (10) days' advance written notice of the termination. B. The County may terminate thi s Contract, in whole or in part, upon five (5 ) 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 the Contract is terminated by the County pursuant to this Subsection IV(B) (1)9 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. C. The County may terminate this Contract in whole or in part upon written notice to the Contractor 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. 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.'--. D. Nothing herein shall limit, waive, or extinguish any right or remedy pro- vided by this Contract or by 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. . V. . MAINTENANCE OF RECORDS A.- The Contractor 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 project funds and compliance with this Agreement. 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. VI. AUDITS AND EVALUATION 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. 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. 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 reasonable required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. VII. 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. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, not an employee 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 to, or on behalf of, the Contractor, its employees or others by reason of this Contract. The Contractor shall protect, indemnify and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and losses whatsoever occurring or resulting from 1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes; and 2) the supplying to the Contractor of work, services, materials, or supplies by agency employees or others in connection with the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and shall repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act or failure for any reason' to -comply with the terms of this Contract by the Contractor, its officers, employees, agents, or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to Section II or Section IV. 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, or awards of: damages, arising out of or in any way resulting from the negligent acts or omissions of the Contractor, its officers, employees, or agents. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, or cause of action brought by or on behalf of any employee of the Contractor against the County, its officers, agents, or employees, and includes any judgment, award, and cost arising therefrom, including attorney fees. dV)1)0 Z/V 7-c ' T/P SER 90 -3- Claims shall include, but not be limited to, assertions that the use or transfer of any 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, or otherwise results in unfair trade practice. D. The Contractor shall procure and maintain for the duration of this agreement 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, his agents, representatives, employees, or subcontractors. The cost of such insurance shall be paid by the Contractor. 1. Minimum Scope of Insurance Professional Liability, Errors and Omissions insurance, in 'the event that services delivered pursuant to this contract either directly or indirectly involve or require providing professional service. "Professional Services," for purposes of this contract section, shall mean any services provided by a licensed professional. 2. Minimum Limits of Insurance Contractor shall maintain limits of insurance of no less than $500,000. 3. Deductibles and Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by the County. At the option of the County, the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects King County, its officers, officials and employees. The deductible and/or self -insured retention shall not apply to the Contractor's liability to the County and shall be the sole respon- sibility of the Contractor. 4. Other Insurance Provisions The policy shall be endorsed to state that coveraae shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County. 5. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than BT:VII, or if not rated by Bests's, with minimum surpluses the equivalent of Bests' BT:VII rating. 6. Verification of Coverage Contractor shall furnish the County with certificate of insurance and with endorsements effecting coverage required by this Contract. The endorsement and certificate are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsement are to� ue-'provided on forms provided or approved by the County and are to be received and approved by the County before work commences. The County reserves the right to require complete, cer- tified copies of all required insurance policies, at any time. IX. CONFLICT Or INTEREST A. The Contractor convenants 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 Agency. violates the provisions of Subsection IX(A) or does not disclose other interests required to be disclosed pursuant to King County Code Chapter 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 IV(B)(1) above as well as any other right or remedy provided in this Contract or law. X. NONDISCRIMINATION 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 Agreement. 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, Chapter 49.60 of the Revised Code of Washington, 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. XI. MINORITY AND WOMEN'S BUSINESS ENTERPRISES King County Code Chapter 4.18 is incorporated by reference herein and the Contractor fully agrees to the conditions of said Chapter. Failure by the Contractor to comply with any requirements of this Chapter shall be a material breach of contract. During the term of this Contract, the Contractor shall: A.. Comply, as to tasks and proportionate dollar amount throughout the term of this Contract, with any plans made in its proposal for the use of minority business enterprises and/or women's business enterprises. 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 woman -owned business, the requirement for minority and women's business set -aside shall not apply. B. Request approval for any proposed substitution of minority/women's businesses. The King County Office of Civil Rights and Compliance will approve the substitution of a 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 supple- ments, 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 enterprise promises not to provide subcontracting quotations to other responding or potential responding parties. &�Jk z/v4z,�L- T iD crD nn E. Meet the goals of -this Contract for contracting with minority/women's busi- ness enterprises. 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 MWB goal of %.Minority and woman -owned firms utilized to fill these requirements must have been certified by the State of Washington Office of Minority and Women's Business Enterprises and recognized by the Director of the King County Department of Executive Administration prior to the time the proposal is submitted. 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 dama- ges 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 investiga- tion and enforcement and other damages and costs caused by the violation. The Contractor shall be liable to the County for such liquidated damages in the event the Contractor or a subcontractor fails to perform a commercially useful function and/or operates as a broker, front, conduit, or pass - through, as defined in King County Code, Chapter 4.18. XII.. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from work described herein, all rights accruing from such material or article shall be the sole property of the .County. The foregoing shall not apply to existing training materials, consulting aids, check lists and other materials and documents of the Contractor which are modified for use in the performance of this Contract. -,- ba�l)d XIII. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this contract is the complete expression of the terms hereto and any oral 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 waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Contract. COUNTY: Y'eaWI004_FOR gnaturet. ZT_ — Name KING COUNTY EXEC UTIVE Title JUL 2 41990 Date Director, Department of Executive Administration 3d� �oea ✓� er Name rAa�jn r -Title Tj,, 9))g90 Date Approved as to Form: Deputy Prosecuting Attorney for NORM MALENG King County Prosecuting Attorney Individual Artist SS r or Organization IRS # ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORII: K���,dy - �r �IlaSchellentrager, City Attorn( 6�d T/P SER 90. _�_ Contract for Technical/Professional Consultant Services EXHIBIT ONE 1. SCOPE OF SERVICES: AUBURN ARTS COMMISSION and the King County Arts Commission mutually agree that the following services be provided: Touring Arts performances administered in a block grant by the Auburn Arts Commission to the following: Auburn Arts Commission: $1,940 for Sandy Bradley on July 13 at time to be announced; and Seattle Mime Theater on August 17 at a time to be announced, both performances at the Game Farm Park Amphitheatre. � h �,�, ►ate Auburn Public Library: $600 fo,� C� �p�gnolj . on d�36, 3 p.m.; Seattle Pupp tory The t r on P.m.; and Clay Martin's Puppet Theatre on �;.m. All performances at the Auburn Public Library, 808 - 9th Street SE, Auburn. Auburn Parks and Recreation: $750 for Azanga Marimba on July 18; Carter Family Marionettes on July 25; and Gamelan Pacifica on August 1, all performances to be at 12 noon at Les Gove Park, Auburn. Auburn Business Improvement Area: � Emerald City Brass Quintet on August 16, all at 12 noon at the "Minimall" at and Main Street, Auburn. -Wj 650 for Sockeye on July'L6, 2, and Michael Powers on August the corner of "B" Street SE All performances are open to the public. COMPLIMENTARY TICKET POLICY The artist or organization must provide access to any performance or event described in Exhibit One. Scope of Services for the purpose of evaluation. A maximum of four tickets may be requested at no cost to the County for- members of the Arts Commission or its staff or an on -site reviewer, who is requested b_v the Arts Commission. PUBLICITY/PROMOTION All publicity and promotional materials including. but not limited to, brochures. Dress releases, programs. posters, public service announcements. f1�7ers and advertisements. ..shaL credit the King Coun?v Arts Commission for its support of this project. 504 CO1TPLIANCE—KING COUNTY ORDINANCE 9051 An ordinance relating to handicap access to arts proor ams and activities, directing that all art: organizations funded by the King County Arts Commissions be in compliance with Section 504 of the federal Rehabilitation Act of 1973, as amended. All future allocations by the King County Arts Commission to all arts organizations with annual budgets of more than �1 million shall be contingent upon their being in compliance with the requirements of Section 504, as amended. All allocations by the Kin- Countv Arts Commission subsequent to January 1, 1990 to arts organizations with annual budgets of less than $1 million shall be contingent upon the organization's contract: Pl'.�. agreeing to submit a plan by September 1,1990, for compliance with the requirements of Section 504, as amended. Those plans must provide for compliance by September 1. 1991.