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HomeMy WebLinkAboutITEM VIII-B-21`AUBUF~T WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Acceptance of Grant Funds from Washington State Arts Date: January 2, 2007 Commission's Pro~ect Su ort Pro ram Department: Parks, Arts and Attachments: Resolution 4136 and Budget Impact: Recreation Washington State Arts Commission Contract 2007214 Administrative Recommendation: City Council adopt Resolution 4136. Background Summary: The Washington State Arts Commission's Project Support Program awarded a BRAVO program support grant to the City of Auburn Arts Commission in the amount of $2,000., in support of the Auburn Symphony Orchestra Pops Concert on February 17`" and 18`", 2007. This performance features Celtic fiddler Eileen Ivers. Funds are dedicated as project support assistance for Eileen Ivers' artist fee. A matching obligation is not a requirement of the award and this award does not alter the proposed 2007 Arts Commission expense budget for presentation of BRAVO programs. In addition to the normal performance requirements, the City is asked to include the sponsor name and logo recognition for all printed materials and on the web site. Staff requests that Council authorize acceptance of this grant award. R-0116-2 F5.2.16 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ® Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&0 ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ®Planning & CD ^ Fire ^ Planning ^ Park Board ^Public Works ^ Legal ^ Police ^ Planning Comm. ^ Other ^Public Works ^ Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Norman Staff: Faber Meeting Date: Januar 16, 2006 Item Number: VI11.6.2 ~~,J$~ NtC)RE THAN 1'OU IMAGiN~D RESOLUTION N0.41 3 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY OF AUBURN TO ACCEPT GRANT FUNDS FROM THE WASHINGTON STATE ARTS COMMISSION PROJECT SUPPORT PROGRAM FOR SPONSORSHIP OF AUBURN SYMPHONY ORCHESTRA PERFORMANCES ON FEBRUARY 17 AND 18, 2007, AS PART OF THE BRAVO SERIES PERFORMANCES WHEREAS, the City of Auburn Arts Commission applied for grant funds to help sponsor performances in an upcoming BRAVO presentation; and WHEREAS, the City of Auburn has been advised that funds in the amount of Two Thousand and No/100s Dollars ($2,000.) have been awarded to support the BRAVO series February 17 and 18, 2007, performances of the Auburn Symphony Orchestra's Pops Concert; and WHEREAS, there is no matching obligation in the acceptance of these funds; and WHEREAS the acceptance of the grant funds will benefit the citizens of Auburn. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES as follows: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to accept a grant from the Washington State Arts Commission -Project Support Program in support of the Auburn Symphony Orchestra's February 17 and 18, 2007 performances in accordance with the attached Contract No. 2007214. A ---------------------- Resolution No. 4136 January 2, 2007 Page 1 of 2 copy of said contract is attached hereto, denominated as Exhibit "A", and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this, legislation Section 3. This resolution shall be in full force and effect upon passage. and signatures hereon. DATED this day of January, 2007. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP V AS TO FORM: iel id, City Attorney ------------------------ Resolution No. 4136 January 2, 2007 Page 2 of 2 WASHINGTON STATE ARTS COMMISSION Program: Grants to Organizations -Project Support Program FY2007 Contract. No. 2007214 GRANT CONTRACT THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION, 711 Capitol Way S, Suite 600, PO Box 42675, Olympia, WA 98504-2675 hereinafter referred to as the COMMISSION, and Name: Auburn Arts Commission Physical 910 Ninth St SE ......... Address: ...... Auburn WA 98002-6200 Mailing 910 Ninth St SE .......... Address: .............. Auburn WA 98002-6200 Phone No: (253) 931-3043 Web Site: WWW.aubltrnWa.,goy ............ .. Washington State UBI No: 171-000 010 . ................. Federal Employee Id: No. 91-6001228 Social Security Number N/A hereinafter referred to as the CONTRACTOR. THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS: A. PURPOSE OF CONTRACT This Contract sets out the terms and conditions by which the COMMISSION awards a grant to the CONTRACTOR for the purpose of developing, sponsoring, promoting or administering an activity, project or program which is related to the growth and development of the arts and humanities in the State of Washington. RCW 43.46 provides the statutory authorization for making the grant. The funding i~ administered under WAC Title 30. B. DESCRIPTION OF THE ACTIVITY PROJECT OR PROGRAM CONTRACTOR shall use funds awarded under this Contract No. 2007214 solely for the grant proposal funded through the Project Support Program for FY2007 as described in Attachment A: Scope of Work. C. AMOUNT OF GRANT l . The Commission awards State Funds in the amount of TWO THOUSAND AND 00/100 Dollars ($2,000.00) to the CONTRACTOR. 2. The Commission awards Federal Funds in the amount of ZERO AND 001100 Dollars ($0.00) to the CONTRACTOR. Applicable only if Contract includes Federal Funds: Federal Catalog of Domestic Assistance No: .45.025 Federal Grant No: OS-61.00-201.2 Grant Contract No. 2007214 1 of 3 3. The Commission awards private funds in the amount of ZERO AND 00/100 Dollars ($0.00) to the CONTRACTOR. 4. CONTRACTOR agrees to provide matching funds equal to or greater than the total funds provided by the COMMISSION. 5. Payments will be made in accordance with the payment schedule set forth in Attachment B. D. CONTRACT PERIOD Funds are awarded for the period beginning J my 1, 2007 to December 30, 2007. The CONTRACTOR must expend all funds by the ending date of this contract. Funds not expended by the ending date of this contract shall lapse unless an extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION. The CONTRACTOR shall notify the COMMISSION immediately upon knowledge that any portion of the funds will not be expended by the end of the fiscal year. E. CONTRACT REPRESENTATIVES The following shall be the contact persons for all communications and billings regarding the performance of this Contract. Either party shall provide written notification to the other of changes in contract representation. CONTRACTOR'S Contract Re resentative: COMMISSION'S Contract Re resentative Name Laurie Rose Name Christel Ratliff and Title: "~~~'~~'~' ~~'~~~" and Title: Cultural Arts Manager Administrative Assistant org. Auburn Arts Commission ....................................... o~tg: Washington State Arts Commission - Name: Name: Grants to Organizations Address: 910 Ninth St_SE, Address: p0 Box 42675 Auburn, WA, 98002-6200 Olympia, WA 98504-2675 Phone: (253) 804-5057 ext- Phone: (360) 753-3858 Fax: (253) 931-4005 Fax: (360) 586-5351 E-Mail: Lrose auburnwa. ov E-Mail: christelr arts.wa. ov F. LIMITATION OF AUTHORITY The COMMISSION'S Agent shall be the Executive Director of the Washington State Arts Commission. Only the COMMISSION'S Agent shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. The Agent may delegate this authority, but such delegation is effective only if in writing. See General Terms and Conditions for Contract Amendment or Modification procedures. G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including the following, which by this reference, are made a part of this Contract: . Attachment A: Scope of Work Attachment B: Payment Schedule Attachment C: General Terms and Conditions Attachment D: Voucher Attachment E: Final Report Requirements/Form available for download at www.arts.wa.gov Attachment F: National Endowment for the Arts General Terms and Conditions for Federal Funding Grant Contract No. 2007214 2 of 3 f H. INSURANCE Automobile Liability: In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR, the CONTRACTOR shall require the owner or driver of the automobile to provide automobile liability insurance. The minimum limit for automobile liability is: $100,000/$300,000 bodily injury and $100,000 properly damage. I. ENTIRE CONTRACT This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract and attachments shall be deemed to exist or to bind any of the parties. J. FINAL REPORT The CONTRACTOR shall provide a fmal report to the COMMISSION within 32 days following the Contract Period ending date, submitted according to the forms and format identified in ATTACHMENT E. K. MODIFICATIONS TO GENERAL TERMS AND CONDITIONS NA THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this contract. Auburn mmission WASHINGTON STATE ARTS COMMISSION (sig party authorized to sign for CONTRACTOR). Kris Tucker, Executive Director fi~yyi'1!E ~D~S Date: (printed name of signatory) ~GtU~2~G Rj" /~~i1Jl9z~iL~- (printed title of signatory) Date: /~~~D Q APPROVED AS TO FORM: (Signature of Susan Thomsen, Assistant Attorney General, State of Washington, March, 2003 on file in fiscal office) Grant Contract No. 2007214 3 Of 3 Exhibit A Resolution 4136 Page 3 of 3 January 2, 2007 GRANT CONTRACT -ATTACHMENT °~A" Scope of Work Program: GRANTS TO ORGANIZATIONS Contract No. 2007214 CONTRACTOR: 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Proiect Support assistance with: Fees for artist Eileen Ivers/Immigrant Soul artist fee Funding does not cover the expenses for any school events or school aroarams. Location and dates: Feb 76, 77, 78, 2007, Auburn Performing Arts Center, Auburn • All project event locatfons and dates must be confirmed and submitted to the Commission before payments will be made. Event Announcement and Documentation: The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public announcement, press release, or other direct mail or electronic mail announcement of the event(s) funded under this contract. The CONTRACTOR will mail such public announcements to: Grants to Organizations Washington State Arts Commission PO Boz 42675 Olympia, WA 98506-2675. Final-Reports are due: Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to Organizations, 32 days following the contract ending date; this is a contractual obligation for the grant. The completed form must be received by the Washington State Arts Commission (WSAC), Grants to Organizations, by 5:00 P. M., August 1.2007. The Final Report Form should be downloaded from the COMMISSION website at www.arts.wa.gov ,under Grants to Organizations. Final Report Penalty: Grant recipients that do not submit Final Reports by the August 1, 2007 deadline will have a 10% penalty deducted from any future grant from Grants to Organizations. Logo Credit: ~' ~ Recipients of grants and programs are asked to credit ~~~ WSAC in promotional communications about the grant. ~~~ The WSAC logo may be downloaded from the website: www.arts.wa.gov. If your grant `J includes federal funding (which would be stated on page 1 of your contract), you are also N A T t O N A L obligated to credit the National Endowment for the Arts (NEA) in the same manner as WSAC. ENDOWMENT NEA logos are downloadable at www.arts.gov. FOR THE ARTS 6 GRANT CONTRACT -ATTACHMENT ~°B" Payment Schedule Program: GRANTS TO ORGANIZATIONS Contract No. 2007214 CONTRACTOR: Auburn Arts Commission The CONTRACTOR agrees that funds as awarded in section (1) of the CONTRACT and in consideration of section (2) of the CONTRACT, will be paid to the CONTRACTOR by the COMMISSION in consideration of the following terms and conditions: 1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section (I) of the CONTRACT; 2. Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; 3. The CONTRACTOR must return all invoice voucher(s) to the COMMISSION no later than the first working day of each designated payment date; 4. All requests for payment shall be on the form of voucher set forth in Attachment D. 5. The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated payment date. 6. The schedule for payment is as follows: Month/Year January 2007 Amount $2,000.00 TOTAL AWARD 2 000.00 t GRANT CONTRACT -ATTACHMENT "C" GENERAL TERMS AND CONDITIONS Auburn Arts Commission 2007214 TABLE OF CONTENTS This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract. A. HEADINGS AND DEFINITIONS .............................................................................2 B. GENERAL CONTRACT TERMS Amendments or Modifications ....................................................................................2 Conformance with Law ...............................................................................................2 Order of Precedence ....................................................................................................2 Severability .................................................................................................................. 2 Waiver of Default or Breach ........................................................................................2 C. PERFORMANCE AND GENERAL RESPONSIBILITIES Covenant Against Contingent Fees .............................................................................2 Indemnification ............................................................................................................ 3 Independent Capacity of Contractor ............................................................................3 Nonassignability .......................................................................................................... 3 Publicity/Acknowledgements .......................................................... ............................ 3 Reproduction ............................................................................................................... 3 Services within Washington ........................................................................................3 D. COMPLIANCE WITH LAWS RECORDKEEPING AND INSPECTIONS Americans with Disabilities Act ..................................................................................3 Compliance with Applicable Law ...............................................................................3 Conflict of Interest .......................................................................................................3 Hazardous Substances .................................................................................................4 Nondiscrimination Laws ................................................:.............................................4 Public Disclosure/Confidentiality ................................................................................4 Records, Documents, and Reports ...............................................................................4 Registration with Department of Revenue ...................................................................4 Right of Inspection ...................................................................................................... 5 E. FUNDING, REIl~IBURSEMENT AND BUDGET Advance Payments Prohibited .....................:...............................................................5 Funds not Supplanting .................................................................................................5 Taxes ...........................................................................................................................5 Travel and Per Diem ....................................................................................................5 F. TERMINATION AND DISPUTES Disputes ....................................................................................................................... 5 Governing Law and Venue ..........................................................................................5 Savings .......................................................................................................................6 Termination for Convenience ...................................................................................... 6 Termination or Suspension for Cause .......................................................................... 6 G. ADDITIONAL FEDERAL FUNDING REQUIREMENTS Application ..................................................................................................................6 Publicity/Acknowledgements .....................................................................................6 NEA General Terms and Conditions ........................................................................... 6 A. HEADINGS AND DEFINITIONS DEFINITIONS - As used throughout this Contract, the following terms shall have the meaning set forth below: Attachment C: General Terms and Conditions 1 of 6 Grant Contract 2007214 "COMMISSION" shall mean the Washington State Arts Commission, any division, section, office, unit or other entity of the Commission, or any of the officers or other officials lawfully representing that Comtission. "AGENT" shall mean the Executive Director, Washington State Arts Commission, and/or the delegate authorized in writing to act on his/her behalf. "CONTRACTOR" shall mean that firm, provider, organization, individual or other eritity that has been awarded a grant of funds under this Contract, and shall include all employees of the CONTRACTOR. "NEA" shall mean the National Endowment for the Arts "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this Contract under a separate contract with the CONTRACTOR. The terms "Subcontractor" and "Subcontractors" mean Subcontractor(s) in any tier. HEADINGS -Headings used in this Contract are for reference purposes only and shall not be considered a substantive part of this Contract. B. GENERAL CONTRACT TERMS AMENDMENTS OR MODIFICATION -This Contract maybe amended or modified only by mutual consent of the COMMISSION and CONTRACTOR. To be effective, any amendment or modification must be in writing, signed by all parties, and attached hereto. No oral understanding or agreement binds the parties. CONFORMANCE - If any provision of this contract violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. ORDER OF PRECEDENCE -The items listed below are incorporated herein by reference. In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State Executive Orders. 2. Special Terms and Conditions of this Contract, including a. Scope of Work and b. Modifications to the General Terms and Conditions 3. General Terms and Conditions 4. NEA General Terms and Conditions if Federal funds are committed by this Contract. 5. All other attachments or material incorporated by reference. SEVERABILITY - If any provision of this Contract or any provision of any document incorporated by reference is held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. WAIVER OF DEFAULT OR BREACH-- Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Waiver of any default or breach shall not be construed to be a modification of the terms of the Contract. C. PERFORMANCE AND GENERAL RESPONSIBILITIES COVENANT AGAINST CONTINGENT FEES -The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or a bona fide established agent maintained by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right, in the event of breach of this clause by the CONTRACTOR, to annul this Contract without liability, or, in its discretion, to Attachment C: General Terms and Conditions 2 of 6 Grant Contract 2007214 deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. INDEMNIFICATION - To the fullest extent permitted by law, the CONTRACTOR shall indemnify defend, and hold harmless the State of Washington, including the COMMISSION and all officials, agents, employees of the State from and against any liability, damages, claims, suits and/or expenses arising out of or resulting from performance of this Contract, including, but not limited to, injury to persons or property, failure to follow applicable law, acts that are libelous or slanderous, and the violation or infringement of any copyright, patent, trademark, trade name or unfair trade practice law. The CONTRACTOR's obligation to indemnify, defend, and hold harmless includes any claim by the CONTRACTOR's agents, employees, representatives, or any subcontractor or its employees. The CONTRACTOR shall be required to indemnify, defend, and hold harmless the State only to the extent claim is caused in whole or in part by negligent acts or omissions of the CONTRACTOR. INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship. The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the COMMISSION or the State of Washington. The CONTRACTOR and its employees or agents will not hold themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by reason of this Contract and will not make any claim, demand, or application to or for any right or privilege which would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise the manner in which this Contract is performed. NONASSIGNABILITY -The CONTRACTOR shall not assign this Contract, any rights or obligations under this Contract, or any claim arising under this Contract without prior written consent of the COMMISSION. PUBLICITY/ACKNOWLEDGEMENTS -The CONTRACTOR shall acknowledge the COMMISSION in all printed or oral material and announcements, including in-person interviews with audio, video, or print journalists, which result from this Contract, as follows: "This program is supported, in part, by a grant from the Washington State Arts Commission." REPRODUCTION -The CONTRACTOR relinquishes to the State and its assigns royalty-free, irrevocable, non- exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials that result from this Contract, provided that such use or reproduction shall be only for government purposes. Data shall include, but is not limited to, reports, documents, pamphlets, other printed matter, photographs, and sound recordings. Government purposes shall include, but are not limited to, (1) internal documents such as memoranda and (2) public releases such as advertising, brochures, media publicity and catalogs or other similar publications, provided that the artist is credited. All reproductions of copyrightable material by the State in public releases. shall contain a credit to the artist and a copyright notice in the following form: "©(Artist's name), (date)." SERVICES WITHIN WASHINGTON -The CONTRACTOR agrees that no funds under this Contract will be used for activities or services outside the State of Washington, without prior authorization of the COMMISSION. D. COMPLIANCE WITH LAWS. RECORDKEEPING. AND INSPECTION AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CRF Part 35. -The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, pubic accommodation, state and local government services, and telecommunications. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR shall comply with, and COMMISSION is not responsible for determining compliance with, all applicable and can ent federal, state, and local laws, regulations, and policies, including all applicable local, state, and federal licensing, accreditation and registration requirements/standards necessary for the performance of this Contract. Attachment C: General Terms and Conditions 3 Of 6 Grant Contract 2007214 In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy, the COMMISSION may rescind, cancel or terminate this Contract for cause in whole or in part.- The COMMISSION also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION. CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the COMMISSION may, by written notice to the CONTRACTOR, terminate this Contract if it is found after due notice and examination by the COMMISSION that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW, or any similar statute involving the CONTRACTOR in the procurement of, or performance under, this Contract. In the event this Contract is terminated as provided above, the COMMISSION shall be entitled to pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR. The rights and remedies of the COMMISSION provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and maybe reviewed as provided in the "Disputes" clause of this Contract. HAZARDOUS SUBSTANCES. The CONTRACTOR will defend, protect and hold harmless COMMISSION and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances as defined by state and federal law on the property covered by the project. NONDISCRIMINATION LAWS -During the performance of this Contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations, or policies. If the CONTRACTOR does not comply or refuses to comply with nondiscrimination laws, regulations or policies, the COMMISSION may rescind, cancel, or terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts with the COMMISSION. The CONTRACTOR shall be given a reasonable time in which to cure noncompliance. Any dispute maybe resolved in accordance with the "Disputes" provision in this Contract. PUBLIC DISCLOSURE/CONFIDENTIALITY CONTRACTOR acknowledges that the COMMISSION is subject to Chapter 42.17 RCW, the Public Disclosure Act and that this Contract shall be a public record as defined in RCW 42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be co~dential or proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17 RCW, the COMMISSION shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view the CONTRACTOR's information, the COMMISSION will notify the CONTRACTOR of the request and the date that such records will be released to the requester unless CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court order enjoining disclosure, the COMMISSION will release the request information on the date specified. The CONTRACTOR shall not use or disclose any information concerning the COMMISSION, or information which maybe classified as confidential for any purpose not duectly connect with the administration of this Contract except (1) with prior written consent of the COMMISSION, or (2) as maybe required by law. RECORDS, DOCUMENTS. AND REPORTS -The CONTRACTOR shall maintain complete fmancial records, including all accounts, books, records, documents, invoices and other evidence, that sufficiently and properly reflect all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records must clearly show that matching expenditures, if required, are not less. than the amount granted in the approved application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance with generally accepted accounting principles, and will be applied in a consistent manner so that the project fmances can be clearly identified. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by the COMMISSION, the Office of the State Auditor, and Federal officials so authorized by law, rule, regulation, or contract. The CONTRACTOR will retain all books, records, documents, and other materials relevant to this Attachment C: General Terms and Conditions 4 Of 6 Grant Contract 2007214 i . r Contract for six years after termination or expiration of the Contract, and make them available for inspection by persons authorized under this provision. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. REGISTRATION WITH THE DEPARTMENT OF REVENUE -The CONTRACTOR shall complete registration, if required by law, with the Washington State Department of Revenue, P.O. Box 47450, Olympia, WA 98504-7450, http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under this Contract. RIGHT OF INSPECTION -The CONTRACTOR shall cooperate with and freely participate in any monitoring or evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract, including right of entry for periodic site inspections. The CONTRACTOR shall provide right of access to the facilities and/or site of the activity, project, or program to the COMMISSION, or to any of its officers, or to any other authorized agent or official of the State of Washington or the Federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Contract. E. FUNDING, REIMBURSEMENT AND BUDGET ADVANCE PAYMENTS PROHIBITED - No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by the COMMISSION. FUNDS NOT SUPPLANTING -The CONTRACTOR agrees that the funds supporting activities and services under this Contract shall not be used to supplant funds normally budgeted for services of the same type. TAXES -All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR. TRAVEL AND PER DIEM - In the event the Contract allows the CONTRACTOR to be reimbursed for out-of- pocket expenses, the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit documents supporting billings made for out-of-pocket expenses. F. TERMINATION AND DISPUTES DISPUTES. Except as otherwise provide in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing of the other according to the process set out in this section. Either party's request for dispute hearing must be in writing and clearly state: 1. The disputed issue(s); 2. The relative positions of the parties; 3. The CONTRACTOR'S name, address and project title. The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree that they cannot resolve the dispute. Within 5 working days of receipt of the request, the receiving party shall respond by either accepting or refusing the request for dispute resolution. If both parties agree to a dispute hearing, the dispute shall be heard by a panel of three persons consisting of one person selected by the CONTRACTOR, one person selected by the COMMISSION, and a third person chosen by the two persons initially appointed. Any hearing under this section shall be informal, with the specific processes to be determined by the panel according to the nature and complexity of the issues involved. The process maybe solely based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the disputes. The parties shall equally share all cost associated with implementation of this process. Attachment C: General Terms and Conditions 5 of 6 Grant Contract 2007214 The decision of the disputes panel shall bind the parties, unless the parties do not have the authority to perform the remedy directed by that panel or the remedy is otherwise unlawful. GOVERNING LAW AND VENUE -Washington law shall govern this Contract. In the event of a lawsuit involving this Contract, venue. shall be proper only in Thurston County. SAVINGS If any State, Federal, private, or other funding source withdraws, reduces, or limits in any way the funds appropriated for the work under this Contract prior to normal termination of the Contract, the COMMISSION may terminate the Contract without advance notice. At the COMMISSION's discretion, the parties may renegotiate the Contract under those new funding limitations and conditions. If this Contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION FOR CONVENIENCE -Either party may terminate this Contract upon 15 days' prior written notification to the other party. If this Contract is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination. TERMINATION OR SUSPENSION FOR CAUSE-In the event the COMMISSION determines the CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner, the COMMISSION has the right to suspend or terminate the Contract: Before suspending or terminating the Contract, the COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within fifteen (15) days of receiving notice, the COMMISSION may terminate or suspend the Contract. If the Contract is terminated for cause, the COMMISSION reserves the right to require the CONTRACTOR to repay all or any portion of funds paid to the CONTRACTOR prior to termination. The CONTRACTOR shall make repayment within thirty (30) days of the demand. If the COMMISSION is required to institute .legal proceedings to enforce this repayment provision, the COMMISSION shall be entitled to its costs, including reasonable attorneys' fees. However, repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any, any combination, or all of the remedies available to it under this Contract, or under any provision of law, common law, or equity. G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS APPLICATION -- If federal funds are committed by this Contract, the CONTRACTOR shall abide by the following conditions. PUBLICITY/ACKNOWLEDGEMENTS -The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this Contract is hereby amended as follows: "The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral material and announcements, including in-person interviews with audio, video, or print journalists, which result from this Contract, as follows: "This program is supported, in part, by a grant from the Washington State Arts Commission and the National Endowment for the Arts." Additionally, all printed materials shall display the NEA logo as per NEA General Terms and Conditions, Attachment F. NEA GENERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements (Federal Laws, rules, regulations and OMB Circulars) enumerated in the NEA General Terms and Conditions apply to the CONTRACTOR. As a subgrant recipient, the CONTRACTOR shall abide by the NEA General Terms and Conditions not inconsistent with the Special and General Terms and Conditions of this Contract. Attachment C: General Terms and Conditions 6 Of 6 Grant Contract 2007214 A GRANT CONTRACT -ATTACHMENT "D" Invoice Voucher FORM STATE OF WASHINGTON A19.1A ~ AFRS (REV~/99) INVOICE VOUCHER NCY NA , [7LOCA I N WASHINGTON STATE ARTS COMMISSION PO BOX 42675 OLYMPIA WA 98504.2675 <t: - '~.1/E ~ "R,,, CLAi A~l.'T. Vl~a nt i to he ably ft~;'- Auburn Arts Commission 910 Ninth St SE Auburn WA 98002-6200 AGENCY NFJ. LOCAF ODD p:R ~9R A NO 387 001 INSTRUCTION TO VENDOR OR CLAIMANT: Submit this form to claim payment for materials, merchandise or services. Show complete detail for each item. Vendor's Certificate. I hereby cortify under penalty of poriury that the items and totals listed herein ere proper charges for materials, merchandise or services fumished to the State of Washington, end that all goods furnished end/or services rendered have bean provided without discrimination because of age, sax, marital status, race, tread, color, national ar(gln, handicap, religion, or V(etnam era or disabled veterans status. X BY.' fS14N 1N INK) r~/1Lx'Ull~tll_ ~t?T~ AS7r~it~x}L.~t? /1=~f -f~v wvu. acwm ~ r nu. Ivor nepornng Parsona~ service contraet Payments to IRS): -RECEIVED BY: _ 91-6001228 DATE RECENED: DATE DESCRIPTION QUANTITY UNIT UNIT PRICE aNI0UN7 FOR AGENGY. USE For Grants to Organizations -- FY2007 i _......_........_».._..~ ..._ .................__..._._M.....»........._...».......__..»._._..»..».....~.»....»......_...................)........................ Pro act Su I j pport Program.(PSP) 0 .~...._....»...»..»..................F.. .» ........................... ..»...»................ Per Attachment "A" Scope of Work .._.._._._.. . ~ _f.........».«...........».....»... _0......................................................_.._ .1._....... ............................................. .. ._..._.. __......_ ..............._.......__.................._......_._.._........................__.................._...... ...._.............»........... s _....... Contract #: 2007214 € _ ..___......._..._...r..._....._..___..._...._........._........_.».........._....._»_. ......~...._......._»_.»»».__.. ..._...........w_.»_»_..».... }__...__......_._ 101 St t F d ; ' .: ~.._....___...._......._.._... _~ ...........» ......................._........._.». _ ~ ~ .........._........._...............».»....... .... a e un s: ; $0.00 ....._...»» .............3. _. .. ................................». .............»........................_....._.e........_....... ... _._. .1......» .................».».. _.. ;. .. ..... ..t.».._.....»............ ... 202 State Funds = _ .j_.._............»...»_.._.._._.._. .....__......................._........_._..y s ..... ' ` 00 00 I ........._....._............_..........»........... I 102 Federal Funds ~ _ $0.00 i January 2007 Payment i s Total: '• 2 000.00 1 ... ) .. ... } ; ..» .._.._...........».....»........._ ...._.»».»...«_. ....._.._ ............... PREPARED BV: TELEPHONE NUMBER: DATE: AGENCY APPROVAL: .....»._.............._.«._......... ...._...........».................................»..... I DATE: DOC. DATE PMT DUE DATE: CURRENT DOC. NO.: REF. DOC. NO.: VENDOR NUMBER: ~ USE TAX VENDOR ME83AGE: UBI NUMBER: REF M MASTER INDEX °.ua VfORKCLAae coUNTY cmrrowx DOC TRANS O FUND APPN PROGRAM sub Sue ORG Budget PHOJECr SUB PROJ AMOUNT INVOICE NUMBER SUF CODE D INDEX INDE% OQJ o[IJ INDE% ALLOC Unk M09 aRaJ NHas 101; 101 00101 ~ SPSp ; 00 00 $0.00 PSP2007214 001 202 00101 NZ "SPSp 00 OU $2,000.00 PSP2007214 001 102 00101 NZ 2007 5PS'P 00 00 $0.00 PSP2007214 ACCOUNTING APPROVAL FOR PAYMENT: DATE: WARRANT TOTAL: WARRANT NUMBER: