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ORIGINAL
ORDINANCE NO. 4 8 8 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING ACCEPTANCE OF KING COUNTY APPROPRIATION
OF GRANT FUNDS IN THE AMOUNT OF THREE THOUSAND NINE HUNDRED
EIGHTEEN AND 00/100 DOLLARS, ($3,918.00), AND AUTHORIZING THE
MAYOR TO ACCEPT THE GRANT FROM THE KING COUNTY ARTS
COMMISSION.
WHEREAS, King County through the King County Cultural
Resources Division has approved the application of the Auburn
Arts Commission for a grant in the amount of $3,918.00; and
WHEREAS, funding criteria includes artistic excellence,
management ability and need for the program/project; and
WHEREAS, the grant funds will be distributed by the
Auburn Arts Commission to community organizations to support
arts organizations and art activities in the City; and
WHEREAS, acceptance of the grant will benefit the
citizens of Auburn; and
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 4883
July 1, 1996
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~ Pursuant to Chapter 35A.33 RCW the City
Council hereby approves the expenditure and appropriation of
Kin9 County 9rant funds in the amount of THREE THOUSAND NINE
HUNDRED EIGHTEEN and 00/100 DOLLARS ($3,918.00), pursuant to
Contract No. M09608M between Kin9 County and the City of
Auburn.
~ The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute Contracl: No. M09608M
which is attached hereto and designated Exhibit "1" which is
incorporated herein by this reference, between Kin9 County and
the City of Auburn which will provide 9rant fundin9 to the
City of Auburn Arts Commission in accordance with the
application submitted by the Auburn Arts Commission and
approved by the Kin9 County Arts Commission.
~ The Mayor is hereby authorized to
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall take effect and be in
force five (5) days from and after its passage,
publication, as provided by law.
implement
approval and
Ordinance No. 4883
July 1, 1996
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Ordinance NO. 4883
July 1, 1996
Page 3
OCT 3 1996
CiTY OF RUUUI(N
CITY CLI KS OFFICE
DEPARTMENT/DIVISiON
CONTRACTOR
PROJECT TITLE
King County Contract
Federal Taxpayer I.D.#
M09608M
PARKS ANDCULTURAL RESOURCES / Cultural Resources
Auburn Arts Con,mission
CONTRACT AMOUNT $ 3.918.00
CONTRACT PERIOD 1/1/96
FUND CODE CX-Sustained SuPPort
TO 12/31/96
KING COUNTY MISCELLANEOUS SERVICES CONTRACT - 1996
THIS CONTRACT is entered into by KING COUNTY (the "County"), and (the "Contractor"),
City Of Auburn / Auburn Arts Commission
Whose address is 25 West Main St., Auburn WA 98001
WHEREAS, the County desires to have certain services performed by the Contractor as
described in the contract,
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. SCOPE OF SERVICES
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:
~ScoDe of Services
l_~Personnel Inventory Reoort ~K.C.C. 12.%6)
J_[Affidavit of Comoliance ~K.C.C. 12.16)
~_]Minoritv/Women's Business CK.C.C. 4. ~8)
~_~Assurance of Compliance Section 504
l_~Certificate~si of Insurance
I_lReoueet for Prooosa~ No.
l_lReseonse to Request for Proposal. Dated
LI
Attached hereto es Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
Attached hereto as Exhibit
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II.
DURATION OF CONTRACT
This Contract shall con,hence on the 1st day of January , 1996
and shall terminate on the 31st day of December f 19 96 '
unless extended or terminated earlier, pursuant to the terms and conditions of
the Contract.
III. COMPENSATION AND METHOD OF ~&VM~NT
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 $ 3.918tQ0f payable in the following manner~
Payment in full unon comnletl0n of services and receipt of invoice and
Be
The Contractor shall submit its final invoice and such other documents as
ere 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.
If the Contractor fails to comply with any terms or conditions of this
Contract or to provide in any manner the work or services ag:=eed to herein,
the County may withhold any payment due the Contractor until the County is
sstisf£ed that corrective action, ae specif£ed by the County, has been
completed. This right is in addition to and not in lieu of the County's
right to terminate this contract as provided in Section IX b~low.
IV. MAINTEN~NCE OF RECORDS
The contractor shall maintain accounts and records, including ~ersonnel,
property, financial, programmatic records and other such reccrdsas may be
deemed necessary by the County to ensure proper accounting for all contract
funds and complianc~ with this Contract. 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.
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
longer retention perioa is required by law.
V. AUDITS AND INSPECTION
A. The records and documents with respect to all matters coveredl 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 la~ during the
performance of this Contract and six (6) years after termination hereof,
unless a longer retention period is required by law.
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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.
· If the Contractor is a municipal corporation, it shall s%~bmit to the County
a copy of its annual report of exam~nation/audit, conducted by the
Washington State Auditor, within thirty (30) days of receipt, which
submittal shall constitute compliance with subsection V.B.
If the Contractor receives a total of $25,000 or more in federal financial
assistance from the County, it shall have an independent audit conducted of
its financial statement and condition, which shall comply with the
requirements of GAAS (generally accepted auditing standards); GAO's
Standards for Audits of Governmental organizations, Program, &ctivities and
Functions; and OMB Circulars A-133 and A-128, as emended and as applicable.
Contractors receiving federal funds from more than one County department or
division shall be responsibl~ for deter~ning if the combined financial
assistance is equal to Or greater than $25,000.
The Contractor shall provide a copy of the audit report to each.
County division providing financial assistance to the Contractor no
later than six (6) months subsequent to the end 6f the Contractor's
fiscal year.
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.
VII.
If the County determines that a brea~h of contract has occurred, that is the
Contractor has failed to complywith any terms or conditions of 'this Contract
or the Contractor has failed to provide in any manner the work o= services
agreed to herein, and if the County deems said breach to warrant corrective
action, the following sequential procedure will apply:
A. The County will notify the Contractor in writing of the nature of the
breach;
TheContractor shall respond in writing within three (3) working days
of its receipt of such notification, which response shall indicate
the steps being taken to correct the specified deficiencies. The
corrective action plan shall specify the proposed completion date for
bringing the Contract intocompliance, which date shall not be more
than ten (10) days from the date of the Contractor's response; unless
the County, at its sole discretion, specifies in writing an e:~tension
in the number of days to complete the corrective actions;
C. The County will notify the Contractor in writing of the County's
determination as to the sufficiency of the Contractor's corrective
action plan. The determination of sufficiency of the Contractor's
correct£ve plan shall be at the sole discretion of the County;
$
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In the event that the Contractor does not respond within the
appropriate t/me with a corrective action plan, or the Contractor's
corrective action plan is determined by the County to be
insufficient, the County may conu~ence term/nation of this Contract in
whole or in part pursuant to Section IX.B~
In addktion, the County may withhold any payment owed the Contractor
or prohibit the Contractor from incurring additional oblig~tions of
fdnds until the County is satisfied that corrective action hasbeen
taken, or completed~T and
F. Nothing herein shall be deemed.to affect or waive any rights the
parties may have pursuant to Section IX, Subsections A, B, C, D,' and E.
VIII. ASST~NM~NT/SU~CONTRACTING
The Contractor shall not assign or subcontract any portion of this Contract
or'transfer, or assign any cia/m arising pursuant to this Contra(~t without
thewritten 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,
~ 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.
This Contract may.be terminated' by the County without cause, in whole or in
part~ at anytime, upon providing the Contractor thirty (30) days' advance
written notice of the termination.
B. The County may terminate this Contract, .in whole or in part, upon seven (7)'
days~ advance written notice in the e~ent~ (1) the Contractor materially.
breaches any duty, obligation, or services required pursuant to this
,. Contract, or (2} the duties, obligations, or services required herein
become /mpossible, illegal, or not feasible.
If the Contract is terminated'by the County pursuant to this Subsection
IX(B}(1}, the Contractor shall be liable for damages, including any
additional costs of pr6curement of similar services from another source.
If the termination results from acts or omissions of the Contractor,
including, but not lira/ted to misappropriation, nonperformance of'required
services or fiscal mismanagement, the Contractor shall return tc the County
/mmediately any funds,.misappropriated or unexpended, which have been paid
to the Contractor by the County.
C. 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, the County ma~, upon written' notioeto the Contractor,
terminate this Contract in whole or in part.
If the Contract is terminated.as provided in this Subsection: (1) the
County will be liable only for payment in accordance with the tes~us Of this
Contract'for services-rendered prior to the effective date of termination;
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and (2) the Contractor shall be released from any obligation to provide
further services pursuant to the Contract.
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 this Contract. Should such an
appropriation not be approved the Contract will terminage at the close of
the current appropriation year.
The Contractor may terminate this Contract in theevent of repeated or
persistent failure or refusal by the County to fulfill any of its material
obligations under this Contract (unless that failure or refusal results
from circumstances or events beyond the County's control) provided that (a)
the Contractor shall hsve given the County prior written notice of the
County's failure to meet the specific obligation and (b) the County shall
have the opportunity to cure the specified failure or refusal to fulfill
its'material obligation within 90 days of such notice from the Contractor.
Nothing here~n shall limit, waive, or extinguish any right olr remedy
provided by this Contract or law that either party may have in the event
that the obligations, terms and conditions set forth in this Contract are
breached by the other party.
The County makes no commitment to support services contracted for herein and
assumes no obligation for future support of the activity contracted herein
except as expressly set forth in this Contract.
XI. ~OLD ~ARM~RSS AND INDRMNIFICATION
In providing services under this Contract, the Contractor is an independent
contractor, and neither the Contractor nor its officers, 9gents or
employees are employees 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 perfoz~ance of and
compensation for these services and shall make no claim of career service
or civil service rights which may accrue to a County employee under state
or local law.
The County assumes no responsibility for the payment of any compensation,
wages, benefits, or taxes by or on behalf of the Contractor, its employees
and/or others by reason of this Contract. The Contractor shall protect,
indemnify and save harmless the County and its officers, agents and
employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) the Contractor's failure to pay
any such compensation, wages, benefits or taxes; and/or (2) the supplying
to the. Contractor of work, services, materials, and/or supplies by
Contractor employees or other suppliers in connection with or in support of
the performance of this Contract.
The Contractor further agrees that it is financially responsible for and
will repay the County all indicated amounts following an audit exception
which occurs due to the negligence, intentional act and/or failure for any
reason to comply with the terms of this Contract by the Contractor, its
officers, employees, agents, and/orrepresentatives. This duty to repay
shall not be diminished or extinguished by the prior termination of the
Contract pursuant to the Duration of Contract, or the Termination section.
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5
The Contractor shall protect, defend, indemnify, end save hard,less the
County, [and the State of Washington (when any funds for this Contract are .
providedby the State of Washington)], their officers, employees, and
agents from any and all costs, claims, Judgments, and/or awards of damages,
arising out of or in any way resulting from the negligent acts or omissions
of the Contractor, its officerst employees, and/or agents. The Contractor
agrees that its obligations under this subparagraph extend, to any claim,
demand, and/or cause of action brought by or on behalf of Any of its
employees, or agents. For this purpose, the Contractor, by mutual
negotiation, hereby waives, as respects the County only, any im~unity that
would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 P~W. In the event the County incurs any
Judgement, award and/or cost arising therefrom ~ncluding attorney's fees to
enforce the provisions of this article, all such fees, expenses, and costs
shall be recoverable from the Contractor.
XII. TNSU~ANC~ REOUIREMENT5
Ae
By the date of execution of this Contract the Contractor shall ~procure and
~intain for the duration of this Contract insurance against claims for
injuries to persons or damages to property which may arise from, or in
connection with the performance of work hereunder by the Contre.otor, its
agents, representatives, e~ployees, and/or Subcontractors. The cost of
such insurance shall be paid by the Contractor or Subcontractor. The
Contractor may furnish separate certificates of insurance and policy
endorsements for each Subcontractor as evidence of compliance with the
insurance requirements of this Contract.
Fo= ~ ~overe~es: Each insurance policy shall be written on an
~Occurrence" form~ excepting that ~nsurance for'Professional Liability,
Errors and 0~ssions when required, may be acceptable on a "cla~hns made"
· If coverage is approved and purchased on a "cla/aas made" basis, the
Contractor warrants continuation of coverage, either through policy
renewals or the purchase of an extended discoveryperiod, if such extended
coverage is available, for not less than three years from the date of
oo~oletion of the work which is the subject of this Contract.
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 l~mits and/or
· broader coverage.
B. Minimum geOO~ O~
Coverage shall be at least as broad as=
1. General Liability:
Insurance Services Office form number (CG 00 01 Ed. 11-88) Covering
Insurance Services Office form number (GL 0002 Ed. 1-73) cov~ring
COMPP.~EENRTV~ ~N~I~L LT~TLTTy and Insurance Services Office form
number (GL 0404 Ed. 5-81) covering BRO~ ~O~M co~p~]~
.'~LT&~T~ITY ENDORR~M~N~~
S
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2. Professional Liability:
Professional Liability, Errors and Omissions coverage.
In the event that services delivered pursuant to this Contract either
directly or indirectly involve or require professional services,
Professional Liability, Errors and Om/ssions coverag? shall be provided.
"Professional Services",'for the purpose of this Contract section sh~ll
mean any services provided by a licensed professional.
3. Automobile Liability:
Insurance Services Office form number (CA 00 01 Ed. 12-90) covering
BURTN~S AUTO ~OVERAG~, symbol I "any auto"; or the combination of
symbols 2,8, and 9.
4. Workers'-Compensation:
Workers' Compensation coverage, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar
coverage required for this work by applicable Federal or "Other
States" State Law.
5. Employers Liability or "Stop-Gap":
The protection provided by the Workers Compensation policy Part 2
(Employers Liability) or, in states with monopolistic state funds, the
protection provided bythe "Stop Gap" endorsement to the Seneral
Liability policy.
C. Minimum Limits of Insuranc~
The Contractor shall maintain limits no less than, for:
General Liability: $1.000.000_ combined single limit per $
amount occurrence for bodily injury, personal injury and ]property
damage, and for those policies with aggregate limits, a $2.000.000.
aggregate limit.
2. Professional Liability, Errors and Omissions: $
Automobile Liability: The greater of (a) S1.000.000_
combined single limit per accident for bodily injury and property
damage, or (b) the applicable limit as required by the Wa:shington
· Utilities and Transportation Comm/ssion.
4.' Workers' Compensation: Statutory requirements of the Sta~=e of
residency.
5.' Employers Liability or "Stop gap" coverage: $1.000.000.
D. Deduetibl~s and S~l~-Insurmd Retent~on~
Any deductibles or self-insured retentions must be declared to, and
approved by, the County. The deductible and/or self-insured retention of
the policies shall not limit or apply to the Contractor's liability to the
County and shall be the sole responsibility of the Contractor.
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g. Other ~ur~c~ ProvisioB8
The insurance policies required in this Contract are to contain, or be
endorsed to contain the following provisions:
1. GeneralLiability Policy:
The County, its officers, officials, employees ~.d agents are to be
covered as additional insuredsas respects: liability arising out of
activities performed by or on behalf of the Contractor in connection
with this Contract.
To the extent of the Contractor's negligence/ the Contractor's
insurance coverage shall be primary insurance as respects the County,
its officers, officials, employees and agents. Any insurance and/ur
self-insurance maintained by the County, its officers, officials,
employees or agents shall no~ contribute with the Contractor's
insurance or benefit the Contractor in any way.
The Contractor's insurancesha11 apply separately to each insured
against whom a claim is made and/or lawsuit, is brought, except with
respect to the i/mits of the insurer's liability.
2. Ail Policies:
Coverage shall not be suspended, voided, cancelled, reduced in coverage
or in 1/~/ts, except by the reduction of the applicable aggregate l~u~it
by claims paid, until after forty-five (45) days prior written notice
has been given to the County.
F. AcceDtabilftv o~ In~nr~r8
Unless otherwise approved by the County,
Insurance is to be placed with insurers with a Bests' rating of no less
than A:VIII, or, if not rated with Bests', with m in/mum surpluses the
equivalent of Bests' surplus size VIII.
Professional Liability, Errors and Omissions insurance may be placed with
insurers with a Bests~.rating of B+:VII. Any ~xceptions must be approved
by the County.
If at any time of the foregoing policies shall be or become
unsatisfactory to the County, as to form or substance, or if a
company issuing any such policy shall be or become unsatisfactory to
the County, the Contractor shall, upon notice to that effect from the
County, promptly obtain a new policy, and shall submit the same to
the County, with the appropriate certificates and endorsements, for
approval.
The Contractor shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by that
insurer ~o' bind coverage on its behalf. The certificates and endorsaments
for each insurance policy are to be on forms approved by the County and are
to be received and approved by the County prior to the commenc~nent of
activities associated with the Contract. TheCounty reserves the right to
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r~quiro oompl~to, cortifiod copi=s of all required insurance policies at
any time.
The Contractor shall include all Subcontractors as insureds under its
policies, and/or shall furnish separate certificates o~ insurance and
policy endorsements for each Subcontractor. Insurance coverages provided
by Subcontractors as evidence of compliance with the insurance requirements
of this Contract shall be subject to all of the requirements stated herein.
I. Municipal or State Aoenev Provfsfon~
· If the Contractor is a Municipal Corporation or an agency of the State of
Washington and is self-insured for any of the above insurance requirements,
a certification of self-insurance shall be attaohe~ hereto snd be
incorporated by. reference and shall constitute compliance with this
section.
XIII. ~
King County Code Chapters 12.16 and 12.18 are incorporated by reference as if
fully set forth herein and the Contractor agrees to abide by all the
conditions of said Chapters. Failure by the Contractor to comply with any
requirements of these Chapters shall be a material breach of contract.
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 Contract.
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, RCW
Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, Executive Ordsr 11246 issued
by the President of the United States and Executive Order 2001-R issued by
the County Executive.
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 broach
of this Contract. Such breach shall be grounds for cancellation,
termination or suspension of this Contract, in whole or in part and may
result in. the contractor's ineligibility for further County contracts. If
the contract is cancelled after partial performance, the County's
obligation will be limited to the fair market value or the contract price,
whichever is lower, for goods or services which were received and approved
by the County prior to cancellation.
C. During the performance of this Contract, neither the Contractor nor any
party subconsulting under the authority of this Contract shall engage in
unfair employment practices. It is an unfair employment practice for any:
1. employer or labor organization to discriminate against any
person with respect to referral, hiring, tenure, promotion,
terms, conditions, wages or other privileges of employment;
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employment agency or labor organization to discriminate
against any person with respect to membership rights and
privileges, admission to or participation in any guidance
program, apprenticeship training program, or other
occupational training program~
employer, employment agency,.or labor organization to ~rint,
circulate, or cause to be printed, published or circulated,
any statement, advertisement, or publication relating to
employment or membership, or to use any form of application
therefore, which indicates any discrtduination unless based
upon a bona fide occupation clualification~.
employment agency to discriminate against any person.with respect
to any reference for employment or assignment to a particular Job
classification~
employer, employment agency or a .labor organization to retaliate against
any person because this person has opposed any practice forbidden by
King County Code Chapter 12.18 or because that person has made a charge,
testified or assisted in any manner in any investigation, proceeding or
hearing initiated under the provisions of King County Code, Chapter
12.18;
publisher, fi~m, corporation, organization or association printing,
publishing or. circulating any newspaper, magazine or other written
pub%ioation to print ~r cause to be printed or circulated any
advertisement with knowledge that the same is in violation of King
County Code Section 12.18.030 C., or to segregate and separately
designate, advertisements as applying only to men and women unless such
discr/mination is reasonably necessary to the normal operation of the
particular business, enterprise or employment, unless based, upon a bona
fide occupational qualification; and/or
employer to prohibit uny p~rson from speaking in a language other than
English in the workplace unless:
a. the employer can show that requiring that employees speak Englis~ at
certain times is Justified by business necessity, and
.9.
b. the employer informs employees of the requirement and the
consequences of violating the rule.
The Contractor will give notice of its nondiscrimination policy and
obligation in all solicitations Or advertisements for e~ployees, and
will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other understanding a notice of
the commitments under this section.'
The Contractor will comply with all applicable federal, state, and local
laws and regul~tions regarding nondiscrimination in employment and will
develop and implement such affirmative action plans and reporting
procedures as may be required, and including those required by King
County.
D. Affirmative Action Reporting
The. Contractor entering into a Contract or. agreement with King County
--valued at $25,000 or more shall submit to the County Executive a total
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personnel inventory employment profile providing minority, female, and
handicap employment data.
The Contractor shall complete the employment profile form provided by the
County and attach the completed form to this Contract.
The Contractor entering into a Contract with King C~unty valued at more
than $25,000, or Contracts which in the aggregate have a value to the
Contractor of more than $25,000,' shall submit an affidavit of compliance in
the form provided by the County, demonstrating its commitment to comply
with the provisions of King County Code, Chapter 12.16.
The Contractor shall complete the affidavit of compliance provided by the
County and attach the original, notarized, completed form to this Contract.
Pursuant to the provisions of K.C.C. 12.16.060, a Contractor's personnel
inventory report shall be effective for two years after the~ date on which
the report was submitted.
If the Contractor engages in unfair employment practices as defined above,
remedies as set forth in KCC 12.18 shall be applied.
King County Code Chapter 4.18 is incorporated by reference as if fully
set forth herein and the Contractor agrees to abide by all 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:
Comply, as to tasks and proportionate dollar amountthroughout the
term of this Contract, with minority/women~sbusiness utilization
requirements specified in the County's request for proposal and
identified in this Contract. 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 women's business, the minority/women,s
business set-aside provision shall not apply provided that the
certified firm shall perform at least 25% of the work of this
Contract itself.
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 certifiedminority/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.
Co
Comply with the original Contract percentage use of minority business
enterprises and/or women,s business enterprises when,vet"Contract
supplements, 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 aminority business
enterprise and/or women's.business enterprise in which said minority and/or
women's business enterprise promises not to provide subcontracting
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quotations to other responding.or potential responding parties.
Meet the goals of this Contract for contracting with mincr.ity/women's
business enterprises. Any minority/women's business enterprises associated
with this Contract must be certified by the State Office of Minority and
Women's Business Enterprise (OMWBE), recognized by Kin~ County, and have
signed a sworn sta=ement verifying that it has been previously sought to do
business within the geographic boundaries of King County prior to the time
the hid or proposal iS submitted. RecOgnition by the County of certified
M/WBs is contingent on the M/WB (1) meeting the definition of a minority
firm as now and hereinafter defined at KCC 4.18.010(U). (Note: for the
' purpose of recognition, the County's definition of Hispani¢: is narrower
.than thatof OMWBE. Bidders are charged with the knowledge of the KCC 4.18
et. seq.); and (2) performing a commercially useful function as now and
hereinafter defined at KCC 4.18.010(H). The determination of whether a
M/WB bidder (proposer) or proposed M/WB for utilization on this Contract
satisfies the County's recognition requirements shall be made .by the
County's Office of Civil Rights and Compliance.
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 M/WB-goal of ~,
Minority/Women's Business (M/WB) Liquidated Damages: The County in
general~ and the M/WB program in particular, are damaged ~hen 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 co~liance 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
damages equal to the dollar value of the utilization lost to ti~e 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 adm/nistrative
costs of investigation and enforcement and other damages and costs caused
by the violation.
The Contractor shall be liable to the County for such liquidat~d damages in
the event the Contractoror a subconsultant ~alls to ~erform a com~ercially
useful function and/or operates as a broker, front, conduit' or
pass-through, as defined in King County Code, Chapter 4.18..
Maintain relevant records and information necessary to document compliance
with King County Code, Chspter 4.18, and the Contractor's utilization of
minority an~ women's business in its 0verall public and private business
activities, and shall include the right of the County to ~nspect such
record.
The Contractor shall complete a Disability Self Evaluation Questionnaire
regarding its ability to provide programs and services, to persons with
disabilities mandated by ~ection 504 of the Rehahilitation.~ct of 1973, as
emended, (504) and the Americans with Disabilities Act' o~ 1990 (ADA). The
Contractor will prepare a Corrective Action Plan for the structural and/or
program~atic changes, necessary at its prem/ses for compliance with Section 504
and the'ADA. The Contractor shall return a notarized Di~ability Assurance of
Compliance form and the Corrective Action Plan with the Contraot~ The
Disability Assurance o~ Compliance form and the Corrective Action Plan must be
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reviewed by the King County Office of Civil Rights end Compliance before the.
Contract will be signed.
Please note that if the Contractor has previously submitted the Disability
Assurance of Compliance form and Corrective Action Plan to the County, it is
exempt from filing the Disability form for the current contractual year,
provided that the Contractor is in the same location. In ~his instance, the
Contractor will attach a copy of the original signed Assurance of Compliance
form affirming continued efforts to comply with Section 504 and the ADA of
1990.
XVI. 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 bythe Agency to comply with any requirement of said chapter
shall be a material breach of contract.
The ContraCtor covenants that no officer, employee, or agent of the County
who exercises any functions or responsibilities in connectionwith the
planning and ~mplementation of the scope of services funded her~in, or any
other person who presently exercises any functions or respon~ibilities in
connection with the planning and implementation Of the scope of services
funded herein shall have any personal ~inancial interest, direct or
indirect, in this Contract. The Contractor shall take appropriate steps to
assure compliance wl~h this provision.
If the Contractor violates the provisions of Subsection XVI(A) or does not
disclose other interest required to be disclosed pursuant to King County
'Code Section 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 IX above as well as any ether right or
remedy provided in this Contract or law.
whenever this Contract provides for notice to be provided by one party to
another, such notice shall be in writing.
Any time within which a party must take some action shall be co~uted from the
date that the notice is received by said party.
XVIII.
Either party may request changes to this Contract. Proposed changes which are
mutually agreed upon shall be incorporated by written amendments to this
Contract.
XIX. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICy
It is the policy of King County to use recycled materials to the maximum
extent practicable (King County Code Chapter 10.16). Contractors able to
supply products containing recycled materials which meet performance
requirements are encouraged to offer them in bids and proposals and to use
them wherever possible in the fulfillment of contracts.
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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 Contraot0r shall use both sides of paper sheets for copying and Printing
and shall use recycled/recyclable products wherever practical at fulfill~ent
of this Contract. ' ' '
XX. ~NTTR~ CONTRACT/WAT%-~R OF D~FAULT
Th~ parties agree %hat this Contra0t iA'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 ~s of the
essence in the performance of the provisions of this Contract. Wa]Lver of any
default shall not be deemed to be a waiver of'an~ sub'sequent default. Waiver
or breach of any provision of the Contract shall not be deemed to he a waiver
of any other or subsequent breach and shall not be construed' to be a
modification of the terms o~ the Contract unless stated to be such through
written approval by the County, which shall be at~ached to the original
Contract.
,, FOB
Signature - King ~u~ty Exe~utiv~
Date
Approved as to Form:
OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY
November 14. 199~
Signature
CHARLES A. BOOTH
Name (Please type or print)
MAYOR
Title. ~l~~r print)
Date
ATTEST:
Rbbin Wohl~ueter, Auburn City Clerk
City Attorney
M SERVICES 96
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14
EXHIBIT A
SCOPE OF SERVICE
Auburn Arts Commission and the King County Cultural Resources Divisibn
mutually agree that the following services be provided in accordance with the
application submitted to and approved by the King County Arts Commission.
For purposes of evaluation of this contract, partial support will be. provided
for:
Re-granting to the following community organizations through the Auburn
Arts Commission: Puget Sound Musical Theatre, 19th Draft Literary Group,
Federal Way Philharmonic, Washington Advocates for the Mentally Ill, and
Evergreen City Ballet. AAC presents 18 free summer performances, the
BRAVO! Series, free art exhibits at City Hall, Arts in Education Programs, Arts
in Public Places program, and youth art exhibits and programs.
Serving over 25,000 people annually, approximately 80% of AAC activities are
free and accessible to the general public.
COMPLIMENTARY TICKET POLICy
The artist or organization must provide access to any performance or event
described in Exhibit A. Scope of Servic¢,s 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, staff, or an on-site reviewer requested by
the Commission. ....
PUBLICITY/PROMOTION POLICY r
Prominent acknowledgment of the King County Arts Commission 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
language is recommended:
Supported in part by the King County Arts Commission
Final payment will not be made until acknowledgment is submitted or~
printed material
Cultural Resources Division
Parks and Cultural
Resources Department
Arts Commission
Landmarks and lterttage Commission
Public Art Commission
(206)296-5629FAX
June 10,1996
TO:
FM:
96 I AN 8:O0
RECEIVED
JUN !
MMBE OFFICE
Jean Baker, Director, Department of Finance ' ~ ~
Leonard Garfield, Manager, Cultural Resources Division
Waiver from Standart Procurement Procedures and MWB Requirements;
Sustained Support Program
The Cultural ResoUrces Division requests a waiver from standard procurement procedures
and MWB requirements for the following 46 non-profit arts organizations funded through
the Sustained Support Program. These organizations are evaluated through an application
review process by a panel of artists, arts administrators and community representatives.
Funding is approved by the the King COunty Arts Commission. These organizations
provide unique arts services to King County residents and are sole source providers of these
services. Should the organizations contract with a for-profit contractor, requirements of
K.C.C.4.18 will be met, and a "MAVBE: Availability Analysis Worksheet" will be
submitted.
911 Media Arts Center
A Contemporary Theatre
Artist Trust
~ Auburn Arts Commission
Bathhouse Theatre
Bellevue Art Museum
Bellevue Arts Commission
Center on Contemporary Art
Cinema Seattle.
City of Federal Way
City of Renton
City of SeaTac
City of Tukwila Arts Commission
Early Music Guild
Earshot Jazz Society of Seattle
Empty Space Theatre
Enumclaw Arts Council
Henry Art Gallery
Intiman Theatre
Kent Arts Commission
Kirkland Parks & Recreation Dept.
Langston Hughes Cultural Center
Meany Hall
Amount
2.500
9,709
3.100
3.918
5.040
6,594
5.682
2,500
3.000
5,980
4,887
2,776
2.542
2,500
3,000
4,333
3,295
4,167
9.357
4.780
3.576
3,500
5.649
Sustained S.upport Program
Page 2
Memer Island Arts Council
Northwest Asian American Theatre
Northwest Folk. life
Northwest Girlchoir
On The Boards
Pacific Northwest Ballet
Pat Graney Company
Pratt Fine Arts Center
Redmond Arts Commission
Seattle Art Museum
Seattle Children's Theatre
Seattle Group Theatre
Seattle International Children's Festival
Seattle Men's Chorus
Seattle Opera
Seattle Repertory Theatre
Seattle Symphony
Seattle Youth Symphony
Shoreline Arts Council
Vashon Allied Arts
Very Special Arts Washington
Village Theatre
· Wing Luke Asian Museum
2,784
3,500
5,191
2,500
3,898
28,244
4,000
3,882
3,486
26,029
8,727
5,183
3,000
4,523
36,133
20.690
29,290
4,099
4,974
2,840
2,500
4,843
2,500
Please contact Charlie Rathbun, Arts Program Coordinator, at 296-8675 for additional
information concerning this request.
Certification:
I hereby certify that the facts and statements concerning this request for a waiver from
M/W-BE req~.irements are accurate to th6 best of my knowledge.
~a~<~ager, C3 ~s Division
agerrt:~:, ' g
Approve/Disapprove
Dat~
Date
Daie
D:lte
Washington Cities Insurance
Authority
12-Au8-96 CerO/: 1028
King County Arts Corem
ATTN: Charlie Rathburn
1115 Smith Tower
Seattle,WA 98104
RE: City of Auburn
City Activities as Respects County Arts Grarit
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 86 municipal corporations in the State of
Washington.
'WCIA has at least $1 million per occurrence combined single limit of liability coverage in
its self insured layer that may be applicable in the event an incident occurs that is deemed
to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not an
insurance company, your organization cannot be named as an "additional insured'.
Sincerely,
Eric B. Larson
Assistant Director
Diane Supler
cl~t~
P.O. Box 1155, Renton, WA 98057
(206) 764-6471 Fax 7644067