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HomeMy WebLinkAbout48982 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 8 9 $ ' ~.%~/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING ACCEPTANCE OF THE WASHINGTON STATE ARTS COMMISSION APPROPRIATION AND EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF THREE THOUSAND SEVEN HUNDRED THIRTY AND 00/100 DOLLARS, ($3,730.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. 97056. WHEREAS, available State funds to the Auburn Arts arts activities and services; and WHEREAS, the Auburn Arts Commission has submitted application for the Organizational Support Program; and the Washington State Legislature has made Commission so support an WHEREAS, acceptance citizens of Auburn; and of the grant will benefit the 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: ~ Pursuant to Chapter 35A.33 RCW the City Council hereby approves the expenditure and appropriation of Washington State grant funds in the amount of THREE THOUSAND Ordinance No. 4898 September 26, 1996 Page 1 1 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 SEVEN HUNDRED THIRTY and 00/100 DOLLARS ($3,730), pursuant to Contract No. 97056 between the Washington State Arts Commission and the City of Auburn. ~ The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract No. 97056 which is attached hereto and designated Exhibit "1" which is incorporated herein by this reference, between the Washington State Arts Commission and the City of Auburn which will provide grant funding to the City of Auburn Arts Commission in accordance with the application submitted by th,e Auburn Arts Commission. ~_~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry publication, out the directions of this legislation. ~ This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and as provided by law. Ordinance No. 4898 Septer~ber 26, 1996 Page 2 6 7 8 9 10 11 12 13 14 15 1 2 3 4 5 ATTEST: Rbbin Wohlhueter, City Clerk INTRODUCED: PASSED: APPROVED: 16 APPROVED AS TO FORM: 19 Michael J. Reynolds, City Attorney 20 21 22 23 24 25 26 Published: O~dinance No. 4898 Septe~ber 26, 1996 Page 3 CHARLES A. BOOTH MAYOR WASHINGTON STATE ARTS AWARDS PROGRAM COMMISSION ORIGINAL No. ~.Z0 56 CONTRACT THIS AGREEMENT is made by and between the WASHINGTON STATE ARTS COMMISSION, hereinafter referred to as the COMMISSION, and Auburn Arts Comm hereinafter referred to as the CONTRACTOR. If applicable, CONTRACTOR'S Federal Employer Identification Number is-.9_.1~; CONTRACTOR'S Washington State UBI Number is -~9~ ~.~.~. 171-000-010. WITNESSETH:(~I~.~'~'~' WHEREAS, The National Endowment for the Arts has made available Federal funds and the Washington State Legislature has made available State funds to the COMMISSION to support arts activities and services under certain terms and conditions; and, WHEREAS, the CONTRACTOR has submitted an application for: The Organizational Support Program That application is approved and herein incorporated by reference and on file in the Commission's offices. WHEREAS, The COMMISSION finds that the submitted application is eligible for funding; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED THAT: 1 Funds in the amount of $0 in Federal funds and $3.730 in State funds, for the fiscal year of 1997 {July 1. 1996 to June 30, 1997) are hereby awarded by the COMMISSION to the CONTRACTOR. The CONTRACTOR agrees to provide matching funds equal to or greater than those funds provided by the COMMISSION. The activity or service funded will begin on .~_b.e~ and end on June 30, 1 ~)~7. Payments will be made in accordance with the payment schedule set forth in Attachment "B" and incorporated herein by reference. If applicable: Federal Catalog of Domestic Assistance Number, N/A; Federal Grant Number, N/A. 2 The CONTRACTOR agrees that funds shall be expended solely for the activities and services described above, in the approved application, and according to Attachmment "A" Scope of Work attached herein incorporated by reference unless a specific request in writing for a modification has been received from the CONTRACTOR and approval has been granted in wdting by the COMMISSION. All funds must be expended by the ending date of this contract unless an extension is requested in writing by the CONTRACTOR and approved in writing by the COMMISSION. The CONTRACTOR agrees to notify the COMMISSION immediately if any portion of the funds will not be expended with the understanding that unexpended funds will be returned to the COMMISSION by the end of the fiscal year. 3 The CONTRACTOR agrees that a final report will be completed and provided to the COMMISSION within 45 days following the contract ending date. The CONTRACTOR agrees that it will provide the COMMISSION with color slides, glossy black-and-white photographs, clippings, catalogs, programs, reviews, or other pdnted materials relating to the projects. If no final report is required, it willl be noted on Attachment "A" Scope of Work. Exhibit "1" Auburn Ordinance No.~ll~ 1 Adopted: 10/21/96 4 All rights and obligations of the parties to this contract shall be subject to and governed by the Soecial Terms and ConditiohS contained in the.text of this contract instrument; Scooe qf Work hereto set forth in Attachment "A" and incorporated by reference herein; ~ hereto set forth in Attachment "B" and incorporated by reference herein; General Terms and Condition.~ hereto set forth in Attachment "C" and incorporated by reference herein; and the General Terms and Condition~ for Oroanizational Grant Recieients from the National Endowment for the Arts (if this Contract includes Federal funds) hereto set forth in Attachment "D" and incorporated by reference herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement. CONTRACTOR: Organi~'ati{~'ln~ividual Name (please pdnt) Authorizing Official (signature) CHARLES A. BOOTH Authorized to commit organization/individual in financial matters MAYOR, CITY OF AUBURN Authorizing Official Title WASHINGTON STATE ARTS COMMISSION: ~.~,n"Kar~se, .Ex~e [3i~ector, Official Designated Agent for Monitoring of Contract Date APPROVED AS TO FORM: M~tant Attorney General, State of Washington Auburn City Attorney 2 ATTEST: 'Robin Wohlhueter Auburn City Clerk Exhibit "1" Auburn Ordinance No. 4898 Adopted: 10~1/96 ATTACHMENT "A" Scope of Work CONTRACTOR: Auburn Arts Comm No. 97056 1. The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: Assistance with general operating expenses associated with the programs and services detailed in the application for Organizational Support Program (OSP). Final Report are due: The Completed form must be received by the Washington State Arts Commission, Awards Program, by 5:00 P.M., Auaust 13. 1997. A Final Report Form will be mailed to you in January 1997. Every grant recipient must submit a Final Report to the Washington State Arts Commission's Awards Program, 45 days following the contract ending date; this is a contractual obligation for the grant. ATTACHMENT "B" Payment Schedule No. 97056 CONTRACTOR: Auburn Arts Corem 1. 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: (a) No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section (1) of the CONTRACT; (b) Payments will be made after the expenses for which COMMISSION funds were committed have been incurred; (c) The CONTRACTOR must return all invoice voucher(s) to the COMMISSION no later than the first working day of each designated payment date; (d) Upon receipt by the COMMISSION of an acceptable Payment Schedule, the COMMISSION will provide to the CONTRACTOR the proper invoices, (unless already provided), on which the CONTRACTOR will claim each payment; (e) The COMMISSION will make payment to the CONTRACTOR by the 20th day of each designated payment date. (f) The schedule for payment is as follows: Month/Year Amount November 1996 $ 3,730 TOTAL AWARD $ 3,730 ATTACHMENT "C" GENERAL TERMS AND CONDITIONS ~ - As used throughout this contredt, the following terms shall have the mea~'~lng set forth below: A. "COMMISSION" shall mean the Washington State Arts Commission, of the state of Washington, any division, section, office, unit or other entity of the agency, or any of the officers or other officials lawfully representing that agency. B. "AGENT" shall mean the Executive Director, Washington State Arts Commission, and/or the delegate authorized in writing to act on his/her behalf. C. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing services under this contract, and shall include all employees of. the C.or~trector. D. "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' means Subcontractor(s) in any tier. 1, Cq)NTRACT(~R NOT EMPLOYEE OF THE AGENCY - The Contractor and any agents, officers, directors and employees of the Contractor in the performance of this contract are acting as independent contractors and not in any capacity as officers, agents, or employees of the Commission or of the State of Washington. The Commission shall not control or otherwise supervise the manner in which this contract is' performed nor withhold or pay any payroll tm(as on behalf of the Contractor or the Contractor's employees or agents. Any and all employees of the Contractor or other persons who engage in the performance, of any work or services required by the Contractor under this contract shall be considered employees of the Contractor only and not of the Commission nor of any other department or agency of the State of Washington. Any and all claims that might arise under the Workers Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the Contractor's employees or other persons while so engaged in any of the work or service provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. 2. A,~SURANCE OF COMPLIANCE - The Contractor assures and certifies that it will compily with Title VI oi the civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabiiitstion Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), the Americans with Disabilities ACt of 1990 (42 U.S.C. 12101-12213) and, where applicable, Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), Washington State Law Against Discrimination, Chapter 49.60 RCW, as well as all regulations of the National Endowment for the Arts issued pursuant to these sta~'.utes and that it immediately will take any measures necessary to comply. 1) Title VI of the Civil Rights Act, as amended, the Ace Discrimination ACt of 1975, and Title IX of the Education Amendments of 1972 provide that no person in the United States shall on the grounds of race, color, national origin, age or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 2) Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled individual in the United States, as defined in Section 7(6), shall, solely by reason of his disability, be excluded from pa,~icyation in, be denied the benefits of, or be subjected to discrimination under any procjram or activity receiving Federal assistance, 3) Americans with Disabilities Act ("ADA'~ prohibits discrimination on the basis of disability in employment (Title [), State and local govemmant services ('T3tle II), and places of public accommodation and commercial facilities (Title III). This assurance is given in connection with any and all financial assistance received from the Commission after the date this form is signed. This includes payments after such date for Iinancial assistance approved before such date. Exhibit "1" Auburn Ordinance No. 4898 Adopted: 10/21/96 _The Cqntractor recogn zee and agrees that any such assistance will be extended in relladce'0n ' the representations and agreements made in this assurance, and that the United States shall have the dght to seek judIcial enfomement of this assurarlce. This assurance is binding on the Contractor, its successors,, transferees, and assignees, and on the authorized official whose signature appears below. In the event of the Contractor's noncompliance or refusal to comply with the above nondiscrimination clauses, this contract may be rescinded, canceJled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Commission. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. · N I A I - Neither the Contractor nor any Subcontractor shall transfer or assign in any manner this contract, nor any claim arising under this contract, nor any of its rights or obligations under this contract. ~., INDEMNIFICATION - The Contractor shall defend, protect, indemnity, save and hold harmless the State of Washington, the' Commission, their officers, agents, employees, and assigns, fmrh and against any . liability, damages, claims, suits and/or expenses which hereafter arise on the part Qf any and all persons as a direct or indirect result of Contractor's performance of or failure to perform duties pursuant to this contract, Including, but not limited to, the violation or infringement of any copyright. The Contractor further agrees to assume, at its own expense, the defense of any of the aforesaid losses, damages, or claims, or any action based thereon. 5. COVENANT AGAINST CONTINGENT FEES - The Contractor wa[rants 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, pementage, 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 dght, in the event of breach of this clause by the Contractor, to annul this contr4ct without liability, or, in its discretion, to deduct from the contract pdce or consideration or recover by other means the full amount of such commission, pementage, brokerage or contingent fee. 6. CONFLICT OF INTEREST - The Commission may, by written notice to the Contractor terminate this contract if it is found after due notice and examination by the designated Commission Agent that there is a violation of the Executive Conflict of Interest Act, Chapter 42.18 RCW; Code of Ethics for Public Officers and Employees, Chapter 42.22 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 o{~ 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. 7. RECORDS. DOCUMENTS. AND REPORTS - The Contractor shall maintain accounts, books, records, documents and other evidence pertaining to costs incurred and revenues acquired uhder 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 finances can be clearly identified. The Contractor agrees that periodic expenditure reports may be required of the Contractor and will be made available upon request of the Commission. The records should clearly show that matching expenditures, if required are not less than the amount granted in the approved application and this contract. The Commission reserves the right to require the return of all funds upon.the failure of the Contractor to submit requested reports required by the Commission within such time p~riods as designated by the Commission. Repayment by the Contractor shall occur within thirty (30) days upon demand. In the event that the Commission is required to institute legal proceedings to enforce this repayment provision, the Commission shall be entitled to its costs thereof, including reasonable attorney's fees. 2 Exhibit "1" Auburn Ordinance No. 4898 Adopted: 10/21/96 ~.' RIGHT'OF INSPECTION - The State Government may inspect and audit the Contractor's financial accounts and records, or may designate a qualified person to do so on its behalf, at any t,ime during reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include predisbursernent visits to determine the adequacy of the Contractor's accounting system. FinanciAl records must be kept on file for a minimum of three years following the termination of the contract period. The required retention period may be extended by written notification from the Commission. If Federal funds are dedicated to payment of thi? contract, the Federal Government shall be afforded the same right of inspection. 9. 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. 10. 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 Comrnisalon. 11, 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. 12. REGISTRATION WITH DEPARTMENT OF REVENUE - The Contractor shall complete registration with the Department of Revenue, General Administration ~uilding, Olympia, WA 98504, ,and be responsible for payment of all taxes due on payments made under this contract~ 13. LICENSING. ACCREDITATION AND REGISTRATION -The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract. In the performance under this contract, the Contractor shall comply with ail applicable federal, state, and local laws, rules, and regulations. 1,~. I~IMITATION OF AUTHORITY - This contract contains the entire agreement of the parties. understandings, oral or otherwise, not contained in this contract are not part of this contract. Only the Commission Agent or Agent's delegate by wdting (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by all par~ies, and Attached hereto. 13, WAIVER OF DEFAULT - Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the contract unless stated to be such in writing, signed by the Commission's designated Agent and attached to the odginal contract. ~- The Commission many, upon fifteen (:15) days written notice, for non-fulfillment of contractual terms or when deemed to be in the best interests of the Commission, terrain;itc this contract .at any time in whole or in part. If this contract is so terminated, the Commission shall be liable only for payment in accordance with the terms of this agreement for services rendered or costs incurred and documented by the Contractor on Commission forms prior to the effective date of termin~[tion. It is specifically understood and agreed that the Commission may terminate this contract if, and in the event that, funding from the State or Federal Go~/ernment is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal termination. ~ - This contract shall be governed by the laws of the state of Washington. In the event of a lawsuit involving this contract, venue shall be proper only in Thurston County. Exhibit "1" Auburn Ordinance No. 4898 Adopted: 10/21/96 ~ - If any provision of this contract or any provision of any document incorporated by reference sh~{I be held invalid, euoh [nv~ildity shall not ~ffect the other provisions of this contract which can be given effect without the invalid provision; and to this end the pmvialons of this contract are declared to be severable. 19. ACKNOWLEDGEMENTS - In all p,',blished material and announcements regarding this contract the CONTRACTOR agrees that a special note will be made as follows: (a) "This program is supported, in part, by a grant from the.Washington State Arts Commission." (b) When no printed matter is produced, oral credit shall be given. ~ (c) When CONTRACTOR engages in in-person interviews with audio, video, or pdnt journalists which result from this CONTRACT the following verbal announcement is to be made: "This program is presented by the WASHINGTON STATE ARTS COMMISSION.' (d) Copies of prepared information releases to media concerning services performed under this agreement shall be submitted to the COMMISSION. 20. 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. 21. REPRODUCTION - The Federal and/or State Govemment reserves a non-exclusive license to use and reproduce for Government purposes, without payment, any publishable matter, including matter under copyright, adsing out of contract activities where.the Government deems it in its interest to do so. This right shall not include the dght to publish any volume in its entirety. 22. ENT1RE AGREEMENT - This contract contains the entire agreement of the parties. All understandings, oral or otherwise, not contained in this contract are not part of this contract uniess written, signed by all parties, and attached hereto. 23. AMENDME~',~'S - This contract may only be amended by mutual consent of the Commission and Contractor. To be effective, a~y amendment must be in writing, signed by all parties, and attached hereto. In She event Federal funds are committed by this contract, the following General Terms and Conditions apply: 24. "GENERAL TERMS AND CONDFFIONS" The Contractor agrees to abide by all conditions of the National Endowment for the Arts "General Terms and Conditions' for federal funding, set forth as Attachment D and which is incorporated herein by _ reference. ' 25. WORKING CONDITIONS - In consideration of a grant made under Section 5 of the National Foundation on the Arts and the Humanities Act of 1965 and in order to satisfy the condition expressed in Section 5(j) of that act so as to be eligible to receive federal grant funds, the Contractor does hereby make his contractually binding promise to the Secretary of Labor that (1) all professional performers and related or supporting professional personnel employed on projects or productions which ~.re financed in whole or · in part under this section will be paid, without subsequent deduction or rebate on any account, not less than the minimum compensation as determined in 29CFR 503(3)(a) to be the prevailing minimum compensation for persons employed in similar activities; and (2) no part of any project or production which is financed in whole or in part under Section 5 of the National Foundation on the Arts and the Humanities Act of 1965 will be performed or engaged in under working conditions which are unsanitary or hazardous or dangerous to the health and safety of the employee engaged in such project or production. Compliance with the safety and sanitary laws of Washington State shall be pdma-facie evidence of compliance. 4 Exhibit "1" Auburn Ordinance No. 4898 Adopted: 10/21/96 STATE OF WASHINGTON INVOICE VOUCHER Washingten ..._ ~mYm~.~ .... 234 E 8th Ave. P O Box 42675 Olympia WA 98504-2675 VENDOR OR CLAIMANT (Warrant is to be payable to) Auburn Arts Corem 25 We~t Main Street Auburn, WA 98001 OCT 3 1 199 AGENCY USE ONLY P.R. OR AUTH. NO.1 INSTRUCTIONS TO VENDOR OR CLAIMANT' Submit tht$ form to claim payment for materials, merchand~s,9 or services. Show compIBte detail for each ~tem. Vendor's Certificate. I hereby certify under penalty of perjury that the items and totals lisled hereto are proper charges for materials, merchan- dise or services furnished to the Slate of Washington, and that all goods furnished and/or services rendered have been provided without discrimina- tion because of age~ sex, marital status, race. creed, coJor, nationaJ handicap, religion, or Vietnam era or disabled ve~ ~ s status ' ~/~T~TLE) {DATE) Washington State Arts Corem sslon DATE '~REPARED BY DOC DATE IRECEIVED EY r urganlzationaJ $~_ipp,_.L F,uy,am (GSF F-f~7) J OUANT'TY uNrr / ~'~I~TE/ DECRIPTION ' Her Contract Attachment -'A~ Scope u[ 'v'v'ufk State funds Federal funds Total Grant Award Contract #97056 For November i6,66 (To[al Payme,l.) :CCUNTJNG APPROVAJ FOR PAYMENT SUB SUB OBJECT CURRENT DOC NO I REF DOC NO ORG , DATE VENDOR ' WARRANT TOTAL AMOUNT .$3,730 $3,730 AMOUNT DATE RECEIVED FOR AGENCY USE DATE UI~E UBI NUMBER INVOICE NUMBER WARRANTNUMBER