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HomeMy WebLinkAbout5049 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ORDINANCE NO. 5 0 4 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 ONE HUNDRED FIFTY AND 00/100 DOLLARS, ($3,150.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. 98-AIR-14. WHEREAS, application for the Artists WHEREAS, acceptance citizens of Auburn; and the Auburn Arts Commission has submitted an in Residence Sponsor Grant; 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 WASHINGTON, DO ORDAIN AS FOLLOWS: OF THE CITY OF AUBURN, ~ 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 ONE FIFTY HUNDRED and 00/100 DOLLARS ($3,150.00), pursuant to Contract No. 98-AIR-14 between the Washington State Arts Commission and the City of Auburn. Ordinance No. 5049 Noveraber 18, 1997 Page 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ~ The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract No. 98-AIR-14 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 accordance with the application Commission. ~ The Mayor is such administrative procedures as may funding to the City of Auburn Arts Commission in submitted by the Auburn Arts hereby authorized to implement be necessary to carry take effect and be in approval and out the directions of ~ This force five this legislation. Ordinance shall its passage, publication, (5) days from and after as provided by law. Ordinance No. 5049 November 18, 1997 Page 2 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 INTRODUCED: PASSED: APPROVED: December 1, 1997 December ir 1997 December 1~ 1997 CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Ordinance No. 5049 November 18, 1997 Page 3 WASHINGTON STATE ARTS COMMISSION Program: Arts In Education CONTRACT 1997 Contract No. 98-AIR-14. THIS AGREEMENT is made by and between the WASItINGTON STATE ARTS COMMISSION, hereinafier referred to as the COMMISSION, and Auburn Arts Commission hereinafter referred to as the CONTRACTOR. If applicable, CONTRACTOR'S Federal Employer Identification Number is 91-600122~; CONTRACTOR'S Washington State UBI Number is WITNESSETH: 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: Artists In Residence Sponsor Grant 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 $0.00 in Federal funds and $3,150.00 in State funds, for the fiscal year of 1998 (July 1, 1997 to June 30, 1998) 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 July 1, 1997 and end on June 30, 1998. Payments will be made in accordance with the payment schedule set forth in Attacfunent "B" and incorporated herein by reference. If applicable: Federal Catalog of Domestic Assistance Number, 45.025 ; Federal Grant Number, 97-6118-2042. 2 The CONTRACTOR agrees that funds shall be expended solely for the activities and services described above, in the approved application, and according to Attachment "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 writing 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 30 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 printed materials relating to the projects. If no final report is required, it will be noted on Attachment "A" Scope of Work. Ordinance No. 5049 Exhibit "1" 4 All rights and obligations o£ de pm'ties to this contract shall be subject to m-~d governed by the S)~ecial Terms and Conditions contained ~n the text of~is contract instrument; Scope of Work hereto set forth in Attachment "A' and incorporated by reference herein; Pa ent Schedule hereto set forth in Attachment "B' and incorporated by reference herein; General Terms and Conditions hereto set forth in Attachment "C' and incorporated by reference herein; and the General Terms and Conditions for Omanizational Grant Recipients 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 WI-IEREOF, the parties hereto have executed this agreement. CONTRACTOR: - City of Auburn Organization/Individual Name (please print) Authorizing Official (signature) Authorized to commit organization/individual in financial matters F~. Date Mayor Authorizing Official Title WASHLNGTON STATE ARTS COMZ4ISSION: Bill Palmer, ~.cting Executive Dir~tor, Dfficial Designated Agent for · Monitoring of Contract APPROVED AS TO FORM: Marjorie(~mitch, Assistant Attomey'General, State of Washin~on Date el J Re!a~olds, Auburn City Attorney Danielle E. Daskam, Auburn City Clerk DATS: 7 Ordinance No. 5049 Exhibit "1" ATTACHMENT "A" Scope of Work No. 98-AIR-14 The CONTRACTOR agrees that funds shall be received solely for the services and/or reimbursements described here below: 1. The CONTRACTOR agrees to provide cash matching funds in the amount, of $3,150.00 and to expend these matching funds and the funds granted through this contract on the following residency models: $3,150.00 on model 1 and 2 residency activities, $0.00 on model 3 residency activities, and $0.00 on model 4 residency activities. The CONTRACTOR shall abide by the following program requirements: a) At least four weeks prior to the first day of each residency, sponsors must submit to the COMMISSION for approval a "detailed plan" form and a copy of the sponsor's contract with the artist. Sponsors will not receive their matching grant from the COMMISSION unless residencies are approved through this procedure. b) Sponsors will provide artists with a contract, and items 4 c through I of this contract shall be incorporated by reference in any sponsor contract with artists. c) For model 1 and 2 residencies, artists local to the residency site will be paid $150 per residency day honorarium at the end of each two week's service and $.31 mileage reimbursement for travel to and from the site within ten working days of receipt of the artist's invoice. d) For model 3 and 4 residencies, which require unusual hours, local artists will be paid a minimum of $37.50 per hour for workshops and preplanning meetings, as well as mileage expenses, if applicable, using a reasonable time schedule agreed to by the artist and sponsor. e] In the event sponsors hire out-of-town artists (those living 50 miles or more from the residency site), for any model, in addition to the honorarium, sponsors will pay artists $66 a day per diem for each full day spent in the sponsor's community, and $.31 per mile reimbursement for in-state travel to the residency site. Honorarium and per diem must be paid on the last day of each two week's service. Mileage reimbursement must be paid within 10 working days of receipt of the artist's invoice. f) The residency must be 10 days (minimum) in length except for special exceptions preappmved by the COMMISSION. The artist must work with at least one core group for at least eight hours of a 40-hour residency. The artist may not work with more than six (6) classes during a forty-hour residency. g) For model 1 and 2 residencies, the artist works no more than four (4) contact periods and no more than four (4) hours per day. During the remainder of the day, the artist pursues his/her own art. Ordinance No. 5049 3 Exhibit "1" ATTACHMENT "A" Scope of Work (continued) No. 98.-AIR-14 h) For model 1 residencies, four (4) hours of a forty (40) hour residency will be spent on community outreach and a teacher workshop unless sponsor receives permission from COMMISSION to use this time for special, approved projects. i) Contact-period classes will not exceed 35 participants. j) In schools, classroom teachers will remain in the session room at all times. k) All residency material and supply costs are to be paid by the sponsors. 1) If requested by the artist or scholar, studio space must be made available: for artists; office space for writers and art scholars. m) Site coordinators must evaluate the residency using the COMMISSION'S "site evaluation form" and must submit these forms to the COMMISSION, except in the case of model 3 residencies, which will require a written report in place of the evaluation form. 5. 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 artd conditions: a) Payments of state funds will be made on a reimbursement basis only. Nc, funds will be paid to the CONTRACTOR in advance of the project starting date stated in section (1) of the CONTRACT; b) Payments of state funds will be made after the expenses for which COMMISSION funds were committed have been incurred; OR, in one lump sum upon completion of the project; c) In all cases, payments will be made no more than quarterly upon receipt by the COMMISSION of the proper invoices on which the CONTRACTOR will claim each payment; the COMMISSION will provide the CONTRACTOR with the proper invoices. d) No final payments of state funds will be made until the Artists In Residence final report form is received by the COMMISSION. Ordinance No. 5049 Exhibit "1" 4 ATTACHMENT "B" Payment Schedule Contract #98-AIR-14 CONTRACTOR: Auburn Arts Commission 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 upon conclusion of the residency; (d) Upon receipt by the COMMISSION of an acceptable Payment Schedule, the COMMISSION will provide to the CONTRACTOR the proper iw~oices, (unless already provided), on which the CONTRACTOR will claim each payment; (e) The COMMISSION will make payment to the CONTRACTOR by the 30th day of each designated payment date. (0 The schedule for payment is as follows: PARTIAL PAYMENT WILL BE MADE UPON RECEIPT OF INVOICE AT THE CONCLUSION OF EACH RESIDENCY. FINAL PAYMENT WILL BE MADE UPON RECEIPT OF THE FINAL INVOICE AND FINAL REPORT. TOTAL AW~3,150.00 Ordinance No. 5049 Exhibit "1" ATTACI~iV~ENT "C' GENERAL TER.MS A.N'D CONDITIONS DEFINITIONS - As used throughout this contract, the following terms shall have the meaniag 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 Contractor. 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. I. CONTRACTOR 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 of-fleers, agents, or employees of the Commission or of the State of Washington. The Commission shall not control or otherwise supervise the manner in ~vhich this contract is performed nor withhold or pay any payroll taxes on behalf of the Contractor or the Contractors 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 Co~ntractor 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 Worker's 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 Contractors 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. ASSURANCE OF COMPLIANCE - The Contractor assures and certifies that it will cotnply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Section 504 of the Rehabilitation 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 statutes and that it immediately will take any measures necessary to comply. 1) Title VI of the Civil Rights Act, as amended, the Age 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 participation in, be denied the benefits of, or be subjected to discrimination under any prog~mn or activity receiving Federal assistance. 3) Americans with Disabilities Act (".~d3A") prohibits discrimination on the basis of disability in employment (Title I), State and local government services (Title 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 financial assistance approved before such date. The Contractor recognizes and agrees that any such assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Contractor, its successors, Ordinance No. 5049 Exhibit "1" 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, canceled 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. 3. NONASSIGNABILITY - Neither the Contractor nor any Subcontractor shall transfer or assign in any manner this contract, nor any claim arising u'nder this contract, nor any of its rights or obligations under this contract. 4. INDEMNIFICATION - The Contractor shall defend, protect, indemnify, save and hold harmless the State of Washington, the Commission, their officers, agents, employees, and assigns, from and against any liability, damages, claims, suits and/or expenses which hereafter arise on the part of-'my 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 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, tn annul this contract without liability, or, in its discretion, to deduct from the contract price or consideratinn or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. 6. CONFLICT OF INTEREST - The Commission may, by written notice to the Contractor terminate this contract if it is found aRer 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 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. 7. RECORDS, DOCUMENTS. AND REPORTS - The Contractor shall maintain accounts, books, records, documents and other evidence pertaining to costs incurred and revenues acquired under 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 periods 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. 8. RIGH'Y 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 time during reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit may include predlsbursement 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 this contract, the Federal Govemmant shall be afforded the same right of inspection. Ordinance No. 5049 2 Exhibit "1" 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 WITI-tIN 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. I 1. 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 Building, 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 conrply 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 all applicable federal, state, and local laws, rules, and regulations. 14. LIMITATION OF AUTHORITY - 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. Only the Commission Agent or Agent's delegate by writing (delegation to be made prior to action) .';hall 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 nr condition of this contract is not effective or binding unless made in writing and signed by all parties, and attached hereto. 15. 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 original contract. I6. TERMINATION - 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, terminate 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 termination. 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 Government is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal termination. 17. GOVERNING LAW - This contract shall be governed by the laws of the state of Washington. In the event ora lawsuit involving this contract, venue shall be proper only in Thurston County. 18. SEVERABILITY - If any provision of this contract or any provision of any document incorporated by reference shall be 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. 19. ACKNOWLEDGEMENTS - In all published 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 print 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 3 Ordinance No. 5049 Exhibit "1" 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 ~vill 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_L___~PRODUC. TION - The Federal and/or State Government reserves a non-exclusive license to use and reproduce for Government purposes, without payment, any publishable matter, including matter under copyright, arising out of contract activities where the Government deems it in its interest to do so. This right shall not include the right to publish any volume in its entirety. 22. ENTIRE 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 unless written, signed by all parties, and attached hereto. 23. AMENDMENTS - This contract may only be amended by mutual consent of the Commission and Contractor. To be effective, any amendment must be in writing, signed by all parties, and attached hereto. In the event Federal funds are committed by this contract, the following General Terms and Conditions apply: 24. "GENERAL TERMS AND CONDITIONS" 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 are 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 condition..~ which are unsanitary or hazardous or dangerous to the health and safety of the employee engaged in :~uch project or production. Compliance with the safety and sanitary laws o~'Washington State shall be prlrna-facie evidence of compliance. Ordinance No. 5049 Exhibit "1" 4