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HomeMy WebLinkAbout50501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 5 0 5 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING ACCEPTANCE OF THE KING COUNTY APPROPRIATION AND EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF FIVE THOUSAND FOUR HUNDRED AND 00/100 DOLLARS ($5,400.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. M09911M. WHEREAS, King County Cultural Resources desires to have certain services performed by the City of Auburn Arts Commission; and WHEREAS, acceptance of the grant funds 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: Section 1. Pursuant to Chapter 35A.33 RCW the City Council hereby approves the expenditure and appropriation of Washington State grant funds in the amount of FIVE THOUSAND FOUR HUNDRED and 00/100 DOLLARS ($5,400.00), pursuant to ---------------------- Ordinance No. 5050 November 18, 1997 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 Contract No. M09911M between King County and the City of Auburn. Section 2. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract No. M09911M, to provide partial support for a partnership between Auburn Arts Commission and Auburn School District as set forth in Exhibit "A" of said Contract, which is attached hereto and designated Exhibit "1" and incorporated herein by this reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ---------------------- Ordinance No. 5050 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 : December 1, 1997 PASSED : December 1, 1997 APPROVED : December 1, 1997 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: w? - - 9? ---------------------- Ordinance No. 5050 November 18, 1997 Page 3 CONTRACT NO. M09911M DEPARTMENT/ Deputy County Executive FEDERAL TAXPAYER I.D. DIVISION Cultural Resources CONTRACTOR Auburn Arts Commission PROJECT TITLE "Partnership Between Auburn Arts Commission & Auburn School District" AMOUNT $ 5,400 DURATION 08/01/97 FUND SOURCE TO 06/30/98 H/M-Cultural Arts Education CONTRACT FOR MISCELLANEOUS SERVICES - 1997 THIS CONTRACT is entered into by KING COUNTY (the "County"), and (the "Contractor"), Auburn Arts Commission Whose address is 24 W Main Street, 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: 1. 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: ? Scope of Services ? Request for Proposal (RFP) No. ? Response to RFP, Dated ? Personnel Inventory Report (K.C.C. 12.16) ? Affidavit of Compliance (K.C.C. 12.16) ? Assurance of Compliance/Section 504 ? Minority/Women's Business (K.C.C. 4.18) ? Certificate(s) of Insurance M SERVICES 97 1-97 1 Attached hereto as Exhibit A 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 Attached hereto as Exhibit Attached hereto as Exhibit Ordinance No. 5050 Exhibit "1" B. 'The Contractor shall provide right of access to its facilities, including those of any Subcontractor, to the County, the state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County-will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. C. If the Contractor is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection V.B. D. 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, Activities and Functions; and OMB Circulars A-133 and A-128, as amended and as applicable. Contractors receiving federal funds from more than one County department or division shall be responsible for determining 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 of the Contractor's fiscal year. VI. EVALUATION 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. VIL CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in'any manner the work or 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; B. The Contractor 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 into compliance, 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 extension in the number of days to complete the-corrective actions; M SERVICES 97 1-97 3 Ordinance No. 5050 Exhibit "1" 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 may, upon written notice to 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 terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide further services pursuant to the Contract. 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 terminate at the close of the current appropriation year. D. The Contractor may terminate this Contract in the event 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 have 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. E. Nothing herein shall limit, waive, or extinguish any right or 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. X. FUTURE SUPPORT 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. HOLD HARMLESS AND INDEMNIFICATION A. In providing services under this Contract, the Contractor is an independent contractor, and . neither the Contractor nor its officers,. agents 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 performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes 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 M SERVICES 97 1-97 5 Ordinance No. 5050 Exhibit "1" 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 limits and/or broader coverage.. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Agreement. B. Minimum Scope Of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11-88) covering -C'OR:WRCIAL GENERAL LIABILITY 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 Omissions coverage shall be provided. "Professional Services", for the purpose of this Contract section shall mean any services provided by a licensed professional. 3. Automobile Liability: Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol 1 "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. 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 by the "Stop Gap" endorsement to the General Liability policy. M SERVICES 97 Ordinance No. 5050 1-97 7 Exhibit "1" Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the County. F., Acce2tability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than ANIII, or, if not rated with Bests', with minimum 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, exceptions 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. G. Verification of Coverage 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 to bind coverage on its behalf. The certificates and endorsements 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 commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. Subcontractors The Contractor shall include all Subcontractors as insureds under its policies, and/or shall furnish separate certificates of 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. 1. Municipal or State Agency Provisions 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 attached hereto and be incorporated by reference and shall constitute compliance with this section. M SERVICES 97 Ordinance No. 5050 1_97 9 Exhibit "1" any investigation, proceeding or hearing initiated under the provisions of King County Code, Chapter 12.18; 6. publisher, firm; corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or 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 discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; and/or 7. employer to prohibit any person from speaking in a language other than English in the workplace. unless: a. the employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. the employer informs employees of the requirement and the consequences of violating the rule. D. Affirmative Action Reporting 1. 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 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. 2. The Contractor entering into. a Contract with King County 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. Subject 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. XIV. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Contractor shall complete a Disability Self Evaluation Questionnaire regarding its ability to provide programs and services to persons with disabilities mandated by Section 504 of the M SERVICES 97 1-97 11 Ordinance No. 5050 Exhibit "1" enterprise promises not to provide subcontracting quotations to other responding or potential responding parties. E. Meet the goals of this Contract for contracting with minority/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 King County, and have signed a sworn statement verifying that it has been previously sought to do business within the geographic boundaries of King County prior to the time the bid or proposal is submitted. Recognition by the County of certified M/WBs is contingent on the MiWB (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 Hispanic is narrower than that of 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 4.18.01 OR. 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 M/WBE and Contract Compliance Division. 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 %. F. Minority/Women's Business (M/WB) Liquidated Damages: The County in general, and the M/WB program in particular, are damaged when a contract, or portion of a contract, to be performed by a minority/women's business is not actually performed by a minority/women's business in compliance with King County Code Chapter 4.18. Because the-actual amount of such damage is not reasonably calculable, the parties agree and stipulate that liquidated damages equal to the dollar value of the utilization lost to the County due to the violation, not to exceed 10% of the total dollar value of the Contract, shall be the amount required to compensate the County for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and enforcement and other damages and costs caused by the violation. G. Maintain relevant records and information necessary to document compliance with King County Code, Chapter 4.18, and the Contractor's utilization of minority and women's business in its overall public and private business activities, and shall include the right of the County to inspect such record. 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 by the Agency to comply with any requirement of said chapter shall be a material breach of contract.. A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein, or any other person who M SERVICES 97 Ordinance No. 5050 1_97 13 Exhibit "1" XX. `- ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is 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 is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be 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 through written approval by the County, which shall be attached to the original Contract. COUNTY: FOR Signature - King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY January 3. 1997 CONTRACTOR: Signature CHARLES A. BOOTH Name (Please type or print) MAYOR Title (Please type or print) /,2- /4 7 Date ATTEST: Danielle. E. Daskam, Auburn City Clerk JARMOVED AS.TO FORM: Michael J. Reynolds, Auburn City '.A2ttorney M SERVICES 97 Ordinance No. 5050 1-97 15 Exhibit "1" EXHIBIT A SCOPE OF SERVICE Auburn Arts Commission and the King County Office of Cultural Resources mutually agree that the following services be provided in accordance with the application submitted to and approved by the King County Cultural Education Advisory Committee. Partial support for "Partnership Between Auburn Arts Commission & Auburn School District" The Auburn Arts Commission will coordinate residencies by five professional artists in four Auburn Middle School in cooperation with the Auburn School District. Each artists will provide 40 hours of in-class instruction for 7th grade classes in four schools. Project will include teacher inservice and a culminating event. Phase I: $3,000 For planning costs and fees. Payable upon submittal of invoice & documentation regarding: • Project schedule • List of participating artists Phase II: $2,400 For remaining fees and project costs. Payable upon completion of public presentation, submittal of invoice and documentation regarding: • Final budget, actual • Completion of evaluation forms • Final report of project activities • Programs, brochures, flyers if available PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County Arts Commission and Hotel/Motel Tax Revenues 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 by the King County Arts Commission Hotel/Motel Tax Revenues Final payment will not be made until acknowledgment is submitted on printed material Ordinance No. 5050 Exhibit "I"