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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
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Ordinance No. 5050
November 18, 1997
Page 1
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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.
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Ordinance No. 5050
November 18, 1997
Page 2
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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?
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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"