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ORDINANCE NO. 5 I 5 7
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 FD-NDS IN THE
AMOUNT OF THREE THOUSAND AND 00/100 DOLLARS, ($3,000.00), AND
AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. 99136.
WHEREAS, the Auburn Arts Commission has submitted an
application for the Organizational Support Program (OSP); and
WHEREAS, acceptance of the grant will benefit the
citizens of Auburn; and
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter
Council hereby approves the expenditure
CITY OF AUBURN,
35A.33 RCW the City
and appropriation of
Washington State grant funds in the amount of THREE THOUSAND
and 00/100 DOLLARS ($3,000.00), pursuant to Contract No. 99136
between the Washington State Arts Commission and the City of
Auburn.
Section 2. The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute Contract No. 99136
which is attached hereto and designated Exhibit "1" which is
Ordinance No. 5157
September 18, 1998
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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 the Auburn Arts
Commission.
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.
INTRODUCED:
PASSED:
APPROVED:
October 5, 1998
October 5, 1998
October 5~ 1998
CHARLES A. OTH
MAYOR
Ordinance No. 5157
September 18, 1998
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ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~J~ds,
City Attorney
Published:
Ordinance No. 5157
September 18, 1998
Page 3
Awards Program
Contract No. 99136
OCT - 9 1998
CON--CT
Washington State Arts Commission
THIS AGREEMENT is made by and betweengt~rl~l~t~TON STATE ARTS COMMISSION,
hereinafter referred to as the COMMISSION, and
City of Auburn Arts Commission
hereinafter referred to as the CONTRACTOR. If applicable, CONTRACTOR'S Federal Employer
Identification Number is 91-6001228; CONTRACTOR'S Washington State UBI Number
is 171-000-010.
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:
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:
Funds in the amount of $0 in Federal funds and $3.000.00 in State funds, for the fiscal year of
1999 (July 1, 1998 to June 30, 1999) 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 October 5, 1998 and end on June 30,
1999. 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 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 COIVlMISSION. 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 printed materials relating to the projects. If no final report is
required, it will be noted on Attachment "A" Scope of Work.
Exhibit "1"
Ordinance No. 5157
4 All rights and obligations of the parties to this contract shall be subject to and governed by the
Special Terms and Conditions contained in the text of this contract instrument; Score of Work hereto set
forth in Attachment "A' and incorporated by reference herein; Payment Schedule 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 Oeneral Terms and Conditions for
Organizational 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 WHEREOF, 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
Date
Mavor
Authorizing Official Title
WASIIlNGTON STATE ARTS COMNUSSION:
Bill Palmer, Acting Executive 'Director, Official Designated Agent for Date
Mpnitoring of Contract
APPROVED AS TO FORM:
Marjorie~jSmiteh, Assistant Attorney General, State of Washington Dat~
4 All fights and obligations of the parties to this contract shall be subject to and governed by the
Special Terms and Conditions contained in the text of this contract instrument; Scope of Work hereto set
forth in Attachment "A'? and incorporated by reference herein; Payment 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
Or,,anizational Grant Recipients fi-om the National Endowment for the Axt. s (if this Contract includes
Federal funds) hereto set forth in Attachment "D" and incorporated by reference herein.
IN W1TNESS WHEREOF, the parties hereto have executed this agreement.
CONTRACTOR:
Organization/Individual Name (please print)
Authorizing Official (signature)
Authorized to commit organization/individual in financial matters
Date
Authorizing Official Title
WASHINGTON STATE ARTS COMMISSION:
Bill Palmer, Acting Executive Director, Official Designated Agent for
Monitoring of Contract
Date
APPROVED AS TO FORM:
Marjorie~]~mi~ch, Assistan'~ Attorney'General, State of Washmgxon Dat~
ATTACHMENT "A"
Scope of Work
t. 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 the Organizational Support Program (OSP).
Final Reports are due:
The completed form must be received by the Washington State Arts Commission (WSAC),
Awards Program, by 5:00 P.M.~ August 13~ 1999. Final Report Form will be mailed to
you in January 1999.
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.
Logo Credit:
Recipients of grants and programs from WSAC are asked to credit WSAC in promotional
communications about the grant. Logos are provided for recipients to use in print materials.
They may be enlarged, reduced, or reversed as needed. Copies of print pieces which
incorporate WSAC's logo should be submitted with Final Reports to the Awards Program. For
additional copies of the logo slick, please call (360) 753-3858.
b ARTSW 'II N
COMMISSION
Event Announcement and Documentation:
The CONTRACTOR must provide to the Awards Program of the COMMISSION, any public
announcement, press release, or other direct mail announcement of the event(s) funded under
this contract. The CONTRACTOR will include the Awards Program in any direct mailing of
an event announcement, press release, or other public mailing regarding the funded event (s).
Such public announcements must be sent to the Awards Program, WSAC, PO Box 42675,
Olympia, WA 98506-2675.
ATTACHMENT "B"
Payment Schedule
Contract No.99136
CONTRACTOR: City of Auburn Arts Commission
1. The CONTRACTOR agrees that funds as awarded in section (1) of the CONTRACT &nd 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 retum 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 1998 $3,000.00
TOTAL AWARD $3,000.00
ATTACHMENT "C"
GENERAL TERMS AND CONDITIONS
DEFINITIONS - As used throughout this contract, the following terms shall have the meaning 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 Aris Commission, and/or the delegate
authorized in wdting 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 Cpr~tractor.
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. 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 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 taxes 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 adse 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 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. ASSURANCE OF COMPLIANCE - The Contractor assures and certifies that it will comply 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 es 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 ' ' ' ti 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 program or activity
receiving Federal assistance.
3) Americans with Disabilities Act ("ADA") 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 Ill).
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, 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, cancelled 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 under 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, th~ Commission, their officers, agents, employees, ar~(:] assigns, frern and against any
liability, damages, claims, suits and/or expenses which hereafter adse on the part of 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 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, 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 right, in the event of breach of this clause by the Contractor, to annul this contract without
liability, or, in its discretion, to deduct from the contract price or consideration or recover by other means
the full amount of such commission, percentage, brokerage or contingent fee.
6, (~ONFLICT 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 pedormance 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 pedods 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.
{I. 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 time dudng
reasonable business hours and with such frequency as may be deemed necessary. Inspection and audit
may include predisbursement 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 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. ~ERVICES WITHIN WASHINGTON - The Contractor agrees that nc funds under this contract will be
used for activities or services outside the State of Washington, withou.t prior authorization of the
Commission.
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 registretion
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 comply with ail 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) 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 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.
~ - The Commission many, upon fifteen (i5) 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 pdor to the effective date of termination. Itis
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 of a lawsuit involving this contract, venue shall be proper only in Thurston County.
~ - 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 ara
declared to be severable.
1~, ACKNOWLEDGEMENTS - In all published matedal 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 pedormed 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.
~ - 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.
~[z~;~[[~ - 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 wil.l 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 preduction.
Compliance with the safety and sanitary laws of Washington State shall be pdma-facie evidence of
compliance.
4
FORM STATE OF WASHINGTON
At94A (~ AFRS
~..v,,-) INVOICE VOUCHER
387 00t
WASHINGTON STATE ARTS COMMISSION
254 E 8TH AVENUE
PO BOX 42675
OLYMPIA WA 98504-2675
City of Auburn Arts Commission
25 West Main Street
Auburn WA 98001
INSTRUCTION TO VENDOR OR CLAIMAN~ Submit this form to claim payment for materials,
megfftandise or services. S~3w cOmplete detail for eac~ item.
I$1GN IN INK)
91-6001228
DESCRiPTiON
For the Awards Pro,'am:
OrgauizotionalSupport Program F¥99
Per Attachment "A" Scope of Work
Contract #: 99136
RECEIVED BY:
FOR AGENCY
USE
State Funds: $3,000.00
November1998 Payment i Total: $3~000.00 i
AGENCY APPROVAL: DATE;
UBI NUMBER:
INVOICE NUMBER
FOR pAYMENT: DATE: WARRANT TOTAL: WARRANT NUMBER: