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HomeMy WebLinkAbout51801 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 I 8 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING ACCEPTANCE OF KING COUNTY ARTS COMMISSION APPROPRIATION AND EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF SIX THOUSAND SIX HUNDRED TWENTY-FIVE AND 00/100 DOLLARS, ($6,625.00), AND AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. D26421D. WHEREAS, the Auburn Arts Commission has submitted an application for the King County Arts Commission Sustained Support Program Grant; 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 35Ao33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 Council hereby approves the expenditure King County grant funds in the amount HUNDRED TWENTY-FIVE AND to Contract Auburn. Section 00/100 DOLLARS, No. D26421D between King CITY OF AUBURN, Auburn are RCW the City and appropriation of of SIX THOUSAND SIX ($6,625.00), pursuant County and the City of 2. The Mayor and City Clerk of the City of hereby authorized to execute Contract No. D26421D Ordinance No. 5180 November 10, 1998 Page 1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 which is attached hereto and designated Exhibit "1" which is incorporated herein by this reference, between King County and the City of Auburn which will provide 9rant fundin9 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 such administrative procedures as may be necessary to out the directions of this legislation. Section 4. This Ordinance shall take effect and be force five (5) days from and after its passage, approval publication~ as provided by law. implement carry in and INTRODUCED: PASSED: APPROVED: December 7, 1998 D~_r~Jnba~r 7. 1998 December 7. 1998 CHARLES A. BOOTH MAYOR Ordinance No. 5180 November 10, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 i1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance NO. 5180 November 10, 1998 Page 3 King County Contract No. D26421D Federal Taxpayer ID No. Department/Division Deputy County Executive / Cultural Resources Agency Auburn Arts Commission Project Title Granting program and free student tickets to the BRAVO! series. Contract Amount $ 6,625.00 Contract Period From: 01/01/98 Fund Code CX-Sustained Support To 12/31/98 KING COUNTY AGENCY SERVICES CONTRACT - 1998 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Arts Commission whose address is 25 W Main, Auburn WA 98001 , (the "Agency"). WHEREAS, the County has been advised that thc following are thc current funding sources, funding levels and effective dates: Ft/NDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $6,625 1/1/98 to 12/31/98 FEDERAL to Federal Catalogue No. STATE to to TOTAL $6,625 1/1/98 to 12/31/98 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 12926. 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: Exhibit "1" OrdiDzmce No. 5180 AG SERVICES 98 I I. SCOPE OF SERVICES [] [] [] [] [] [] [] The Agency 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 Service Personnel Inventory Report ( KCC 3.04 ) Affidavit of Compliance ( KCC 12.16 ) Disability Assurance of Compliance Certificate of Insurance DSHS Nondiscrimination 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 A DURATION OF CONTRACT This Contract shall commence on the 1st day of Sanuary 1998, and shall terminate onthe 31st dayof December 19.9_~., unless extended or terminated earlier, pur~uant to the terms and conditions of the Contract. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Conl~act in an amount not to exceed $6,625. , payable in the following manner: As soecified in the Scope of Service Thc Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 30 working days at, er the close of each indicated reporting period. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 45 days after the appropriate invoice is received. -- The Agency shall submit'its final invoice and all outstanding reports within ~0 days of the date this Contract terminates. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, the County w/Il be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or any subsequent invoice. IV. OPERATING BUDGET When a budget is attached hereto as an exhibit, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. The Agency shall request prior approval from the County for amendment to this Contract when the cumulative amount of transfers among the budget categories is expected to exceed 10% of the Contract amount. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. AG SERVICES 98 IN'rEKNAL CONTROL AND ACCOUN'rL~G SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and fmancial reporting standard~. VI. MAINTENANCE OF RECORDS The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington CRCW) Chapter 40.14. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. AUDITS If the Agency expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the County during its fiscal year, 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, Programs, Activities, and Functions; and OMB Circulars A-133, as amended, and as applicable. The Agency shall provide a copy of the audit report to each County division providing financial assistance to the Agency no later than six (6) months subsequent to the end of the Agency's fiscal year. The Agency shall provide to the County their response and corrective action plan for all findings and reportable conditions contained in their audit. When reference is made in their audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective action plan. If the Agency is a municipal cospomtion, 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 VII.A. VIH. EVALUATIONS AND INSPECTIONS A. The Agency 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 Agency in the ease of fiscal audits to be conducted by the County. B.-- The records and documents with respect to all matters covered by this Contract shall be subject at all times to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. AG SERVICES 98 3 IX. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Conlvact 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 KCC Chapter 42.17. CORRECTIYE ACTION If the County determines that a breach of Contract has occurred, that is, the Agency has failed to comply with any terms or conditions of this Contract or the Agency 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 Agency in writing of the nature of the breach; The Agency 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 (I0) days from the date of the Agency's response, unless the County, at its sole discretion, specifies in writing an extension in the number:of days to complete the corrective actions; The County will notify the Agency in writing of the County's determination as to the sufficiency of the Agency's corrective action plan. The determination of sufficiency of the Agency's eorroefive anfion plan shall be at the sole discretion of the County; In the event that the Agency does not respond within the appropriate time with a corrective action plan, or the Agency's corrective action plan is determined by the County to be insufficient, the County may commence termination of this Contract in whole or in part pursuant to Section XLB; In addition, the County may withhold any payment owed the Agency or prohibit the Agency from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section XI, Subsections A, B, C, D, and E. ASSIGNMENT/SUBCONTIiACTING ho The Agency shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Agency not less than fit~een (15) days prior to the date of any p~posed assignment. . "Subcontract" shall mean any agreement between the Agency and a subcontractor or between subContractOrs that is based on this Contract, provided that the term "subcon~-act' does not include the purchase of (1) support services not related to the subject mat~er of this Conffact, or (2) supplies. AG SERVICES 98 XI. TERMINATION This Contract may be terminated by the County without cause, in whole or in part, prior to the date specified in Section II, by providing the Agency thirty (30) days advance written notice of the termination. The County may terminate this Conlract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Agency materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection XI.B.I., the Agency shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. If expected or actual funding is withdraw, reduced, or limited in any way prior to the termination date set forth above in Section II, the County may, upon written notification to the Agency, 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 Agency shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination. 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 the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. D. The Agency may terminate this Contract upon seven (7) days written notice, should the County commit any material breach of this Contract. 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. XII. FUTURE SUPPORT The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XIII. HOLD HARMLESS AND INDEMNIFICATION In providing services under this Contract, the Agency is an independent Contractor, andneither it nor its officers, agents, or employees are employees of the County for any purpose. The Agency shall be responsible for all federal and/or state tax, industrial insurance, and Social AG SERVICES 98 5 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 responsibilities for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Agency, its employees, and/or others by reason of this Contract. The Agency shall protect, indemnify, and save harmless the County [and the State of Washington, (when any funds for this Contract are provided by the State of Washington)], their officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Agency's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Agency of work, services, materials, or supplies by Agency employees or other suppliers in connection with or support of the performance of this Contract. The Agency further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Agency, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Duration of Contract or the Termination section. The Agency shall protect, defend, indemnify, and save harmless the County, [and the State of Washington (when any funds for this Contract are provided by the State of Washington)], their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Agency, its officers, employees, and/or agents. The Agency agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Agency, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Agency. The County will protect, defend, indemnify, and save harmless the Agency, and the State of Washington (when any funds for this Contract are provided by the State of Washington) their officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, or agents. The County agrees that its obligations under this subparagraph extends to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Agency only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Agency incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. AG SERVICES 98 XIV. INSURANCE REQUIREMENTS By the date of execution of this Contract, the Agency shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Agency, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Agency or subcontractor. The Agency may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. For Ail Coverages: Each insurance policy shall be written on an "occurrence" form; except that insurance on a "claims made" form may be acceptable with prior County approval. If coverage is approved and purchased on a "claims made" basis, the Agency warrants continuation of coverage, either through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of Contract termination, and/or conversion from a "claims made" form to an "occurrence" coverage form. By requiring such minimum insurance, the County shall not be deemed or construed to have assessed the risks that may be applicable to the Agency under this Contract. The Agency shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 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. 11-8§) covering COMMERCIAL GENERAL LIABILITY). 2. Professional Liability: Professional Liability, Errors, and Omissions coverage. In the event that services delivered pursuant to this Contract either directory 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: In the event that services delivered pursuant to this Contract involve thc transportation of clients by Agency personnel in Agency-owned vehicles or non-owned vehicles, the Agency shall provide evidence of the appropriate automobile coverage. ~Insurance Services Office form number (CA 00 01 Ed. 12-90) covering BUSINESS AUTO COVERAGE, symbol I "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. AG SERVICES 98 ? 4. Workers' Compensation: Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of washington, as well as any similar coverage required for this work by applicable federal or "Other States" state law. Minimum Limits of Insurance The Agency shall maintain limits no less than, for: General Liability: $1~000,000. combined single limit per occurrence by bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a $2~000~000. aggregate limit. 2. Professional Liability, Errors, and Omissions: $1~000~000. 3. Automobile Liability: $1,000,000. combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation: Statutory requirements of the state of residency. D. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, the County. The deductible and/or self-insured retention of the policies shall not apply to the Agency's liability to the County and shall be the sole responsibility of the Agency. E. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. General Liability Policies The County, its officers, officials, employees, and agents are to be covered as additional insureds as respects liability arising out of activities performed by or on behalf of the Agency in connection with this Contract. To the extent of the Agency's negligence, the Agency's insurance coverage shall be primary insurance as respects the County, its officers, 'officials, employees, and agents. Any insurance and/or self-insurance maintained by the County, its officers, officials, employees, or agents shall not contribute with the Agency's insurance or benefit the Agency in any way. The Agency's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies AG SERVICES 98 8 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. Acceptability of Insurers Unless other~vise approved by thc County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, 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 orB+VII. Any exception must be approved by King County. If, at any time, 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 Agency shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the County, with appropriate certificates and endorsements, for approval. G. Verification of Coverage The Agency shall furnish the County with certificates of insurance and endorsements required by this Conlract. 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 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 Agency shall include all subcontractors as insureds under its policies 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. I. Municipal or State Agency Provisions If the Agency 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. XV. NONDISCRIMINATION King County Code (KCC) Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and the Agency agrees to abide by all the conditions of said Chapters. Failure by the Agency to comply with any requirements of these Chapters shall be a material breach of Contract. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or the presence of any sensory, mental, AG SERVICES 98 9 or physical handicap in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations which prohibit such discrimination. These laws include, but are not limited to, RCW KCC Chapter z~9.60 and Titles VI and VII of thc Civil Rights Act of 1964. If the Agency fails to comply with KCC Chapter 12.16, such failure shall be deemed a violation of this KCC Chapter and a material breach of this Contract. Such breach shall be grounds for cancellation, termination or suspension of this Contract in whole or in part and may result in the Agency's ineligibility for further County contracts. If the Contract is canceled after partial performance, the County's obligation will be limited to the fair market value or the Contract price, whichever is lower, for goods or services which were received and approved by the County prior to cancellation. During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice for any: 1. Employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; Employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance program, apprenticeship training program, or other occupational training program; Employer, employment agency, or labor organizati°n to print, circulate, or cause to be printed, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; 4. Employment agency to discriminate against any person with respect to any rcfc~ncc for employment or assignment to a particular job classification; Employer, employment agency or a labor organization to retaliate against any person because this person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of KCC Chapter 12.18; fide occupational.qualification; and/or 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 KCC Chapter 12.18.030C., or to ~egregate and separately desiguate advertisements as applying only to men and women unless such discrimination is reasonably necessary to the normal opcratiun of thc particular business, enterprise or employment, unless based upon a bona 7. Employer to prohibit any person fi.om speaking in a language other than English in the .workplace unless: AG SERVICES 9g [0 a. The employer can show that requiring that employees speak English at certain items 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 The Agency 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 Agency shall complete the employment profile form provided by the County and attach the completed form to this Contract. Subject to the provisions of KCC Chapter 12.16.060, the Agency's personnel inventory report shall be effective for two years after the date on which the report was submitted. The Agency entering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency 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 KCC Chapter 12.16. The Agency 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 KCC Chapter 12.16.060, the Agency's affidavit of compliance shall be effective for two years after the date on. which the report was submitted. If the Agency engages in unfair employment practices as defined above, remedies as set forth in KCC Chapter 12.18 shall be applied. The Agency will complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where applicable) provided by the County and will otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. MINORITY AND WOMEN'S BUSINESS ENTERPRISER KCC Chapter 4.18 is incorporated by reference as if fully set forth herein and the Agency agrees to abide by all the conditions of said Chapter. Failure by the Agency to comply with any requirements of this KCC Chapter shall be a material breach of contract. During the term of this Contract, the Agency shall: Comply, as to tasks and proportionate dollar amount throughout the term of this Contract, with minority/women's business enterprises (M/W'B) utilization requirements specified in the County's request for proposal and identified in this Contract. If this Contract is awarded to a firm-.or individual certified by .the State of Washington 'Office of Minority and Women's Business Enterprise and recognized by King County as a minority or women's business, the M/WB set-aside provision shall not apply provided that the certified firm shall perform at least 25% of the work of this Contract itself. AG SERVICES 98 go Request approval for any proposed substitution of M/WBs. The King County M/WBE and Contract Compliance Division will approve the substitution of a certified M/WB when; I. The M/WB cannot perform the necessary tasks; or 2. The M/WB is unwilling to perform the necessary task. Comply with the original Contract percentage use of minority business enterprises and/or women's business enterprises whenever Contract supplements, amendments or change orders are made which affect the total dollar value of this contract. Not engage in agreements between a responding party and a minority business enterprises and/or women'S business enterprise in which said minority and/or women's business enterprise promises not to provide subcontracting quotations to other responding or potential responding parties. Meet the goals of this Contract for contracting with M/WB enterprises. Any M/WB 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 MAVB (1) meeting the definition of a minority firm as now and hereinafter defined at KCC Chapter 4.18.0100d). (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 Chapter 4.1g et. seq.); and (2) performing a commercially useful function as now and hereinafter defined at KCC Chapter 4Ag.010(H). The determination of whether a M/WB bidder (proposer) or proi)osed M/WB for utilization on this euntract 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 business and % for women's businesses or a combined M/WB goal of %. If the Agency is a State certified M/WB vendor, the MAVB participation requirements for this Contract are satisfied so long as the Agency remains a State certified vendor. Should the Agency lose their certified status, the M_AVB coordinator designated by the Department must be notified by certified mail within ten (10) days of loss of certification, and M/WB goals for the contract may be set. 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 M/VfB is not actually performed by a M/WB in compliance with KCC 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 enmpensate 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. AG SERVICES 98 12 The Agency shall be liable to the County for such liquidated damages in the event the Agency or a subcontractor fails to perform a commercially useful function and/or operates as a broker, front, conduit, or pass-through, as defined in KCC Chapter 4.18. Go Maintain relevant records and information necessary to document compliance with KCC Chapter 4.18, and the Agency's utilization of M/WB in its overall public and private business activities, and shall include the right of the County to inspect such records. XVII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT XVIII. The agency has completed a Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract); and has evaluated its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ("504") and the Americans with Disabilities Act ("ADA"). The Agency has prepared a Corrective Action Plan for structural, programmatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and is incorporated herein by reference. SUBCONTRACTS AND PURCHASES The Agency will include the above Sections XV, XVI, and XVII in every subcontract or purchase order for goods or services which are the subject matter of this Contract. XIX. CONFLICT OF INTEREST KCC Chapter 3.04 is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. The Agency 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 program funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the program funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Agency shall take appropriate steps to assure compliance with this provision. If the Agency violates the provisions of Subsect on XIX.A. or does not disclose other interest required to be disclosed pursuant to KCC Chapter 3.04, the County will not be liable for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section XI. above, as well as any other right or remedy provided in this Contract or law. XX. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further ~he election or defeat of any candidate for public office _EQUIPMENT PURCHASE, MAINTENANCE, ANrD OWNERSHIP A. The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a cost of $I,000 per item or more, when the purchase of such equipment is reimbursable as a AG SERVICES 98 13 XXV. Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. B. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. The Agency will ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. The Agency will admit the County's Property Management Officer to the Agency's premises for the purpose of marking such property with County property tags. The Agency shall establish and maintain inventory records and Wansaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the chief executive officer of thc Agency and thc director/manager of the County department/division specified on page 1 of this Contract. Any time within which a party must take some action shall be computed from the date thatthe notice is received by said party. PROPRIETARY RIGHTS The parties to this Con~act hereby mutually agree that if anypatentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the Agency. The Agency agrees to and does hereby grant to the County, irrevocable, nonexelusive, and royalty-flee license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing license shall not apply to existing training materials, consulting aids, ehecldists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. CONTRACT AlVlENDlVlENTS Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY The Agency shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each document printed on recycled paper bears an imprint identifying it as recycled paper. AG SERVICES 98 14 If the cost of recycled paper is more than 15% higher than the cost of non-recycled paper, the Agency may notify the Contract Administrator, who may waive the recycled paper requirement. The Agency shall use both sides of paper sheets for copying and printing and shall use recyclect/recyclable products wherever practical at the fulfillment of this Contract. XXVI. ENTIRE CONTRACTFvVAIVER 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 &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 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 through written approval by the County, which shall be attached to the original Contract. XXVII. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.96A, 71.05, 7lA.10, 71A.14, 71A. 18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, roles and regulations promulgated thereunder; the Basic Interagency Contract betwee~ the Department of Social and Health Services and King County, as amended, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. KING COUNTY: Date Signa re Name (Please type or print) Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 24, 1997 Title (Please type or print) Date t ~ Auburn City Attorney AG SERVICES 98 15 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 Arts Commission. Partial support for the Auburn Arts Commission granting program and free student tickets to the BRAVO! series at the Auburn Performing Arts Center. Amount: $6,625 For artist fees and program expenses. Payable upon completion, submittal of invoice and documentation regarding: · Final budget, actual Completion of evaluation form · Final report of program activities · Programs, brochures, flyers if available PUBLIC BENEFIT Operating and program support to arts organizations serving Aubum and Greater King County residents. Free tickets to students for the BRAVO! performance series. PUBLICITY/PROMOTION POLICY Prominent acknowledgment of the King County 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 Final payment will not be made until acknowledgment is submitted on printed material King Coun .w Office of Cultural Resources Landmarks and Heritage Commission Public Art Commission 506 Second Avenue. Room 1115 (206) 296-7580 (206) 296-8629 FAX (206) 296-7580 V/'FDD June 2, 1998 RECEIVED JUN 0 8 1998 MAA/SE OFFICE TO: Brad Duerr, Director, Department of Finance FM: Leonard Garfield, Manager, Office of Cultural Resources ~'~ RE: Waiver from Standard Procurement Procedures and MWB Requirements The Office of Cultural Resources requests a waiver from standard procurement procedures and MWB requirements for a contract with the following organizations which have been allocated funding in the Sustained Support Program to provide artistic services. These are non-profit organizations and sole source providers of these services. Should an organization contract with a for-profit contractor, requirements of K.C.C.4.18 will be met, and a "M/WBE: Availability Analysis .Worksheet" will be submitted. [Please see Attachment A] Please contact Charlie Rathbun, Arts Program Coordinator, at 296-8675 for additional information concerning this request. Certification: I hereby certify that the facts and statements concerning this request for a waiver from M/WBE requirements are accurate to the best of my knowledge. Approve/Disapprove ]~ager,dCl~B. ?. & -Contract (~9(npli~nce Divis~ ' - DireCtor, Department of Finance Date Date Date Washington Cities Insurance ~e-~ 1.-----~~,....A Authority 11-Dec-98 Cert#: 1452 King County Cultural Resources ATTN: Charlie Rathburn 1115 Smith Tower, 506 2nd Ave Seattle,WA 98104 RE: City of Auburn AS RESPECTS, ARTS COMMISSION GRANT CONTRACT. Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self insured pool of over 86 municipal corporations in the State of Washington. WCIA has at least $1 million per occurrence combined single limit of liability coverage in its self insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. WCIA is an Interlocal Agreement among municipalities and liability is completely self funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an "additional insured'. Sincerely, Eric B. Larson Assistant Director CC Diane Supler Dani Daskam RO. Box 1165, Renton, WA 98057 (425) 277-7237 Fax 277-7242