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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
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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
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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
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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