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HomeMy WebLinkAbout5325ORDINANCE NO. 5325 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. D28103D. 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 35A.33 RCW; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby approves the expenditure and appropriation of King County grant funds in the amount of Six Thousand Six Hundred Twenty-Five and 00/100 Dollars, ($6,625.00), pursuant to Contract No. D28103D, between King County and the City of Auburn. Section 2. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute Contract No. D28103D, which is attached hereto and designated Exhibit A and which is incorporated herein by this reference, between King County and the City of Auburn which will provide grand funding to the City of Auburn Arts Commission in accordance with the application submitted by the Auburn Arts Commission. ..................................................................................... Ordinance No. 5325 December 6, 1999 Page 1 of 3 Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as provided by law. INTRODUCED: December 20, 1999 PASSED: December 20, 1999 APPROVED: December 20, 1999 C"66 A-?ftz CHARLES A. BOOTH MAYOR ..................................................................................... Ordinance No. 5325 December 6, 1999 Page 2 of 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney Published E'z yb? V' Z A ? ..................................................................................... Ordinance No. 5325 December 6, 1999 Page 3 of 3 t King County Contract No. D28103D Federal Taxpayer ID No. Department/Division Deputy County Executive / Cultural Resources Agency Auburn Arts Commission Project Title Granting Program Contract Amount $6,625. Contract Period From: 1/1/99 Fund Code CX- Sustained Support To 1/31/2000 KING COUNTY AGENCY SERVICES CONTRACT - 1999 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Arts Commission , whose address is 25 West Main, Auburn WA 98001 , (the "Agency"). WHEREAS, the County has been advised that the following are the current funding sources, funding levels and effective dates: FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $6,625. 1/1/99 to 1/31/2000 FEDERAL Federal Catalogue No. to STATE to to TOTAL $6,625. 1/1/99 to 1/31/2000 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No. 13340. 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 "A", Ordinance No. 5325 AG SERVICES 99 V. INTERNAL CONTROL AND ACCOUNTING 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 financial reporting standards. VI. MAINTENANCE OF RECORDS A. 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. B. 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 (RCW) Chapter 40.14. C. 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. VII. AUDITS A. 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. B. If the Agency is a municipal corporation, it shall submit to the County a copy of its annual report of examination/audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection VILA. VIII. 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 case 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 99 3 XI. TERMINATION A. 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. B. The County may terminate this Contract, 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.l., 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. C. 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. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. 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 A. In providing services under this Contract, the Agency is an independent Contractor, and neither 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 99 XIV. INSURANCE REQUIREMENTS A. 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 All 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. 11-88) 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 the 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 1 "any auto"; or the appropriate coverage provided by symbols 2, 7, 8, or 9. AG SERVICES 99 7 2. All Policies 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 otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than ANIII, or, if not rated with Bests, with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors, and Omissions insurance may be placed with insurers with a Bests' rating of B+VII. Any 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 Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County 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. 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 A. King County Code Chapters 12.16 and 12.18 are incorporated by reference as if fully set forth herein and such requirements apply to this Contract; provided however, that no specific levels of utilization of minority and women in the workforce of the Agency shall be required, and the Agency is not required to grant any preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment practices; and provided further that, AG SERVICES 99 a. The employer can show that requiring that employees speak English at certain times is justified by business necessity, and b. The employer informs employees of the requirement and the consequences of violating the rule. D. Re ortin 1. 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 report providing employment data for minorities, females, and persons with disabilities. 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. 2. The Agency entering into a contract with King County valued at more than $25,000, contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an affidavit of compliance in the form provided by the County, demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in accordance with paragraph A of this Section XV. 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 cooperated fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. XVI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES A. In accordance with the provisions of Washington Initiative 200, no County Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum level of M/WBE subcontractor participation or purchase from M/WBE certified vendors is required and no preference will be given by the County to a bidder or proposer for their M/WBE utilization or M/WBE status. The completion of County M/WBE forms which may be included in the contract documents is not required. Provided, however, that any affirmative action requirements set forth in any federal regulations or statutes included or referenced in the Contract documents will continue to apply. AG SERVICES 99 XVII. SECTION 504 AND AMERICANS WITH DISABILITIES ACT 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. XVIII. 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. A. 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. B. If the Agency violates the provisions of Subsection 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 the election or defeat of any candidate for public office. XXL EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. The Agency agrees that any equipment purchases, in whole or in part, with Contract funds at a cost of $1,000 per item or more, when the purchase of such equipment is reimbursable as a 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. AG SERVICES 99 13 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 recycled/recyclable products wherever practical at the fulfillment of this Contract. XXVI. ENTIRE CONTRACT/WAIVER OF DEFAULT The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver 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, 71A.10, 71A.14, 71A.18, 71.20, 71.24, and 71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder; the Basic Interagency Contract between 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: FOR King County Executive Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY December 11, 1998 s Lazo Signature Charles A. Booth Name (Please type or print) Mayor Title (Please type or print) December 20, 1999 Date AG SERVICES 99 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 Granting Program a re-granting program providing financial assistance to non-profit organizations in the City of Auburn and free tickets to students for the Auburn Arts Commission's Bravo series. 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 Free tickets provided to students for the Auburn Arts Commission's 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: King County Arts Commission Final payment will not be made until acknowledgment is submitted on printed material