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
?
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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