Loading...
HomeMy WebLinkAbout5737ORDINANCE NO. 5 7 3 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONTRACT WITH KING COUNTY DEPARTMENT OF NATURAL RESOURCES AND PARKS TO ACCEPT FIFTY THOUSAND AND N0/100 DOLLARS ($50,000) IN GRANT FUNDS TO DESIGN, DEVELOP AND MAINTAIN A YOUTH BASEBALL/SOFTBALL FIELD AT THE EXISTING GSA BALLFIELD COMPLEX. 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 hereby approves the expenditure and appropriation of a total amount of FIFTY THOUSAND and NO/100 DOLLARS ($50,000), which constitutes a grant pursuant to the Contract No. D32899D between the City of Auburn and King County Department of Natural Resources and Parks. Section 2. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute the contract with King Courty Department of Natural Resources and Parks, to provide grant funding from January 1, 2003 to December 31, 2004, to the City of Auburn for use by the City to design and develop a youth baseball/softball size field at GSA Park. A copy of said Contract is attached hereto and designated Exhibit "A" and is incorporated by reference in this Ordinance. 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. Ordinance No. 5737 January 30, 2003 Page 1 of 2 INTRODUCED: PASSED: APPROVED: FEB 1 8 2003 FEB 1 8 2003 FEB I $ 2003 PET ~ER B~. LEWIS, M~ ATTEST: ,' . ',/ . i /, ~ Da'-~l_le E. Daskam, City Clerk City Attorney Published: Ordinance No. 5737 January 30, 2003 Page 2 of 2 Ordinance 5737 Exhibit A King County Contract No. Federal Taxpayer ID No. D32899D Department/Division ~ Natural Resources and Parks / Parks Division Agency Auburn Parks & Recreation Project Title GSA Ballfield, Phase II Contract Amount $ 50,000 Contract Period From: 01/01/03 Fund Code 1638 To 12/31/04 KING COUNTY AGENCY SERVICES CONTRACT - 2003 THIS CONTRACT is entered into by KING COUNTY (the "County"), and Auburn Parks & Recreation, whose address is 25 West Main Street, 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 50,000 1/1/03 to 12/31/04 to FEDERAL Federal Catalogue No. STATE to TOTAL 50,000 1/1/03 to 12/31/04 and WHEREAS, the County desires to have certain services performed by the Agency as described in this Contract, and as authorized by Ordinance No..14517. This form is available in alternate formats for people with disabilities upon request. Ordinance 5737 Page 1 of 18 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: SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits, which are incorporated herein by reference: [] Scope of Services Attached hereto as Exhibit I [] Project Budget Attached hereto as Exhibit II [] Timeline Attached hereto as Exhibit Ill [] Invoice Voucher Attached hereto as Exhibit IV [] Certificate of Insurance Attached hereto as Exhibit V [] W-9 Attached hereto as Exhibit VI [] Use Agreement Attached hereto as Exhibit VII [] Consultant Disclosure Form Attached hereto as Exhibit VIII I1. DURATION OF CONTRACT This Contract shall commence on the 1st day of January, 2003, and shall terminate on the 31 st day of December, 2004, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. III. COMPENSATION AND METHOD OF PAYMENT Ao The County shall reimburse the agency for satisfactory completion of the services and requirements specified in this Contract, payable in the following manner: The Agency shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 15 working days after the close of each indicated reporting period. The County will i-~itiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 4--5 days after a complete and accurate invoice is received. Co The Agency shall submit its final invoice and all outstanding reports within 15days 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 will 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 an 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 Ordinance 5737 Page 2 of 18 Page 2 of 18 VI. VII. the nature and purpose of the amendment must accompany each request for an amendment. 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. 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 (RCW) 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 Circular 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 its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its 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 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 VI I.A. Additional audit or review requirements which may be imposed on the County will be passed on to the Agency and the Agency will be required to comply with any such requirements. VIII. EVALUATIONS AND INSPECTIONS 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 Ordinance 5737 Page 3 of 18 Page 3 of 18 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. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this Contracts and six.(6) years after termination hereof, unless a longer retention period is required by law. The Agency agrees to cooperate with the County or its agent in the evaluation of the Agency's performance under this Contract 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 Chapter 42.17. IX. CORRECTIVE 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 (10) 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; B. 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 corrective action plan shall be at the sole discretion of the County C. 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 XI.B.; D. 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 E. 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. Ordinance 5737 Page 4 of 18 ASSIGNMENT/SUBCONTRACTING A. 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 Page 4 of 18 Xl. the County. Said consent must be sought in writing by the Agency not less than fifteen (15) days prior to the date of any proposed 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 "subcontract" does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. 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 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. (1), the Agency shall be liable for damages, including any additional costs of procurementof 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 County expected or actual funding is withdrawn, 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 or obligation 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. 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. Ordinance 5737 Page 5 of 18 Page 5 of 18 Xll. 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. XlII. HOLD HARMLESS AND INDEMNIFICATION 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 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 of local law. The County assumes no responsibility 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, its 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, its 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, in its performance and/or non-performance of its obligations under this Contract. 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. Ordinance 5737 Page 6 of 18 The County will protect, defend, indemnify, and save harmless the Agency, its 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 sole 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, Page 6 of 18 XlV. and/or cause of action brought by, or on behalf of, any of itsemployees 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. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. 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. The Agency is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Agency, its agents, employees, officers, and or subcontractors, to comply with the insurance requirements stated herein shall constitute a material breach 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 (3) 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. Nothing contained within these insurance requirements shall be deemed to limit the scope, application and/or limits of the coverage afforded by said policies, which coverage will apply to each insured to the full extent provided by the terms and conditions of the policy(s). Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. Ordinance 5737 Page 7 of 18 Page 7 of 18 Ordinance 5737 Page 8 of 18 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 directly 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 or those services that require a professional standards of care. 3. Automobile Liability: In the event that services delivered pursuant to this Contract require the use of a vehicle or 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. 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. 5. Stop Gap/Employers Liability Coverage shall be at least as broad as the protection provided by the Workers' Compensation policy Part 2 (Employers Liability) or, in states with monopolistic state funds, the protection provided by the "Stop Gap" endorsement to the general liability policy. C. 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 per claim and in the aggregate. Page 8 of 18 Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Except if the transport of clients by Agency personnel is involved, then Risk Management will review the appropriate amount of coverage. 4. Workers' Compensation: Statutory requirements of the state of residency. 5. Stop Gap/Employers Liability: $1,000,000 D. Deductibles and Self-Insured Retentions Eo Ordinance 5737 Page 9 of 18 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. Other Insurance Provisions The insurance policies required in this Contract are to contain, or be endorsed to contain, the following provisions: 1. Liability Policies Except Professional and Workers Compensation a° 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. b° 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 offices, 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 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. Acceptability of Insurers Unless otherwise approved by the 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 of B+VII. Any exception must be approved by King County. Page 9 of 18 XV. Ordinance 5737 Page 10 of 18 If, at any time, the foregoing policies shall fail to meet the above minimum requirements 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 certificates of insurance and endorsements required by this Contract. Such certificates and endorsements, and renewals thereof, shall be attached as exhibits to the 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 from 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. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment Provision of Services During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the employment or application for employment or in the administration or delivery of services or any other benefits under this Contract. Nondiscrimination in Subcontracting Practices During the solicitation, award and term of this Contract, the Agency shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of Supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. Page 10 of 18 Ordinance 5737 Page 11 of 18 C. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. The Agency shall further comply fully with any affirmative action requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. D. Small Business and Minority and Women Business Enterprise Opportunities King County encourages the Agency to utilize small businesses, including Minority- owned and Women-owned Business Enterprises ("M/WBEs") in County contracts. The County encourages the Agency to use the following voluntary practices to promote open competitive opportunities for small businesses, including M/WBEs: Attending a pre-bid or pre-solicitation conference, if scheduled by the County, to provide project information and to inform small businesses and other firms of contracting and subcontracting opportunities. Placing all qualified small businesses, attempting to do business in King County, including M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to these firms capable of performing the work, including without limitation all businesses on any list provided by the County, in sufficient time to allow such businesses to respond to the written solicitations. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by small businesses, including M/WBEs. 4. Establishing delivery schedules, where the requirements of this Contract permit, that encourage participation by small businesses, including MNVBEs. Providing small businesses, including M/WBEs that express interest with adequate and timely information about plans, specifications, and requirements of the Contract. Using the services of available community organizations, contractor groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including M/WBEs. The Washington State Office of Minority and Women's Business Enterprises (OMWBE) can provide a list of certified M/WBEs. Contact OMWBE office at (360) 753-9693 or on-line through the web site at www.wsdot.wa.gov/omwbe/. Equal Employment Opportunity The Agency shall implement and carry out the obligations in its Affidavit and Certificate of Compliance regarding equal employment opportunity, and all other requirements as set forth in the Affidavit and Certificate of Compliance. Page 11 of 18 F. Fair Employment Practices King County Code Chapter 12.18 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. 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: 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; Employers, employment agency, or labor organization 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 reference for employment or assignment to a particular job classification; Employer, employment agency or a labor organization to retaliate against any person because that 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; 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 12.18.030.C., or to segregate and separately designate advertisements as applying only to men or women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; 7. Employer to prohibit any person from speaking in a language other than English in the workplace unless: 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. G. Record-Keeping Requirements and Site Visits Ordinance 5737 Page 12 of 18 The Agency shall maintain, for at least six (6) years after completion of all work under this Contract, the following: Page 12 of 18 Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and Records, including written quotes, bids, estimates or proposals submitted to the Agency by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit, at any time, the site of the work and the Agency's office to review the foregoing records. The Agency shall provide every assistance requested by the County during such visits. In all other respects, the Agency shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Agency shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. H. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law. I. Reporting The Agency entering into a contract or agreement with King County valued at $25,.000 or more shall submit with this Contract a total Personnel Inventory Report providing employment data for minorities, females, and persons with disabilities. 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 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. Ordinance 5737 Page 13 of 18 The Agency shall complete all reports and forms (including Department of Social and Health Services non-discrimination forms, where applicable) Page 13 of 18 XVI. XVlI. XVlII. provided by the County and shall otherwise cooperate fully with the County in monitoring and assisting the Agency in providing nondiscriminatory programs. SECTION 504 AND AMERICANS WITH DISABILITIES ACT Ordinance 5737 Page 14 of 18 The Agency shall complete a 504/ADA Self-Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate 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 of 1990 ("ADA"). The Agency shall complete a 504/ADA Assurance of Compliance, and corrective action plan as needed 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 incorporated herein by reference. SUBCONTRACTS AND PURCHASES The Agency shall include the above Sections IV, V, VI, VII, Xll, XIII, XIV, XV, and XVI, in every subcontract or purchase agreement for services which relate to the subject matter of this Contract. The Agency agrees to include the following language verbatim in every subcontract, provider agreement, or purchase agreement for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its 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 act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." 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 Subsection XVIII. 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 material 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. Page 14 of 18 XlX. 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 electionor defeat of any candidate for public office. XX. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP The Agency agrees that any equipment purchased, in whole or in part, with Contract funds at .a cost of $1,000 per item or more, when the purchase of such equipmentis reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Agency shall be responsible for all such property, including the proper care and maintenance of the equipment. The Agency shall 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 shall admit County staff 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 transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment purchased with Contract funds. XXl. NOTICES Whenever this Contract provides for notice to be provided by one (1) party to another, such notice shall be: A. In writing; and Directed to the chief executive office of the Agency and the director of the County department specified on page one (1) of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXll. PROPRIETARY RIGHTS The parties to this Contract hereby mutually agree that if any patentable 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 County. The County agrees to and does hereby grant to the Agency, irrevocable, nonexclusive, and royalty-free 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 products license shall 'not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Agency which are modified for use in the performance of this Contract. Ordinance 5737 Page 15 of 18 Page 15 of 18 XXIII. XXlV. XXV. XXVl. The foregoing'provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents ofthe Agency that are not modified for use in the performance of this Contract. CONTRACT AMENDMENTS 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 POLCY 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. If the cost of recycled paper is more than 15% higher than the cost of non~ecycled 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 in the fulfillment of this Contract. ENTIRE CONTRACT/VVAIVER 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 or 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. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION XXVlI. Ordinance 5737 Page 16 of 18 The Agency and any subcontractor agree, when applicable, to abide by the terms of Chapters 26.44, 69.54, 70.02, 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 have control over the language contained in the exhibit or the attachment, unless the parties affi'matively agree in writing to the contrary. CONFIDENTIALITY The Agency agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. Page 16 of 18 XXVlII. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY ACCOUNTABILITY ACT OF 1996 Terms used in this section shall have the same meaning as those terms in the Privacy Rule, 45 CFR Parts 160 and 164. A. Obligations and Activities of the Agency 1. The Agency agrees not to use or disclose protected health information other than as permitted or required by law. 2. The, Agency agrees to use appropriate safeguards to prevent use or disclosure of protected health information other than as provided for in this Contract. The Agency agrees to mitigate, to the extent practicable, any harmful effect that is known to the Agency of a use or disclosure of protect health information by the Agency in violation of the requirements of this Contract. 4. The Agency agrees to report to King County any use or disclosure of protected health information not provided for by this Contract of which it becomes aware. The Agency agrees to ensure that any agent, including a subcontractor, to whom it provides protected health information received from, or created or received by the Agency on behalf of King County, agrees to the same restrictions and conditions that apply through this Contract to the Agency with respect to such information. 6. The Agency agrees to make available protected health information in accordance with 45 CFR § 164.524. The Agency agrees to make available protected health information for amendment and incorporate any amendments to protected health information in accordance with 45 CFR § 164-526. The Agency agrees to make internal practices, books, and records, including policies and procedures and protected health information, relating to the use and disclosure of protected health information received from, or created or received by the Agency on behalf of King County, available to the Secretary, in a reasonable time and manner for purposes of the Secretary determining King County's compliance with the privacy rule. The Agency agrees to make available the information required to provide an accounting of disclosures in accordance with 45 CFR 164 § 528. B. Permitted Uses and Disclosures by Business Associate The Agency may use or disclose protected health information to perform functions, activities, or services for, or on behalf of, King County as specified in this Contract, provided that such use or disclosure would not violate the Privacy Rule if done by King County or the minimum necessary policies and procedures of King County. Ordinance 5737 Page 17 of 18 Page 17 of 18 C. Effect of Termination Except as provided in paragraph C.2. of this section, upon terminationof this Contract, for any reason, the Agency shall return or destroy all protected health information received from King County, or created or received by the Agency on behalf of King County. This provision shall apply to protected health information that is in the possession of subcontractors or agents of the Agency. The Agency shall retain no copies of the protected health information. In the event the Agency determines that returning or destroying the protected health information is infeasible, the Agency shall provide to King County notification of the conditions that make return or destruction infeasible. Upon notification that return or destruction of protected health information is infeasible, the Agency shall extend the protections of the Contract to such protected health information and limit further uses and disclosure of such protected health information to those purposes that make the return or destruction infeasible, for so long as the Agency maintains such protected health information. KING COUNTY Kih'g Courf~.)Executive Date FOR AGEN~~BURN Signature '-"'"----"--- Peter B. Lewis, Mayor NAME (Please type or print) Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 25, 2002 Date 02/19/03 Ordinance 5737 Page 18 of 18 Page 18 of 18 Page 2 of 14 7. Co-Applicant Community Organization Name and Address: Auburn Little League 1610 35th Street S.E. Auburn, WA 98002 Authorized Signature of Co-Applicant Community Organization Signature Ron Rivers, Auburn Little League President Contact Person: RonRivers (253) 859-3882 8. Persons to Whom King County should send the Notice of Recommendation, Notice of Award and contracting instructions: Daryl Faber, Director Individual Auburn Parks and Recreation Public Entity or Youth Sports Organization 25 West Main Street Auburn, WA 98001 (253) 931-3043 Address City/State/Zip/ Phone 9. Project Description Describe the Youth Sports Facility Grant Project for which funding is requested. Provide a thorough Scope of Services detailing how the funds will be used and how they relate to a master plan if the funds do not complete the project: MASTER PLAN Phase Two (Scope of Proposal for YSFG Funding) The GSA Ballfield Park Development (Phase Two) calls for the renovation of a Youth Baseball/Softball field at the west end of an existing 6.6 acre Community Park. This park currently has one Youth Baseball/Softball size field under Phase One development. The Phase Two plan calls for one renovated sports field, complete with new topsoil, infield mix, red cinder for warning track, drainage, underground scoreboard wiring, 200 foot fences, backstops and bleachers and irrigation. Funds will be used for purchasing all relevant materials, including topsoil, fencing, bleach- ers, concrete for dugouts, footings, scoretable, arborvitae shrubbery, asphalt and design work. Phase Three (Not included in current YSFG Proposal) Development: construction of permanent restroom facility, concession stand, play area and equipment, Northeast parking lot, scoreboards and lighting. 9d W~S:O~ £00~ £~ 'd~s S00~ ~£6 £S~: 'ON X~ NOII~B~3B~ ~ s~d N~n~n~: wo~ id NU~S:OT £00~ £~ 'd~S S00~ T£6 £S~: 'ON XU~ NOI±US~DB~ ~ S~Ud N~Q~U: WO~ 8~ WW~S:O~ £00C £~ '~S S00P ~£6 £S~: 'ON XW~ NOI±~B~DB~ ~ SM~ N~8~: WO~ FROM :AUBURN PARKS ~ RECREATION FAX NO, :253 931 4005 Sep. 23 2003 10:53AM PlO ......... :" ~ Page 11 of l.~ 16. Schedule by Task. .List milestones f. or the project in chrono]ogica! order, ~nd e~tcr a pro~cctcd completion date for cacb ~]cstonc. For cxampIc, for cons~ction you wo~d have all of the ~o]]owi~: de~i~ bc~n; design . comp]crc, bid specs complc~cd; bid opening; noti~ of awed; prccons~ction conference; no~ce to proceed; cons~c~ion ~0% co~]ctc; cons~ct~on comp]crc; final accep~ncc; release rcta~nagc. Desi~ Be~n C~t Notice of Award J~u~ 2003 Desi~ Complete Janua~ 2003 Pre Cons~cl~on Conf~ence Janu~ 2003 Notice to ~oceed Jan~ 2003 Bid Specs. Ap~l 2~3 Bid O~g May 2003 50% Complete S~tcmb~r 2003 100% Complete M~ch 2004 Final Acc~nce April 2004 Release Re~inage April 2~4 Tas~ ~ear One): Quarter 1 Quarter 2 Quarter 3 Quarter 4 ~ ~an. - Ma~h ~ ~ Oct. - Dec. Desi~ Be~ Cmtent 2001 ~ Desi~ Complete ~ X ~c Comtmction Confcrcncc .,, X - Noticc to Proceed X x ~lete X ~ X T~s~ ~ear ~o): Quarter 1 Quarter 2 Quarter 3 Quarter 4 ~an. - March April - 8uae ~u'ly - Sept. Oct. - Dec. 100% Complete X Fin~ A~cpt~ce X ~Rcl~e Rct~nag~ ,. X Exhibit V Certificate of Insurance Please return a Certificate of Insurance naming King County as additional insured. See Section XIV of the Contract for additional information regarding insurance requirements. IWA Insurance Authority P.O. Box 1165 29-Sep-03 King County Dept. of Natural Resources Attn: Butch Lovelace 201 S. Jackson, Suite 700 Seattle,WA 98104 Cert#: 3321 Renton, WA 98057 Phone: 425-277-7237 Fax: 425-277-7242 RE: City of Auburn A Grant to redevelop baseball fields. 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 109 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: Brenda Heineman Brian Petty, Auburn Parks Dept. cletter (Rev. September 1991) Depa~ of the Treasu~/ Request for Taxpayer Identification Number and Certification Give this form to the requester, Do NOT send to IRS. Name (l!)oint ~ames, list fl, rst an~d circl~e the'name of the person or entity whose number you enter in Part I below. See instructions on page 2 if your name has changed.) on a 2" ne~s , [~o prqpri :~rs~seelrJS p ge .) Address (humidor and stre~et) a . ,,~:! Ust account number(s) here (optional) o 7: City, e, ZIP code ' J'.~J~JJ Taxpayer Identification Numbe~ (TIN) J'.~J"JJJJ Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). For sole proprietors, see the instructions on page 2. For other entities, it is your employer identification number (EiN). If you do not have a number, see How To Obtain a TIN, below. Note: If the account is in mom than one name, see the chart on page 2 for guidelines on whose number to enter. Certification.--Under penalties of perjury, I certify that: For Payees Exempt From Backup Vtrrthholding (See j S°~al TT number I Jr I I I J instructions on page 2) OR Requester's name and address (optional) JEmployer identification number (1) The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and (2) I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instmctionm--You must cross out item (2) above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item (2} does not apply. For mortgage intem~'t paid, the acquisition or abandonment of secured property, contributions to an individual retirement arrangement (IRA), and generally payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (Also see Signing the Certification on page 2.) Please Sign- . , (Secffon references am to the/n-terna/Re~ve-~/ Code.) Purpoee of Form.--A person who is required to file an information return with the IRS must obtain your correct TIN to report income paid to you, real estate transactions, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. Use Form W-9 to furnish your correct TIN to the requester (the person asking you to furnish your TIN) and, ,when applicable, (1) to · certify that the TIN you am furnishing is correct (or that you am waiting for a number to be issued), (2) to certify that you am not subject to backup withholding, and (3) to claim, exemption from backup withholding if you am an exempt payee. Furnishing your correct TIN and making the appropriate certifications will prevent certain payments from being subject to backup Note.' ff a requester g/vas you a form other than a w-g to request your TIN, you must use the requesters form. How To Obtain a TIN.--If you do not have a TIN, apply for one immediately. To apply, get Form SS-S, Application for a Social Security Number Card (for incrwiduals), from your local office of the Social Security Administration, or Form SS-4, Application for Employer Identification Number (for businesses and all other entities), from your local IRS office. To complete Form w-g if you do not have a TIN, write 'Applied for' in the space for the TIN in Part I, sign and date the form, and give it to the requester. Generally, you will then have 60 days to obtain a TIN and fumish it to the requester. If the requester does not receive your royalties, nonemployee compensation, and TIN within 60 days, backup withholding, if applicable, will begin and continue until you fumtsh your TIN to the requester. For reportable interest or dividend payments, the payer must exercise one of the following options concerning backup withholding during this 60-day period. Under option (1), a payer must backup withhold on any withdrawals you make from your account after 7 business days after the reque~t~ er receives this form back from you. Under option (2), the payer must backup withhold on any reportable interest or dividend payments made to your account, regardless of whether you make option {2) must begin no later than 7 business days after the requester receives this form back. Under option (2), the payer is required to refund the amounts withheld if your certified TIN is received within the 60-day period and you were not subject to backup withholding during that Note~ Writing 'Applied for' on the form means that you have already applied for a 7~N OR that you intewd to apply for one in the near future. As soon as you receive your TIN, complete another Form W-9, include your TIN, sign and date the form, and give .it to the requester. What Is Backup Withholding?.--Persons making certain payments to yOu am required to withhold and pay to the IRS 20% of such payments under certain conditions. This is called "backup withholding.' Payments that could be subject to backup withholding include interest, dividends, certain payments from fishing boat operators, but do not include real estate transactions. If you give the requester your correct TIN, make the appropriate certifications, and report all your taxable interest and dividends on your tax r_~m, your payments will not be subject to backup withholding. Payments you receive wB be subject to backup withholding if:. 1. You do not fumish your TIN to the 2. The IRS notifies the requester that you furnished an incorrect TIN, or 3. You am notified by the IRS that you am subject to backup withholding because you failed to report all your interest and dividends on your tax return (for reportable interest and dividends only), or 4. You fall to certify to the requester that you am not subject to backup withholding under (3) above (for reportable interest and dividend accounts opened after 1983 only), or 5. You fail to certify your TIN. This applies only to reportable interest, dividend, broker, or barter exchange accounts opened after 1983, or broker accounts considered inactive in 1983. Except as explained in (5) above, other reportable payments am subject to backup withholding only if (1) or (2) above applies. Certain payees and payments am exempt from backup withholding and information reporting. See Payees and Payments Exempt From Cat. No. 10231X Form W-9 (Rev. 9-gl) Joint Use Agreement City of Auburn and Auburn Little League This Agreement.sl entered into between the City of Auburn ("City") and AUBURN LITTLE LEAGUE ("League") for the purpose of describing the terms and conditions under which the City and League shall make joint use of the below described .property, owned bY thc City, commonly knows as GSA BallField located at 1200 C Street SW, Auburn, Washington. 1. Legal Description: Parcel ~242104-9075 Boundary: Auburn, King County QSTR: NE-24-21-04 Grid: 0908 .The term of this Agreement shall be ten (10) years from the date of execution. Either patty may terminate this Agreement by giving written notice to thc other at least one hundred eighty (180) days prior to the intended effective date of 'termination, This Agreement may be renewed and/or extended beyond the date of termination if agreed upon by both the City and the League. The League shall contribute not less than fourteen thousand flu'ce hundred and twenty- five'dollars to the City for construction of the Field, which contribution shall be paid to the Ci:ty not later than the 1 st day of July, 2003. In the event of termination of this agreement by the City within the Agreement term after the contribution described above has been paid to the City by the League, the City shall reimburse League in. the amount of one hundred nineteen dollars and 38/100 ($119.38) per month for each month of the of the initial term of this Agreement remaining upon such termination to compensate the League for the contributions made by League fo~ construction of the Field by the City. The City may complete at its own costs and expense any capital, improvements deemed necessary by the City. Nothing shall preclude League from contributing additional funds to the City for development and improvements of the Field, provided that the League will not make any improvements to the Field without review and written approval, of the City. League shall be entitled to use the Field for league practices, games and tournaments only, or as otherwise agreed to in writing. The League may authorize those individuals registered with the League to use the Field for purposes authorized by' this Agreement. Use of the Field at the below identified times shall be without charge by the City. Use of the field by the City and League is expressly intended for use by youth ages 12 and m~der. Resolution 3624 Exhibit A - Joint Use Agreemont July 9, 2003 Page 1 FROM :AUBURN PARKS & RECREATION FAX NO. :253 931 4005 Sep. 23 2003 10:51AM P3 10. 11. On or before February 1 of each year during the term of the Agreement, the League shall submit to the City its request for dates and times for use of the Field. For scheduling purposes, the following general calendar is agreed upon: March 1 ~ March 31 April 1 - June 30 April 1 - June 30 April 1- June 30 July 1 - August 31 September 1 -September 30 October l - February 28 Sunday-Saturday Saturday-Sunday Two (2) Weekdays Three (3) Weekdays Sunday - Saturday Sunday- Saturday Sunday-Saturday Aubum Little League Auburn Little League Auburn. Little League City of Au.bum City of Auburn Auburn Little League Field Closed During the term of this Agreement, the City shall have the right of entry to the Field for thc purpose of development and maintenance on the Field. To the extent possible, the work upon the Field shall be performed in such a manner as to reduce interruptions and interference with scheduled League operations. The City shall provide the League with a schedule for performance of onsite work to be performed by the City, and shall update the schedule as necessary. Turf areaS, irrigation, fencing and all other Field amenities shall be maintained by thc City at a level which is consistent with other City owned athletic facilities. The City, or its designee, shall be entitled to use motorized vehicles to provide field maintenance, including field preparation, striping, fertilization, and other services performed by the City. No other parties, including the League shall be authorized to use motorized vehicles to provide field maintenance, other than with the express prior written consent of the Ci.ty. The League shall be authorized to perform certain tasks of field maintenance by non-motorized means including field preparation. Thc City and League agrcc to exercise best efforts to develop such additional joint operation and maintenance agreements as is needed and as evolving circumstances may dictate, and in that regard, the parties agree to meet and confer as to maintenance and operations, by meetings between the City Park and Recreation Director, or designee and the President of Auburn Little League, or designee, on at least a semi-annual basis, either party being entitled to call such a meeting. 12. The League agrees to hold the City harmless and indemnify and defend the City against any and all claims or liability for injury or damage to any person or property and costs incidental thereto to the extent permitted by law for any liability stemming from the negligence of the League in the use and occupancy of thc Field for League sponsored or controlled activities to the extent such damage is not attributable in whole or part to some act or omission of the City. Thc City agrees to hold the League harmless and indemnify and defend the League against any and all claims or Ii.ability for injury or damage to any person or property and costs incidental thereto to the extent caused by the negligencc of the City iri the use mad occupancy of the Field for City sponsored or controlled activities to the extent such damage is not attributable in whole or part to some act or omission of thc League. Resolution 3624 Exhibit A - loint l.l~c Agreement July 9, 2003 Page 2 of 4 FROM :-AUBURN PARKS g RECREATION FAX NO. :253 9~1 4005 Sep. 23 2003 10:51AM P4 ]¸3, ].4. 15. 16. The League shall furnish to the City a Policy of Liability Insurance for at least $1,000,OO0 naming the City as additionally insured on an annual basis, insuring the parties for liability arising out of the use or operation of the ballfields provided for herein. The City and League agree that this Agreement sets forth completely the terms of the agreement and understanding, that this Agreement supersedes any aH prior agreements or understandings, both oral and written, and that this Agreement cannot be modified without llae express written consent of the City and the League. No real property interest in the Field is conveyed or conferred to the League by this Agreement, it being specifically understood by the City and the League that this Agreement does not create nor vest any interest in or title to the Field in. the League. The City and League have taken action, independent of this Agreement, to budget and to provide the fmanchlg necessary to perform their respective, obligations under this Agreement. This Agreement and all questions regarding the capacity of the City and League, execution, validity (or invalidity), and performance of this Agreement, shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. EXECUTED this..~_/~-g'-~day of (~ // , ,2003. AUBURN LITTLE LEAGUE CH~i, RLIE F~TON PRESIDENT ~I~R B. LE~S MAYOR Date ATTEST: Resolution 3624 Exhibit A - Joint Use Agrccmcnt July 9, 2003 Page 3 of 4 FROM :~UBURN PARKS & RECREATION FA× NO. :253 931 4005 Sep, 23 2003 'Da~el. le E. Dask, am City Clerk Resoltltion 3624 Exhibit A - Joint Usc Agreement .Iuly 9, 2003 Page 4 of 4