HomeMy WebLinkAbout5774 RESOLUTION NO. 5774
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE CASCADE BICYCLE CLUB TO
ACCEPT AND EXPEND GRANT FUNDS FOR THE
OPERATION OF TWO CITY BICYCLE PROGRAMS
WHEREAS, The Washington State Department of Transportation (WSDOT)
provides grant funding through the Statewide School-Based Bicycle Safety Education
Program, which was created by statute in 2022; and
WHEREAS, the purpose of the program is to make elementary and middle school
students more confident bicyclists for transportation and/or recreation by developing their
bicycle skills and providing them with street safety knowledge; and
WHEREAS, the Cascade Bicycle Club is an organization that works with WSDOT
to identify qualified recipients of grant funding through the School-Based Bicycle Safety
Education Program and to administer those grants; and
WHEREAS, the Cascade Bicycle Club has awarded the Auburn Parks, Arts, and
Recreation Department grant funding for two middle school programs that teach bike
knowledge, bicycle and pedestrian safety, and leadership skills to students from
systemically underserved communities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an agreement between the City
of Auburn and the Cascade Bicycle Club to accept Statewide School-Based Bicycle
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Safety Education Program grant funds, and to expend such funds. The agreement will
be in substantial conformity with the agreement attached as Exhibit A.
Section 2. The Mayor is authorized to enter into additional agreements and to
implement those administrative procedures necessary to carry out the directives of this
Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this 15th day of July, 2024.
CITY OF AUBURN
, . —%_!.. . . . _
ANC BAC yUS, MAYOR
ATTEST: APPROVED AS TO FORM:
k)e.Sca. s P Qirs-
Shawn Campbell, MMC, City Clerk Douglas Ruth, Acting City Attorney
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EXHIBIT A
CONTRACT BETWEEN
CASCADE BICYCLE CLUB AND
City of Auburn- Parks, Arts & Recreation
This Contract(the"Contract") is entered into by and between the City of Auburn- Parks, Arts &
Recreation("Auburn Parks and Rec" or"CONTRACTOR"), a government entity having its
principal place of business at 25 West Main, Auburn WA 98001 and the Cascade Bicycle Club
("CBC"), a non-profit organization,having offices at 7787 62nd Ave NE Seattle, WA 98115.
Effective Date: July 15, 2024
Contract Amount: $212,033.49
Period of Performance: July 1, 2024—June 30, 2025
1. PURPOSE. This Contract's purpose is to provide support for the program described in
Appendix A ("Scope of Work"). The Contractor will furnish all reports and deliverables as set
forth in Appendix C ("Payment Schedule"). All Contract funds, including any interest and other
income earned thereon, must be expended exclusively for charitable purposes within the
meaning of Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended(the
"Code") and specifically for the purposes stated above. Contract funds may not be expended for
any other purpose without CBC's prior written approval.
2. WSDOT COMPLIANCE. The Contractor has reviewed the Statewide School-Based
Bicycle Safety Education Program(the"Statewide Program") agreement between CBC and the
Washington State Department of Transportation(WSDOT). The Contractor acknowledges and
agrees to any requirements that may be imposed on CBC and pass through to the Contactor. Any
violation by the Contractor of the Statewide Program requirements is a breach of this Contract.
3. COMPENSATION AND PAYMENT. CBC is only obligated to reimburse the
Contractor for payments approved and reimbursed by WSDOT. It is in CBC's sole discretion to
provide funds for anything outside of CBC's reimbursement from WSDOT. As compensation for
the Statewide Program's timely completion to CBC's reasonable satisfaction, CBC anticipates
paying to the Contractor up to $212,033.49, as laid out in Appendix B. Payments will be made
on a reimbursement basis in installments as set forth in Appendix A. CBC may, in its reasonable
discretion or at WSDOT's direction, modify payment terms and amounts and CBC will provide
30 days' notice of such changes to the Contractor.
Monthly payments to the Contractor will be made within 30 days of receipt of funding by CBC
from WSDOT. The payment of each installment of the fees is further contingent upon(a)the
Contractor's progress towards achievement of the Scope of Work's purposes as determined in
CBC's sole discretion, including timely and thorough completion and submission of any regular
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reporting required by CBC, (b) compliance with this Contract's terms, (c) CBC's reimbursement
by WSDOT of the necessary funds, and (d)there having been no material changes in the
Contractor's operations, staffing, tax-exempt status, or funding that would adversely affect the
Contractor's ability to carry out or accomplish this Contract's purposes.
4. EXPENSE REPORTING AND INVOICING.No amount is due to the Contractor until
the Contractor has complied with CBC's Expense and Invoicing Processes, attached as Appendix
C- Payment Schedule, and as updated by CBC. CBC shall pay all undisputed invoices within 30
days after CBC's receipt funds from WSDOT. CBC may withhold payment for (a) any disputed
expense reports or invoices until the dispute is resolved or(b)until CBC receives the applicable
money from WSDOT.
5. TERM. This Contract is for a 1 year time period (July 1, 2024 - June 30, 2025). The
Contract may be renegotiated for the following year (July 1, 2025 - June 30, 2026) before this
Contract ends. Renegotiation will depend on successful implementation of the deliverables and
the Contractor and CBC's desire to extend the Contract and continue the program.
6. INDEPENDENT CONTRACTOR.Nothing herein may at any time be construed so as to
create a relationship of employer and employee, partners,principal and agent, or joint venturers
between CBC and the Contractor.
7. PUBLICITY. The Contractor shall comply with all CBC marketing and intellectual
property policies and any other applicable restrictions imposed by CBC, including but not
limited to Climate Commitment Act Brand and Style Guidelines; WSDOT's branding and style
guidelines; and CBC's branding and style guidelines. The Contractor will acknowledge CBC and
WSDOT's support in any public-facing materials relating to the Contract or the activities
supported by the Contract in a manner to be approved by CBC in writing in advance of the
publication of such materials.
The Contractor may report CBC as a fonder in its annual report, on its website, and in similar
public communications and/or to any regulatory or governmental authority. Likewise, CBC may
include the Contractor as a contractor or partner in its annual report, on its website, and in similar
public communications and/or to any regulatory or government authority. Any other use by the
Contractor of CBC's name and trade names,trademarks, or service marks, and all marketing,
advertising or other promotional materials referencing CBC and/or its trade names, trademarks
or service marks, is subject to CBC's prior written approval.
If CBC submits a request for review and approval to the Contractor, the Contractor has 5
business days to respond. If no response is provided, then CBC's request is automatically
approved by the Contractor.
8. MONITORING AND EVALUATION. CBC may monitor and conduct one or more
evaluations of the Contractor's activities funded by the Contract. Such monitoring and evaluation
may include site visits from CBC personnel, speaking with the Contractor's personnel, or a
review of records and materials relating to the Contract activities. The Contractor will cooperate
with and agree to provide any information reasonably requested by CBC. If during the Contract's
term, the Contractor is audited,the Contractor will provide the audit report to CBC with a
detailed plan for remedying any deficiencies observed. The Contractor will promptly notify CBC
of: (a) any changes in the Contractor's tax-exempt organization status under Section 501(c)(3) of
the Code; (b) any changes in the Contractor's senior management team or key personnel
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responsible for carrying out the Contract's purposes; or (c)material changes that has or could
have a material effect on the Contractor's ability to carry out the Contract's purposes.
9. RECORDKEEPING. For a minimum of 6 years after the Contract's termination or the
expenditure of the funds, whichever is later,the Contractor will maintain records of receipts and
expenditures of the Contract funds and will make its books and records available to CBC for
inspection as requested. Upon the CBC's request,the Contractor will provide to CBC, at the
Contractor's expense, a copy of all data, information, and duplicable materials related to the
Contract, within 30 days of CBC's request.
10. AMENDMENT; WAIVER. CBC retains the right to modify, suspend, or discontinue any
payment or to terminate the Contract and discontinue the Contract funding if, in CBC's sole
discretion, CBC is not reasonably satisfied with the Contractor's progress or determines that the
Contractor is not able to carry out or accomplish the Contract's purposes or has failed to comply
with any term. CBC's failure to exercise or enforce any right doesn't operate as a waiver. The
waiver of a breach does not waive any other provision or operate as a waiver of a subsequent
breach of the same provision. If CBC waives any term,provision, or breach, such waiver will not
be effective unless it is in writing and signed by CBC. Except for as listed, this Contract and any
SOW may be modified or amended only by the parties' mutual written agreement.
11. TERMINATION. CBC may automatically terminate this Contract and any SOWs if(a)
the Contractor is in breach of this Contract; (b) CBC does not secure its necessary funding; or(c)
WSDOT terminates its agreement or a scope of work with CBC. For any other termination
reason, CBC shall give the Contractor 7 days' notice. If this Contract terminates for any reason,
then all SOWs automatically terminate unless the Contractor is notified otherwise. CBC shall
have no further obligations upon termination.
12. REPAYMENT OF FUNDS AND ASSETS. The Contractor must only use funds and
assets purchased with the funds for the Contract's purpose. The Contractor may not use funds to
reimburse any expenses incurred prior to the Effective Date. At CBC's request,the Contractor
will repay any funds or return assets used or committed in breach of this Contract, as solely
determined by CBC. The Contractor must return to CBC any portion of the unused funds and
any assets purchased with the funds no later than 10 days after the SOW or Contract's
termination.
13. INSURANCE. The Contractor will provide CBC with a Certificate of Insurance, or
evidence of Self-Insurance, which documents insurance coverage for personal injury or property
damages claims that may arise from, or in connection to,this Contract's performance, with limits
of not less than$1,000,000 per occurrence. The Contractor agrees to assume all liability for any
damages or losses sustained to property purchased or received for this Contract's purpose. The
Contractor acknowledges full responsibility for replacing lost, stolen, or damaged property
purchased or acquired through this Contract.
14. INDEMNIFICATION. The Contractor agrees to indemnify, save, and hold CBC—and
CBC's employees, contractors, owners, and agents—harmless from and against any and all
losses, expenses (including, but not limited to,payroll and income taxes and attorneys' fees) and
damages arising from any third party claims, demand,proceedings, or actions that are the result
of the Contractor's misconduct, gross negligence, or breach of this Contract.
15. COMPLIANCE WITH LAWS; RESTRICTIONS ON USE OF FUNDS. The Contractor
will not use Contract funds, directly or indirectly, in support of activities (a)prohibited by U.S.
laws related to combating terrorism, (b)with persons on the List of Specially Designated
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Nationals maintained by the U.S. Treasury Department(the "SDN List") or entities owned or
controlled by such persons, or(c) with countries against which the U.S. maintains sanctions
programs unless such programs are permitted under applicable law. The Contractor certifies that
it does not knowingly employ individuals or contribute funds to persons on the SDN List or
owned or controlled by such persons or which are otherwise prohibited under applicable law.
The Contractor further agrees that it will not offer or provide money, gifts or other items of
value, directly or indirectly,to anyone in order to improperly influence an act or decision relating
to activities funded by the Contract, including by assisting any party to secure an improper
advantage. Further,the Contractor will not use any Contract funds to intervene in or influence
the outcome of any specific public election or support or oppose any political party or candidate
for any public office anywhere in the world, and the Contractor will not use any Contract funds
to carry on propaganda or otherwise attempt to influence legislation within the meaning of Code
Section 4945(d)(1) without CBC's prior written approval.
16. REPRESENTATIONS AND WARRANTIES. The Contractor represents that it is
exempt from federal income tax under Section 501(c)(3) of the Code and is not a private
foundation under Section 509(a) of the Code.
17. MISCELLANEOUS.
a. Governing Law: This Contract is governed by, and will be construed in accordance with,
the laws of the State of Washington.
b. Dispute Resolution. The parties shall first attempt to resolve any dispute arising out of or
relating to this Agreement informally amongst themselves. If the parties cannot resolve the
dispute,the parties agree to formal mediation. If the parties cannot resolve a dispute through
mediation, then the matter shall be resolved by binding arbitration. Arbitration will be before a
single arbitrator that CBC selects. Arbitration will take place in Seattle, Washington. An
arbitration judgment may be entered and enforced by a court of competent jurisdiction, whose
judgment shall include the costs and attorneys' fees for the prevailing party at arbitration.
c. Assignment: This Contract may not be assigned without CBC's prior written consent.
d. Severability: If any term in this Contract is determined by a competent authority to be
unenforceable,void, or contrary to law, all other terms and provisions of this Contract will
continue in full force and effect. If a term or provision of this Contract is unenforceable, it will
be modified to the extent necessary for enforcement, or replaced by another provision that is
enforceable and achieves the same objective and result.
e. Waiver: Waiver of any provision will not be deemed a waiver of any other provision, nor
will waiver of any breach of any provision in this Contract be construed as a continuing waiver
of any other breaches of the same or other provisions of this Contract.
f. Compliance: The Contractor shall comply with all applicable laws, regulations, or
policies. If the Contractor fails to fully comply with any law, regulations, or policies,this
Contract may be terminated and the Contractor declared ineligible for further contracts with
CBC.
g. Notices: Any notice required pursuant to this Contract may be sent by email, overnight
courier or certified or registered mail to the addresses set forth in the signature page or as
updated by the parties. Notices may be by email only if the receiving party acknowledges the
receipt of the notice.
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h. Entire Contract: This Contract constitutes the entire agreement between the parties
regarding the subject matter and supersedes all prior contracts, agreements, or understandings
between the parties regarding such subject matter.
For the convenience of the parties,this Contract may be executed by email and in counterparts,
each of which will be deemed to be an original, and both of which taken together will constitute
one agreement binding on both parties. Each party represents and warrants that its signatory to
this Contract has the authority to execute this Contract and bind such party hereby.
IN WITNESS WHEREOF,the parties have caused this Contract to be signed by their duly
authorized representatives on the dates below.
By:
Name: Lee Lambert
Title: Executive Director
Cascade Bicycle Club
Date:
Notice Email: Leel@cascade.org
Notice Address: 7787 62nd Ave NE
Seattle, WA 98115
By:
Name: Nancy Backus
Title: Mayor
City of Auburn-Parks, Arts &Recreation
Date:
Notice Email: nbackus@auburnwa.gov
Notice Address: 25 West Main,Auburn WA 98001
Main Point of Contact
This individual is the primary contact for communication for day to day program needs and
updates.
Contact Information CBC City of Auburn Parks
Title Youth Development Recreation Coordinator
Partnership Manager
Name Rachel Longest Kjerstin Lange
Email rachell(a,cascadebicycleclub.org Klange@auburnwa.gov
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APPENDIX A- Scope of Work
In March 2022, the Washington State Legislature passed a comprehensive, 16-year
transportation package ("Move Ahead Washington")that includes $216M to be spent on a new
statewide school based bicycle safety education grant program("Statewide Program"). The grant
will support two programs: one for elementary and middle school ("In-Class Program"); and one
for junior high and high school aged youth("Youth Development Program")to develop the skills
and street safety knowledge to be more confident bicyclists for transportation and/or recreation.
Eligible students will also have an opportunity to receive a bike, helmet, light, and lock free of
cost. The Washington State Department of Transportation("WSDOT") has selected Cascade
Bicycle Club ("CBC" or"Cascade")to design and administer the Statewide Program, and
distribute funding to educational service districts, school districts and non-profit organizations.
Founded in 1970 and currently serving over 10,000 members, Cascade Bicycle Club is both the
state's largest bicycling nonprofit and an expert in delivering two high-quality, school-based
bicycle education programs. The Let's Go program provides elementary schools with the
resources to implement an in-class bicycle and pedestrian safety program for elementary and
middle school students. The Let's Go curriculum is implemented in Physical Education classes
to teach students the fundamentals of bicycle safety, which builds confidence, inspires the joy of
riding, and encourages biking to school. Cascade's Major Taylor Project (MTP) mentors students
from systemically underserved communities, teaching them bike knowledge and leadership skills
in after school settings. These two programs will serve as inspiration models for the Statewide
Program.
Cascade will work with local bike advocates, educators, and local communities to expand these
two programs statewide. Together,these programs are expected to reach 90 percent of
Washington State students by 2039, with the goal of improving the health and wellness of our
youth and creating a cleaner, greener, and more equitable state.
EQUITY METRICS
In selecting schools and partner organizations for the State Program, CBC must consider, at a
minimum, the following criteria:
• Population impacted by poverty, as measured by free and reduced lunch population or
200 percent federal poverty level;
• People of color;
• People of Hispanic heritage;
• People with disabilities;
• Environmental health disparities, such as those indicated by the diesel pollution burden
portion of the WA environmental health disparities map developed by the department of health,
or other similar indicators;
• Location on or adjacent to an Indian reservation;
• Geographic location throughout WA;
• Crash experience involving pedestrians and bicyclists;
• Access to a community facility or commercial center; and
• Identified need in the state active transportation plan or a regional, county, or community
plan.
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Responsibilities of Cascade Bicycle Club
Cascade Bicycle Club will:
1. Draft, finalize, and execute subcontracts with Community Partners. Subcontracts will
include the information submitted in the Contractor's grant proposal application during the
Request for Proposal (RFP)process.
2. Provide a curriculum and supporting materials to Community Partners. The curriculum
will include key learning outcomes and evaluative tools that support the assessment of youth's
learning progress.
3. Organize and facilitate trainings for Community Partners on facilitating the provided
curriculum.
4. Provide procurement support which may include program equipment and materials
5. Design the program evaluation and support partners in using evaluative tools and
processes where appropriate.
6. Provide technical support to Community Partners on topics such as youth bike
programming best practices, and best use of provided data collection tools
7. Collect, review, and submit partner monthly budget reports, and quarterly narrative
reports to WSDOT.
8. Distribute funds to Community Partners upon approval from WSDOT finance team.
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Program Deliverables:
Youth Development Program Deliverables
Year 2(07/01/24-06/30/25) By Date:
1, Develop an outreach plan detailing the efforts to encourage youth
participation,including specific efforts to invite and support youth
representing priority populations. 09/30/24
2. Develop a plan for regular fleet maintenance. 09/30/24
3. Establish supplementary criteria and process(es)for youth to receive a
bike,helmet,light,and lock 09/30/24
10/15/24(with Narrative
4. Submit Program Scope and Sequence Report. Report 1)
5. Complete renewal process for continued funding. Spring 2025
6. Achieve at least 90%accuracy in budgeted spending(please see
Budget) 07/07/25
7. Achieve at least 90%accuracy in stated goals for youth participation
(Please see Program Scope). 07/15/25
7 days after the close of
8. Submit monthly budget reports. the month
Report 1 due 10/15/24
Report 2 due 01/15/25
Report 3 due 04/15/25
9. Submit quarterly narrative reports. Report 4 due 07/15/25
10. Host staff from Cascade,and potentially the Washington Department of
Transportation,for one or more site visits. To be decided
Throughout the life of the •
11. Update the Youth Participation Report bi-weekty. program
12. Deliver high quality bicycle safety education programming to youth in Throughout the life of the
grades 6-12 using the provided curriculum. program
13. Assess youth's progress toward learning outcomes using the evaluation Throughout the life of the
tools contained in the provided curriculum. program
Throughout the life of the
14. Track fleet maintenance. program
15. Continually track the number of youth participating in programming Throughout the life of the
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and demographic data about those youth using the provided data program
collection tool(s).
16. Participate in monthly check-in meetings with Cascade staff and other
grant recipients to discuss challenges and successes,build community, Throughout the life of the
and share best practices. program
17. Attend periodic training and/or professional development provided by Throughout the life of the
Cascade Bicycle Club program
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APPENDIX B- Budget
Auburn Parks and Rec
Project Management(Personnel) $160,422.14
Bike fleet $5,000.00,
Earn a Bike $0.00
Travel $0.00
Other supplies $29,104.00
Indirect Rate(9%) $17,507.35
Total Budget $212.033.49.
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APPENDIX C- Payment Schedule
SCHEDULE
Contractor agrees to provide the following Report Deliverables to CBC by the due date specified.Any
delays in submission will be communicated in advance of the due date.
Report Deliverables ' Report, Payment Amount Estimated Payment
Due Date Date
Monthly Budget Report 7 Days after the close As billed and approved Within thirty(30)days of
of the month by WSDOT and CBC receipt of funding by(BC
from WSDOT
Contractor agrees to review reports with CBC staff as requested.In addition,Contractor agrees to
provide informal updates to CBC as needed.CBC agrees to provide 2-day notice should this need arise.
Description Of Reports
Program Scope and Sequence Report
Contractors will be provided a table upon execution of their contract to outline the locations and dates
of programs planned for the contract year.
Youth Participation Report
Contractors will be provided a document to keep updated bi-weekly to document youth participation in
their project.
Monthly Budget Report
Contractors will be provided a document to complete and submit monthly to report on spending for
their project based on the contracted budget.
Quarterly Narrative Report
Contractors will be provided a document to complete and submit on a quarterly basis documenting their
project's progress and outcomes.
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