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HomeMy WebLinkAboutITEM VIII-B-5* ~ CITY OF AU~~JR.N ~ WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Acceptance of King County Parks Youth Sports Date: Nov. 19, 2007 Facilit Grant for $75,000 Department: Parks, Arts and Attachments: Resolution 4265 and Budget Impact: Recreation copy of King County Contract D37397D Administrative Recommendation: City Council adopt Resolution 4265, Background Summary: At their April 2, 2007 meeting, Council granted permission to solicit bids for the renovation of the soccer fields at Game Farm Park from the dirt/clay fields to synthetic turf.. In May, Council agreed to contract for services related to this project. Part of the financing for this project was to come from King County through a Youth Sports Facility Grant for $75,000.00. King County has issued their check in the amount of $75,000 and staff asks that Council accept this money to apply toward the cost of this project. R-1119-1 F5.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ®Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^Finance ^ Parks ^ Human Services ^ Planning & CD ^ Fire ^ Planning ^ Park Board ^Public Works ^ Legal ^ Police ^ Planning Comm. ^ Other Museum Board ^Public Works ^ Human Resources ^ Information Services Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/ Tabled Until _/_/_ Councilmember: Backus Staff: Faber Meetin Date: November 19, 2007 Item Number: VI11.B.5 AUBURN * NtoRE TE-iAN YoU InnAG1NED RESOLUTION NO. 4 2 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A KING COUNTY PARKS YOUTH SPORTS FACILITY GRANT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY CONTRACTS TO ACCEPT SAID FUNDS WHEREAS, the City of Auburn Parks, Arts and Recreation Department, on behalf of the City of Auburn, submitted an application to the King County Parks Youth Sports Facility Grant; and WHEREAS, the City has been advised that it has been approved to receive a grant from said program in the amount of Seventy-Five Thousand and No/100s Dollars ($75,000.00); and WHEREAS, acceptance of the grant will benefit the citizens of Auburn. NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. Acceptance of Grant and Authorization of Contract. The City Council hereby accepts the King County Parks Youth Sports Facility Grant, in the amount of Seventy-Five Thousand and No/100s Dollars ($75,000.00), and authorizes the Mayor and City Clerk to execute the Contract with King County in substantial conformity with the Contract marked as Exhibit "A" attached hereto and incorporated herein by this reference. Section 2. Implementation. The Mayor is further authorized to implement such administrative procedures as may be necessary to carry out the directions of this Resolution No. 4265 November 8, 2007 Page 1 legislation, including assuring that the grant fund appropriation is included in the appropriate budget documents of the City. Section 3. Effective Date. That this Resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this day of November, 2007. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED ~S TO FORM: Daniel B. Hem, City Atto Resolution No. 4265 November 8, 2007 Page 2 1 1,' 15;'200' 11:13 FA7{ 2539314005 kuburn Parks & Rec ~ OC? 1; i) 1 r, King Oour~ty Department o} NaCUr01 Reeourcros and Perks Parks and Recreation Divimion XOUTT~i SPORTS DepaxtmenllDivision F~CILx'X'X C3RANT CON'z'ttACT - 2U07 Natura111'tesoo,rea4 and Parks ! pnrk9 DilvRalort Agerxcy: ,Auburn dark®& ~tecXaatioal _ 1?rojxt Title: Ganne Fa~rr~ park Soccer P'ie)lds Contract Amount; ~ 75a0~0 _ _ _._ Fund Cadc: X638 Contract Period from: January 1, 2007 To Decetpber ,3 X, 2008 ContxactNuxnber, D37397D '1('1;T.I.S CONTRACT is entered into 1,y KiiNG COiTNTY' (the "County"), and auburn Parks & Recreation {the "Agency"), whoso add,rees is 91~ Ninth Strert_SL•, Ati~~Uum,. V~!t~. 9~gQ2 , WPJE1tL•A5, King County is the manager of the Xouth Sports Faeililj+ grant (YSFd) T'rograrra; WHEREAS, the Agency is Either a public agency or a ~on~profit organization whose land or facility wil] pro~lde recreativn~,l. or et>,letic apportunitiee primarily tea youth under' 21 ye~ze of age; V~EI~AS, King County has selected the identified agency to be awarded a Youth Sperhs Paciliiy Grant to assist in capital improvcrncnts for increased, recreational opportunities, WHFR~AS, the Agency arrdlor landowner, whose properly will receive these amprovernonts will develop piro~'am, operate, and maintain the facility tea address a recreation ncccf irx King Couttty; vVHERF.AS, King County has 1:be authority tinder 1S.C Oxdmance 1Q454 to enter into agreements for tlae uSe of 'King Goun~y funds by public agoncies and/ar non~pl'o,fit organizations to provide a eCr~iCc to the publ.i,a, This ~Porm Is available in alternate formats for peoples with disabilities upon request. 'ago 1, of 12 11;'1512007 11:13 FAX 2539314005 Auburn Parks & Rec ~002i~)1~~ NOW THEREFORE, in consideration of payments, covenat-ta, and agCCertterits ftereina~ter mentioned, to be made and performed by the pat~tiea hetcEo, the patsies covenant and do xnutua,lly agree a9 follows: t . SCOP OF S1~RV[CE5 The Agency shall provide services and comply with tlae requireinCZtt~ set forth lacreinafltar and in th,c following allaohed axhi,bits, wl~ich are iz~aorporAtod h~'cin U3'roferonoc: SCOpe of SarviCCS lttta.chod hereto as Exhibit I ® ® ® Budget ]invoice voucher T~cpnzcing AtlBOhed heroty ens Exhibit [l'. A,ttaohod l~arcta es Lxhibit I1GI A,t4aohcd hat~eta as 1r,)chibit 1:'~/ ® Design. I~oeutnonts Attached herctc~ as Exhibit V ® insurance G.ertitticate ~ Attached hereto as Exhibit VI ~ ^ W-9 Personnel Trver,tory Reporl: (fG.C.C. 12.16) Attached hereto as Lxhibit VTT Attached hereto as Exhibit VIII ^ hff davit of Compliaroe (K,C,C, 12.16 Attached h,crem as Exhibit TX ^ A®surance of Cornpli~t~cd3octio~z SQ4 Attached l~erEto a9 Exhibit ~ 2. TER1V1 OF CONTI3A,CT This Cc,~ntract shall commence on, khe l at day of Januasv, 2007, attd shall expire orgy the 3~ day of acerr~bcr, 2408, unless extended ex tcrm~inatcd earlier, pursuant to the terms and conditions of the Contract- 3. PRE]V~I.SI~S This grant project is located a~ Gatr~e Fann Park, .Auburn, Ws.eh4ngton Commonly latown as Clamc )?arm ]?ark, and referral to llarei.~ ae "tba Prcxnises." 4, ES A.11 oommunicatio~n, notices, coorditzation, anal c,~tller tallets of this Contract shall be tnanagcd by' On behalf of Y~in¢ Counts: 13utclz Lovelace,, YSr'G Program Manager Icing County T)epart~rent of Natural ltesouroes and Packs 2pa, $auth 7,ck8on Street, Suits 741 ScaLTle, WA 98104-3855 Entail: ~.},~tch.loyelacoC~rn~rr,~,~4Y ' Phona; Z06.263.G2G7 Page 2 of 12 11/15;'2007 11:13 FAX 2539314003 Auburn Parks & Rec ~i 0%i3;'i~1`_~ On behalf o Daryl Paber, Doti Auburn Parke & g i 0 Ninth Street A-ubuti~, W~A 98( Bmail: dfaber~a~, Phone: 253.931, 5. G. 7. A. A. T1tie County steal] r~in~buxec tl~e Agency fnr sa,tiRfaetory completion o:~ tlac gcrvices and requirements specified i1n this Contract aSitcr the agcK~cy submits ~ i.»vRicc and all acoompanyizag repa~ts a® sncoified in tho A:tt:ac1Zed oxhibits. Thv County vw;,il initiate authorization for pa}~nncnt aver approval of, corrected invpices and reports. 'l'hc County shall mal« payment to the ,A,gcncy snot more tl~an~ 3Q days af~,cz a oomplete and t-ccuratc invoice ,is received. B. 7,'ktc Agenoy shall su mit its final invoico end all vutstax-ding rcporeR within ,clays of tllc date this Contract expire or is ecn~7,inated. If the 1~Lgancy'~ Ana] invoice and reports are nvt aubmictad by l'h,e da spCCi~iad !n this sabsectio~l, tree County will lie relieved of all Nobility far payment to the Aget~cy of tUe amounts set forth in said ixtvoicC or any subsequent invoice. When a budget is atxached hereto aQ exhibit li, the ~ency steal), ap~rly the funds received from the Lousily under this Contr'sot in accordance with paid budget, Tf, at any time during tl7e Term of this Contract, the Agency ex ~ cts Chat the cttmulatiivc amount of transfers among the hwd8et ca,tc8ary,es, i.e. Prajcat Tttaka, m,ay exceed i0% of the Canhaet amount, then the Agency shall rcgucst ar amendment to this Can rant. Supporting documcr,tq netts®ary to explain Fully the mature and putposo of the an,<erxdm~r,t must accompany eacla, requc~9l for an amendment. County approval of any such atnendrr~ent. 91~a11 not Ue unreasnnaUly withheld. COMIVITJNIC.A'~ION Tltc AgEney shall reoogttlze King County Parlta as a fiscal sponsor far the grant project in the followin.~r menncr: A. Plaque: At the time Of project aornpletion or dedication, whichever canes first, rho ll.gency shall install, on or rs as• the faoilit~~ a 4'' ~ 6" plaque provided by the County that notes King County <tis a fiscal sponsor. L'. Events; ~1'~CA$enc shall invite and recognize King Count3~ Parks at all Cvct~tF prOrnpting the project during tonal cti,cm, and at the final project: dedicatinn. G. 'Wrlitett material: T4~e ~lgenay sEt~]I recognize King County Parks as Q Fscal sponsor in alt brochures., biihnCl'8, jpOgters, and other promotio?tal, material rel2ttEd to the )<'rojccti. 'Z'ha ~Rgcncy shall to tlZC greatest extent reasonably pogst~le m~-lse the p:ojccU availwb]C for Ube by tb~ general pul~lia witla,out i~~nr~sing tmrcacorJable recluiteszZents fox public u:~c. The Agesicy shall to the greatesC extent rcasonabiy nossiible $+vE priority c~f use 1;o porsoa~s under I:l1e ago oFt:~wenty- page 3 of 12 11!15i'2007 11 ono. Fees for use of tt>ie projact shall be iio groatar than thasc generally changed by public oporatora of similar facilities >>7 Ring County, The par3od of tune that the Agency must pmvidc pvbiia access and priority of use is based oil l'b,e levol of County ftiusdazlg as set foxth batow. if the facility ie removed from ublic recreational use be1"ore th,o and of the specified period, then the Agency shall reimburse ~e County's handing on a pro rata basis, datarmined by dividing th.e tturnber of yoars of lost p i blie uac by the total years of roq,uired dadicatian, multipliod by the total Covniy grant atriount_ Fay way of exarnpie only iif the County makes s $10,040 grans Lo A,goxloy ~C, then the agency's prefect must be daiiaated to public umo and priority of use by youth for 5 years, ;I~ Agency ~C clirninatas public access ~ the pxojeet after 3 yeas, such steal' Z years of public access and yoz~th priority arc lost, then ,Age cy ~ must repay the County $4,000 (2/5 '" 1,0,40f1 m $e1,000)_ Range of County Cram Itequit•ed Per;tod of Ded9cated Public UselYoath Frkorlty 0-$14,999 5 $15,000-$29,000 8 $34,000,$~i9,000 12 854,000-$75,000 l 5 If the completed project ids subjoct to scheduling or reservation for use, then the Agoncy shall. post the use schadulo and else getiey's schedu]ittg or rcacrrvat-ion~ policies, practices, and information in a highly visible location >«car, the project; and the Agency shall }~ormit the public rA schedule or reserve u9c of the con~p1e ~cd project ac~nsistcnt with the rcquirezt~ents of this section 8. Agency's duties under this sccti.vn 8 wi)1 survive tlu expiration or'earlicr termination o,f• this contact. 9, GREEN I3U~LATNr 10'. I]. King County is coinroiited to ,promoting and using $rccri building practices in cof7sb~uction psojaets. Though not req~ired, King County strongly oncouragae practices that conserve resources, use rocyclad content matEZi,als, rtiaxirnize energy efficiency, and otliervvise consider environmental, ecoixotx~ic and social benefits in tho dosigtl aAd aonsttucti.on of a building pmject. The Agency shall ostal complie® with applioabl and fnancial reporting 4(1.14. A. The Agency shall ai1,d pCOy*re,mrriatic County to c»surc Contract, ish slid maintain a mystem of accounting and internal con,ttuls which generally accepted accoul,,tirAg prittciplos, and governmental accounting azidards in accordance with Revised Code of Washington (ItCW) Chapter 1~aintain accou»ts aild records, i»cluding personxicl, property, financial, records sad other such recrnds as may be deemed »ecessary by the proper aceourating for all Contract funds and complianec with this Pnge 4 ~f 12 11/15;'2007 11:14 FA7t 2539314005 Auburn Parks & Rec ia. 1,3. 14. 1 S. ~u~'S+''-'1`- H. 'Z'I~C9a rcoords shah be maintained fez a pctriod of ®i~c (6) years ef.?tr the expiration or carJ.icr ter7rainati0t7 of this ContrBCt unless p~ission to destroy them is granted by the Office of tl~c Ptirchivist in aCOOt'd~ttce with Raviscd COdC O,f luashangton (I~CW) Chaptar 40.] 4. C. Tb,c ,A,genoy shall inform the Chu»ty ir- writing of the iodation, if di,ffcront from die Agency address li®tcd on paga one of this COt11't'aet, of the aforesaid books, rcooxds, docusments, and other' eVidEttce ands shall notify the GOUnty in writing of any changes it* looatiors within ten (10) working cia~-s oT any such relocation, RxGHT TO IN~1?1~CT King Goun.ty resezvcp th right to review and approve the performance of ~lgrncy with regard to this Contact, and, 4t itP R01c discrotivn, to inspect' 01' audit tltie Agency's records Tagerdin,g this Contract and the 1:'rojcct upon reasonably notice during normal kusiness hours, The A,ge»cy, in evopera oppilc»,bae lews, ordi'na without 3irtitation, thy: specifically, the require to the extent applicabl co'mpctil'ive bidding of asBOCi.ated with achievi that King Couttty, does irtstancc. 'T('l~c A,genay subject vi' art mdrnit]islr Contract, A. If the County d Agency's pcri'c performance. '. tirnc, a5 may be . Agcr-ay. S, `I'ha County may corrective action ~n and agraement wish the owners of the Premises, shell oornply with all es and zegulatioz~s in using fiords provided by th,c County, including, relating to provl,dirtg a safe working environrna»t to employeas end, :nte of tha Wael~irAgton Industrial Safaty and 1-1,calth A,ct ('W1SH,A); and, those re1ar:ed to "public works;' payment of prevailing wages, and entracte. Tl~c Aget,ey specifically a~grecs to eermply attd pay all costs such cc~rrTpliance without notice from Ki,ag County; astd furtltcr agrees ~t v~aive i'hiq Aeetion by giving notice of dezna~nd for ocn~7pl~iancc in ally ta]1 indelrtnify and dCfend t>tio County should it be sued or made the ve ittvestigation or hating for a violation of such laws related to this nines that a breach af, aantract has occurred ar does trot approve of the nee, it will give the A.g~ney wri.tDen noti.f cation of tinaooeptable 1lgcxscy will then tflke corrective a,ctzort within a reasonable period of red by Kith County in its sole discration in its writtcri 1,otifioatinn to the lthold any payrnartt owed the ~,geney until the County ie entia&dd that been taken nr completed. As,. Tlu County rt~ay ~ tcrrninatc this Contract in whole pr i,r part, with or without ca6e, tst any time during the 1fern~ Of' this ContrACt, by providing the Agency tors (10) days adva,rtce written notice of tJbe ternnination. R. T•f the termitsaiio results from acre or ornisasions of the Agency, includin¢ but clot limited to m,ibappropxiatton, 3lortperformance Of rcyuirccl services, or fscal mismanagement, the Agency shall rct rn t0 the County imttlediately nny iltnds, misap}yropriated or tu~expende,d, wl~icl~ have been paid to t1~e Agency by tre County, P'age5nfl2 11;'15/200' 11:14 Fk`( 2539314005 Auburn Parks & Rec ~UOBii)1~~ C, Any King County Qbli,gations under this Conttaot bayond the curront appropriation year are conditioned upon tt-e County Counei.l's appropriadon of suf,'13cient funds to support Such obligations. If th~ Couryoil does not approve suoh appropriation, t>ton this Contract will terminate automatically aL I,hc close of the cur[t',nti appropriation year. 16. Tho County lxaalces ryo comsnitmtilC Co support' the etzviccs ootytractcd for herein and assumes no abligatioi, for future support of t'he activity contracted for hcrei,n except as expressly sec Torth in this Contract, 7'he Agency una,rrstaz~tds, aclatowladgeta, and agrees that the County Qhall not be liable to pay for or to~prOvide any utilitxcs or services in Cot71"icetiott with the consCruction opa'atlon, mair,tenavcv, or uAe of the projoct cotat~:mplated ha~oiri. :I.7. The l~,gen.cy agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appoirt~ed and elocted officials, and annplayces l'xorn and against liability for all claims, demands, suits,atid judgments, including cogt9 of defense thcreo'f, for injury to persons, death, or property dam~ge which is Caused by, arises out ot', or is irtoidental to any use of or oceurreiyc® orn the Pxojec that is the subjcctotthis Contract, or the Agcztcy's exercise of rights and privileges granted by th~s Contract, except to Clete extent of the (:aunty's sole ncgli~eryce. Tho Agoncy's obligations under this section shall ix~elude: A_ The duty to pmn tly accept ton,dtt- of defense and provide defcn,he to tl~e County at the Agenc~r s own cxp se; S, Tn~lctrrrsificati,on of claims rrlade by the Agtney's etnployaes or agents; and C. Waiver of the ,~~ency's immunity under the industrial i119urance provisions of Title 51 RC~iI~. but only t;rl the extent necessary co indertuy.ify King County, which v~aiver 11as bce~-. muhia~lly nogotiat~d by tho pat~tics. In the avert it is necessary for the Courtly to inout' attoi~ry's Pecs, legal, expes~eos yr other co5t9 to enforce the provisions off' this section, all suc}t fEes~ expenses and cpgts shall be recoverable from the Agency, In the event it is dete fined that ~tCw 4.24,115 appliae to this Contract, the Agtztey agrees to protect, defend, i,ztdemni'Ay+ and sav~c tl~,c County, its o#'frcera, C-fiYcials, employaos and agents from any and all cla,ixrts, demands, suits, penalties, losses damages judg~ta,ents, or costs of any kind whatsoever for bodily i ~ jury try persona or damage to property (htrcin,atter "claims"a, arising out of or ir- ~'iy way >•esulting~from 1;lae Agency`s officers. ez>Ltployees, agents and/or subcontractors of all ticxs, acts or omissions, performatlce of failuro tv pcri'omn the rights and privileges graryted u»dor this Cont~tcC, to the maxitnum,ex'textt perrrtitted by law or ae defined by 1tCW 4.24.1 t5, as now• enacted or hereafter amended. A hold haflx-losa prcyvisiiott to protect: Kityg County similar to this provision shall be included ire all Contractor or Suboor,tractor ~lgrterzaents trti;erod into by Agenoy in cotljuYfction wily tills Contract. Agency's dvticq uttder this section 17 ~~•l11 survive the oxpiration or CaTl1eC toi7nLnatloiy of Chic coralraot, i8. S CE P age f o:f 12 11;'15;'200' 11:15 FAX 2539314005 Auburn Parks & Rec ii p(,i;;'ri1r, A. T,iabili Tttst~r,~yce Raquiramattts. Notwithstanding arty othEr provision v~rithin this Contract, the Agency shall procure and maintain the foltoaring 1-rtinimwn Limits of lasui'anec and shalt require tlacit• crnttractoxe to pt'octtro and rrtaiatain, 1. Conrnr.-ercial General Liability. (tp include F'toducts-Corr~pletad Operationq) insurance against claims £ox injuria5 to poisons az~ daznagos to property that nosy wise ;Green or in connection with activities under this Contract, (3crtczai 1iebiIity ir~surancE she'll be ac broad ae that provided by Corz~rneraial C;aeneral Lability "riccurrence" Toren CG~0001 (Eci. J 1/85). The i.nsurxnet limits sltall be no less then One Million doll'ar's 01,000,000) oombined sit2glo limit per occurxcnce and Two million dollars (~ 2,000,400) in the aggregate for bodily it>`jury sad property damage Z_ AutamoUi]~ Liability, lr~autatacc Sarviace fot7rt number CA 00 Oi (Ed. 1/80) any auto. If the grant includes the use of automobiles, the Limit of Liability shall be no le®® ll~att One Mi11io'n dollars (~ 1,000,000) per oocu,trenoe. 3_ Woris~ers Compcnsation/Stota GaA• Ii"the recipient or its contractors ltas cmployccs, parties shall provide statutory Workers CotrMpensaticm coverage and Stop Clap Liability fox a li,a~il:no less than One Million dollars 01,000,000) 4. Professional Liability Tf the grant includes the use of Professional SCrviCCS, a Per C1aim/Aggrcgat+e Limit of $ ],000,000. shall bo providocl. B. Jf the grant involves t]te canstniction of a capital project car involves the purchase of equipment ylrcatcr chart $ 5,000,00 in value, the AyTen,cy al~all provide "All Risk" Builders Risk oz Property" coverage for the full replacemcne value of the project/property btyilt/purcha~9cd. King ~;ounty sltall Ua listed tts a Loss payee as our interests may appear, C. Icing County and its ofFcers, officials, omployses and agents shall 11c crn~ered Qs addii:ional insured with, rEapect to liahility arising oat of ectivitios pex£orrt,ed by the Agency and its contractors. Additional Insured Status shall include 1'mdueis-Corxxpleted Gperatinns, D. '1<'o the extent of the A,goilcy's or its contractor's negligence, their insurance respccdivcly shall lac primary irt~ettrFtitce with respect to the County, its o#]ftcers, arxtploy+res and agents, A.ny insurance or salf;insuraace maintained by the Coutrty, and its officers, officials, employees or agents shall :not be subjected to contribution in favor of the Agency or its contractors insutattce attd shall toot benefit their in any wa,y. The Agency's an,d its contractors' insurance shall apply separa,tcly to cacla i>a6ured against whom a claim is made or a lawsuit is brought, subject to the limits of the ins~uer's liabilit}•. E. Coverage shall not be suspended, voided, cance]ecl, reduced in ooverage or in limits except 7,y the reduction of the applioable aggregate 1in~i1: by claims paid, until oftor thirty (30) days' prier wri,ttcrt n,oticc ha4 been ,given to and change in coverage aaoepted by King County. T'. Tlta ittst~rancE provider moat be licensed to do business in tb,e State Of Washington and maint:~it1 a 19est's rating of no lC6B than A v1IT. Tl,c Agency r-ZUSt provide a Certificate of ' T+tsura~nce an,d /tdditioa1al insured Endorsement to file (Exhibit Vlly, and upon written request of the, Couttty, provide a duplicate of the policy as tvidextee of; insurance protection. The Agency sltall ba responsible f'c~i- flee rrtair,tettattce Of their contractors' insurance documentation, Pa~*o 7 oJ' 12 11:15 FAX 2539314005 ~O(7~;'p1r r. If the 11~ency is a Municipal Carpora~tion ox an agency of the State of Washington and is sea f~insured for any of t~l~c tl>ove insurance requiretnetlts, a oartifcation of self-insurance sl~,al] be attached hareto and bo incorporated by refercnc:c a~,cl s1aaJ1 ccr-stit<tte compliance ' with this section. kl. The Agency's duties under this section t$ shall Survive the expiration or earlier, ccrmir~ation ot'thig Agraemont. The R,gettcy understands, ackriowtedges and agroos that for the relevant period of public itise set forth in seetiort 8, the Agency shall ma~ir-tain insurance and name the County as an additional inSUrcd, all of wlticit shall be cons,iS2ent with the rcquireme~its of, this sectivxt 18. 19. lYUN1n)CSC~I~MXN.A',1fYON ANA >~OLlt>vi~ ICMPI~OYM;I~N_ _'al" U~~OJ~'~TJ~TX !~, ndiscr'r~inatioei i~- Emvloyt,~.ent Prcl!vision of Services ,E~irtg County Cade Chapter 12,16 is 9rtoorporiatod vy reforcncc a,® if fully set forth herein and SLlCII rOC~v,1rE•rl7.Cntd apply t0 th15 COritract. During t17e perfonmanGE of th15 Contract, zzcither the ,Agency nor any paiYty subool,tracting under the authority of this Contract shall discriminate or toloratc l~araps,rxlcnl: Otl the basis of race, COLOr, Bella religion, national origin, marital status, sexual orientation, age, or t11e presence o~f ally sensory, metitul, or physical, disebilil:y ir- the employinortt or appl.iostion for employmcatt or in the adrni»iatratYOn ot• deliYCxy of'services or any other benef,+.ts under this Contract. A. ~yondiscrinaination in Sub_c2~,~,Ctit7c Practicoa )(Ci>l'tg County Code Chapter 12.17 ie incorporated by rei'eremcc as if, ;Fully set forth herein and such rcyuirements apply to tk-is Contraot..During the solicitation, sward and term of this Contract, the R,gency Ahall not create bartierE to open and fair opporlun,ities to participate in County contracts or to obtain or oorn~,ete for contracts ar,d subcontracts as sources of supplies, cclu,iprncnt, construction and 6CTV1aC8~ In Considering oJ'Corq from and doing business with subcontractors and suppliers, the Agency shall not discriminate against any person'on the basis of rase, color, religion, Sex, age, national origin, marital status, sexual orientation or the ~rresenam of any mental ar physical disability i» an otherwise qualified disabled parson. C. .Fair Employ~t l'yr~Ctice~ King County Code Chapter 12.18 is incorporated by reference as if fu],ly Set ,forth herein and such roquir¢tnenta apply to this (:ontract, Aurizlg the performanco of this Contract, neither the Agency nor any party muban++iYaotixtg under the authority o;Fthis Contract shall cngago in uni"ailr empioyment practices. D, Comblian.ce with La,~+t~,~rLd Rcgulati.ons The Agency shall comFly fully wit1~ all applicable federal, st<1te and local laws, prdinances, executive orders and rc~*uiations that prohibit ciigorimination. Thoso 1a~~6 include, lout ere npt limited ta, RC:W Chapter d9.G0, Titlos Vl an,d'~l>~ of the Givil Rights pct. of 1964, the Americans with biaabilitie.~q Aot, ar~d tlu Restoratio» Act of 1967. ~. Nondiacriminalio» in 1?m»loycc Benefits l:Cinb County Code Chapter 12.19 is incorporated by reference as if full}~ set fords herein. [f tJtje Cortraet entails a legally binding obligation of $25,000 or more, a»d if the A,gonuy iy 1'~tge $ cif 12 11;'15;'2007 11:15 FAX 253931005 Auburn Parks ~ Rec ~OCiy;'i)1 not a pul~lia entity, than during the pcr;formanoe of this Contract the Agency shall not discriminate in the provision of employee bene~iits betwvcn ar em~iloyec with a spouse and a», c7mp]oyee witr a domcatic partner or an, employee who resides with a legally domia.iled member o'f household, Agency Hereby a,greC9 not t0 discriminate in the provision of employee benefits as provided for its K.C,C. chaptor 12.19, F. SattoticmA Pot Y~c~~ ions Any violation of the nYand~alaty rccluirements of the provi5ior15 of this Stlction shall be a matorial l~reaoh of enrttract ,fqr which tiro A~enay xnay be aubjeot to damagos, withholding, payment and ally other sanctions provided far by the Contract and by applica,blc lo.w, Cx. 1, Tl>e .Agency ertteriztg into, a eosttraot or agreement with YCing County valued at 825,000 or moro shall suUrxtit with this Contract a total Personnel lnventary Report prvvi+iing emp]oyrztent data for minoxlttC~, fcn`Ia1eA, and persons with disabilities, Subjcei to the provisions of KCC Chapter 12.1(.pGO, the Agenoy's Personnel Ynvcntory Report shall be C£fcctive for iwo years after 1:1a~ datE oo, which the retort vvas submitted. 2. The Agency entering into a eozttract with King County valued ~t r,~Orc Phan $25,QpCl, ar oontracts which in the aggregate have a value to tl~© Agency of mare than $25,OOo should submit an Ai:'i'td,avit oi' Compliance in the form provided by the Co~rnl'y. demottstratiytig commitment to comply with the provisions of KCC Chapter 12.16 ;n accordance with paragraph A ofthis Section. 19. Z0. STCTION_~Q4 A,NAr ,~M,~R,iCa-NS VV,~TI3 DI ,@,~~LI'a')<TS ACT The A,getacy shall complete a 504/AD1~ 6e1~ T;valuatio~i Quostiannaire for all proms and services ok'fered t,y the Agency including any Se:rviees not subject to this Contract) and shall ovalttata its aOri+iCeS, programs and employment practiced i'oz cvmplian,cc witlti Seotion 544 of the Rehabilitation Act of 1973, as amended ("5o4") and file Americana with T~isabilities Act of 1990 (°'AAA."). The A,gcucy shall connplato a 504/ADA Assurance of Campliaree, and corrcctlvc action plan as needed for structural, prvgra,tmlrtatie, and/or servioe changes necessary at each of its premisos witltirt the 3tmte of Washington to comply wii1150~ and the ADA, and it is attached ae an exhibit to thi® Contract az~d iroorporated heroin by refercticc. 271. CONFLiI:'I' OIi' INTEREST KCC Chapter 3.04 (Emplvyec Code of Ethios) xa incorporatocl by rc~'crence as if fully sot forth lacnee, and t77E Agency agrees to abide by all ennditio»s of said chapter. Failure by the ,agency to comply with any requirement of said Rt'.C. Chapter she]] be a material breach of contract. 22. PULITI<C'A~ ~,4.CI'JY><'1<'3t P~tOHf.BiTED None of tho funds, n~aterialS, property, or services provided directly er indi~•ectly under this Contract shalt bo usod for any pa,ttiean political activity or to further the election ox de.fcat o'!' any candiC181,C !'Or'ptll~liC o~CE, I~a~;c 9 of l2 11%15;'2007 11:16 FAX 253931005 23 24. 25 2G. Auburn Parks & Rec ~Olii/t~lr~ >P1:,tOJECT 1v~ATNTENANCE; EOTJCPMEN~' PUACHA~E, h+[~1yTENd-_xC~, ,~,ND ,4. A-s between the County artd the Agency, 1J~,e Agency steal] be xeeponsihte to operA,te at~d maintain the eompl~ted pzojact at its own sole expense and risk, The Agency shall maintain th,o completed project in good worki'n,g oos~d;tion consi6tCi7t with applicably star~,dards and. guidelines. The Agency understands, aclrnowledges, and agrr:OS that tt~o County iq not rcepansih]e to operate or l;o maintain the project in auy way, D. The ,A,y~cnoy shall be responsible for al] property purchased pursuant to tk~is Cuntr'act, including the prover care sold maintenance of any oquipment. C. 'The Agency steal] oatablieh and maintain i,riventory records and transaction docuxncmts (pu7chase requisitions, packing slips, invoices, receipts) of cc}uipment and materi.alq purcha~scd with Co»tract fu»de. 1?. The Agcncy'e ci,utieA under this aoetian 23 shall survive tho expxt~,tion of tlzi,s Agreement. NOT>cCES Whenever this Contract provides for notice in be provided by cite party to an.othcr, such notice shop he: A. 1',n writing; and i3. Directed to the person specified in gcction 4 of C1ti~ Carttract. C. Arsy such notice shalt be deemed to have been given oat t11o dato p;f delivery, if mailed, on the third (3rd) business day foilowir~g the date of mailing; or, if sort by i"ax, os~ the first (1st) buss»es5 day followix-g the day of delivery thcrcoi'by fax. Not7cc Beni solely Uy a-mail shalt not be a suira;ent form of notice u,ndor thi,e Contract, D 1/ither party may change ire address, fax nu».Ucx or tl~e name of tt~e poison indicated as the racipicrtt by r-otice to the oi:k~cr in the manner afvresaid, In the evont of intcrruptiom or threatened intctrtttption in postal eCrvioe, such notice shell'bc deliwercd addressed aq aforcr*sid or sent by fax. _.. !llL.t_E .\M The Agency sh~ttl not assign any portion of rights and obligations tmdcr this Contract ox transfer or assign any claim arising pur5ua~nt to this Corttraat witl)OLIt the ~w;riltest consent of the County. The Ageney must seek etiich ernt~scnt in writing not 1eFA than fifteen (]. S} days prior to the dare of any ,proposed assi~afiertt. CON'fi~,~-CT A]rvL~NDN~tEN~'S Either parry may request cliarxges to this Contract. 1'ropoHed changes tlts~t tiro mueually agreed upon shall bo incorporated icy written atnenc'3mcnta to this ContrESCt. lyttgc ] Q n f 1 ~ 11;~'15I2007 11:16 FAX 253931400fi Auburn Parks & Rec 2y. ~:3. 29. 30. 31. 32. 33 ~U11;%01~~ Wai,vcr cif any dci"ault shall not be doerned to bo a ws,ivcr of arty ®vt~sequent dEfault. VJaivor or broach of any provision of the Contract shall not be deemed to be a waives of any other or subsocluant breach anal eha,il not Us oondt7uad to be a modification of th© terms of the Gdntt~act unless stated to be such through written approval by the Cc-unty, which shall be attached to the original cor~tra~t_ '1"he l~.gct,cy agrce5 to ptty on ~+ cunrcnt basis all, ta7ccg or assaesAments levied on its activitios and property, including, without limitation, any leasehold cxeiac tax due u~~der 12,C;W Chaster 82.29A; PROV>~LaD, howover, tl'-at nothing conta,inod horein will modify t17~ rlglat of tk>tie Agency to ao~test any 8ttoh taz, ettd the Aganey will not bo deemed to be in dci'ault as long as ii: will, lo, gooel faith, be cotttestiing fine validity ox at~,ou>4wt of any sucks taxes. V4rASHING'TON 1<.AW CON'><'1[~OLL1rNG; WHERE A.C')<'1<O.N6 J3ROUG,HT This Contract is mado in and, will bo in accordt-nce with Clue law® oFthe 5tatc oF'11V'ashington, which will be controlling in any dispute that azisc9 baraundex. ~etionA pertaining to this C'ntttYaot will be Drought in King C;ovu,ty Superior Cavrk, XCing County, Washington- PA~.RA.CRAPH HEA,AINGS~ The palggraph headings contained ~Hetein are only for cottvenie'nce and reference and are not intended to be a raxt of this Contract, oX i~ an,y manner to define, limit, or describe the scope or intent of this Contract or the particular parsgapbs to which they refer- This Contract will be considered a p>,iblic dacumont and will be available for ir»poction anc9 copying by the public. LEG~+,,I, JLiELA'>r'IONS Nothing eonialned hcro~n, will >rr~ke, oY be deemed to make, the County anal the Agency a partner of one an.otller, and this Contract will not be eon6trued es creating a partnership or joint venture. Nathin~; in this Contract will Create, or be dcemc$ 1,o create, any right, duty yr obligation in any person or entity not a party to it, S~lCi7LAR AND~'~-U Wlieravar the context will so require, the singular will includ,c flee plural and plural will include the singular. r;tgc 1 1 0'f 1 11,'15;`200. 11:16 FA); 2539314005 Auburn Parks & Rec ~u12;'C~'F~ 34. p~RMITS AND L)CCEN9ES. '1'',he~ ,p,gc~cy will obtai~~ and maintain, at its owrl and sole costs and exponso, all necessary permits, licenses and a}~provals required for the proJcet. 35. INTERPR.F.TATXON OI+ CO~FIV'tY ItLTL.I~S AND YtEG~C7LATION~ IF there ie any queStaOt~ regarding the ir~telpretation of any County nIle or regulation, the Gouni~~ dcoisicm will go~/'orn a~ad will be bindirtg upon the ,A.gency. 3G, FOI.ICE k'OWER.S OF TIC COLIN_T~ Nothing s:gr-taincd ir- this Contract will C~1T711n1911o or bo deemed co diminish, the governmental or police powers o1° the County, 97. ENTIRE AG~~~ENT This Contract, imeludirlg its attaohrricni's, constitutes the entire Contract betwoon the County and the p~gency. l;t euperFCdcs aJT, otklcr agreements atld undorstaadings betwoon thc~m, w17~Qh~r written, oral or otherwise. KING COUNTY A(~PNCY FOR King C only Lxecuti Signature `~ a. Date NAME ( 1case type or print), Title Rate I~ ~~ ~ Pale 1 z of 1 ~ 11,E 15;~ 200 ~ 11:16 FP,M 2539314005 1,7,108/2007 11:21 2062636217 ti v m W Auburn Parks & Rec KING COUNT4' PARKS W LL a ~'~ r ~+~ c~ z c~ ~_ ~~ z A~ k ~~'1=~''!1'- PAGE 14 ~~ta+~'t°s~'C "~ J Q 11;~'15;~'2007 11:17 FAX 2539314005 11/06/2007 11;21 2062636217 Auburn Parks & Rec KYNG COUNTY PARKS X014/i)1~~ PF~GE 15 { ~V ~ ~~ S L •n ~ ~ r,.-~ --F- .~ ~. v 3