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HomeMy WebLinkAboutITEM VIII-B-1e; CITY OF ~ o * ~ _~~~~`WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Youth Sports Facility Grant Acceptance for Brannan Date: January 27, 2009 Park Field #4 Im rovement Department: Parks, Arts and Attachments: Resolution 4441 and Budget Impact: Recreation Youth S orts Facilit A reement Administrative Recommendation: City Council adopt Resolution No. 4441. Background Summary: Auburn Parks, Arts and Recreation submitted an application for a 2009 Youth Sports Facility Grant from King County in the amount of $50,000 to improve Field No. 4 at Brannan Park. The grant requires a match from the City of $21,750.00, and $7,250.00 match from a community partner, which in this case is Auburn Youth Soccer. The improvement is envisioned to include making turf improvements to the soccer field overlay area located over the right and right center field area of the baseball field. It will further enable regulation soccer play in the north-south direction so that the field crown will slope from midfield to the north and to the south in equal fashion; and it will add fencing on the north and south ends of the field to prevent vandalism to the surface and to keep balls in play, as well as installing spectator bleachers on concrete pads. We were advised in December that our grant application was awarded, and contract D38607D was forwarded for approval and signature. Together with a previous Youth Athletic Facilities Grant, the improvements to Brannan Field No. 4 are significant and greatly enhance the usability of the fields at Brannan Park. Staff requests that Council accept these grant funds. When received, and the project is completed, sports teams and spectators will benefit from the playing surfaces and the new amenities. It will also eliminate vehicle intrusions on playing surfaces, thereby decreasing maintenance time and expense. R0202-1-1 F5.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services 0 Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal p Police ❑ Planning Comm. ❑ Other Museum Board ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _ Tabled Until Councilmember: Norman Staff: Faber Meeting Date: February 2, 2009 Item Number: VIII.B.1 AjJ$jjRN *MORE THAN YOU IMAGINED RESOLUTION NO. 4 4 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING ACCEPTANCE OF A KING COUNTY 2008 YOUTH SPORT FACILTY GRANT (YSFG) TO MAKE SURFACE IMPROVEMENTS TO FIELD NO. 4 AT BRANNAN PARK WHEREAS, King County is the manager of the YSFG program; and WHEREAS, the City of Auburn is a public agency whose land will provide recreational and athletic opportunities to youth of the community under the age of 21 years; and WHEREAS, King County has selected the City of Auburn to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities for their population; and WHEREAS, the City of Auburn will develop, program, operate, and maintain this facility to address a recreation need in King County; and WHEREAS, King County is authorized to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the public, NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON, HEREBY RESOLVES THAT: Section 1. The Mayor is authorized to enter into a contract with King County Parks to accept the Youth Sports Facility Grant funds. Section 2. Any funding assistance received shall be used for implementation of the project referenced above. Resolution 4441 January 9, 2009 Page 1 of 2 Section 3. This resolution shall take effect and be in full force upon passage and signatures hereon. SIGNED and DATED this day of February, 2009. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPRDVED AS T~? FORM: B. Heid, CiFy Atto'Fney Resolution 4441 January 9, 2009 Page 2 of 2 KiNO~ CD1~lN~l Pp~'.S ` ~ ~ICLgCaa~ty .J YOUTH SPORTS FACILITY GRANT CONTRACT - 2009 Department/Division Agency: Natural Resources and Parks / Parks Division Auburn Parks and Recreation Project Title: Brannan Park Field Improvements Contract Amount: $ 50,000 Contract Period From: Contract Number: Fund Code: 1638 January 1, 2009 To December 31, 2010 D38607D THIS CONTRACT is entered into by KING COLTNTY (the "County"), and Auburn Parks and Recreation (the "Agency"), whose address is 910 Ninth Street SE, Auburn, WA 98002, WHEREAS, King County is the manager of the Youth Sports Facility Grant (YSFG) Program; This form is available in alternate formats for people with disabilities upon request. WHEREAS, the Agency is either a public agency ar a non-profit organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the Agency and/or landowner whose property will receive these improvements will develop, program, operate, and maintain the facility to address a recreation need in King County; WHEREAS, King County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the public, • 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: 1. 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 • Budget Attached hereto as Exhibit II ~ Invoice Voucher Attached hereto as Exhibit III ~ Reporting Attached hereto as Exhibit IV ~ Design Documents Attached hereto as Exhibit V ~ Insurance Certificate Attached hereto as Exhibit VI ~ W-9 Attached hereto as Exhibit VII ❑ Equal Benefits Attached hereto as Exhibit VIII ❑ Personnel Inventory Report (K.C.C. 1216) Attached hereto as Exhibit IX ❑ Affidavit of Compliance (K.C.C. 12.16) Attached hereto as Exhibit X ❑ Assurance of Compliance/Section 504 Attached hereto as Exhibit XI 2. TERM OF CONTRACT This Contract shall corrunence on the 1 st day of January, 2009, and shall expire on the 31 st day of December, 2010, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at: Brannan Park, Auburn Commonly known as {Brannan Park Field}, and referred to herein as "the Premises." 4. PARTIES All communication, notices, coordination, and other tenets of this Contract shall be managed by: On behalf of King County: Butch Lovelace, YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelace(~a,kingc ountv.gov Phone: 206.263.6267 On behalf of: Daryl Faber Auburn Parks and Recreation 910 Ninth Street SE Auburn, WA 98002 Email: dfaber@auburnwa.gov Phone: 253.931.5106 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract expires or is terminated. 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. 6. OPERATING BUDGET When a budget is attached hereto as exhibit II, the Agency shall apply the funds received from the County under this Contract in accordance with said budget. If, at any time during the Term of this Contract, the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed 10% of the Contract amount, then the Agency shall request an amendment to this Contract. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. County approval of any such amendment shall not be unreasonably withheld. 7. COMMUNICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, whichever comes first, the Agency shall install on or near the facility a plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction, and at the final project dedication. C. Written material: The Agency shall recognize King County Parks as a fiscal sponsor in all brochures, banners, posters, and other promotional material related to the Project. 8. PUBLIC ACCESS; PRIORITY OF USE; SCHEDULING The Agency shall to the greatest extent reasonably possible make the project available for use by the general public without imposing unreasonable requirements for public use. The Agency shall to the greatest extent reasonably possible give priority of use to persons under the age of twenty- one. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County. The period of time that the Agency must provide public access and priority of use is based on the level of County funding as set forth below. If the facility is removed from public recreational use before the end of the specified period, then the Agency shall reimburse the County's funding on a pro rata basis, deternuned by dividing the number of years of lost public use by the total years of required dedication, multiplied by the total County grant amount. By way of example only, if the County makes a$10,000 grant to Agency X, then the agency's project must be dedicated to public use and priority of use by youth for 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost, then Agency X must repay the County $4,000 (2/5 * 10,000 =$4,000). Range of County Grant Required Period of Dedicated Public Use/Youth Priority 0-$14,999 5 $15;000-$29,999 g $30,000-$49,999 12 $50,000-$75,000 15 If the completed project is subject to scheduling or reservation for use, then the Agency shall post the use schedule and the Agency's scheduling or reservation policies, practices, and information in a highly visible location near the project and/or on their website; and the Agency shall permit the public to schedule or reserve use of the completed project consistent with the requirements of this section 8. Agency's duties under this section 8 will survive the expiration or earlier termination of this contract. 9. GREEN BUILDING King County is committed to promoting and using green building practices in construction projects. Though not required, King County strongly encourages practices that conserve resources, use recycled content materials, maximize energy efficiency, and otherwise consider environmental, economic and social benefits in the design and construction of a building project. 10. 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 in accordance with Revised Code of Washington (RCV) Chapter 40.14. Page 4 of 12 A. The County may terminate this Contract in whole or in part, with or without case, at any time during the Term of this Contract, by providing the Agency ten (10) days advance written notice of the ternunation. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Agency by the County. C. Any King County obligations under this Contract beyond the current appropriation year are conditioned upon the County Council's appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Contract will terminate automatically at the close of the current appropriation year. 16. FUTURE SUPPORT; UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Contract. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the construction, operation, maintenance, or use of the project contemplated herein. 17. HOLD HARMLESS AND INDEMNIFICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold harmless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Contract, or the Agency's exercise of rights and privileges granted by this Contract, except to the extent of the County's sole negligence. The Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents; and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW. but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is deternuned that RCW 4.24.115 applies to this Contract, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. Page6of12 E. 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 thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VIII. The Agency must provide a Certificate of Insurance and Additional Insured Endorsement to the (Exhibit VII), and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. 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. H. The Agency's duties under this section 18 shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this section 18. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Emplovinent Provision of Services King County Code Chapter 12.16 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 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. B. Nondiscrimination in Subcontracting Practices King County Code Chapter 12.17 is incorporated by reference as if fully set forth herein and such requirements apply to this Contract. 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 discrimiriate 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. C. Fair Employrnen.t 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. Page8of12 KCC Chapter 3.04 (Employee Code of Ethics) 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. 22. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 23. PROJECT MAINTENANCE• EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to inaintain the project in any way. B. The Agency shall be responsible for all property purchased pursuant to this Contract, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Contract funds. D. The Agency's duties under this section 23 shall survive the expiration of this Agreement. 24. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the person specified in Section 4 of this Contract. C. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1 st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall not be a sufficient form of notice under this Contract. D Either party may change its address, fax number or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. In the event of interruption or threatened interruption in postal service, such notice shall be delivered addressed as aforesaid or sent by fax. 25. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. The Pagel0ofl2 Nothing in this Contract will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 33. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 34. PERMITS AND LICENSES The Agency will obtain and maintain, at its own and sole costs and expense, all necessary permits, licenses and approvals required for the Project. 35. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 36. POLICE POWERS OF THE COUNTY Nothing contained in this Contract will diminish, or be deemed to diminish, the governmental or police powers of the County. 37. ENTIRE AGREEMENT This Contract, including its attachments, constitutes the entire Contract between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY AGENCY: CITY OF AUBURN FOR King County Executive Date Signature Peter B Lewis, Mayor NAME (Please type or print), Title Date ~K Page 12 of 12