HomeMy WebLinkAboutITEM VIII-B-1e;
CITY OF ~ o *
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_~~~~`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
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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
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