HomeMy WebLinkAbout4265RESOLUTION 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.
--~~y~ F AUBURN
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_ _ _ ~___
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PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPRQVED i.4S TO FORM:
Daniel B. Hem, City Attorn
Resolution No. 4265
November 8, 2007
Page 2
King C~utaty
Department of Natural Resources and Parks
parks and Recreation Division /~/
~~ ~ ~ ~~
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YOUT):3 SPORTS F~CILY'T'X CIRANT CON'~RACT - 200~"~`~ '%, ~~af.
(1 t rr
Dcpaxtnncnt/Division Natural Resources and Parks / Parks Division ~~.'
Agency: Auburn Parks & Recreation
Project Tit].e: Game Farirta Park Soccer Fields ~ _
Contract Amount: $ 75,040 _ __ Fund Code: X638
Contract Period From: .Tanuary 1.2007 'T.'o Aecextaber 31, 2008 .
Cont7aet Number: D37397D
THIS CONTRACT is entered. into by TANG COUNTY (the "Coun.ty"), and Au.l?urn Parks ~~ Recreation (the
"Agency"), whose address is 910 Ninth Street SE, Aubtn-n,17V~, 9~Q02 ,
WpILREAS, King County is the manager of the Youth Sports Facility Grant (YSFG) Program;
WHEREAS, the Agency iG either a public agency or a non-profit organization whose land or facility
will pro~lde recreatiorial or athletic opportunities primarily to youth under 21 years of a,ge;
WHEREAS, King Coun.ly h..as selected the identifxcd agency to be awarded a Youi:h Snorts Facility
Grant to assist in capital improvements for increased. rccreation.al opportunities;
WHEREAS, the Agency and/or landowner. whose propatty wilt receive i^hese improvements will
develop, proi;rarn, overate, and maintain the facil.i.ty to address a recreation need ire King County;
WFIEREAS, King County h.as tl~e authority under KC Ordinance 10454 to enter into agreements for.
the u.se of King County funds by public agencies and/or non-profit organizations to provide a service
to the publ.i.c,
This form is available in alternate formats for
people with disabilities upon request.
F'agc 1, of 12
NOW THEREFORE, in consideration of paynie~~ts, covenanig, and agreements hereinafter. mentioned, to be
made and perfor. rned by the parties hereto, the pat~.ics covenant and do mutltally agree as follot~vs:
SCOF ~ OF SE)(2,V1<CES
The Agency sha11 provide services and comply with tlae requiremcn.t's set forth hereinafter and in
th.e .following a.ttaehed exhibits, which are incorporated herein by referEnce:
,..~.._
Scope of Serviocs -
A.ttac}acd hereto as Exhibit I
® Budget Attached hereto as Exhibit II
® Invoice Voucher Attached hereto as Exhibit III
® Reporting l~ttached hereto a.s Exhibit N
Design. T~ocuments Attached 1--crcto as Exhibit V
® insurance Certificate Attached hereto as Exhibit VI
~ W_q Attached hereto as i/xhibi.t VII
^ personnel Invcntary Report (IC.C.C. 12.iG) Attached hereto as Exhibit VIII_
^ Affidavit of Compliance (IC.C.C:. 12.16) Attached hereto as Exhibit 1X.
^ Assurance cf Compliance/Section X04 Attached hereto as Exhibit :~
TERIVI OF CONTRACT
This Contract shall commence on I:he 1st day of Januaiv, 2007, anal shall expire on the 31st day of
Deccxnber., 2008, Unless extended or. fermi;gated carl,ier, pursuant to the terms and conditions of the
Contract.
3. PREiVIISES
This grant project is located at:
Game Farm Park, .Auburn, V~lashington
Commonly lcuown as Gamc Farm Park, and referred to herein as "the Premises."
4. PAl<tTYLES
All communication, notices, coordination, a.n.d ether tenets of this Contract shall be managed by:
Chi behalf of Icing County:
Butch Lovelace, Y5PG Program Manager
King County Department of Natural Resources and Parks
201. South Jackson Street, SUl.te 701
Scat~tle, WA 98104-3855
Email: hutch.lovela.ccf~~rnetrokc.eov '
Phone: 2UG.2Ei3.G2G7
Page 2 of. 12
On behalf of
Daryl Faber, Director
Auburn Parks ~ Recreation
9 i 0 Ninth Street SE
Auburn, WA.98002
T?mail: dfaber@auburnwa.gov
Phone: 253.931.3043
5. COlv><1pFlvSATTOIy AND .METHO>n OF rAYIViENT
A. The County shall rcin~burse the Agency for satisfactory completion of the services and
requirements specified in this Contract aster t:lte agency submits an i»~voiee and all
accompanying reports as spccif ed in the attached exhibits. The County will initiate
authorization for paysxlent after approval of corrected invoices and reports. Th.c County shall
tnalce payment to the tl.gency riot more than 30 days after a complete and accura.tc invoice is
received.
T3. The Agency shall submit its final invoice and all outstandixzg r. cports within 15 days of the date
this Contract expires or is tcnminated. If the Agency'sfina] invoice and reports are nvt
submitted by the da.y speeifred in this subsection, the C;oun..ty will be relieved of all liability for
payment to the Agency of the amounts set forth in said invoice or any subsequent invoice.
G. UPERATiIVG I3LmGF.T
When a budget is attached hereto as exhibit l:i, the Agency shall. apply the funds received from the
County under this Contract in accordance with said budget. Tf, at any time dust,»g the Term of this
Contract, the Agency expects that the cumulative amount of transfers among the budget categories,
i.e. Project Tasks, rrt.ay exceed 10% of the Contract amount, then the Agency sha11 request an
amendment to this Contract. Supporting documcn>~s ncccssan~ to explain fu11y the stature and
purpose of the an~.e».dmcnt must accompany each, renucst for an amendment. County approval of
any such amendmenl. shall not be unreasonably withheld.
7, COlt'~MITPi.ICATI01~1
The A,gc»,ey shall recognize King County Parks as a fiscal sponsor for the grant project in the
following ma»ncr:
A. Plague: At the time of project completion or dedication, whichever comes first, the !\gency
shall install on or near. the facility a 4" X G" plaque provided by the County that notes Ding
County as a fiscal sponsor.
L'. Events; The ~4.geney shall invite and recognize King County Yarks at all everts promoting the
project during construeti.on, and at the final project dcd.ieation.
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.
S. FLTIiLIC ACCESS; PRiO>Ft.LTY OF iJS)C~_5CH)EU~CIx,)I;NG
The AgEney shall to the greatest extent reasonably possihlc tnalce the. project availab]e for use by the general
public without: ita~posing unreasonable requirements for. public usr.. The Agency shall to the greatest extent
rcason.ably possible give priority of use to persons under I:hc age of twenly-
Rage 3 of 17
one. Fees for use of the project shall be no greater than those generally charged by public
operators of similax facilities in King County. The period of, time that the Agency must provide
public access and priority of use is based on tb.e 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, determined by dividing tJe
number of years of lost public ugc by tl~e total years of requixcd dedication, multiplied by the total
County grant amount.
Fly 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 anal priority of use by youth for 5 years. if Agency X
eliminates public access to the pxojeet at`ler 3 years, such that: 2 years of public access and youth
priority are lost, then Agency ~ n;~usi:.rcpay the County $4,000 (2/.5 '" 1.0,000 = $4,000).
Ranbe of County Gra~it Ytegnixed PerKOd of AedicatEd Pnbl.ic LiselYonth )prlolCii#y
0-$14,999 5
$15,000-$29,000 8
$34,400$49,000 I2
$50,000-$75,040 t 5
Zf the completed project is subject 1;o seheduli.ng or reservation for use, then the Agency shall post
the use schedule and th.e A,gcney's scheduling or reservation policies, practices, and information in.
a highly visible location near. the project; and the Agency shalt permit the public to schedule or
reserve use of the completed project consistent with the rcquixcn~ents of this section S.
A,geney's duties under this section 8 will survive the expiration or~carlier termination of this
con.txact.
9. G)L1;EEN )3UTLDTNG
King County is committed to promoting and using green building practices in construction
projects. Though not required, King C".ounty strongly encourages practices that conserve resources,
use recycled content matcri.als, maximize energy efficiency, and othcrvvise consider environmental,
economic and social benefits in the design. and construction of a building project.
10~. IN'1rERNAlI.~ COIVTROJ<. AND ACCO'CiNT)<NG SXSTEM.
The Agency shall establish and maintain a sysicm of accounting and internal contrvis which
complies with applicable, generally accepted aceoun.tin.g principles, and governnren.tal accounting
and financial reporting standards in accordance with Revised Code of Washington (1.ZCW) Chapter
40. l 4.
11. MA>lNT['ENANCE OF RECORp4
A, The Agency shall maintain accounts and records, including personnel, property, financial,
a.n.d progra.mrnatic records and other such records as may be deemed necessary by the
County to ensure proper accounting for all Contract funds and compl.iancC with this
Contract.
Pane 4 ~~f 12
B. ~cse records shall be mainta.izted for. a period of six (6) yew's after the expiration or earlier,
termination of this Contract tmless permission to destroy them is granted by the Office of the
Archivist in accordance with Revised Cocic of Washington (RCW) Chapter. 40.14.
C. The .A.gency shall uifonn the County in writing of the location, if different from the Agcn.cy
ad.dxcss listed on page one of this Contract, of. the aforesaid books, rccoxds, documents, and
othex evidence and shall notify the County in writing of any changes in location within ten
(10) working days of any such relocation.
i2. R><G~~' TO INSPECT
King County xeservcs the right to review and approve the performance of Agency with regard to
this Coniaact, and, at its sole discretion, to inspect or. audit the Agency's records regarding this
Contract and the Project upon reasonable notice during normal business hours.
)13. COMPLIANCE WI')cI~ AT,i, i.AWS AND REGIJI.A,T)(ONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all
applicable laws, ordinances and r~;gulati.ons in using funds provided by the County, including.
without limitation, those relating to providing a safe working environment to employees and,
specif call.y, the requirements of the Washington industrial Safety and health ,A,et (WISHA); and,
to the extent applicable, those related to "public worl~s," paymen..t of prevailing wages, and
competitive bidding of contracts. The Agency specifically agrees t<~ comply and pay all costs
associated with achieving such ec~mpliance without notice from King County; and further agrees
that King County, does not waive this section by giving notice of dcrrtand for. compliance in any
in.stancc. '1'bc A.geney shall indemnify and defend i:he County should it be sued or xnadc the
subject of an administrative investigation or hearing for a violation of such laws related to this
Contract.
14, COIE~tECTIVE ACTION
A, If the County determines that. a bxeaeh of contract has occurred or does not approve of the
.Agency's pexfotxnance, it will give the ,A,gency written notification of unacceptable
pexformance. The t\geney will then take corrective a.etion. within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to the
Agency,
B. T1ie County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
15. TEItM><NA~'ION
/-1. Tl.ie Cow.ity may tcrtninatc this Contract. in whole or i.n part, with or. without case, at any
time during the I'cnn, of this Conh~act, by providing the Agency ten (10) days advance
written notice of tke termination.
13. Tf the termination results from acts or emissions of the Agency, including but not limited to
m.isappropri.ation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to tltc County immediately a.ny funds, misappropriated or u~~expended,
which have been paid to the Itigen.cy by the County.
Pane 5 of l 2
C. Any Ki,r~g County obligations under this Contract beyond the current appropriation year are
conditioned upon the County Counci.l's appropriation of. suf.Fcient funds to support such
ahligations. rf the Council does not approve such appropriation, then this Contract will
terminate automatically a.t the close of the curxent appropriation year.
16. FUTURE St1PPOR'>('• [iT>r)L)[TJ.F,.S AND SEIZ~JCF
The County tnalces no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted fox hcxci.n except as expressly set forth in
this Contxaet. The Agency understands, acknowledges, at~d agrees that the County shall not be
liable to pay for or to provide any utility.cs or services in connection with the construeti.on,
operation, maintenance, or. use of the project contemplated herein.
1.7. FOLD DA.ILESS AND INDE1va.N.1~iCA. ION
The tl.gen.cy a~7ees for itself, its successors, and assigns, to defend, indemnify, and held harmless
King County, its appointed and elected officials, and employees .from and against liability fox all
claims, demands, suits, and judgments, including costs of defense thereof, fox injury to persons,
death, or property damage which is caused by, arises out of, or i.s incidental to any use of ox
occurrence on the 1'rojeet that is the subject of This Contract, or the Agcney'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 ilcfense and provide defense to tl~e County at the
Agency s ow-n expense;
I3. ln.demnification of claims t»ade by the ~1.geney's employees or agents; and
C. Waiver of the .A,gency's immunity under the industria] insurance provisions of Title 51
RCW. but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the patties.
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 he recoverable from
the Agency.
in the event it is determined that RCW 4.24.11 applies to this Contract, the Agency agrees to
protect, defend, indemnify and save tb.e County, its officers, officials, employees and agents from
any and all cl.a.ims, demands, suits, penalties, losses damages jud~?ents, or costs of any kind
whatsoever for bodily injury to persons or damal;e to property (hereinafter "claims"), arising vut of.
or in any way resulting Pram. the Agency's officers, er».ployees, agents and/or. subcontractors of all
ticxs, aci:s or omissions, performance of failure to perform. the rights and privi,lcgcs granted under
this Contr2.et, to the maximum.extcnt. permitted by law' ox as defined by 1ZCW 4.24.115, as now
enacted or hereafter amended.
A hold harmless provision to proteei: King County similar to this provision shall be included in all
Contractor or Suheontractor Agreements entered into by Agency in conjunction with this Contract.
Agency's duties under this section 17 will survive the expiration or earlier tenni.nation o:F this
contract,
IS. 1NSUR~INCE
Aa~c6of1?
A. i iabili_ty_Insurance Requirements. Notwithstanding any other pxovisi.on witb.in this Contract,
the Agency shall procure and maintain the fallowing Mini~ntun Limits of Insurance and
shall require their canlxaetors to procure and maint<in:
1. Cor~nxoercial General Liability. (to include Products-Completed Operations)
insurance against claims for, injuries to persons or damages to property that m.ay
arise firom or in connection witl~ activities under this Contract General liability
insuranc€ shall be as broad as that provided by Cotx~.mercial General Liability
"occurrence" forn~ CCJ0001 (Ed, l 1185).
The insurance limits sl~.all be nc less than One IVlillion dollars 01,000,000)
combined single limit per. occurrence and Two million dollars (~ 2,000,000) i.n the
aggregate for bodily injury and praperty damage
2. Automobile Liability. Insurance Services Form number CA 00 OI (Ed. 1/80) any
auto. If the grant includes the use of automobiles, the Limit of Liability shall be no
3ess than One Million dollars ($ 1,000,000) per occurrence,
3. Workers Compensation/Stob Gate. 1f the recipient or its contractors has employees,
partXes shall provide Statutory Workers Compensation coverage and Stop Clap
Liability for a limit no less than One 114illion dollars (81,040,000)
4. Professional Liability. If the grant includes the use of Profession.a.l Servi.ees, a Per
Clairn/Aggregate. I.imil a.f $ 1,400,000. shall be provided.
B. If the grant involves the constn~ction of a capital project or involves the purchase o£
equipment greater than $ 5,000.00 in value, the Agency sha1I provide "Alt Risk" Builders
Risk or Property" coverage for the full replacement value of the project/property
builtlpurcha.sed. King County s1~a11 be listed as a Loss payee as our interests may appear.
C. Icing County and its officers, officials, employees and a.gcnts shall be covered as additional
insured with respect to liability arising out. of activities pe:rformcd by the Agency and .its
contractors. Addiiyo»al Insured stariis shall include Products-Completed operations.
D. ~'o the extent of the Agency's or its eontraetar's negligence, their insurance respectively shall.
be primary insurance with respect to the County, its officers, employees and agents, Any
insurance or. se]~ insurance maintained by th.e County, and its officers, officials, employees
or agents shall rot be subjected to cantrihu.tion in favor of the Agency or its contractors
insurance and shall not benefit their in any wa.y,
The Agency's anal its eontra.etors' insurance shall apply separately to each insured against
whom a claim is made or a lawsuit is broug]at, subject to the limits of tl~e insurer's liability.
)/. Covera.ge sbal.l not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by cl.ai.ms paid, until after thirty (30) days'
prior written! n.oticc has been given to and change in coverage accepted by King County.
F. The insurance provider must he licensed to do business in the Slate of Washington and
maintain a Pest's rating of no less than A VITT. The Agency must provide a Ccr•tificate of
Insurance and Additional li~surcd Fn.dorscment to the (Exhibit VII), and upon written request
af. 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,
Page 7 o.f' 12
G. if the 11gen.cy is a Municipal Corporation or an agency of the State of Washington and is
scl f insured for any of the above insurance requirenrzetl.ts, acertification of self-insuran.ee.
shall be attached hereto anal be incorporated by reference anal shall constitute compliance
With tills section.
H. The Agency's dut7cs under this section 18 shall survive the expiration or car.licr termination
of this Agreement. The A.gericy understands, acknowledges and agrees that for the rcl.cvant
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 wiill the requirements of this
section. 18.
19. NUNI)ISCRI)1~'IT1N.hTION ANri EQLI,Ai ~+ IVIi'LOYM:.~+ N'1C OPPORTU1~lITY
A. Nondiscrimination in Empl.oytr~ent Provision of Servic~;s
1Cin~; County Code Chapter 12.16 is incorporated by reference as if fully set forth herein and
such requirements apply to this Contract. Dirins the performance of this Contract, zt.eit}ter
the ,Agency nor airy party subcontracting under the authority of this Contract shall.
discriminate or tolerate harassment or, the basis of race, color, sex, religion, national origin,
marital status, sexual orientation, age, or the presence o'f any sensory, mental, or physical
disability in the employment or application for employment or in th,c administration or
delivery of services or any other bcn.ef.ts under, this Contract.
A. Nondiscrimination in Subcontracting Practices
)(Cing County Code Chapter 12.17 is incorporated by referctlcc as i,f. ;['idly 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 opportuttities to participate in
County contracts or to obtain. or eornpete for contracts and subcontracts as sources o.f
supplies, equipment, construction and services. In considering offers from and doing
busitless with subcontractors a~ld suppli.crs, the Agency sllal[ not discriminate against any
person'on the basis of race, color. religion, sex, age, national origin, ttt.arital status, sexual
orientation or the presenec of any mental yr physical disability in an otherwise qualified
disad}led person.
C- Tair Employment Practices
King County Code Chapter t 2.18 is incorporated by reference as if fully set forth herein and
such requirements apply to this Contract. During the performance of this Contract, neither
t:he Agency nor any party subcontracting under the authority of this Contract shall engage in
unfai,,r, employment practices.
D. Compliance with Laws and Rcgulation.s
The Agency shall comply fully with all applicable federal, state and local laws, ordinances,
Executive orders and rcl,'ulations that prohibit discrimination. These laws include, rut are
riot limited ta, RCW Chapter 49.60, Titles V1 a~ad VTT, of the Civil Rights !\ct of 1964, the
Americans with Disabil,it:ie:, Act, and the Restoration .Act of 1987.
L. Nondiscrimination in, rmnl.oy-ee Benefits
Kin6 County Code Chapter 12.19 is i~lcclrPOrated by reference as if fully set fori;l, herein. ff
this Contract entails a legally binding obligation of $25,000 or snore, and if the Agency i5
1'~lgc. 4 of 12
not a public. entity, then during the performance of this Contract the Agency shall not
discriminate in the provision of employee benefits between an employee with a spouse and
an. enipioyee with a domestic partner or an. employee who resides with a legally damieiled
rn.cmber of household. Agency hereby a.grccs n.ot to discriminate in the provision of
employee benefits as pmvid.cd for in K.C.C, cho.pter 12.19.
F. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this Section shall be a
tnatcrial bi'cacli of contract for which the Agency may be subject to damages, withholding
payment and airy other sanetxons provided for by the Contract and by applicable law,
C;. Re ortin
The Agency entering into, a contract or agreement with King County valued at $25,000
or more shall submit with this Contract a total Personnel Inventory Report provi.din~
employment data for minorities, t'cmales, and persons with disabilities.
Subject to the provisions of KCC Chapter 12.16-0G0, the Agency's Personnel Inventory
Report sha1.1 be effective for two years after the date on. which the retort was submitted.
2. The Agency entering into a contract with King County valued at more chap $25,000, or
contracts which in the a.g~regatc have a value to the Agency of mare than $25,000
should submit an Aftid.avit of Compliance in the form provided by the County,
demonstrating commitment to comply with the provisions of KCC Chapter 12.16 in
accordance with paragraph A of this Section 19.
Z0. SECTION S04 ANA ,AIVTER.i,CANS WITI3 DISA.)gT1,JT)CF,S ACT
The Agency shall complete a 504/ADA Self F.vdluatiori QuEStionnairc for all programs and
services of1'cred by the Agency (including a.ny services not subject to this Contract) and shall
evaluate its services, programs and employment practices for. coitipliattce with Section 504 of the
Rehabilitation Act of 1973, as amended ("504") and the Americans with T~isabilities Act of 1990
("ADA"). The Agency shall complete a 504IAAA Assurance of Compliance, and corrective
action plan as needed far structural, programmatic, and/or service changes necessary at each of its
premises vvithi,n the State o$ Washington to comply with 504 and the ADA, and it is attached as an
exhibit to this Contract and irtcorl?orated herein by reference.
2t. CONFi ICT OT INTEREST
KCC Chapter 3.04 (Employee Codc of Ethics) i.s incorpora.tcct by rcTcrcnce as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the A.geney to
comply with any requit'cment of said KCC Chapter shall be a material breach of contract.
22. PULi:TICA~L AC'pTVJ[TX 1PkI.01rT.[i3ITED
None of the funds, matcria[s, property, or services provided directly or indirectly under this
Contract shall be used for any partisan Political activity or to further the election ox dcfcaG oi' any
cancli.dal.e for pul7lic off ce.
F'abe 9 of l2
23. ~'RO,TECT 1V)CAINTENANCE; E UIPMEN'l< P>(7RCHASE, 1VIAI.NTlF1VANCE, AND
OWNERSHIP
A. As behween the County and the Agency, tlac 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 condi#ion consistent with applicable standards and.
guidelines. The Agency understands, acknowledges, and atz'ces that the County is not
responsible to operate or to maintain the project in any way.
B. The. Agency shall be responsil~le for all property purchased pursuant to this Contract,
includin.t; the proper care aatd maintenance of any equipment.
C. 'The Agency shall establish and maintain i.aZVentory records and transaction documents
(purchase requisitions, packing slips, inr••oiees, receipts) of equipment and materials
purchased with Contract funds,
D. The Agency's duties under this section 23 shall survzve the expiration of this Qgreernent.
24. NOTICES
Whenever this Conlxact provides for notice to be provided by one party to another., such notice
shall be.
A. In writing; and
13. 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 ofdelivery-, if mailed, on the
third (3rd) business da.y following the date of mailing; or, if sent by f'ax, on the first (1st}
business day following t1.~e day of delivery thereof by fax. Notice sent solely by a-mail s1ia11
not be a sufficient form t~f notice under this Contract.
D l/itber early may change its address, fax nurnlier 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 sbal,l be delivered addressed as
. aforesaid or sent by fax.
2s. ASSrcNMENT
The Agency shall not assign any portion of rigl,.ta and obligations under this Contract ox transfer or
assign any claim arising pursuant to this t:ontract ~vi.tl~ou.t the vvt'itten consent of the County_ The
t~bertcy must seek such Consent in writing nol: 1es5 than fifteen (l.5) days prior to the date of any
proposed assi~~tnent.
2G. CON'>r1EZAGT AlY1f.EN1D1ViiENTS
hither party may reques# changes to thig (-;ontract. Proposed changes that are mutually agreed upon
shall be incorporated by written ai.ncndmcnts to this Contract.
Page 10 c~ P l ?
27. W~rIVER OF DEFAULT
Waiver of an.y default shall not be deemed to be a waiver of arty subsequent default. Waiver or
breach of any prevision of the Contract shall not be deemed to be a. waiver of any ether or
subseque~~t breach and shall not be construed to be a modification of the terms of the Contract unless
stated to be such through written approval by the C.ouniy, which shaii be attached to the original
Contract.
28. TAZXJ:S
The Agency agrees to pay on a current basis all taxes or assessments leveed on its activities and
property, including, without limitation. any leasehold excise tax due under RGW Chapter A2.24A;
FROVIDED, however, that nothing contained liercin wi1.I modify the right of th,e Agency to contest
any such tax, and the Agency will not be deemed to be in default as long as il: wall, in good faith, be
contesting the validity or ar~nount of any such taxes.
29. VVASITYNGTON LAVV CONTROLLIrNG; W)EiFRE .A.CTI.ONS )f3ROUGIH'C
This Contract is made in and will be in accordance with lbe laws oi'tl,c State of Washington, which
will be controlling in any dispute that arises hereunder. Actions pertaining to this C'rnitract will be
brought in King County Superior Court, King County, Washington.
3A. )PARAGRAPH i~FA>D.T.NGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Contraec or. in an.y manner to define, limit, or describe the scope or intent
of tl,,is Conrract or the particular paragraphs to which they refer.
31. P>I.TBLIC IDOCUMIrNT
This Contract will be considered a public document and will be available for inspection and copying
by the public.
32. LEGAL 11t)~LA'Y'YONS
Nothing contained hcrcin will make, or be deemed to make, the County and the Agency a parbter of
one an.oth.er, and this Contract: will not be construed as creating a partnership or joint venture.
Nothing in this Contract will create, or be deemed to create, any right, ditty or obii.gation in any
perso~t or entity not a party to it.
33. SINCULAI~t AND FLURAL
W3tercver the context will so require, the singular will include the plural and plural will include the
singular.
P ~i.ge 1 1 0 f 1?
34. PERMITS AND L1<CENSI+ S
The Agency will obtain and ma.intain., at its own and sole costs and expense, all necessary pern~ita,
licenses and approvals required, for the Projcct•
35. IN'1('E1t~.PIIF~'.A,'I'ION OF COUNTY RLtLES AND REGULAT)(ONS
If there is any question rEgardin.g the interpretation of any County nlle or xcgulaiion, the County
decision will govern and wilt be binding upon. the Agency.
36. POLICE ~OW)EaRS Ok' TT~E_CQUNTY
Nothinb contained in this Contract will diminish, or be deemed to diminish, the governmental or
police. powers of the County.
3'f. )ENTIRE AGZtEI+;1IIEN~'
This Contract, including i.ts 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
AGL-NCY
FL7R
King C unit' Executi~ Signature
oar
Date NAME (. lease type or print), Titre
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PAGE 17
~.~. P,t~:c4$030
OS-Ja.n-07
Cert#: 4$25
Tl~k.u=ila, u1A 9138
~'lionc; ZC>G-575-G04G
King County Parks
Attn: Butch Lovelace
201 South Jackson Street, Suite 700
Seattle,Wa 98104
RE: City of Auburn
Copntract #D3G061D
~aN ~ 0 2007
l~~l~li~u`dr~it'L'iT
Evidence o~ Coverage
Fnx: 211(;-575-7426
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 121 municipal corporations in the State of.
Washington.
WCIA has at least $] million per occurrence combined single limit of liability eoveragE
in its self insured layer that may be applicable in the event an incident occurs That is
deemed to be attributed to the negligence of the member.
WCIA is an Interlocal Agreement among ~nu.nieipalities and liability is completely self
funded by the membership- A.s tJ.~ere is no insurance policy involved and WCIA is not
an insurance company, your organisation. cannot be named as an "additional insured'.
Sincerely.
Eric 13. IJarson
Deputy Director
cc: T3renda I-leinem.an
Darn Scatnporlina
dcrtcr
lnsura.n.ce ~utnority