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HomeMy WebLinkAbout4441RESOLUTION 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. ATTEST: DanieIle E. Daskam, City Clerk APPR O ED AS ! FORM: iel B. Heid, Ci Atto ney Resolution 4441 January 9, 2009 Page 2 of 2 CITY OF AUBURN tr. P " ER B. LEWIS, MAYOR r iN9 (ot�rni�'LI Ptot r sV(( ,Sjlt kg Khngo, -ty ,574,7)):: YOUTH SPORTS FACILITY GRANT CONTRACT — 2009 Department/Division Natural Resources and Parks / Parks Division Agency: Auburn Parks and Recreation Pioject Title: Brannan Park Field Improvements Contract Amount: $ 50,000 Fund Code: 1638 Contract Period From: January 1, 2009 To December 31, 2010 Contract Number: D38607D THIS CONTRACT is entered into by KING COUNTY (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; WHEREAS, the Agency is either a public agency or a non- profit organization whose land or facility will provide recreational 01 athletic opportunities pint-tartly to youth under 21 years of age; WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facility Giant 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, This form is available in alternate formats for people with disabilities upon request. 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: 1 Scope of Services Attached hereto as Exhibit I ./ Budget Attached hereto as Exhibit II ./ Invoice Voucher Attached hereto as Exhibit 1II ./ Reporting Attached hereto as Exhibit IV .1 Design Documents Attached hereto as Exhibit V ►/ Insurance Certificate Attached heieto as Exhibit VI ►/ W -9 Attached hereto as Exhibit VII Equal Benefits Attached hereto as Exhibit VIII • Personnel Inventory Report (K.C.C. 12.16) Attached hereto as Exhibit IX Affidavit of Compliance (K.C.C. 12.16) Attached heieto as Exhibit X ❑ Assurance of Compliance/Section 504 Attached hereto as Exhibit XI 2. TERM OF CONTRACT This Contract shall commence on the 1st day of January, 2009, and shall expire on the 31st day of December, 2010, unless extended or terminated earlier, pursuant to the terrns and conditions of the Contract. 3. PREMISES This grant project is located at: Brannan Park, Auburn Cornmonly known as {Brannan Park Field }, and refened 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 Etna►l: butch.lovelace Pkingcounty.gov Phone: 206.263.6267 On behalf of: Daryl Faber Auburn Parks and Recreation 910 Ninth Street SE Auburn, WA 98002 Email: dfaberraubumwa.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 Tenn 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, determined 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 prionty 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 0414,999 5 $15,000- $29,999 8 $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 (RCW) Chapter 40.14. Page 4 of 12 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and progranunatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six (6) years after the expiration or earlier termination of this Contract unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within ten (10) working days of any such relocation. 12. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Contract, 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 WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Contract 14. CORRECT1VE ACTION A. If the County determines that a breach of contract has occurred or does not approve of the Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action 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. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. 15. TERMINATION Page 5 of 12 A. The County may terminate this Contract in whole or in part, with or without case, at any time during the Tenn of this Contract, by providing the Agency ten (10) days advance written notice of' the termination. 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 determined 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. Page 6 of 12 A hold harmless provision to protect King County similar to this provision shall be included in all Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract. Agency's duties under this section 17 will survive the expiration or earlier termination of this contract. 18. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Contract, the Agency shall procure and maintain the following Minimum Limits of Insurance and shall require their contractors to procure and maintain. 1 Commercial General Liability. (to include Products - Completed Operations) insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Contract. General liability insurance shall be as broad as that provided by Commercial General Liability "occunence" form CG0001 (Ed 11/85). The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in the aggregate for bodily injury and property damage 2. Automobile Liability. Insurance Services form number CA 00 01 (Ed. 1/80) any auto. If the giant includes the use of automobiles, the Limit of Liability shall be no less than One Million dollars ($ 1,000,000) per occurrence. 3. Workers Compensation/Stop Gap If the recipient or its contractors has employees, parties shalt provide Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million dollars ($1,000,000) 4. Professional Liability. If the grant includes the use of Professional Services, a Per Claim/Aggregate Limit of $ 1,000,000. shall be provided B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than $ 5,000.00 in value, the Agency shall provide "All Risk" Builders Risk or Property" coverage for the full replacement value of the project/property built/purchased. King County shall be listed as a Loss payee as our interests may appear. C. King County and its officer's, officials, employees and agents shall be coveted as additional insured with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products- Completed Operations. D. To the extent of the Agency's or its contractor's negligence, their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self - insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contnbution in favor of the Agency or its contractors insurance and shall not benefit their in any way. The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the lirnits of the insurer's liability. Page 7of12 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 theii contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Waslungton 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 shalt 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 Employment Provision of Services King County Code Chapter 12 16 is incorpoiated by reference as if fully set forth herein and such iequirements apply to this Contract During the performance of this Contract, neither the Agency nor any party subcontracting under the authority of this Contract shall discnminate or tolerate harassment on the basis of lace, color, sex, religion, national origin, marital status, sexual orientation, age, or the presence of any sensory, mental, or physical disability in the ernployment or application for ernployment or in the administration or delivery of services or any othei 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 Contiact. Dunng the solicitation, award and term of this Contiact, the Agency shall not create barriers to open and fair opportunities to participate m 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 discriminate 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 Employment 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. Page 8 of 12 D. Compliance with Laws and Regulations The Agency shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, RCW Chapter 49.60, Titles VI and VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Restoration Act of 1987. E. Nondiscrimination in Employee Benefits King County Code Chapter 12.19 is incorporated by reference as if fully set forth herein. If this Contract entails a legally binding obligation of $25,000 or more, and if the Agency is not a public entity, then during the performance of this Contract the Agency shall not discnminate in the provision of employee benefits between an employee with a spouse and an employee with a domestic partner or an employee who resides with a legally domiciled member of household. Agency hereby agrees not to discriminate in the provision of employee benefits as provided for in K.C.C. chapter 12.19. F. Sanctions for Violations Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of contract for which the Agency may be subject to damages, withholding payment and any other sanctions provided for by the Contract and by applicable law G. Reporting 1 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 providing employment data for minorities, females, and persons with disabilities. Subject to the provisions of KCC Chapter 12.16.060, the Agency's Personnel Inventory Report shall be effective for two years after the date on which the report was submitted. 2. The Agency eniering into a contract with King County valued at more than $25,000, or contracts which in the aggregate have a value to the Agency of more than $25,000 should submit an Affidavit of Compliance in the fonn 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. 20. SECTION 504 AND AMERICANS WITH DISABILITIES ACT The Agency shall complete a 504 /ADA Self - Evaluation Questionnaire for all programs and services offered by the Agency (including any services not subject to this Contract) and shall evaluate its services, programs and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended ( "504 ") and the Americans with Disabilities Act of 1990 ( "ADA ") The Agency shall complete a 504 /ADA Assurance of Compliance, and corrective action plan as needed for structural, programmatic, and/or service changes necessary at each of its premises within the State of Washington to comply with 504 and the ADA, and it is attached as an exhibit to this Contract and incorporated herein by reference. 21. CONFLICT OF INTEREST Page 9 of 12 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, matenals, 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; EOUIPMENT 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 nsk. 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 maintain 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 expnation 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 (1st) 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 ansing pursuant to this Contract without the wntten consent of the County. The Page 10 of 12 Agency must seek such consent in writing not Less than fifteen (15) days prior to the date of any proposed assignment.' 26. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that ale mutually agreed upon shall be incorporated by wntten amendments to this Contract 27. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent 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 County, which shall be attached to the original Contract. 28. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith, be contesting the validity or amount of any such taxes. _ 29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT This Contract is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be brought in King County Superior Court, King County, Waslungton 30. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and ale not intended to be a part of this Contract or in any manner to define, limit, or describe the scope or intent of this Contract or the particular paragraphs to which they refer. 31. PUBLIC DOCUMENT This Contract will be considered a public document and will be available for inspection and copying by the public. 32. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Contract will not be construed as creating a partnership or joint venture. Page 11 of 12