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HomeMy WebLinkAbout4985 RESOLUTION NO. 4 9 8 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY ACCEPTING GRANT FUNDS FOR YOUTH SPORTS FACILITIES WHEREAS, King County is the manager of the Youth Sports Facilities Grant Program; 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; and WHEREAS, the acceptance of the grant funds will benefit the citizens of Auburn NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement between the City and King County grant funds in the amount of $60,000, which agreement shall be in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. ----------------------------- Resolution No. 4985 August 14, 2013 Page 1 of 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this ✓ day of ' 2013. CITY OF AUBURN PETER B LEWIS, MAYOR ATTEST- Lat' `" C Danielle E. Daskam, City Clerk APPRO O FORM: D iel B Heid, City Attorney Resolution No 4985 August 14, 2013 Page 2 of 2 Froiect# Org # Account#_______ __-- YOUTH SPORTS FACILITIES GRANT CON J tT#201 _ i Department/Division Natural Resources and Parks / Parks Division Agency Auburn Parks&Recreation Project Title: Lea Hill Park FreeGame Synthetic Court i Contract Amount: $60,000 Cost Center: 355000 Contract Period From: January 1,2013' To December 31,2014 Contract Number- 5520804 Project Number: K13001 — THIS CONTRACT is entered into by KING COUNTY(the"County"), and Auburn Parks&Recreation(the "Agency"),whose address is 910 9th Street SE,Auburn, WA 98002-, WHEREAS,King County is the manager of the Youth Sports Facilities Grant(YSFG)Program; WHEREAS,the Agency is either a public agency or 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 he 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, This form is available in alternate formats for people with disabilities upon request. Page 1 of 13 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 11 ® 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 2. TERM OF CONTRACT This Contract shall commence on the 1st day of Januazv, 2013, and shall expire on the 31st day or December,2014,unless extended or terminated earlier,pursuant to the terms and conditions of the Contract. 3. PREMISES 77 is grant project is located at: Lea Hill Park,Auburn Commonly known as {Facility Name},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.lovelagg!@kin cgent,ntyyaov Phone:206.263.6267 Page 2 of 13 i On behalf of: Daryl Faber Auburn Parks&Recreation 910 9th Street SE Auburn,WA 98002 Email: dfaber @aubumwa.gov Phone: (253)931-3041 I 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. COMMMCATION 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 conies 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 'unite 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, press releases and other promotional material related to the Project. Page 3 of 13 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 Comity 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 x 10,000=$4,000). Range of County Grant Required Period of Dedicated Public Use/Youth Priority 0-$14,999 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 13 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and programmatic 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. CORRECTIVE 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. i Page 5of13 15. TERMINATION 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 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 die 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 Page 6 of 13 this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. 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 "occurrence"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 grant 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 shall 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 officers, officials, employees and agents shall be covered 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 contribution in favor of the Agency or its contractors insurance and shall not benefit their in any way. Page 7 of 13 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 limits of the insurer's liability 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 alter 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(lie Slate 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 EOUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake, and requite all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.7, "equal employment opportunity efforts" shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref: KCC 12.16.020. Page 8 of 13 i C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's TTEqual Benefits' (FB) ordinance, and related administrative rules adopted by the County Executive, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. D. Nondiscrimination in Subcontracting Practices. During the term of this Contract, the Contractor 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 Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin,religious affiliation,disability,sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. E. Compliance with Laws and Regulations. The Contractor and all Subcontractors 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, Chapter 49.60 RCW, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor and all Subcontractors shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. F Small Contractors and Suppliers Policy. Policy It is King County policy that Small Contractors and Suppliers (SCS) have equitable opportunities to participate in the performance of goods and services contracts issued by King County, and that contractors and subcontractors shall afford equal opportunity in employment while providing supplies and services for and to King County. Inquiries and Information Regarding King County Certified SCS Firms. Direct inquiries on how to apply for SCS certification, or obtain a list of King County Certified Firms to the King County Business Development and Contract Compliance (BDCC) office by telephone at 206-263-9734. Information about becoming a King County Certified SCS Finn, as well as a Directory of King Comity Certified Firms is available at: htip:/1ww\v.kingcounty.gov/bdec. Definitions.The following definitions shall apply throughout this Section. 1. "Administrator"means the Director of Finance. 2. "Certified SCS Finn" means a business that has applied for participation in King County's Contracting Opportunities Program, and has been certified as an SCS by the King County BDCC office. Page 9 of 13 i 3. "Small Contractor or Supplier" or "(SCS)" means that a business and the person or persons who own and control it are in a financial condition, which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is based on a dollar ceiling for standard business classifications that is set at fifty, percent (50%) of the Federal Small Business Administration (SBA) small business size standards using the North American Industrial Classification System (NAICS),and an Owners'Personal Net Worth less than$750K dollars. G. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with Disabilities Act of 1990 as amended(ADA). Pursuant to Title II of the ADA, and Section 504,King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King county is oblicated to under Title It of the ADA, and Section 504 and shall not deny participation of the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this Section 7.1.1-1 shall be a material breach of, and grounds for the immediate termination of,this Contract. The Contractor agrees to provide to persons with disabilites access to programs, activities and services provided under the Contract,as required by the disability access laws as defined by KCC 12.16. The Contractor shall not discriminate against persons with disabilities in providing the Work. In airy subcontracts for the programs, activities and services under their Contract, the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided under the Contract, as required by the disability access laws as defined by KCC 12.16; that the Subcontractor shall not discriminate against persons with disabilities in providing the Work under the Contract; and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. H. 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 Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. 21. CONFLICT OF INTEREST 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. Page 10 of 13 i 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 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 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 c-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 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 are mutually agreed upon shall be incorporated by written amendments to this Contract. Page 11 of 13 L 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, Washington. 30. PARAGRAPH HEADLNGS The paragraph headings contained herein are only for convenience and reference and are 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. PIJ13L IC 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 ibis 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, 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. Page 12 of 13 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 I 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 COUN'T'Y 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: a o� A0 Y Iti FOR King County Executive Signature ff11 �� J I � j ��'rt� u• 2w11 Iy�avo� Date NAME(Please type or print),' itle Date Page 13 of 13 q LL 11�� q� Exhibit I Ki'JJ (0%A'Al Pjp,4,55 .yun.dnr Wing County R"act a Youth Sports Facilities Grant Scope of Services Please detail the scope of work to be performed under this contract as described in the YSFG application. You may use and expand upon the application text. Please be thorough in your description of both the entire project and how the YSFG grant will be spent on your project. The Scope is as follows i 1. Remove existing home from park site,grade the site and develop drainage and other park amentities such as picnic shelter,playground, skatespot and walking path 2. Provide Base Course and Install Synthetic Surface for Freegame Court 3. Fumish and Install new Goals, and Approprite walls and fencing for 16 by 28 Meter Freegame Court system i 1 �I y __ Iffl-11 WIN rs ■ 'x r . � e F� k� i -� n � a ���ee7, S: °� � ti. �" >.. � �� ..r � 4{'v< < i {•x t Ja �� ..r T I PROJECTCOSTS TOTAL PROJECT MATCH YSFG REQUEST Totals: PROVIDED .. $214,000 5154,000 , $60,000 Department of Eseautivo Services Finance and Baalneas Oparatlons DIVISIon A. Procurement and Contract eerv(ces Section Equal tlenefits Chlnook Building,CNK-ES-0340 . p 401 Fifth Avenue,3rd Floor,Sealea,WA 981Q4 Compliance Worksheet IStng County 20&2639400 T-ry holey:711 Fax:206,7964676 i Return thls Wodrsheot,Declaration,alldtiny attached a/temate compffance fomisto King County. Name of Contractor: 0.� ot &1sar•.n Contact Person: A. _Ba Phone Number ern) ft-s_-093 Fax: L307j 8oN-3116 E-mail: a&( Iurs dobN^n W^.9yv_____ Approximate Number of Employees In the U,S, �Sollcitatlon/Contract#� 1. EMPLOYEE INFORMATION a. Do you have any employees?..... .........................................................R Yes ❑No b. If 1.a Is yes,are they Union,Non•Unlon,Oh both?.................................®Union [N Non-Union If the answer to dIggstlon 1a is"NO."(you DO NOT have any employees);you do not need to complete the remainder of the worksheet.Select Option C on the attached Declaration. 2. IF YOU HAVE NON-UNION EMPLOYEES s. Do you make any benefits available to employees? (Paid by employer or nap......................................................................... Yes ❑No b. be you make any baneflts available to the spouses of employees? (Paid by amployar or noij.,......:_:;•................•„,..,...................................N Yes ❑No c. Do you make any benefits available to the domestic partner(DP)OR legally domiciled lnember of household(LDMH)of employees? (Same-ae)(and Opposite-sax)[Pala by employer or not]:........................M Yes ❑No If the answers to both Questions 2(b)and 2{c)are"NO" (benefits offered to neither employees' spnusas or employeas'DP or LDMH);select Option D on the attached Declaration. If the answer to either question 2(b)or NO Is"YES",continue to Question 3. 3, BENEFITS AVAILABLE FOR NON-UNION EMPLOYEES Indicate which benefits are made avallable.beiow.Check"Yes"for any benefit that Is available, paid for or not(same a opposite-sex)-Check"No"if not available.Available might mean a death benefit for Pension(lolnt annuity)or Disability can be paid to DP/LDMH. Bereavement leave policies must be equal for a DP/LDMH.Fainpy leave must include ah empinyea's DP/LDMH and their dependants.If moving expenses/Relocation Inbreassswhen including a,'spouse,they must also Increase for DPILDMH• Employee Benefit Employees spouses DP/LOMH Health Care ®Yes _ ❑No (R Yes ❑No ®Yes ❑No Dental Care ®Yes 0 No ®Yes ❑No N Yes ❑No_ Vision Care ®Yes 0 No ®Yes ❑No 0 Yes ❑No Life :®Yes ❑No 0 Yes ❑No ®Yes ❑No Disabilty ®Yes ❑O N Yes ❑No 0 Yes ❑'Ne PensbnlRetlrement N Yes ❑No N Yes ❑No ®Yes ❑No Bereavement Leave cif Yes .❑No ❑Yes 10 No ❑Yea (1�No Family Leave ®Yes ❑No ❑Yes ONO ❑Yes N No Relocation(Moving Expenses) ❑Yes N No ❑Yes N No ❑Yes Q No U_04?EB Workehoe!_DedaralionAoc,Rev.0912009 page 1 of Employes Benefit Employees 8pous05 DPILDMH BiisIn'es6 Travel(not mileage) M Yes ❑No o ❑Yea 0i No Member Discounts,fecllldes,events ❑Yes ®No ❑Yes Q No ❑Yes RJ No Other(specify): I Yes ❑No ❑Yes ❑No ❑Yes ❑No i Other(specify): ❑Yes ❑No ❑Yes ❑No ❑Yes ❑No It all of the checked boxes in the"Spouses"and"DP/LDMH"columns match for ail non-union and,If any,all union employees(see 6.below),select Option A on Page 3 on the attached Declaration.OR: If NY of the checked boxes In thq"spouses"and"OP/LDMH"columns do NOT match,please review Option D on Page 3 of attached Declaration to see if you qualify for alternate compliance.Foi'all Other Contract complanoe Inquiries,coulact king County Procurement and Contract Sarvloes Section at 206-2639400. 4, IF YOU HAVE UNION EMPLOYEES a. Are any benefits pgalfablo to the spouses of Union employees? .............®Yes ❑No b. Are eny benefits available to the DP/LDMH aF union employees?..........-0 Yes ❑No If the answer to elthar Quostion 4fa1 of(b)Is"YES".continua to question 6. 6, BENEFITS AVAILABLE FOR UNION EMPLOYEES Please Indicate whigh union benefite are available an the Ilst below.All inslrudons noted In Section3 apply here,j4.t8:,Union benefits may be controlled by a trust,and the eligibility of DPILQMH may be restricted by a Union Trust Administfator.Please contact W119 County Procurement and Contract Services Section at 206-268-8400 to)earn how to apply for a Collective Bargaining Delay. Em loyeeBenefit Employees Spouses DP/LDMH Health Care ®Yea ❑No ❑Yes ❑No ❑Yes ❑No Dental Care ®Yes ❑No Yes El NO ❑Yes ❑No Vision Care ® os ❑No ❑Yes ❑ND- ❑Yes ❑No Life ®Yes LINO ❑Yes ❑No ❑Yes ❑No Disability Yes No :1 es ❑No ❑Yes ❑No 'Pensloa/Retirement Yes ❑No ❑Yes ❑No ❑Yes ❑No t3ereavement Leave ISI es .❑No ❑Yes No ❑Yes ❑No Family Leave Yes ❑No []Yes _❑No ❑Yes ❑No Relocation MOVin Expenses Yes .No ❑Yes No ❑Yes No Business Travel'not mil IV Yes ❑No ❑Yea No ❑Yes ❑No Me,bar Discounts fa illges,events ,❑Yes �No ❑Yes No ❑Yes IN No others ecf : li ®Yes ❑Na Yea ®No ❑Yee No Other sebff ❑Yes ❑No ❑Yes ❑No Yes No If all of the checked boxes in the"Spouses'and"DP/LDW columns match for all union and,If any,all non-union employees(see 3.6bove�'select Option A on Page 3 of th Is,Docleration.OR. If ANY of the checked boxes In the"Spouses"and"DPILDMH"columns do Ngj match,please review Option D on Page 3 of attached Declaration to sea If you qualify for alternate compliance.F0 all other Conbecl compliance inquk1es,contact Wng'CoWily Procurement and Contract Services section at 206.263-9400. u_042_,E9_WorksheeL.Dw1vraUon.d00,Rev.09/ZOile Peye2 of9 ' 4 Department of a eulave SaNlcaS Finance and Buslness operadons Division proolro"nt and Contract Se W ices Socaon Equal Benefits ', Chinook Building,wK-ES-0340 401 Fifth Avenue,3N Floor,Seattle,WA 99104 Compliance Declaration KIpgCOlulty 206-269-94001T'Relay:711 Fax!206.296J676 King County cannot award a contract until you submit the attached Wodtsheel and this Declaration. h.11-M Q«r-Iw' on behalf of Cry n'{ v,bWM (Name) (Contl$ctorNarneJ stale that the Contractor complies with Whig County Ordinance 14(323 and related rules because It: (Select the Option that applies and sign fomr below): Option ® Makes benefits available on an equal basis to all Its non-union and union employees with spouses and Its employees with a domestic partner(samo-acx and opposite-sex)OR legally domiciled member of household. Option ❑ Does not make ANY benefits available to the spouses or the domestic partner OR legally domiciled member of household of employees, Option C ❑ Has no employees. option D ❑ Has resolved approved autholtzat on from IUrq County Procurement and Contract Setvlees to delay Implementation of equal benefits due to a Collective Bargaining Agreement,Open Enrollment,or Intemal Administrative steps.(Substantial Compliance Authorization Form attached). ALTERNATE COMPLIANCE OPTION D InStrn000h9 Prior to selecting this Oplion D,the contractor must complete and return an alternate compliance form to King County,Upon approval,the form will be returned to be Included as an attachment to this Declaration.The Substantial Compliance Authorization Form can be found at hltp,lAov w.tdnacounl aoy/operati0n5tprocurement/FOrms/Equal Benefit6,aspx ❑ Statement of Noncompliance state that the Contractor does not comply and does not Intend to comply with King County Ordinance 14823 and related rules for this contract. I declare under penalty of penury under the laws of the State of Washington that the foregoing Is corraot and true, and that I am authorized to bind this entity contractually. Ex d thi- s, 2 yt�day of SneN+a_,28 ,at �N�^(0/0 (State) Signature ( Name(Please print.) cf"PJMXOa—L- .r �'.tlo,�'.v,K MAnay.Pr %l- coo l -aa8 Title Federal Tax Identification Number a5' Well N1A; Sp ar+fib M VA 98001- Y117 address U 042,_Ee W0rxaheet_Dedafnllon.doo,Rev.0012009 Page 3 of 3 1 o I { Food w-9-9 Request for Taxpayer Give Form to the (NOV.Dacambvr 2011) Identification Number and Certification rolid to the Po not Wplerrh otle Senesely send to tho1RS. Inbred flrw,w Sortie _ Nrenc ass shown on y.w Inl o o.tax arum CITY OF AUBURN awlross nameydisreearded en6ly mane,If dlllapnl from aDOVe Chick apWopdaly Wx let Waal tax classilwation! Wp$F @I7 ❑Ind,kueyaole proposer ❑ CComeduce ❑8Cugraatlon 0 Partnership ❑lrusuesole F ❑rtateJ llablety company.Enter lire lax GasalLCel,on(O.C Carporeaon,8=9 capaelbn,P=paMershlp)6 - ❑Floeat payee c —`- © Omar(aee lneWCtlons)> GOVERNMENT Add,ms lnomber.elnel.and opt.or aide o.) Requesta'a nano and eddrav foptlonill JJJTTSfifif 26 WEST MAIN ST g City,91e .ddZW.. e �+ AUBURN WA 86001 _- Uhl o.coutt number(.)here(opik,na) JE T cation Number IN Enter your TIN In the appropriate box.The TN provld0d must match the name given on the"Nome lint, Social security number to avoid backup withholding.For Individuals,this Is your social security number(SSN).However,fora _m _� resident alien,sole proprietor,or disregarded an6ty,seethe Part I Insb ns uctlo on page 3,For other entities,it Is your employer Identllkation number(EIM.If you do not have a number,see How to gal a TIN on page 8. Note.ll the account to In more than one Creme,sae the chart on page 4 for guldellnes on whose Employer leemfllootion nombnr _ number to enter, M,9 - 'G 0 0 1 2 2 8 Certifioation Under penalties of perjury,I certify that: 1. file number shown on this form Is myperroat taxpayerldantlltcatlun number for I am Welting for anumber to be Issued to me),and 2.)am not sublwil to backup vthholding because:(a)I am exempt from backup withholding,or(b)I have ief been notlfled by the Internal Revenue Service(IRS)that I am 6ubjeol to backup withholding as a result eta failure to report all Interest or dividends,or(o)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S,citizen or other U.S.person(dented below). Certification Instructions,You must cross out Item 2 above It you have boon notified by the IRS that you we currently wbjsol to backup withholding bec fuse you have fa.ad to report at]Merest and dividends on your tax return.For real estate tansac6ons.Item 2 does not apply.For mortgage Interest paid,acquisition a abandonment of secured property,cancellation of dab6 contrlbullons to an Individual retirement arrangement ORA),and generally,payments other men Interest aM dividends.you am awl ragwred to sign the canlfcallon,but you must provide you correctTIN.Sao the Instructions on page 4. Sign Slenoturo of Wore I us f . i . ,-1) oaroi J,/p-1, General lnst cti S Note.Its requester gives you a form other than Farm W-9 to request your TIN,you must use the requester's forth If It Is substantially almllar Section references wo to the Intenrel Revenue Coda soles.otherwise to this Form W-g. noted. Oennktlon of a U.S.person.For federal lax purposes,yW ere Purpose of Form constdered a U.S.person if you are: A person who is required to file an information return with the IRS nwat •An Individual VAIo Is a U.S.citizen or U.S.maldent alien, obthin your correct taxpayer kdenllfication number(TIN)to report,for •A partnership,corporat ion,company,or association created or example.Income paid to you,real estate transactions,mortgage Interest organized In the United Slates a under the lows of the United Slates, you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or { of debt,or contributions you mace to an IRA. r A domeelkc twat(as defined In Regulations section 301.7701-7). Use Form W-11 only it you are a U.S.person Oncluding aresident Sp a clad rules for florin airships.Partnerships that condwl a trade or alkon),to provide your careetTIN to the person requesting It(the business In the United States are generally required to pay a lvilhholding requastwl and,When applicable,to: fax on any foreign parents'share of Income from such business. 1.Conffy that the TIN you are giving Is correct(or you are lvalling for a Further,In certain asses whore a Form W-0 has not been received,n number to be Issued), parminshlp Is required to presume that a partner is a foreign person, 2.Certify that you are not subject to backup wthholding,our and pay the withholding lex.Therefore,If you are a U.S.person that Is a 3,Claim exemption from backup lvithholding It you are a U.6-exempt partner In a parinoollip canduchng a trade or business In the United payee.If applicable,you are also certifying that as a U.S.person,your Steles,provide Form W-g to file partnership to establish your U.S. sharable share of any partnership l000me from a U.S.trade or business status and evad withllolalng on your share of partnershp Intone. Is not subject to me Withholding lax on foreign partners'share of ellecllvoly connected Income. Cat.No teZJ1x Far W-g!Rev.12-20 11) 3 i . ( It 4 3