HomeMy WebLinkAboutPK04-132 - Original - King County Parks & Recreation Division - Upland Playfield - Youth Sports Facility Grant # D33337D - 03/05/2004 40 Records Management
KENT Document
WASNINOTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name:
Contract Number: pKoq - l3a-bc I
This Is assigned by Mary Simmons
Vendor Number:
Project Name: g4ko-& / — S GYM�S
-# 03 333/7 :>
Contract Effective Date:
Contract Termination Date: Zii 3- 3 ALeO5
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager.
Department:
ADCL7832 07/02
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King County
Parks and Recreation
Division
Department of Natural Resources and Parks
King Street Center Budding
KSC-NR-0700
201 South Jackson Street
Seattle,WA 98104-3855
206-296-8687
March 10, 2004
Shane Gilbertson,Project Manager
Kent Parks and Recreation
220 4th Avenue South
Kent, WA 98032
RE: Youth Sports Facility Grant, D33337D, $36,000
Dear Shane:
Congratulations again on your grant award for Uplands Playfield This letter serves as an
"Authorization to Proceed" with your project. Enclosed is an executed contract for you files
Please keep me informed as the projects proceeds and nears completion Also, any project
signage or promotional material should note King County and this program as a financial
sponsor. Enclosed are plaques for this and past projects to be installed by Kent Parks.
I hope this project serves your community well. Please feel free to invite to me to planning
meetings or include me in design discussions. I can be reached at 206.263.6267 if you or
project members have any questions.
All the best,
Butch Lovelace
Program Manager
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®King CounW
Department of Natural Resources and Parks
Parks and Recreation Division
YOUTH SPORTS FACILITY GRANT CONTRACT—2004
Department/Division: Natural Resources and Parks / Parks Division
Agency: Kent Parks and Recreation
Project Title: Uplands Playfield
Contract Amount: $36,000 Fund Code: 1638
Contract Period From: January 1,2004 To December 31,2005
Contract Number: D33337D
THIS CONTRACT is entered into by KING COUNTY (the "County"), and Kent Parks and Recreation (the
"Agency").,whose address is 220 4th Avenue South,Kent, WA 98032,
WHEREAS,King County is the manager of the Youth Sports Facility Grant(YSFG)Program,
WHEREAS,the grant recipient 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 be awarded a Youth Sports Facility
Grant to assist in capital improvements for increased recreational opportunities,
WHEREAS, the grant recipients and/or landowner on 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.
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NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be
made and performed by the parties hereto,the parties covenant and do mutually agree as follows
1. SCOPE OF SERVICES
The Agency shall provide services and comply with the requirements set forth hereinafter and in
the following attached exhibits,which are incorporated herein by reference:
❑ Scope of Services Attached hereto as Exhibit I
❑ Budget Attached hereto as Exhibit II
❑ Tuneline Attached hereto as Exhibit III
❑ Invoice Voucher 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
❑ Use Agreement Attached hereto as Exhibit VIII
❑ Personnel Inventory Report(K.C.C. 12.16) NA
❑ Affidavit of Compliance(K.C.C. 12.16) NA
❑ Assurance of Compliance/Section 504 NA
2. DURATION OF CONTRACT
This Contract shall commence on the 1 st day of January, 2004, and shall terminate on the 31 st day
of December, 2005, unless extended or terminated earlier, pursuant to the terms and conditions of
the Contract.
3. PREMISES
This grant project is located at:
Uplands Playfield,Kent
4. PARTIES
All communication,notices,coordination, and other tenets of this agreement shall be managed by:
On behalf of Kind?County:
Butch Lovelace,YSFG Program Manager
King County Department of Natural Resources and Parks
201 South Jackson St, Suite 701
Seattle, WA 98104-3855
Email: butch.lovelaceQmetrokc.gov
Phone: 206.263.6267
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On behalf of
Mr. Shane Gilbertson,Project Manager
Kent Parks and Recreation
220 4th Avenue South
Kent, WA 98032
253.856.5115
silbertson@ci.kent.wa.us
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 terminates. 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. The Agency shall request prior
approval from the County for an amendment to this Contract when the cumulative amount of
transfers among the budget categories, i.e. Project Tasks, is expected to exceed 10% of the
Contract amount. Supporting documents necessary to explain fully the nature and purpose of the
amendment must accompany each request for an amendment.
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, which ever comes first, the Agency
shall install on or near the facility a 4" X 6" 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.
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S. PUBLIC ACCESS
The Agency shall to the greatest extent reasonably possible make the project available for use by
the general public without unreasonable requirements for use. Fees for use of the project shall be
no greater than those generally charged by public operators of similar facilities in King County.
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.
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 termination hereof 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 at its discretion reserves the right to review and approve the performance of Agency
with regard to this Contract.
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, 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 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 Agreement
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14. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
aforementioned performance, it will give the Agency written notification of unacceptable
performance. Agency then agrees to take convective action within a reasonable period of
time, as defined by King County in the aforementioned written notification.
B. The County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
15. TERAIINATION
A. This Contract may be terminated by the County without cause, in whole or in part, prior to
the date specified in Section II, 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.
16. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and assumes no
obligation for future support of the activity contracted herein except as expressly set forth in this
Contract.
17. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees to indemnify and hold King County harmless as provided herein.
Accordingly, 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.
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b
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, now
enacted or as 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.
18. INSURANCE
A. Liability Insurance. Requirements Notwithstanding any other provision within this
Agreement, Grant recipient shall procure and maintain the following Minimum Limits of
Insurance for the duration of the term 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 the Concessionaire's use of the premises at the
County Park site. 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/SW 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 capitol project or involves the purchase of
equipment greater than$ 5,000. in value,Grant Recipient shall provides "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.
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 grant recipient and
its contractors. Additional Insured status shall include Products-Completed Operations.
D. To the extent of the grant recipient 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,
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employees or agents shall not be subjected to contribution in favor of the Grant recipient or
its contractors insurance and shall not benefit their in any way.
Grant Recipient and 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 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 Grant Recipient 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. Grant recipient shall be responsible for the maintenance of their contractors
insurance documentation.
G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is
self-insured for any of the above insurance requirements, a certification of self-insurance
shall be attached hereto and be incorporated by reference and shall constitute compliance
with this section.
19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Nondiscrimination in Employment Provision of Services
King County Code Chapter 12.16 is incorporated by reference as if fully set forth herein and
such requirements apply to this Contract. During the performance of this Contract, neither
the Agency nor any party subcontracting under the authority of this Contract shall
discriminate or tolerate harassment on the basis of race, color, sex, religion, national origin,
marital status, sexual orientation, age, or the presence of any sensory, mental, or physical
disability in the employment or application for employment or in the administration or
delivery of services or any other benefits under this Contract.
B. Nondiscrimination in Subcontracting Practices
King County Code Chapter 12.17 is incorporated by reference as if fully set forth herein and
such requirements apply to this Contract. During the solicitation, award and term of this
Contract,the Agency shall not create barriers to open and fair opportunities to participate in
County contracts or to obtain or compete for contracts and subcontracts as sources of
supplies, equipment, construction and services. In considering offers from and doing
business with subcontractors and suppliers, the Agency shall not 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 to
unfair employment practices.
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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. 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.
F. Repoortm
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 entering 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 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 XV.
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
KCC Chapter 3.04 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.
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23. EQUIPMENT PURCHASE,MAINTENANCE,AND OWNERSHIP
A. The Agency shall be responsible for all such property, including the proper care and
maintenance of the equipment.
B. The Agency shall establish and maintain inventory records and transaction documents
(purchase requisitions, packing slips, invoices, receipts) of equipment purchased with
Contract funds.
24. NOTICES
Whenever this Contract provides for notice to be provided by one(1)party to another, such notice
shall be:
A. In writing; and
B. Directed to the person specified in Section IV of this Contract
Any time within which a party must take some action shall be computed from the date that
the notice is received by said party.
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. Said
consent must be sought in writing by the Agency 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.
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27. ENTIRE CONTRACT/WAIVER 4F DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any oral or
written representations or understandings not incorporated herein are excluded. Both parties
recognize that time is of the essence in the performance of the provisions of this Contract. 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.
KING COUNTY AGENCY NAME HERE
FOR 00
King tatinty Executive Signa
VIAM-QA 5 P 7.0O4- 1"r, 1
Date NAME(Please type or print),Ti le
Date
10
@ King County Exhibit i
Department of Natural Resources and Parks
Parks and Recreation Division
Youth Sports Facility 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 assist you in your project.
SCOPE OF WORK:
YSFG Funds will be used to create an ADA accessible route to two youth baseball/softball
fields, replace fence fabric, install an automatic irrigation system, and provide site furniture, for
an existing City of Kent park, Uplands Playfield.
Uplands Playfield currently is ADA accessible from the parking lot to the Interurban Trail. At the
time when the park was originally constructed, an ADA accessible route was not required from
the trail to each ball field. Youth Sports Facility funds will be used to construct new sidewalks
and/or ramps from the existing trail to the ball field back stops which will provide ample area to
access the field or to just park in a wheel chair and enjoy a game at either field. The City of
Kent will hire a professional Land Surveyor to perform a topographic survey. The completed
survey will ensure that proper grades are constructed to meet current ADA accessibility
standards.
Currently, the maintenance staff has to drag hoses and water the fields by hand because an
automatic irrigation system does not exist. This task is labor-intensive and prevents staff from
completing other park duties. After a typical season with prolonged use and heavy exposure to
the sun, the turf so stressed it is prone to disease and sometimes dies and may need to be re-
seeded. This has prompted some teams to not want to play on these fields and forces us to
shorten a season. With an automatic irrigation system installed, it will allow us to initiate a turf
management program where we would fertilize and water the fields on a regular basis, keeping
the turf green and healthily, long into the hot summer months extending our season.
As part of the sponsor match, the Kiwanis Club of Kent has volunteered to backfill and re-sod all
the newly installed automatic irrigation trench lines.
The perimeter fence is the original fence that was constructed in 1972 and is in poor condition.
Some fence areas are not functional because the fabric is simply non-existent. In several spots
the fence is bowed out into the field of play, causing a safety hazard.
The existing garbage cans, player benches, base line fencing and back stops are not as old as
the perimeter fencing however, due to heavy use they are also in desperate need of replacing.
Under the new fencing, we will install a concrete mow strip level with existing ground. The mow
strip has a two fold purpose:first It will eliminate the need for weed eating or spraying herbicide
along the fence line. This will save on labor hours and unsightly turf growing up into the fence,
causing an aesthetic nuisance. Second, it will act as a barrier between the infield material and
the turf. With the concrete border in place, it will stop the migration of infield material in to the
turf, reducing the amount of infield material that has to be purchased and installed every year at
the beginning of the season, saving time and money.
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King C,ouMy Exhibit III
�r9 Department of Natural Resources and Parks
Parks and Recreation Division
Youth Sports Facility Grant
Timeline
Please provide a schedule of tasks. You may use the application timeline unless it has developed since
June. If so,please provide an updated timeline. Below is an example.
Tasks (Year One): 2004 Quarter 1 Quarter 2 Quarter 3 Quarter 4
example Jan. - March April -June Jul - Sept. Oct. - Dec.
YSFG Contracting Complete February 5
Complete Design March 1
Construction Documents April 15
Apply for Permits April 20
Receive Permits July 14
Notice to Proceed August 15
50% Complete October 1
Project Complete November 10
YSFG Billing December 10
Tasks (Year Two): 2005 Quarter 1 Quarter 2 Quarter 3 Quarter 4
Jan. -March April - June Jul - Sept. Oct. - Dec.
OVA
Insurance Authority P 0. Box 1165
Renton, WA 98057
29-Dec-03 Cert#: 3431
Phone 425-377-7237
King County Parks&Recreation
Attn: Butch Lovelace Fax 425-277-7242
KSC-NR-0700, 201 S. Jackson Street
Seattle,WA 98104-3855
RE: City of Kent
KC Youth Sports Grant Funds for work on Uplands Playfield in
Kent.
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 108 municipal corporations in the State of
Washington.
WCIA has at least$1 million per occurrence combined single limit of liability coverage
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 municipalities and liability is completely self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an "additional insured'.
Sincerely,
Eric B. Larson
Assistant Director
cc: Christopher Hills
Joan Broom
cietter
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Certification.—Under penalties of perjury. I certify that
(11 The number shown on this form its my correct taxpayer kientification number(or I am wading for a number to be Issued to me), and
(2) 1 am not subject to backup withholding because. (a)I am exempt from backup withholding,or(b) I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has
notified me that I am no longer subject to back Lip withholding.
Certification Instructions.—You must cross out Item(2)above if you have been notified by the IRS that you are currently subject to backup
withholding because of underreporting interest or dividends on your tax return. For real estate transactions, Item(2)does not apply. For
mortgage interest paid,the acquisition or abandonment of secured property,contributions to an individual retirement arrangement(IRA),and
generally payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.(Also
see Signing the Certification on page 2.)
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(Section references are to the Informal Revenue 60 days to obtain a TIN and furnish it to the broker and barter exchange transactions,rents,
Code.) requester.If the requester dozes not receive your royalties,nonemployee compensation,and
Purpose of Form.--A person wfio is textured to TIN within 60 days,backup withholding,If certain payments from fishing boat operators,
file an information return with the IRS must applicable,will begin and continue until you but do not include real estate transactions.
obtain your correct TIN to report Income paid to furnish your TIN to the requester.For reportable It you give the requester your correct TIN,
you.real estate transactions,mortgage Interest interest or dividend payments,the payer must make the appropriate certifications,and report
you paid.the acquisition or abandonment of exercise one of the following options concerning all your taxable interest and dividends on your
secured property,or contributions you made to backup withholding during this 60-day period. tax return,your payments will not be subject to
an IRA. Use Form W-9 to furnish your correct Under option(1).a payer must backup withhold backup withholding.Payments you receive will
TIN to the requester(the person asking you to on any withdrawals you make from your account be subject to backup withholding iF
furnish your TIN)and,when applicable,(1)to after 7 business days after the requester 1.You do not fumish your TIN to the
certify that the TIN you are furnishing is correct receives this form back from you.Under option requester,or
(or that you are waning fora number to be rej•�ableyer must e Merest wbackup
it vdend payments made 2.The IRS notifies the requester that you
issued).wi to candy that you are not subject to t your
account,regardless of whether make tunushed an incorrect TIN,or
backup withholding,and(3)to claim exemption Y� re9 YW
from backup withholding it you are an exempt any withdrawals.The backup withho iding under 3.You are notified by the IRS that you are
payee Furnishing your correct TIN and making option(2)must begin no later than 7 business subject to backup withholding because you
the appropriate certifications will prevent certain days after the requester receives this form back. failed to repot all your interest and dividends on
payments from being subject to backup Under option(2),the payer is required to refund your tax return(for reportable interest and
withholding the amounts withheld d your certified TIN is dividends only),or
Note,if a requester gives you a form other than feceived within the 60-day period and you were 4.You fad to certify to the requester that you
a W-9 to request your 7/N,you must use the not subject to backup withholding during that are not subject to backup withholding under(3)
requester's form period above(for reportable interest and dividend
Now To Obtain a TIN.—If you do not have a Note,writing"Applied for'on the form means accounts opened after 1983 only),or
TIN,apply for one immediately.To apply,get that you have already applied for a 77N OR that 5.You fail to certify your TIN.This applies only
Form SS-5,Application fa a Social Security you intend to apply for one in the near future, to reportable Merest,dividend,broker,or barter
Number Card(for individuals),from your local As soon as you receive your TIN,complete exchange accounts opened after 1983,or broker
office of the Social Security Administration,or another Form W-9,include your TIN,sign and accounts considered inactive in 1983.
Form SS-4,Application for Employer date the form,and give it to the requester Except as explained in(5)above,other
Identification Number(for businesses and all What Is Backup Withholding?—Persons making reportable payments are subject to backup
other entities),from your local IRS office certain payments to you are required to withhold withholding only if(1)or(2)above applies.
To complete Form W-9 it you do not have a and pay to the IRS 20%of such payments Certain payees and payments are exempt from
TIN,write"Applied for"in the space for the TIN under certain conditions This is called "backup backup withholding and information reporting
in Part 1 sgn and date the form.and give it to withholding"Payments that could be subject to See Payees and Payments Exempt From
the requester Generally,you will then have backup withholding include interest,dividends,
Cat.No 10231X Forth W-g (Rev.9-91)