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HomeMy WebLinkAboutPK15-112 - Original - King County Natural Resources and Parks - Youth Sports Facilities Grants: Memorial Park Playground & Wiffleball Field - 01/01/2015 Keicords Mr KEN l S 5 Document WASHINGTON h �IH . Y 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 City Clerk's Office. Vendor Name: King County DNR/Parks Division - Youth Sports Facilities Grant Vendor Number: JD Edwards Number Contract Number: L IS - I l This is assigned by City Clerk's Office Project Name: Kent Memorial Park Playground & Wiffleball Field Description: ❑ Interiocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 1/1/2015 Termination Date: 12/31/2016 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Contract Amount: $75,000 00 Approval Authority: ❑ Department Director ❑Mayor ®City Council Detail: (i.e. address, location, parcel number, tax id, etc.): YSFG grant funding for the KMP Playground & Wiffleball Field. No funding for Explorer Dome play structure from this grant. Division Contract #PPD15-01 adccW10877 8 14 A II Icing County YOUTH SPORTS FACILITIES GRANT CONTRACT—2015 Department/Division Natural Resources and Parks / 'Parks Division Agency: Kent Parks Project Title: Kent Memorial Park Playground and Wiftleball Field Contract Amount: $75,000 Fund Code: 1638 Contract Period From: January 1,2015 To December 31,2016 Contract Number: 5734116 THIS CONTRACT is entered into by ICING COUNTY (the "Comity"), and Kent Parks (the "Agency"), whose address is 220 4th Ave S,ICent,WA 98032, WHEREAS,Icing 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 be awarded a Youth Sports Facilities 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, 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 II ® Invoice Voucher Attached hereto as Exhibit III ® Reporting Attached hereto as Exhibit IV ® Design Documents Attached hereto as Exhibit V ® Insurance Certificate Attached hereto as Exhibit VI ® W-9 Attached hereto as Exhibit VII 2. TERM OF CONTRACT This Contract shall commence on the 1st day of January, 2015, and shall expire on the 31st day of December, 2016, unless extended or terminated earlier,pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at:Kent Memorial Park Commonly known as {Kent Memorial Park}, and referred to herein as "the Premises." 1 4. PARTIES All communication,notices, coordination, and other tenets of this Contract shall be managed by: On behalf of King ounty: Butch Lovelace, YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson Street, Suite 700 Seattle,WA 98104-3855 Email: butch.lovelace(a)kin eounty.goy Phone: 206.477.4577 i Page 2 of 13 i On behalf of: Brian Levenhagen Kent Parks 220 4th Ave S Kent WA 98032 Email: bjlevenhagen@kentwa.gov Phone: 253.856.5116 5. COMPENSATION AND METHOD Or 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 Comity 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 11, 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 dining construction, and at the final project dedication. C. Community relations: The Agency shall recognize King County Parks as a fiscal sponsor in all social media, websites,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 County grant amount. By way of example only, if the County makes a $10,000 grant to Agency X, then the agency's project must be dedicated to public use and priority of use by youth for 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost,then Agency X must repay the County$4,000 (2/5 m 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 errviromnental, 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. I Page 4 of 13 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, properly, financial, and progrannnatic 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 hi 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 contacts. The Agency specifically agrees to comply and pay all costs associated with achieving sucll 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 contact 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. Page 5 of 13 15. TERMINATION A. The County may terminate this Contract in whole or in part, with or without case, at ally 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, aclu2owledges, 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 sale 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 Comity 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. I1/85). 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 Gan. 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" g " coverage for the full replacement value of the project/property p builtipurchased. King Comity 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 after thirty (30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VIII. The Agency must provide a Certificate of Insurance and Additional Insured Endorsement to the(Exhibit VII), and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. H. The Agency's duties under this section 18 shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set forth in section 8, the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this section 18. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in 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 require all Subcontractors to undertale 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 dompensation; 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 12.16.0I0.J, "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 8of13 C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's "Equal Benefits" (EB) 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 Subconhxacting Practices. During the tern 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. i 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. i 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 i employment while providing supplies and services for and to King County. j 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 time Icing County Business Development and Contract Compliance (BDCC) office by telephone at 206-263-9734. Information about becoming a King County Certified SCS Firm,as well as a Directory of King County Certified Firms is available at: lmttp://www.kingcounty.gov/bdee. Definitions.The following definitions shall apply throughout this Section. 1. "Administrator"means the Director of Finance. 2. "Certified SCS Firin" 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 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 contacts. 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 comity is oblicated to under Title 11 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 7.1.11 shall be a material breach of, and grounds for the immediate termination of,this Contract. The Contactor agrees to provide to persons with disabilites access to programs, activities and services provided under the Contact, 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 any subcontracts for the programs, activities and services under their Contact, the Contactor 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 Contact, for which the Contactor may be subject to damages, withholding payment and any other sanctions provided for by Contact 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. I 22. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Contact 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 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 shah 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 data 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 arising pursuant to this Contract without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (IS) days prior to the date of any proposed assignment. I 26. CONTRACT AMENDMENTS G 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 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 uent breach and shall not be construed to be a modification of the te rms of the Cdntract 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. WASBINGTON LAW CONTROLLING; WHERE ACTIONS BROUGH'P 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 Ding County Superior Court,King County,Washington. 30. PARAGRAPH HEADINGS 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. 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. 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 i 34. PERMITS AND LICENSES The Agency will obtain and maintain, at its own and sole costs and expense, all necessary permits, licenses and approvals required for the Project. 35. INTERPRETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 36. POLICE POWERS OF THE COUNTY Nothing contained in this Contract will diminish, or be deemed to diminish, the governmental or police powers of the County. 37. ENTIRE AGREEMENT c 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 CO TY AGENCY: G'1l, � I FOR King unty Execut ve Si gda r16 Date NAME(Please type or Tint),Titlk / 31145'— Date/ Page 13 of 13 i Exhibit I KjN� �DtANiv} Pg1eS kg KingCaunty 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. This project will renovate the playground area at Kent Memorial Park play area, replacing the playground (including swings, a merry-go round, and spinners), adding picnic tables and a new wiffleball field. City of Kent Parks will bring at least$79,500 to the project to replace the playground in the existing 5,289 square-foot playground. Kent Lions Club will contribute $25,000 to construct the picnic area and swings. Volunteers will be used to build the playground and do associated site work. The YSFG funds will be used for the field surfacing and fences of the wiffleball field. i Ex h i Lei L S y oaoo t oe o $ o m � 0 0 o a w V _ 9 .�ati C� x E' t A + Ty+G y m tha„ d $ $ $ $ $ } E All I s ms; #ty � ti a " i Exhibit III �yNQ COUN���AIE-(.5 r . . . LgKing Canty Youth Sports Facility Grant Reimbursement Request Submit To: From: King County Parks Organization: Attention: Butch Lovelace Address: 201 South Jackson, Suite 700 Seattle, WA 98104-3855 Contact: Phone: THIS REIMBURSEMENT REQUEST IS FOR ACTIVITIES/SERVICES RENDERED UNDER THE YOUTH SPORTS FACILITY GRANT(YSFG)AGREEMENT IDENTIFIED AS: PROJECT NAME CONTRACT# I THE COSTS AS PRESENTED IN THIS REQUEST WERE INCURRED BETWEEN THE TIME PERIODS OF(DATES) TO ❑ CHECK WHEN THIS IS FINAL REIMBURSEMENT REQUEST PLEASE READ CAREFULLY BEFORE SUBMITTING A REIMBURSEMENT REQUEST It is the responsibility of the Agency(grant recipient)to clearly document and list with highlights the supporting documentation of the incurred expenses. You must also clearly and adequately document the match expended. Track these expenses and reimbursements on the budget form (Exhibit II) and submit this page, the budget form (Exhibit II), and all supporting documents together when requesting reimbursement. I CERTIFY THAT THE REIMBURSEMENT REQUEST IN THE AMOUNT OF$ HAS BEEN INCURRED AND PAYMENT HAS BEEN MADE OR IS NOW DUE AND THAT NECESSARY RECEIPTS OR INVOICES ARE ATTACHED.I ALSO CERTIFY THAT THE MATCH EXPENDED ON THIS PROJECT AS NOTED ON THE BUDGET FORM IS ACCURATE AND DOCUMENTED. AUTHORIZED SIGNATURE DATE TITLE Exhibit IV L n i �iN�COUN��t'gIZ�S > LgKingCounty Youth Sports Facilities Grant Invoicing & Recordkeeping 1. King County grant funds can be requested and paid to the Agency only after the costs have been incurred. To receive reimbursement, the Agency must submit to King County Parks an accurate and complete invoice based on the Budget (Exhibit II)with supporting documentation such as bills which have been paid, receipts or invoices that are due and payable. DO NOT SEND PARKS THE ORIGINALS; KEEP ORIGINALS IN YOUR PROJECT FILE AND SEND COPIES. 2. The attached budget form (Exhibit II), is the same budget form used for the application, That form should be used for tracking the budget and submitted when requesting reimbursement, either in part or whole, and updated through the life of the grant. It is used for all stages of the grant—application, contract submittal, and reimbursement request. 3. The Agency will receive reimbursement from King County within approximately 15 working days after Parks receives the invoice. The Agency must pay any bills due before or after receipt of County funds. 4. The Agency shall follow the guidelines as outlined in Sections 10 & I I of the Contract related to recordkeeping. Exhibit V yN01 CDUNT�i Pg12.�5 +� King County Youth Sports Facilities Grant Design Documents Please provide design documents and any specifications that detail the project,particularly related to the YSFG portion if part of a larger project. Scale your documents to 8 '/2 x I 1 inches if possible. Include the following details if applicable: .• Facility dimensions - • Specifications on drainage, irrigation, and lighting, fencing and other applicable information related to fields • Material and equipment specifications • Playgrounds: The manufacturer is usually able to_provide a schematic design that details the layout and specific playground pieces • Site plan I J i i F�III I Iili 0DT224 Future Trail Connection to Chandler's Bay Apartments Wiffleball Field o ODT8 El E� 0 Drive p a Picnic Areas i Q Playground Benches o Q 0 I I C Kent ODT42 I Memorial Playground Renovation Picnic Shelter ET "I f� � II Exhibit VI K N9(DUNI pp?�s r, kgKin9coumy Youth Sports Facilities Grant Certificate of Insurance Please return a Certificate of Insurance naming King County as additional insured. See Sections 17 and 18 of the Contract for additional information regarding insurance requirements. Insurance requirements may vary depending on the scope of the project. Please call the YSFG project manager if you have questions related to the insurance requirements for your project. Lxhf' 19 >_ VI ® DATE(MM/OD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/6/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(!es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . CONT Conn!E Scott PRODUCER NAMEAME: Alliant Insurance Services, Inc. PHONE 206-204-9140 FAc m:_206-204-9205 E-MAIL 72D Olive Way, Suite 1700 xr) Seattle WA 98101 .cscott@alliant.com . INSURERS AFFORDING COVERAGE NAIC# INSURER A:Princeton Excess&Surplus 10786 INSURED KE683802 INSURER B:Safety Natlonal Casualty Corp. 15105 City of Kent INSURER C: 220 Fourth Avenue South INSURER D: Kent WA 98032-5895 INSURER INSURER F: I COVERAGES CERTIFICATE NUMBER:2119060863 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LSU POLICYEFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN SD WVD POLICYNU MBER MM/DD/YYYV MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY N1-A3-RL-0000069-04 1/112015 L111/2016EACH OCCURRENCE $5,000,000 DAMAGE TO RE ED CLAIMS-MADE X� OCCUR PREMISES Es occurrence $ MED EXP(My one erson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY PRO- ❑ LOC PRODUCTS-COMPIOP AGO $ JECTOTHER! SIR $250,000 COMBA AUTOMOBILE LIABILM N1-A3-RLOD00069-04 111/2015 1 Ea accideDt51NGLE LIMIT $5,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(PereoCldent) $ AUTOS NON-OWNED ROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Deductible SIR $250,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION SP4052264 V712015 1/112016 X STATUTE OR ._ AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE N NIA E.L EACH ACCIDENT $1,000,000' OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $1,000,000 (Mandatory in NH) If yea,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 51,000,000 A Slop Gap N7-A3-RL-0000069-04 1/112015 11112016 Each Occurrence $5,000,000 Aggregate $5,000,000 Deductible $250,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Work Comp has a $500,000 SIR RE: YSFG grant award contract requirement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN King County DNRIParks ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Butch Lovelace 201 South Jackson St., 7th FL AUTHORIZED REPRESERIA.TIVE Seattle WA 98104 3855 II AJXr_o ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD I L,X I I/7 Form Request for Taxpayer Give form to the (Rev.January 2003) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N Name City of Kent �- Business name,if different from above 0 a o.o Individual/ Exempt from backup Check appropriate box: ❑ Sale proprietor ❑ Corporation ❑ Partnership ® Other Y ------------------ ® withholding 0 Address(number,street,and apt.or suite no.) Requester's name and address(optional) 220 Fourth 'Avenue South King County DNR/Parks-YSFG u w city,state,and ZIP code 201 S. Jackson St., 7th FI. u a Kent WA 98032 Seattle, WA 98194 List account numbers)here(optional) to Tax a er Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this Is your social security number(SSN). Social security number However,for a resident alien, sole proprietor,or disregarded entity,see the Part I instructions on page 3. For other entities, it is your employer identification number(EIN). If you do not have a number, lit see How to get a TIN on page 3. Dr Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. MI—Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting 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 backup withholding, and 3. 1 am a U.S. person(including a U.S. resident alien). 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 you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt,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. (See the instructions on page 4.) �..t Sin i 9 Signature of Here U.S.person / Date Purpose of Form'` Nonresident alien who becomes a esident alien. Generally, only a nonresident alien individual may use the A person who is rec(uirgdIo file Ar 'Information return with terms of a tax treaty to reduce or eliminate U.S. tax on the IRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a number (TIN)to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes. U.S. person. Use Form W-9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an (including a resident alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to person requesting it(the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income, 1. Certify that the TIN you are giving is correct(or you are you must attach a statement that specifies the following five waiting for a number to be issued), items: 2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same or treaty under which you claimed exemption from tax as a 3. Claim exemption from backup withholding if you are a nonresident alien. U.S. exempt payee. 2.The treaty article addressing the income. Note: If a requester gives you a form other than Form W-9 3.The article number (or location) in the tax treaty that to request your TIN,you should use the requester's form. contains the saving clause and its exceptions. However, this form must meet the acceptable specifications 4. The type and amount of income that qualifies for the described in Pub. 1167, General Rules and Specifications for exemption from tax. Substitute Tax Forms and Schedules, 5. Sufficient facts to justify the exemption from tax under Foreign person. If you are a foreign person, use the the terms of the treaty article. appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Cat, No. 10231X Form W-9 (Rev. 1-2003)