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HomeMy WebLinkAboutGRA2019-024 - Original - King County Parks - Youth & Amateur Sports Grant Agreement - 05/01/2019 Agreement Routing Form KEN T For Approvals,Signatures and Records Management Director initials WASMINGTON This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. ' 4 (Print on pink or cherry colored paper) Manager initials d Originator: Lynn Osborn for Bryan Higgins Department: parks Date Sent: 7/5/2019 Date Required: Soonest possible please o Authorized Director Date of 7/2/2019 a to Sign: ✓ Council aMayor Approval: Budget p21030 Grant? Yes ❑ No Account Number: Type: Local Vendor Name: King County Parks Category: Grant: Non-Real Property Vendor 117456 C Sub-Category o Number: a Project E Name: Grant Agreement for West Fenwick Park Playground 0 C Project C Details: Grant funds for play area renovation m Basis forAgreement $200,000.00 Amount: selection of Other all S. Contractor: ch a Start Date: 5/1/2019 Termination Date: 12/31/2020 Notice required prior to Yes No Contract Number: �Q p2Qj�j disclosure? Date Received by City Attorney: Comments: REC'NEAVED zI O ENT � � EI R I..AV1i DEFT. VED Im Date Routed to the Mayor's Office: t in m Date Routed to the City Clerk's Office: �� City of belt cc Date Sent to Originator: MayorOffi Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 8.G KENT 'Na5 n-v PTO.'+ DATE: July 2, 2019 TO: Kent City Council SUBJECT: King County Youth and Amateur Sports Grant Agreement for West Fenwick Park - Authorize MOTION: Authorize the Mayor to sign a grant agreement with King County in the amount of $200,000, for the playground at West Fenwick Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: Park planning staff applied for grant funds for playground improvements that are part of the West Fenwick Park Renovation project. The Youth and Amateur Sports Grants supports fit and healthy communities by investing in programs and capital improvements that reduce barriers to accessing physical activity. The City was awarded $200,000 toward a new playground based on the classic children's board game Chutes and Ladders®. The playground will provide an endless combination of ways to climb, slide, walk, and run around a unique space. It will function as both a traditional playground and as a 3-dimensional interactive board game including a variety of ladders and slides and imaginative play opportunities with an emphasis on accessibility and play for all abilities. BUDGET IMPACT: Revenue impact to the West Fenwick Park Renovation Phase 2 capital budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. Youth and Amateur Sports Capital Grant Agreement with King County (PDF) 06/20/19 Parks and Human Services Committee RECOMMENDED TO COUNCIL RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]Next: 7/2/2019 7:00 PM MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Brenda Fincher, Satwinder Kaur, Marli Larimer Packet Pg. 118 LIZ King County Youth and Amateur Sports Grant Agreement Capital Grant Agreement Department/Division: Natural Resources and Parks / Parks and Recreation Agency: City of Kent Parks and Recreation Project: Chutes and ladders Playground Amount: $200,000.00 Project#: 1136810 Contract#: 6094062 Term Period: May 1,2019 To December 31,2020 THIS CAPITAL GRANT AGREEMENT ("Agreement") is entered into by KING COUNTY (the "County"), and City of Kent Parks and Recreation (the"Agency"), whose address is: 220 Fourth Ave. S. Kent, WA 98032 WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or amateur sports opportunities or acts as a fiscal sponsor for such Project; WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports Fund ("YASF") Grant award to assist in projects that provide increased athletic opportunities for the citizens of King County, Washington; WHEREAS,the Agency shall utilize the award to address an athletic need in King County; and WHEREAS, King County is authorized to administer the YASF grant project and enter into agreements for the use of King County funds by public agencies or not-for-profit organizations to provide a service to the public under King County Ordinance 18409 § 84; 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. 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: ® Program Summary and Scope of Work Attached hereto as Exhibit I ® Capital Budget Attached hereto as Exhibit II ® Project Design Schematic Attached hereto as Exhibit III 2. TERM This Agreement shall commence on May 1, 2019, and shall expire on the December 31, 2020, unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement. YASF—Capital Grant [City of Kent Parks and Recreation] 3. PREMISES This grant Project is located at: 220 Fourth Ave. S. Kent, WA 98032 4. PARTIES All communication,notices, coordination, and other tenets of this Agreement shall be managed by: On behalf of County: Butch Lovelace, YSFG Project Manager King County Parks and Recreation Division 201 South Jackson Street, Suite 700 Seattle, WA 98104-3855 Email: butch.lovelace tt k, in cry ountv.�;ov Phone: 206.477.4577 On behalf of Agency: Bryan Higgings,Parks Capital Project Manager 220 Fourth Avenue South Kent,WA 98032 Email: BHiggins@kentwa.gov Phone: 253-856-5113 5. COMPENSATION AND METHOD OF PAYMENT A. Excepting only Council directed grant funds, County shall authorize, at County's sole discretion, release of a portion of the grant funds, upon execution of this Agreement, and receipt of Agency's County-approved Scope of Work and Capital Budget (see Section 6). County shall initiate authorization for payment after approval of corrected invoices and required exhibits. County shall make payment to the Agency not more than thirty(30)days after a complete and accurate invoice and required documentation is received and approved. B. Agency shall submit its final invoice and any outstanding deliverables within fifteen (15) days of the date this Agreement expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection, 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. AGENCY DELIVERABLES A. Proiect Summary and Scope of Work. Agency shall provide a County-approved Project Summary and Scope of Work, attached hereto as Exhibit I. The Project Summary and Scope of Work shall describe Agency's capital project, facility use and programming, and description of its intended use of grant funds. Page 2 of 9 YASF—Capital Grant [City of Kent Parks and Recreation] B. Capital Budget. Agency shall provide a County-approved Capital Budget, attached hereto as Exhibit H. Agency shall apply the funds received from the County under this Agreement in accordance with said budget. If, at any time during the Term of this Agreement,Agency expects that the cumulative amount of transfers among the budget categories may exceed ten percent (10%) of the Agreement amount, then Agency shall notify County to request approval. Supporting documents necessary to explain fully the nature and purpose of the change(s) and an amended budget may be required for each request for such approval. County approval of any such amendment shall not be unreasonably withheld. C. Project Design Schematic. Agency shall provide a County-approved Project Design Schematic,attached hereto as Exhibit M. 7. COMMUNICATION Agency shall recognize County as a "grant sponsor" for the grant project in the following manner: A. Events: Agency shall invite and recognize"King County Parks"at all events promoting the project, and at the final project dedication. B. Community Relations: Agency shall recognize "King County Parks" as a"grant sponsor" in all social media, websites, brochures, banners, posters, press releases, and other promotional material related to the Project. 8. PUBLIC ACCESS These funds are provided for the purpose of developing and/or supporting the delivery of sports activities or infrastructure for,but not exclusively serving,persons under twenty-four(24)years of age, and low and moderate income communities within King County. Fees for the Project shall be no greater than those generally charged by public operators or project providers in King County. 9. INTERNAL CONTROL AND ACCOUNTING SYSTEM 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 (RC W)Chapter 40.14. 10. MAINTENANCE OF RECORDS A. Agency shall maintain accounts and records, including personnel, property, financial, Project records, including Agreement deliverables, and other such records as may be deemed necessary by the County to ensure proper accounting for all Agreement funds and compliance with this Agreement. B. These records shall be maintained for a period of six(6)years after the expiration or earlier termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40.14. C. Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Agreement, 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. Page 3 of 9 YASF—Capital Grant (City of Kent Parks and Recreation] 11. RIGHT TO INSPECT County reserves the right to review and approve the performance of Agency with regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this Agreement and the Project upon seventy-two(72)hours' notice during normal business hours. 12. COMPLIANCE WITH ALL LAWS AND REGULATIONS 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 Agreement. 13. 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. 14. TERMINATION A. The County may terminate this Agreement in whole or in part,with or without cause,at any time during the Term of this Agreement, 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 Agreement 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 Agreement will terminate automatically at the close of the current appropriation year. 15. 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 Agreement. The Agency understands, acknowledges, and agrees that the County shall Page 4 of 9 YASF—Capital Grant [City of Kent Parks and Recreation] not be liable to pay for or to provide any utilities or services in connection with the Project contemplated herein. 16. I-fOLD 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 Agreement,or the Agency's exercise of rights and privileges granted by this Agreement,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 Agreement,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 Agreement,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 Agreements or subcontractor Agreements entered into by Agency in conjunction with this Agreement. The Agency's duties under this Section will survive the expiration or earlier termination of this Agreement. 17. INSURANCE A. Liability Insurance Requirements. Notwithstanding any other provision within this Agreement, Agency and it subcontractors shall procure and maintain coverage and limits for no less than the following: 1. Commercial General Liability. Insurance Service"occurrence"form CG 00 01 (current edition), 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 Agreement. The insurance coverage 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. Page 5 of 9 YASF—Capital Grant I City of Kent Parks and Recreation 1 2. Automobile Liability. If activities require vehicle usage. Insurance Services form number CA 00 01 (curruut editiuu),covering BUSINESS AUTO COVERAGE,Symbol 1 "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/have employees.Statutory Workers Compensation coverage and Stop Gap Liability for a limit no less than One Million Dollars($1,000,000)per occurrence. 4. Professional Liability.Ifthe grant includes the use of Professional Services.Professional Liability coverage shall be no less than One Million Dollars($1,000,000)per claim and in the aggregate. 5. Sexual Misconduct Liability. If the grant involves in person work with minors. Sexual Misconduct Liability coverage,at a limit of no less than Five Hundred Thousand Dollars ($500,000)per occurrence and in the aggregate. B. If the grant involves the construction of a capital project or involves the purchase of equipment greater than Five Thousand ($5,000) 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 an additional Loss payee as our interests may appear. C. King County and its officers,officials,employees and agents shall be covered as additional insured on Agency's and its contractor(s') commercial general liability insurance and, if applicable, commercial auto liability insurance, 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 either in any way. 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. Within five (5) business days of County's request, Agency must provide a Certificate of Insurance and Additional Insured Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be responsible for the maintenance of their contractors'insurance documentation. G. If 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. Page 6 of 9 YASF—Capital Grant [City of Kent Parks and Recreation J H. Agency's duties under this Section 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. NONDISCRIMINATION King County Code ("KCC") chapters 12.16, 12.17 through 12.18 apply to this Agreement and are incorporated by this reference as if fully set forth herein. In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,race,color,marital status,national origin,religious affiliation, disability, sexual orientation, gender identity or expression or age except minimum age and retirement provisions, unless based upon a bona fide occupational qualification. 19. 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. 20. POLITICAL ACTIVITY PROHIBITED None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. 21. PROJECT MAINTENANCE. EQUIPMENT PURCHASE MAINTENANCE AND OWNERSHIP A. As between the County and the Agency,Agency shall be responsible to operate and maintain the completed Project at its own sole expense and risk. Agency shall maintain the completed Project in good working condition consistent with applicable standards and guidelines. Agency understands,acknowledges,and agrees that the County is not responsible to operate or to maintain the Project in any way. B. Agency shall be responsible for all property purchased pursuant to this Agreement, including the proper care and maintenance of any equipment. C. Agency shall establish and maintain inventory records and transaction documents(purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Agreement funds. Agency's duties under this Section shall survive the expiration of this Agreement. 22. NOTICES Whenever this Agreement provides for notice to be provided by one party to another,such notice shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any such notice shall be deemed to have been given on the date of delivery, if mailed, on the third (3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed to have been given on the date of transmission.Either party may change its address,fax number, Page 7 of 9 YASF—Capital Grant [City of Kent Parks and Recreation] email address, or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. 23. ASSIGNMENT Agency shall not assign any portion of rights and obligations under this Agreement or transfer or assign any claim arising pursuant to this Agreement without the written consent of the County. Agency must seek such consent in writing not less than fifteen(15)days prior to the date of any proposed assignment. 24. AMENDMENTS This Agreement together with the attached exhibits expressly incorporated herein by reference and attached hereto shall constitute the whole Agreement between the Parties. Either party may request changes to this Agreement. No modifications or amendment of this Agreement shall be valid or effective unless evidenced by an Agreement in writing signed by the Parties. 25. 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 Agreement 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 Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. 26. TAXES 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 Agency shall 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. 27. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT This Agreement 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 Agreement will be brought in King County Superior Court, King County, Washington. 28. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Agreement or in any manner to define, limit, or describe the scope or intent of this Agreement or the particular paragraphs to which they refer. 29. PUBLIC DOCUMENT This Agreement will be considered a public document and will be available for inspection and copying by the public. 30. LEGAL RELATIONS Page 8 of 9 YASF—Capital Grant [City of Kent Parks and Recreation] Nothing contained herein will make, or be deemed to make, County and the Agency a partner of one another, and this Agreement will not be construed as creating a partnership or joint venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 31. SINGULAR AND PLURAL Wherever the context will so require, the singular will include the plural and plural will include the singular. 32. PERMITS AND LICENSES Agency shall design, develop and construct the Project in accordance will all applicable laws and regulatory requirements including environmental considerations, permitting determinations, and other legal requirements. All activities and improvements shall be performed by Agency at its sole expense and liability. Agency shall,at its sole cost and expense, apply for,obtain and comply with all necessary permits, licenses and approvals required for the Project, 33. 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. 34. POLICE POWERS OF THE COUNTY Nothing contained in this Agreement will diminish,or be deemed to diminish,the governmental or police powers of the County. 35. ENTIRE AGREEMENT This Agreement, including its attachments, constitutes the entire Agreement between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. KING COUNTY City of Kent Parks and reation FOR King County Executi Signature 3/�Sl►q 71— Da PiA Ral a V12 r Date NAME(Please typefor print),Titl —11 oln Date Page 9 of 9 - Exhibit I LN King County Your Big Bachyard Youth and Amateur Sports Grant Proiect Summary and Scope of Work Organization:City of Kent Project Name: West Fenwick Playground West Fenwick Park is a large community park on the west hill of Kent. The West Fenwick Chutes and Ladders playground replaces a 20 year old playground at West Fenwick Park. The playgrounci just one piece of a larger park renovation project that is being planned. The playground will bring the classic board game to life with over 100 game spaces, 9 ladders, and 10 chutes that will provide kids an endless combination of ways to climb up, down, and run around this one-of-a-kind playground. It will function as both as a traditional playground and as a 3d interactive board game. West Fenwick Park is the most heavily used and only community park on Kent's West Hill. The playground will serve the more than 16,000 residents of Kent's West Hill and serve as a destination for all residents of Kent. o 0 J O 2 e o (De_ £2 o q \ £ m \ to N 2) E CD\ 2 � A) ) ID. m 2 2 E 2 0 o a f 2 § � e e O \ \ 2 � o I Q I \ \ 7 ° cft CA \ \ 2 $ _ e e e c k C) \ \ / # / a\ \ § § CL _ CD CD / ) - » » P k 00 ( - f x y� e f � � r \1 /J1 1 J t 1 h I