HomeMy WebLinkAboutContract CAG-19-061
'im King County
Youth and Amateur Sports Grant Agreement
Get Active/ Stay Active Project
Department/Division: Natural Resources and Parks / Parks and Recreation Division
Agency: City of Renton
Project: Family First Community Center
Amount: $55,000.00 Project: 1134841 Contract: 6032102
Term Period: January 1,2018 To December 31,2019
THIS CONTRACT is entered into by KING COUNTY (the "County"), and City of Renton (the
"Agency"),whose address is 1055 S. Grady WayRenton, WA 98057
WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth
or amateur sports opportunities or are 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;
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:
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
2. TERM OF CONTRACT
This Agreement shall commence on January 1, 2018, and shall expire on the December 31,
2019, unless extended or earlier terminated, pursuant to the terms and conditions of this
Agreement.
3. PREMISES
This grant project is located at:
16022- 116th Ave.SE,
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 a kin2c0untv.2.ov
Phone: 206.477.4577
On behalf of Agency:
Kelly Beymer,Administrator of Community Services
1055 S. Grady Way
Renton, WA 98057
Email: kbeymer@rentonwa.gov
Phone: 425-430-6617
5. COMPENSATION AND METHOD OF PAYMENT
A. The County shall reimburse the Agency for satisfactory completion of the services and
requirements specified in this Agreement 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 thirty (30) days after a complete and
accurate invoice is received.
B. The Agency shall submit its final invoice and all outstanding reports 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, 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 Agreement in accordance with said budget. If, at any time during
the Term of this Agreement, the Agency expects that the cumulative amount of transfers
among the budget categories, i.e. Project Tasks, may exceed ten percent (10%) of the
Agreement amount, then the 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 must accompany each request for such approval. County approval of any such
amendment shall not be unreasonably withheld.
7. COMMUNICATION
The Agency shall recognize County as a fiscal sponsor for the grant project in the following
manner:
A. Events: The Agency shall invite and recognize "King County Parks" at all events
promoting the project, and at the final project dedication.
B. 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.
8. PRIORITY OF USE;PUBLIC ACCESS; SCHEDULING
These funds are provided for the purpose of developing and/or project sports activities for, but
not exclusively serving, persons under 21 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
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.
10. MAINTENANCE OF RECORDS
A. The Agency shall maintain accounts and records, including personnel, property, financial,
and project records 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. The 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.
11. RIGHT TO INSPECT
King 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 reasonable notice during normal business hours.
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Premises, shall comply
with all applicable laws, ordinances and regulations in using funds provided by the County,
including, without limitation, those relating to providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and Health
Act (WISHA); and, to the extent applicable, those related to "public works," payment of
prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to
comply and pay all costs associated with achieving such compliance without notice from King
County; and further agrees that King County, does not waive this Section by giving notice of
demand for compliance in any instance. The Agency shall indemnify and defend the County
should it be sued or made the subject of an administrative investigation or hearing for a
violation of such laws related to this 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 not be liable to pay for or to provide any utilities or services in connection with the
Project contemplated herein.
16. 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 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, the 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.
2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), 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 contractor(s) 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. If the 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.
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.
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. 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 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 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. ANTI-DISCRIMINATION
King County Code 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, age, race, color, creed, religion,
national origin, sexual orientation, gender identity or expression, marital status or the presence
of any sensory, mental, or physical disability unless based upon a bonafide occupational
qualification, or age except by minimum age and retirement provisions, and this requirement
shall apply to but not be limited to the following: employment, advertising, lay-off, or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. No person shall be denied or subjected to discrimination in receipt of the
benefit of any services or activities made possible by or resulting from this Agreement on the
grounds of sex, race, color, creed, national origin, religion, sexual orientation, gender identity
or expression, age (except minimum age and retirement provisions), marital status, or the
presence of any sensory, mental, or physical handicap. Any violation of this provision shall
be considered a violation of a material provision of this Agreement and shall be grounds for
cancellation,termination or suspension in whole or in part of this Agreement by King County
and may result in ineligibility for further King County agreements. [Community Partner
Name] shall also comply with all applicable anti-discrimination laws or requirements of any
and all jurisdictions having authority.
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, 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 Agreement,
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 Agreement funds. The 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,email address,or the name of the person indicated as the recipient by notice to the
other in the manner aforesaid.
23. ASSIGNMENT
The 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. The Agency must seek such consent in writing not less than fifteen (15) days
prior to the date of any proposed assignment.
24. CONTRACT 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
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.
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 RILATIONS
Nothing contained herein will make, or be deemed to make, the 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
The 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. The 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 Renton
FOR
King County Exec tive Signature
/` /i/ III,,a
Date NAMEtype(Please print),Title
P nt
Date
City of Renton-Family First Community Center-Exhibit I
Scope of Work
Project Description
A new community center with a partnership between the Doug Baldwin - Family First
Community Center Foundation(recreation, maintenance), the Renton School District(STEM) and
HealthPoint(multi-service healthcare). The City of Renton will build &own the facilities. This
new 1-story, approximately 25,000 SF building will have clerestory windows in lobby & corridor-
to maximize interior day-light, meeting rooms, a dedicated STEM space, a health facility and
recreational gymnasium, fitness equipment & dance studio. Materials and equipment includes
an exposed natural wood structure, carpet flooring, wood and resilient tile; all will be evaluated
for sustainability and operational efficiencies.
Organization Description
A public/private partnership between the City of Renton, the Family First Community Center
Foundation, the Renton School District and HealthPoint. Our vision is to provide a recreational
facility in the Benson Hill area of the City of Renton to enhance the stability of the community
by helping families achieve goals in education, fitness, and overall health. The Family First
Community Center will offer the diverse community with a wide variety of programs and
services including sports and recreation, health and wellness, and classes in technology, art,
music, dance and English as a second language.
Community& Equity Impact
The facility will reside in the Benson Community Planning area of Renton. Since the annexation
of Benson Hill in 2008, there has been a recognized need for improved services for children and
families living in this area. The 2018 Benson demographics show a population of 25,468, with
19.1% being 14 years or younger. For the occupied residents, 54% owner-occupied housing and
46% renters; with 10.9%of the population below the poverty line (household earning less than
$24,000). Diversity is defined 44.7% Caucasian, 20.3%Asian, 11.4%African American and 14.0%
Hispanic/Latino origin. As of October 2018,the five Renton School District schools within 1.3
miles of the projected facility has an average of 56.48% of the student bodies participating in
the Free and Reduced Lunch program (low income qualification). Cascade Elementary School,
the site of the new community center records 63.2% of the students in the Free and Reduced
Program. The area has been historically underserved and has a significant need for youth and
family support. The center will provide educational and recreational opportunities, offer youth
sports and fitness programs, improved learning for children, and onsite multi-service health and
wellness programs.
Project Management & Evaluation
The project will be built and owned by the City of Renton. The Community Services department
and their capital projects coordinator will oversee the design and construction of the project
and manage project expenditures. A pre-application meeting for permitting has been
completed. Land use and building permit submittals are anticipated for Spring 2019. The
project will be located immediately adjacent to an existing elementary school. A major
1
City of Renton-Family First Community Center-Exhibit I
component of the building includes a gymnasium which, along with community special use and
health rooms, will be a facility designed to integrate with current school functions and assure
safety at all times. Professional staff will be responsible for directing all activities and facility
maintenance to assure safety and playability.
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Request for Taxpayer Identification number and Give form to King County.
KING COUNTY Certification Do not send to IRS.
SUBSTITUTE W-9
Name (as shown on Invoice) a ett, -
Business Type
❑Association ❑C-Corporation S-Corporation ❑ Disregarded Entity
❑ Division ID Government ❑ Individual
❑ Limited Liability Company: Enter tax classification(C=C-Corporation,S=S-Corporation,P=Partnerships
❑ Non Profit ❑ Partnership ❑Sole Proprietor ❑Trust/Estate
Business Registration Information
Enter where you are registered to do business and the corresponding State Registration Number
State: Washington Registration Number: 177000094
Purchasing Location information
Physical Address
1055 South Grady Way
City, State, and Zip
Renton, WA 98057
Remittance Information
Remit Address(if different than above)
same
City, State, and Zip
same
Tax Reporting Name and Tax Identification Number or Social Security Number
Enter your Tax reporting Name and address.The Tax Identification number provided must match the name
given on the"Tax Reporting Name" line. For individuals,this is your social security number(SSN).
Tax Reporting Name
City of Renton
Tax Reporting Address
1055 South Grady Way
Tax Reporting City, State, and Zip
Renton, WA 98057
Tax Identification Number, Em•loyer Identification Number or Social Security Number:
9 1 6 0 0 1 2 7 1
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct tax reporting name and identification number.
2. I am a U.S. citizen, U.S. person or U.S. Business Entity.
3. I am not subject to backup withholding due to failure to report interest and dividend income.
4. I am exempt from FATCA reporting.
Certification instructions. If you are not a U.S. citizen, U.S. person or U.S. Business Entity, you must cross
out item 2 above. You will need to provide a completed King County W9 form as well as a copy of your W-8.
Sign Here N. k T
Print Name of Signer ell :eymer, Comm Svcs Admin. Date Signed 10/24/2018
Version:2 King County Substitute W9 Dated 2/23/2015