HomeMy WebLinkAboutContractYYouth and Amateur Sports Grant Agreement
Get Active / Stay Active Program
Department/Division: NNatural Resources and Parks / Parks and Recreation Division
Agency: CCity of Renton
Project: SSenior Ctr Exercise Equipment
Amount: $$5,000.00 Project: 1139873 Contract: 6188776
Term Period: JJuly 1, 2020 To DDecember 31, 2021
THIS CONTRACT is entered into by KING COUNTY (the “County”), and City of Renton (the
“Agency”), whose address is 1055 S. Grady Way , Renton, 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 programming;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur
Sports Fund (“YASF”) Grant award to assist in programs 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 program 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
CAG-21-008
2. TERM OF CONTRACT
This Agreement shall commence on July 1, 2020, and shall expire on the December
31, 2021, unless extended or earlier terminated, pursuant to the terms and conditions
of this Agreement.
3. PREMISES
This grant program is located at:
Renton Senior Activity Center, 211 Burnett Ave. N., Renton WA 98057
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be
managed by:
On behalf of County:
Butch Lovelace, YSFG Program Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Carrie Nass, Recreation and Neighborhoods Division Mananger
City of Renton
1055 South Grady Way 6th Floor
Renton, WA 98057
Email: cnass@rentonwa.gov
Phone: 425-430-6624
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 EExhibit 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 program 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 programming 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 program shall be no
greater than those generally charged by public operators or program 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 programmatic 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 Program 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. TThe 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. TThe 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. City of
Renton 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. TThe 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 RELATIONS
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.
City of Renton - Senior Ctr Exercise Equipment - Exhibit I
Youth and Amateur Sports Grant
GASA Program
Scope of Services
We plan to update our Renton Senior Activity Center fitness room this fall, to be ready when we are able
to re-open to the public, in Phase 4 of WA State's Safe Start (Covid-19) plan. The fitness room is an
important and well used component of our Senior Center. We strive to offer seniors high-quality
programming and equipment. These grant funds will allow us to update at least one large exercise
equipment piece, such as a treadmill or stationary bicycle. Our commercial grade exercise equipment
vendor will help us do an assessment of what piece needs to be updated.
Organization
The City of Renton, just 11 miles south of Seattle, is the center of opportunity where families and
businesses thrive. Over 107,000 individuals live in Renton, and Renton is now is minority/majority city,
with over 50% of the residents being non-white. The Recreation and Neighborhood Division is housed
under City of Renton's Community Services Department, and strives to create a vibrant, active, connected
community, by offering recreational and community programs for all ages and abilities.
Program Management
The Recreation and Neighborhood Division consists of 16 full-time staff, of which three full-time staff
oversee daily functions of the Senior Center. Our Division leaders have degrees in gerontology and
public/community health, and most coordinators have recreation degrees. Fitness and exercise
programming offered at the Senior Center are provided by supplemental/part-time staff and/or
contracted instructors.
Note: all the above activities and dates are likely to change depending on the Covid 19 pandemic and
Washington State’s social distancing protocol. Due to this Covid 19 outbreak, this project may extend
into the summer season of 2021.
Exhibit IIYASF GrantProject Costs Committed PendingRequest$5,000$5,000$5,000Committed PendingYASF Grant$0 $0 $5,000PROJECT COSTSYASF Grant$5,000 $5,000 PROJECT MATCHPROVIDED$0Totals:Subtotals:YASF Project BudgetProject TasksProject FundingConstruction & InstallationProject Cost Total MaterialsProject Name: Renton Senior Activity Ctr Exercise EquipmentAdditional FundingAdministration