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PRHSPSC PKT 12-18-1995 • • Ci of Federal W ay AGENDA 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMI'1'1'EE BUSINESS A. Lakota Interlocal Agreement Action Schroder B. Commission Appointment Action Schroder C. Parks and Recreation Commission Information Schroder Work Plan 1996 D. School Field Improvements Status Wilbrecht E. Fisher's Pond Open Space Action Wilbrecht 4. NEXT MEETING (change January date to to holiday) 5. ADJOURNMENT Committee Members: Staff: Jack Dovey, Chair Jennifer Schroder, Director Phil Watkins David Wilbrecht, Deputy Director Michael Park Sue Floyd, Administrative Assistant 661 -4041 • • City of Federal Way Item 3A Parks and Recreation Council Committee Date: December 4, 1995 From: Jenny Schroder, Director Parks, Recreation and Cultural Sery Subject: Agreement Between Federal Way School District and City of Federal Way for the Master Planning of Lakota Park Background: • Lakota Park fields were built of poor quality. Grass fields are over - scheduled and flood each winter. The School District is in need of a football field to support their athletic program. Utilizing the school's adjoining property along with the City's park provides greater master plan options for optimum usage of properties for the purpose of community recreation. • Master plan of Lakota Park is a 1995 approved Parks CIP project of $100,000 ($50,000 City, $50,000 School District). • School District desires to jointly master plan their adjoining property along with the City's property at Lakota Jr. High for community recreation purposes. • Staff prepared a draft interlocal agreement in June of 1995 for School District review. • Concurrently, the School District was reorganizing their departments. Due to the administrative changes, this task has been delayed. • Jodi Putman from the School District has taken the lead to review the agreement with their legal counsel. • The City's Legal Department has reviewed the agreement presented to you. Committee Recommendation: To approve the agreement and to move forward to full Council for approval. APPROVAL OF COMMITTEE REPORT: Committee Chair: Jack Dovey Committee Member: Phil Watkins Committee Member: Michael Park • • • AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT AND CITY OF FEDERAL WAY This Agreement is entered into this 19th day of December, 1995 by and between Federal Way School District No. 210, a municipal corporation ( "the District ") and the City of Federal Way, a municipal corporation ( "the City "). I. RECITALS A. The District is the owner of certain real property commonly known as Lakota Junior High School located at 1415 S.W. 314th, Federal Way, Washington ( "the District property "). B. The City is the owner of certain park property adjoining u for High School ("the City property"). Lakota J n Y erty "). P P g C. The District and the City desire to jointly plan for the development of their properties for community recreational purposes in order to ensure efficient and economical utilization of the adjoining properties. D. RCW Chapter 39.34, the Interlocal Cooperation Act, permits municipal corporations to reach agreement to provide for services which jointly benefit their communities. E. The purpose of this Agreement is to establish a framework for the master planning of potential joint use of the District property and the City property for the purpose of providing a football field, baseball and soccer fields and a park for the community. II. AGREEMENT In consideration of the mutual benefits herein, the parties agree as follows: 1. Scope of Work. The scope of work performed under this Agreement shall be for the purpose of preparing a conceptual design 'al combination and coordination planning for the i and master g potential P to of use of the District property a nd the. City property t provide P services in the nature of a football field, baseball and soccer fields, and a park for the community of Federal Way. 2. Employment of Consultants. The City shall be solely responsible for contracting with appropriate architectural and forth under e orm the work set f paragraph lannin consultants to perform planning P 1, above. The City agrees to seek the input of and advice of the District in the selection of said consultants. The City, however, shall have the final decision in the selection of said consultants. 1 ORIGINAL • • 3. Costs of Consultants. The District and the City agree to equally share the costs of said consultants employed by the City; provided, however, that the District's share of said fees and costs shall not exceed the sum of Twenty -five Thousand and no /100 Dollars ($25,000.00). The District's obligation to remit its share of the cost of said consultants shall be due and owing upon completion of this Agreement, as set forth in paragraph 5 herein. 4. Cooperation. The District and the City agree to cooperate fully with each other to fulfill the purpose of this Agreement. All consultants employed by the City to satisfy the obligations of this Agreement shall actively seek and obtain the input of and the advice of the District and the City, including the scheduling and parameters of any meetings, to satisfy the obligations of the master planning and conceptual design work for the joint recreational use of the District property and the City property contemplated under this Agreement. All consultants employed by the City shall be further obligated to provide progress reports to the District. 5. Completion of Scope of Work. The District and the City agree that all obligations required under this Agreement shall be completed by no later than July 1, 1996. 6. No Future Obligations. The District and the City agree that the master planning and conceptual design work performed under this Agreement shall be presented to the Board of Directors of the District and the City Council for purposes of review and consideration. Nothing herein shall create any obligations or expectations by the District or the City to perform, complete or implement any improvements, designs, recommendations or plans prepared by any consultant employed in accordance with the purpose of this Agreement. 7. Notice. All notices required under this Agreement and the Project Coordinator for the parties shall be as follows: The District: Rod Leland Facility Services Department 1066 South 320th Street Federal Way, WA 98003 Telephone: 206 - 839 -9250 Facsimile: 206 - 941 -3834 w /copy to: Jody Putman Operational Support Services 31405 18th Ave. So. Federal Way, WA 98003 Telephone: 206 - 941 -0100 Facsimile: 206 - 941 -0422 - 2 - • The City: Jennifer Schroder Director of Parks, Recreation & Cultural Services 33530 First Way South Federal Way, WA 98003 -6210 Telephone: 206 - 661 -4041 Facsimile: 206 - 661 -4024 8. Indemnification. The District agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. The City agrees to indemnify and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Work Product. All work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by any entity, directed, hired or appointed or employed by either Party to perform the services or carry out the intent of this Agreement shall be jointly owned by the City and the District. At the termination or cancellation of this Agreement, copies of any such work product remaining in the possession of any contractor shall be delivered to the Parties. 10. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. - 3 - . . 11. Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 12. Attorney Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and the District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 13. Modification. No modification, amendment, addition to or changes to this Agreement shall be valid or enforceable unless in writing and signed by all parties. 14. Approval by Board /City Council. Execution of this Agreement shall represent that this Agreement has been approved by the Board of Directors of the District and has been approved by the City Council. In witness whereof, the parties have executed this Agreement on the date and year set forth above. FEDERAL WAY SCHOOL DISTRICT CITY OF FEDERAL WAY NO. 210 By: By: Thomas J. Vander Ark Kenneth E. Nyberg Its: Superintendent Its:City Manager APPROVED AS TO FORM: Attest: Its: Londi K. Li ell City Attorney K: \docunent \Lakota210.agr (95 -140) 12 -11 -95 — 4 - • • • City of Federal Way Parks and Recreation Council Committee Item 3B Date: December 11, 1995 From: Jenny Schroder, Director Parks, Recreation and Cultural Services Subject: Parks and Recreation Commission Request for New Commissioner Appointment Background: • The Parks and Recreation Commission by -laws paragraph 10b "Attendance" states "In the event any commissioner has unexcused absences from three or more meetings held during any calendar year, the Commission may request that the City Council appoint a replacement for that member." • Commissioner Jack Suchy has four unexcused absences to date. • The Parks and Recreation Commission reviewed by -laws at their December 7, 1995 meeting. • The Parks and Recreation Commission passed a motion requesting the City Council appoint a replacement for Jack Suchy due to three unexcused absences from meetings this year. • The Parks and Recreation Commission passed a motion to the Parks and Recreation Council Committee that alternate member Jerry Bollen be considered for appointment to the Commission. Committee Action Recommended Pursuant to the by -laws of the Parks and Recreation Commission, paragraph 10b, the Parks and Recreation Council Committee moves to full Council to remove Jack Suchy from the Parks and Recreation Commission, and to appoint alternate member Jerry Bollen to complete Mr. Suchy's term through April 1996. APPROVAL OF COMMITTEE REPORT: Committee Chair: Jack Dovey Committee Member: Phil Watkins Committee Member: Michael Park • • City of Federal Way Parks and Recreation Council Committee Item 3E Date: December 11, 1995 From: Jenny Schroder, Director Services Parks, Recreation and Cultural Se Subject: Fisher's Pond Open Space Background: • The Fisher's Pond open space property was acquired in May of 1994 through the 1993 Conservation Futures program. The total acquisition is 13 acres, which includes a rambler -style three bedroom house on the property. The house is surrounded by a unique collection of plant material, including rhododendrons, azaleas and evergreens. • The City has two options: 1) demolish the structure or 2) the City could convert the residence into an interpretive center as a program component for natural resources educational programming, possibly an "outdoor" classroom component with the School District and /or as a classroom for interpretive programs dealing with the open space environments. • To date, the site is boarded up and vandalism has occurred both to the building and to the site (theft of plant material). • The property needs to go through the City's Process III in order to change the designation to a public facility. Options: 1. If it is Council's desire to demolish the structure, the funding is available through the 1993 Conservation Futures acquisition balance. 2. If it is Council's desire to keep the structure, there are two courses of action staff could pursue: a) Do nothing. Leave facility boarded up until Process III is completed (six months to one year). b) Develop a plan for a custodian to reside in the house for the purpose of security to the site until such time Process III is completed and a programming element can be funded or partnership established with another entity. Staff Request: The 1993 Conservation Futures acquisitions were completed in 1994. In reviewing the file, it does not indicate Council's involvement of discussing on a policy level whether the house at Fisher's Pond should be kept as an open space component. Staff will begin the Process III phase of this acquisition in 1996. Before we begin this process, staff needs Council's direction. (over) • •• Committee Recommendation Options: 1. Demolish the residence. 2. Keep the residence as a programming component of the site. 3. Keep the residence as a programming component of the site and secure a caretaker to reside to provide interim security until such time Process III is completed and programming of the facility is funded. Council Committee recommends to full Council option: # APPROVAL OF COMMITTEE REPORT: Committee Chair: Jack Dovey Committee Member: Phil Watkins Committee Member: Michael Park • • City of Federal Way Parks and Recreation Council Committee Date: December 14, 1995 From: Jenny Schroder Director of Parks, Recre t on and Cultural Services Subject: 1995 King County Mi ellaneous Services Contract for the Dumas Bay Open Space Signage. (King County Contract #D22670D) Background: August 25, 1995 the Parks, Recreation and Cultural Services Department submitted a grant proposal to King County Community Services Division Urban Resources Partnership. The project scope proposal is to develop and install interpretive signs in several languages of the community residents, including English, Korean, Russian and other languages that explain the importance of not harvesting shellfish at Dumas Bay. The grant will also provide the construction of a wheel chair accessible gate at the park. The Natural Resources Conservation Services and local community /civic groups will participate in the restoration and maintenance of the project. November 3, 1995, the Parks, Recreation and Cultural Services Department was awarded a $7,210 Urban Resources Partnership grant from the Puget Sound Resources Partnership and the King County Community Services Division. This is a pilot roject that is being funded by the following Federal Agencies: Forest Services, Fish and Wildlife Services, Natural Park Service, Cooperative Extension Department of Agriculture, Environmental Protection Agency, Housing and Urban Development and natural Resources Conservation Services. Washington State is one of seven states selected to participate in this partnership grant. Since this is a pilot project, King County received conformation from the federal agencies that the time line for all projects had to be moved forward and all projects most be completed by March 31, 1996, as part of the federal funding requirement. December 11, 1995 King County Community Services Division hand delivered the King County Miscellaneous Services Contract to the Parks, Recreation and Cultural Services Department, for approval and City Manger signature. The Dumas Bay Grants is included in the 1996 Parks, Recreation and Cultural Services Department Capital Improvement Projects and the 1996 Budget. Attached is a copy of the 1995 King County Miscellaneous Services Contract for Dumas Bay Open Space Signage. Staff Summary: City staff have reviewed the King County Miscellaneous Services Contract and recommends that it be reviewed by the Council Committee and recommends it to be forward to full Council for approval, authorizing the City Manager to sign the contract. • • Committee Recommendations: The Parks and Recreation Committee has reviewed the King County Miscellaneous Services Contract for the Dumas Bay Open Space Signage and forward it to full Council for approval authorizing the City Manager to sign the contract. APPROVAL OF COMMITTEE REPORT: Committee Chair: Jack Dovey Committee Member: Michael Park Committee Member: Phil Watkins • King County Couat Contrac t u ,. D22670D Federal Taxpayer I.D. 4 • • • • •DEPARTMENT /DIVISION Community and Human Services /Community Services CONTRACTOR City of Federal Way PROJECT TITLE Dumas Bay Open Space Signage • CONTRACT AMOUNT $ 7,€.10 FUND CODE /31/96 CONTRACT PERIOD 10/20/95 TO J(TNG COTJN"'" vi srrTT.ATFOTTS SEPVTCES CONTRACT - 1995 THIS CONTRACT is entered into by KING COUNTY (the "County "), and (the "Contractor "), City of Federal Way Whose address is 33530 First Way South, Federal.Way, WA YBUU3 -bZ1U 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: • I. COPE OF SERVTCES The Contractor shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits which are incorporated herein by reference: 1X1$cope of Services Attached hereto as Exhibit NSA 1 1personnel Inventory Report (K.C.C. 12.16) Attached hereto as Exhibit N/A 1 JAffidavit of Compliance (K.C.C. 12.16) Attached hereto as Exhibit / (Waiver) 1XJMinority /women's Business (K.C.C. 4.18) Attached hereto as Exhibit N/A 1_1Assurance of Compliance Section 504 Attached hereto as Exhibit E 1Xlcertificate(s) of Insurance Attached hereto as Exhibit N/A 1_I equest for Proposal No. Attached hereto as Exhibit N/A 1_IResponse to Request for Proposal. Dated Attached hereto as Exhibit 6 IXlBudget Attached hereto as Exhibit C 1X1Special Federal Requirements Attached hereto as Exhibit M SER 95 09 -19 -99 1 • 1 the County and /or federal /state officials so authorized by law during the performance of this Contract and six (6) years after termination hereof, unless a longer retention period is required by law. B. The Contractor shall provide right of access to its facilities, including those of any Subcontractor, to the County, the state and /or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. C. If the Contractor is a municipal corporation, it shall submit to the County a copy of its annual report of examination /audit, conducted by the Washington State Auditor, within thirty (30) days of receipt, which submittal shall constitute compliance with subsection V.B.• D. If the Contractor receives a total of $25,000 or more in federal financial assistance from the County, it shall have an independent audit conducted of its financial statement and condition, which shall comply with the requirements of GAAS (generally accepted auditing standards); GAO's Standards for Audits of Governmental organizations, Program, Activities and Functions; and OMB Circulars A -133 and A -128, as amended and as applicable. Contractors receiving federal funds from more than one County department • - or division shall be responsible for determining if the combined financial assistance is equal to or greater than $25,000. • The Contractor shall provide a copy of the audit report to each County division providing financial assistance to the Contractor no later than six (6) months subsequent to the end of the'- Contractor's fiscal year. • VI. EVALUATION • The Contractor agrees to cooperate with the County or its -agent in the evaluation of the Contractor's performance'under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.17. • VII. CORRECTIVE ACTION If the County determines that a breach of contract has occurred, that is the Contractor has failed to comply with.any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: • A. The County will notify the Contractor in writing of the nature of the breach; B. The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective M SER 95 09 -19 -94 • 3 If the Contract is terminated by the County pursuant to this Subsection IX(B)(1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, . including but not limited to misappropriation, nonperformance of required services or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. C. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set forth above in Section II or in any amendment hereto, the County may, upon written notice to the Contractor, • terminate this Contract in whole or in part. If the Contract is terminated as provided in this Subsection: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (2) the Contractor shall be released from any obligation to provide further services pursuant to the Contract as are affected by the termination. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved the Contract will terminate at the close of the current appropriation year. D. The Contractor may terminate this Contract in the event of repeated or persistent failure or refusal by the County to fulfill any of its material obligations under this Contract (unless that failure or refusal results from circumstances or events beyond the County's control) provided that (a) the Contractor shall have given the County prior written notice of the County's failure to meet the specific obligation and (b) the County shall have the opportunity to cure the specified failure or refusal to fulfill its material obligation within 90 days of such notice from the Contractor. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms and conditions set forth.in this Contract are breached by the other party. X. FUTURE SUPPORT The County makes no commitment to support services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. • • M SER 95 09 -19 -94 5 a.. • such insurance shall be paid by the Contractor or Subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each Subcontractor as evidence of compliance with the insurance requirements of this Contract. For All Coverages: Each insurance policy shall be written on an "Occurrence" form; excepting that insurance for Professional Liability, Errors and Omissions when required, may be acceptable on a "claims made" form. If coverage is approved and purchased on a "claims made" basis, the Contractor warrants continuation of coverage, either.through policy renewals or the purchase of an extended discovery period, if such extended coverage is available, for not less than three years from the date of completion of the work which is the subject of this Contract. B. Minimum Scope Of Insurance Coverage shall be at least as broad as: 1. General Liability: Insurance Services Office form number (CG 00 01 Ed. 11 -88) covering COMMERCIAL GENERAL LIABILITY. -or- Insurance Services Office form number (GL 0002 Ed. 1 -73) covering COMPREHENSIVE GENERAL LIABILITY and Insurance Services Office form number (GL 0404 Ed. 5 -81) covering ROAD FORM COMPREHENSIVE GENERAL LIABILITY ENDORSEMENT: 2. Professional Liability: Professional Liability, Errors and Omissions coverage. In the event that services delivered pursuant to this Contract either directly or indirectly involve or require professional services, Professional Liability, Errors and Omissions coverage shall be provided. "Professional Services ", for the purpose this Contract section shall mean any services provided by a licensed professional. 3. Automobile Liability: • Insurance Services Office form number (CA 00 01 Ed. 12 -90) covering PUSINESS AUTO COVERAGE, symbol 1 "any auto "; or the combination of symbols 2, 8, and 9. 4. Workers' Compensation: • 'Workers' Compensation coverage, as required by the Industrial Insurance Act of the State of Washington, as•well as any similar coverage required for this work by applicable Federal or "Other States" State Law. M SER 95 09 -19 -94 7 • c. The Contractor's insurance shall apply separately to each insured against whom a claim is made and /or lawsuit is brought, except with respect to the limits of the insurer's liability. 2. All Policies: Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty -five (45) days prior written notice has been given to the County. F. Acceptability of Insurers Unless otherwise approved by the County, Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII, or, if not rated with Bests', with minimum surpluses the equivalent of Bests' surplus size VIII. Professional Liability, Errors and Omissions insurance may be placed with • insurers with a Bests' rating of B +:VII. Any exceptions must be approved -- by the County. If at any time of the foregoing policies shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County, the Contractor shall, upon notice to that effect from the County, promptly obtain a new policy, and shall submit the same to the•County, with the appropriate certificates and endorsements, for approval. G. Verification of Coverage The Contractor shall furnish the County with certificates of insurance and endorsements required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on forms approved by the County and are to be received and approved by the County prior to the commencement of activities associated with the Contract. The County reserves the right to require complete, certified copies of all required insurance policies at any time. H. $ ubcontractors The Contractor shall include all Subcontractors as insureds under its policies, and /or shall furnish separate certificates of insurance and policy endorsements for each Subcontractor. Insurance coverages provided by Subcontractors as evidence of compliance with the insurance requirements of this Contract shall be subject to all of the requirements stated herein. I. Municipal or State Agency Provisions If the Contractor is a Municipal Corporation or an agency of the State of Washington and is self- insured for any of the above insurance requirements, M SER 95 09 -19 -94 9 . • 2. The Contractor will give notice of its nondiscrimination policy and obligation in all solicitations or advertisements for employees, and will send to each labor union or representative of workers with which it has a collective bargaining agreement or other understanding a notice of the commitments under this section. 3. The Contractor will comply with all applicable federal, state, and local laws and regulations regarding nondiscrimination in employment and will develop and implement such affirmative action plans and reporting procedures as may be required, and including those required by King County. 4. During the performance of this Contract, neither the Contractor nor any • party subconsulting under the authority of this Contract shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. It is unfair employment practice for any: (a) employer or labor organization to discriminate against any person with respect to referral, hiring, tenure, promotion, terms, conditions, wages or other privileges of employment; • (b) employment agency or labor organization to discriminate against any person with respect to membership rights and privileges, admission to or participation in any guidance prcgram, apprenticeship training program, or other occupational training program; (c) employer, employment agency, or labor organization to print, circulate, or cause to be printed•, published or circulated, any statement, advertisement, or publication relating to employment or membership, or to use any form of application therefore, which indicates any discrimination unless based upon a bona fide occupation qualification; (d) employment agency to discriminate against any person with respect to any reference for employment or assignment to a particular job classification; (e) employer, employment agency or a labor organization to retaliate against any person because this person has Apposed any practice forbidden by this chapter or because that person has made a charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under the provisions of King County Code, Chapter 12.18; • (f) publisher, firm, corporation, organization or association printing, publishing or circulating any newspaper, magazine or other written publication to print or cause to be printed or circulated any advertisement with knowledge that the same is in violation of King County Code Section 12.18.030 C., or to segregate and separately designate advertisements as applying only men to women unless such discrimination is reasonably necessary to the normal operation of the particular business, enterprise or employment, unless based upon a bona fide occupational qualification; M SER 95 09 -19 -94 11 . _ . . _ ._....... .._i...it!]if25i1.�:t2 r2t.t:.IN1R113.ti]1NS11JhAii01Y • • Contractor will prepare a Corrective Action Plan for the structural and /or programmatic changes necessary at its premises for compliance with Section 504 and the Americans with Disabilities Act (ADA). The Contractor shall return a notarized Disability Assurance of Compliance form end the Corrective Action Plan with the contract. The Disability Assurance of Compliance form and the Corrective Action Plan must be reviewed by the King County Office of Civil Rights and Compliance before the contract will be signed.. Please note that if the Contractor has previously submitted the Disability Assurance of Compliance form and Corrective Action Plan to the County, it is exempt from filing the Disability form for this current contractual year, provided the Contractor is in the same location. In this instance, the Agency will attach a copy of the original signed Assurance of Compliance form affirming continued efforts to comply with Sections 504 and the ADA of 1990. 4. The Contractor will complete all reports and forms provided by the County and will otherwise cooperate fully with the County in monitoring and assisting the Contractor in providing a nondiscriminatory program. •E. Minority and Women's Business Enterprises Unless waived, the Contractor shall fully comply with the provisions of King County Code Chapter 4.18. Failure by the Contractor to comply with any requirements of this Chapter shall be a material breach of contract. 1. During the term of this Contract, the Contractor shall: (a) Comply, as to tasks and proportionate dollar amount throughout the term of this Contract, with minority /women's business utilization requirements specified in the County's request for proposal and identified in this Contract. If this Contract is awarded to a firm or individual certified by the State of Washington Office of Minority and Women's Business Enterprise and recognized by King County as a minority or women's business, the minority /women's . business set - aside provision shall not apply provided that the certified firm shall perform at least 250 of the work of this Contract itself. (b) Request approval for any proposed substitution of minority /women's businesses. The King County Office of Civil Rights and Compliance will approve the substitution of a certified minority /women's business when: (1) The minority /women's business cannot perform the necessary tasks; or (2) The minority /women's business is unwilling to perform the • necessary. tasks. (c) Comply with the original Contract percentage use of minority business enterprises and /or women's business enterprises whenever M SER 95 09 -19 -94 13 ! • minority /women's business in compliance with King County Code Chapter 4.18. Because the actual amount of such damage is not reasonably calculable, the parties agree and stipulate that liquidated damages equal to the dollar value of the utilization lost to the County due to the violation, not to exceed 10t of the total dollar value of the Contract, shall be the amount required to compensate the County for resulting delays in carrying out the purpose of the program, the costs of meeting utilization goals through additional contracts, the administrative costs of investigation and enforcement and other damages and costs caused by the violation. The Contractor shall be liable to the County for such liquidated damages in the event the Contractor or a subcontractor fails to perform a commercially useful function and /or operates as a broker, front, conduit, or pass- through, as defined in King County Code, Chapter 4.18. F. Subcontracts and Purchasfs The Contractor will include this Section XIII in every subcontract or purchase order for goods or services which are the subject matter of this Contract. XIV. CONFLICT OF INTEREST A. The Contractor covenants that no officer, employee, or agent of the County who exercises any functions or responsibilities in connection with the planning and implementation of the scope.of services funded herein, or any other person who presently exercises any functions or responsibilities in connection with the planning and implementation of the scope of services funded herein shall have any personal financial interest, direct or indirect, in this Contract. The Contractor shall take appropriate.steps to assure compliance with this provision. B. If the Contractor violates the provisions of Subsection XIV(A) or . does not disclose other interest required to be disclosed pursuant to King County Code Section 3.04.120, as amended, the County will not be liable.for payment of services rendered pursuant to this Contract. Violation of this Section shall constitute a substantial breach of this Contract and grounds for termination pursuant to Section IX above as well as any other right or remedy provided in this Contract or law. XV. rNOTICES b Whenever this Contract provides for not ice to be provided by one party to another, such notice shall be in wr=.ting. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. • M SER 95 09 -19 -94 15 • XVIII.BNTTRE CONTRACT/WAIVER OF DEFAULT • The parties agree that this Contract is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. COUNTY: Contractor: FOR Signature - King County 'Executive Signature Ken Nyberg Date Name (Please type or print) City Manager Title (Please type or print) • Date Approved as to Form: Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY November 4, 1994 LONDI K. LINDELL, City Attorney • • SER 95 09 -19 -94 17 Exhibit A SCOPE OF SERVICES The City of Federal Way will collaborate with the Boys and Girls Club, local Asian community, and the Audubon Society to protect the beach at Dumas Bay from the harvesting of shellfish which is impacting the heron population. The funds will also-be used to make handicap accessibility improvements to the area. Funds will be used to purchase interpretive services and six interpretive signs to be posted in English, Korean, and other languages that explain the importance of not harvesting sea life. Volunteers will install the signs. The City will hire a contractor to install a handicap accessible gate and large sign. Project Schedule Task Responsibility Start Date End Date Site elevation City of Federal Way 5/96 5/96 Sign and gate Contractor 5/96 6/96 construction Sign installation Community Volunteer 6/96 6/96 Groups City of Federal Way Gate installation Community Volunteer 6/96 6/96 Groups City of Federal Way Project completion 8/96 U110A (12/1/95) • • • • Exhibit B Budget Page Contract Number: D22670D Name of Project: Dumas Bay Open Space Signage Fiscal Agent: City of Federal Way • Budget Item # Units or Unit or Budgeted Matching Line Hours Hour Rate Amount Funds Total Supplies/Materials Gate $2,500 $2,500 $5,000 Signs 6 $150/each 450 450 900 Lumber, concrete 6 $10 30 30 60 Volunteer Labor 64 Hours $15/hour 480 480 960 25% 966 121 121 242 Subtotal $3,460 $ 460 $6,920 Services Construction Contract: Signage 1 $5,000 $2,500 $2,500 $5,000 Gate Installation 1 $1,500 750 750 1,500 Translation Services 1,000 500 • 500 1,000 Subtotal P12111:::11: Totais $7,210 $7,210 $14,420 :• • ".._ _ U110 (12/1/95) • • • - • Exhibit C • Special Federal Requirements U rban Resources Partnership 1. Matching Resources Local matching resources are required. Match can be cash or in -kind donations or a combination. At a minimum, the local match value should equal the requested amount of Urban Resources Partnership (URP) grant funds. Resources of the match can not be from federal funds. Volunteer services Unpaid services will be valued at rates consistent with those ordinarily paid for similar work in the grantee's organization or at prevailing rate in the job market. Donated supplies and loaned equipment or space. Contribution will be valued at market value at time of donation. The Match Expenditure Statement shall be submitted by the Contractor to verify that the donated goods/services/labor being reported have been received and used during the reporting period. Final payment shall be withheld if there is not a 100% match of URP funding reported in the Match Expenditure Statement. 2. Project Progress Report and Final Report. The Contractor will provide Project Progress Reports documenting the progress of their project. The Project Progress Report shall be submitted with each invoice. A Final Report shall be provided by the Contractor with the final invoice. The reporting forms will be provided by King County. 3. Reimbursement Procedure Urban Resource Partnership grant funds can be requested and paid to the Contractor only after the costs have been incurred. To receive reimbursement, the Contractor must submit to Community Services Division (CSD) an accurate and complete invoice based on the Budget (Exhibit B) with supporting documentation such as bills which have been paid, receipts, or invoices that are due and payable. Do not send CSD the originals; keep originals in your project file and send copies. For each billing submit an original and two copies of the invoice with substantiating documentation attached to the original. CSD will supply the Contractor with invoice forms. • • Exhibit C 4. Construction Requirements Any construction contract with an award of $2,000 or more which is to be paid in whole or in part with URP funds requires federal prevailing wages (Davis Bacon and Related Acts) be paid. The agency must contact Housing and Community Development Program (HCD) prior to soliciting bids for construction work that is to be contracted out and paid for with URP funds as part of this project. Submit written specifications for the construction work to HCD staff. The appropriate federal wage determination will be provided to you along with any suggestions for the specifications for the work to be done by a contractor. The written description of work to be performed by the Contractor and the wage determination will constitute the bid specifications. Bid Solicitation: The specifications as approved by HCD must be used to solicit approximately 3 - 5 price estimates. The specifications may be mailed to prospective bidders, or bidders may review them at a specified location. • Set a deadline for accepting bids. • Obtain written bids. • Keep documentation of all responses. • Negotiate a contract with the lowest responsive bidder. • A firm fixed -price contract must be awarded • Hold a pre - construction conference prior to authorizing the start of work. HCD staff must attend the pre - construction conference. Federal labor standards reporting requirements will be explained at that time and the Contractor will be supplied with the necessary forms. • Obtain HCD staff approval to pay the Contractor. HCD staff will verify Contractor's compliance with labor standards and notify the agency whether or not the Contractor can be paid. • • Exhibit D Kin coon 94 DEC -6 Pi 3: 58 Department of Human Services 414 Smith Washington RECEIp rgn MOO 296-7689 Seattle, Washington 98104 n 0 EVf ' TTltTDD (206) 296 -5240 L; 1: C C 9 a 1 17t December 1, 1994 KC CIVIL P10ti i S COMPLIANCE • TO: Fred Stephens, Director, Department of Executive Administration David Leach, Manager, Purchasing Agency VIA: h, g g g cY RECEIVED DEC'. 1 3 1994 FM: Michael Emby, oord Fiscal Management KC CIVIL liltaH IS 8; M- l CO PL ANCE RE: 199 5 Service Agency ervice A Contracts: M/WB Waiver Request • y requesting a waiver from ha ter 4.18.070.B. we are re ue g 'n County Code, C q Pursuant to King tY Chapter mino ty women ' s business requirements for all of our contract agencies with ri / (M/WB) re q (]vi/WB annual contract amounts under $100,000. In all instances, "...the reasonable and necessary requirements of a contract render subcontracting or other participation of businesses other than responding party unfeasible..." P g P rtY We appreciate your consideration of this waiver. 1 � Approve/Disapprove / l`I/ j/ red Stephens, Director � Date Department of Executive Administration A isapprove / - 7 David Leach, Manager Date Purchasing Agency Approv /Disapprove Manfert M. Lee, Administrator Date Office of Civil Rights and Compliance • • ...: \ � CSR >p�C AL111t11 GERTIFICA7 OF INSURANCE 12/12/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Raleigh, Schwarz & Powell, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 1718 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Tacoma WA 98401 COMPANIES AFFORDING COVERAGE Dan DeLorenzo, CIC COMPANY PlaosNo. 206 - 572 -8222 R.N. A St Paul Fire & Marine INSURED COMPANY COMPANY C Fr City of Federal Way C 33530 First Way South COMPANY Federal Way WA 98003 -6210 o OVERAG S 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. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POUCY EXPIRATION UMITS YY LTR DATE(MM/DD/YY) DATE(MM/OD/) GENERAL LIABILITY GENERAL AGGREGATE $ $2,000,000 A X COMMERCIAL GENERAL UABIUTY GP06300085 01/31/95 01/31/96 PRODUCTS - COMP/OPAGG S $2,000,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ $1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $$1,000,000 X Stop Gap HRE DAMAGE (Any one fire) $ $ 100,000 MED EXP (Any one person) $ $ 0 AUTOMOBILE LIABILITY COMBINED SINGLE OMIT $ 1, 0 0 0 , 000 A X ANY AUTO GP06300085 i 01/31/95 01/31/96 ALL OWNED AUTOS I i BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED (Per accident) NON-OWNED AUTOS _ PROPERTY DAMAGE i GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ EXCESS UABIUTY I EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND 7 STATUTORY UMITS EMPLOYERS' UABIUTY RECEIVED EACH ACCIDENT $ THE PROPRIETOR/ INCL DISEASE - POUCY UMIT $ OFFICERS q EECUTIVE EXCL � k 4' DISEASE - EACH EMPLOYEE $ OTHER DEC Ad MANAGEMENT SERVICES CfTY OF FE ERAL WAY I I DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS King County it's officers, officials, employees and agents are hereby named additional insureds as respects liability, arising out of activiies C erformed by or on behalf of the Named Insured in connection with ontract No. D22670D, Dumas Bay Open Space Signage. CERTIFICATE HOLDER CANCELLATION 4 KING-41 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, King COUrity BUT • - E TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGAT1ON OR UABIUTY Smith Tower Building 506 2nd Ave Room 1115 • ANY • ND UPON TH COMPANY, ITS A • • REPRESENTATIVES. Seattle WA 98104 A ORI r REPRIKENT E tj2 an o zo, C ACORD 25-S (3/93)'' © ACORD CORPORATION 1993 • • PUGET SOUND URBAN RESOURCES PARTNERSHIP and KING COUNTY COMMUNITY SERVICES DIVISION Grant Award Ceremony, November 3, 1995 Grant Award Recipients I'M A PAL (International Marine Association Protecting Aquatic Life) This $15,101 grant supports restoration of a wetland area which is the site of a former sewage treatment plant in South Park, as well as the installation of viewing platforms and interpretive signs. More than 150 community volunteers will participate in tree planting and other restoration activities. King County Surface Water Management is a major contributor of funding and technical assistance. City of Kent Parks and Recreation Department A $19,595 grant will hire 8 - at - risk youth and provide training about composting, food production, soil preparation, water conservation, and alternatives to pesticide use. The youth will work with community volunteers to build 5 community gardens and train apartment residents in gardening and composting techniques. Technical assistance will be provided by the city's Recycling and Composting program, Cooperative Extension Master Gardeners, Natural Resources Conservation Services, the University of Washington Center for Urban Horticulture, and Seattle `filth. King County Surface Water Management Division This $6,433 grant will offer job training skills for 8 community at -risk youth that will teach them to provide water quality and pollution prevention information, and assistance to targeted non -- English speaker businesses located in White Center near Salmon Creek Basin. The targeted business are include small businesses such as automotive service shops, light manufacturing, and grocery stores. Organizations involved include King County's Business Recycling Program, White Center Chamber of Commerce, and the Environmental Coalition of South Seattle. Environmental Quality Commission , City of Lake Forest Park A $3,550 grant will be used to replace an existing culvert that is impassable for returning salmon as part of a creek restoration project located at Brookside School. The site will be used for environmental education activities including at -risk students. King County Surface Management, Brookside School, Shorecrest High School, Shoreline Public Schools, and the Mid -sound Fishery Enhancement Council are cooperators in this project. City of Renton Solid Waste Utility This $3,502 grant will support 3 interns from target populations who will canvass door -to -door to provide recycling education information to targeted non - English speaking and low- income multifamily residents. Materials addressing garbage disposal, conservation, and recycling will include signs, stickers, and brochures in Vietnamese, Spanish, Russian, and English. Tenant associations and the Renton Housing Authority will work with this project. Highline Community College A $22,522 grant will support the development of environmental learning center including four different areas, each representing a different Washington native plant environment on . (coastal, western Washington forest, subalpm Washington). and Eastern gt ) The center will be used by Community C High line high school classes, and open to community residents at n o charge. e. � Y Colle g a students, hi g P The project will also involve area businesses. City of Lake Forest Park This $2,516 grant supports a gardening education project that will involve 3rd, 4th, and 5th grade students at Brookside Elementary School. The project will target at -risk youth from a nearby p ublic housing project. Activities will include, green gardening in three raised planter beds, composting, irrigation, and pest management. King County Master Recycler Composter Program volunteers will artici ate. P P • • • Puget Sound Urban Resources Partnership Grant Award Recipients, Page 2 Seattle Audubon Society An $18,670 grant will mobilize community wetland habitat teams in three low - income neighborhoods (White Center Pond, Meridian Meadows, and Cavanaugh Ponds). Project activities will demonstrate educational and economic benefits to targeted adult and at -risk youth participants by incorporating job skills including bird and habitat identification, photography, computer data entry, public speaking, and community organization. Scientific data gathered will be shared with King County Surface Water Management Division. Existing Audubon partners include Cooperative Extension, Native Plant Society, Puget Sound Water Quality Authority, People for Puget Sound, King County Department of Development and Environmental Justice. This project targets the following new partners: Park Lake Homes Association, White Center Youth Task Force, Whit Center Chamber of Commerce, and local small businesses. Nautilus Elementary School Landscape Committee A $14,005 grant will help develop a natural forest area that will provide opportunities for environmental education for students, students from neighboring schools, and the community -at- large. Site activities include clearing undergrowth, removing diseased trees, building trails, and installing plant identification signs. Local Boy Scouts, Natural Resources Conservation Service, and the Marine Hills Garden Club will be involved in restoration and maintenance. City of Federal Way, Parks, Recreation, and Cultural Services Department A $7,210 grant will be used to develop and install interpretive signs in several languages of community residents, including Korean; and the construction of a wheelchair accessible gate in Dumas Bay Open Space. Cooperating organizations include the Boys and Girls Club of Federal Way and the Audubon Society. Science Links This $19,927 will involve about 250 intermediate students from Redmond Elementary School and community seniors from a senior center, retirement home, and local tribe working together to revegetate an historical salmon spawning and rearing stream and create a community environmental education site. At -risk students will be targeted as volunteers who will be involved in activities that include job skills such as reading, writing, making scientific measurements, organizing data, applying mathematics, propagating and planting plants, and carpentry. Participating entities include Redmond High School Biology class and Environmental Club, City of Redmond Parks and /or Public Works Departments, and King County Surface Water Management. Urban Environmental Awareness A $3,000 grant will support activities that increase environmental awareness of at -risk youth, provide opportunities for exploring environmental careers, and involve them in "hands on" activities including planting trees and plants in community open space areas located in the Renton Hi tw the environmental problems the be een he hland and S area in learning about h p g kY�'a Y g (pollution, degradation of fish habitat), urban growth, and community neglect. Projects will be developed with the Renton School District. Maywood Offers Recreation and Education This middle- school based teen center will use a $12,500 grant to implement environmental projects including developing a wild habitat zone; planting conifers on the Green and Cedar rivers; the clean -up of local waterways; storm drain stenciling, raising and planting salmon eggs; and cleaning up local hiking trails. City of Auburn Parks and Recreation This $12,500 grant will support environmental education activities carried out under the Youth Adventures and After School Programs, the development of environmental education activities and maintenance of the new Urban Wildlife Habitat at the City Park. For more information, contact the Puget Sound Urban Resources Partnership office at 543- 7303/Fax 616 -2685. 111 . rl 4) O 0 . ct * )44 Z �-' i.o.. c. ai tli t.) 0 0 -5 0 W a p a) _ ct . Z P-1 r_) o ct3 U c '� U co (I) c '4...1 . o c o �� ou E 0 U (714 a) * CC U.