22-093.00 Spokane Parks Foundation: Aquatics Scholarships Contract No. 22-093.00
AGREEMENT FOR SERVICES
Spokane Parks Foundation
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the
State of Washington,hereinafter"City"and Spokane Parks Foundation,hereinafter"Consultant,"jointly
referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1.Purpose.The Spokane Parks Foundation"Make A Splash"program supports its commitment to
funding swim opportunities and lessons for all children.The Consultant desires to work with the City to
provide funding for swim lesson scholarships and free water safety clinics.
2. Consultant Responsibilities.
A. Consultant shall provide funding to the City with up to$2,000 to be applied for swim lesson
and swim team scholarships and up to$2,000 to reimburse costs for free water safety clinics
offered throughout the season at each outdoor pool.
B. The Consultant shall make payment to the City based upon receipt of an invoice at the end of
the season from the City for all swim lesson and swim team scholarships and free water safety
clinic costs.
3. City Responsibilities.
A. The City shall publicize scholarship opportunities and free water safety clinics through email,
social media and on the City website as part of its normal of the normal distribution of recreation,
park and aquatic materials.
B. The City shall establish eligibility criteria.
C. The City will keep track of the approved scholarship fees and invoice the Consultant at the end
of the season for up to$2,000 for both swim lesson and swim team scholarships and up to$2,00s
for free water safety clinics costs.
D. The City shall be entitled to choose which dates are available to hold free water safety clinics.
4.Administration. The City Manager or designee shall administer and be the primary contact for this
Agreement.
5.Modifications. City may modify this Agreement whenever necessary or advisable. Consultant will
accept modifications when ordered in writing by the City Manager.Compensation for such modifications
or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the
work as are necessary to correct errors or omissions appearing therein when required to do so by City
without additional compensation.
6.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain
in effect until completion of all contractual requirements have been met as determined by City.
Either Party may terminate this Agreement for material breach after providing the other Party with at least
10 days' prior notice and an opportunity to cure the breach. City may, in addition,terminate this
Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without
breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to
the termination date.
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Contract No. 22-093.00
7. Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge, City Clerk Name: Spokane Parks Foundation
Phone:(509)720-5000 Phone: 509-326-5233
Address: 10210 East Sprague Avenue Address: PO Box 8127,
Spokane Valley,WA 99206 Spokane,WA 99203
8.Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply
with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,
construction documents,and services shall conform to all federal, state,and local statutes and regulations.
9. Certification Reaardinu Debarment,Suspension,and Other Responsibility Matters—Primary
Covered Transactions.
A. By executing this Agreement,the Consultant certifies to the best of its knowledge and belief
that it and its principals:
1. Are not presently debarred, suspended,proposed for debarment,declared
ineligible,or voluntarily excluded from covered transactions by any federal department
or agency;
2. Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining,attempting to obtain,or performing a public
(federal,state,or local)transaction or contract under a public transaction;violation of
federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,
falsification or destruction of records,making false statements,or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(federal,state,or local)with commission of any of the offenses
enumerated in paragraph(A)(2)of this certification;and
4. Have not within a three-year period preceding this application/proposal had
one or more public transactions(federal,state,or local)terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification,such prospective participant shall attach an explanation to this Agreement.
10.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent
contractor and not the agent or employee of City,that City is interested in only the results to be achieved,
and that the right to control the particular manner,method, and means in which the services are performed
is solely within the discretion of Consultant. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely
responsible for the conduct and actions of all its employees under this Agreement and any liability that
may attach thereto.
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Contract No.22-093.00
11. Ownership of Documents. All drawings,plans, specifications,and other related documents prepared
by Consultant under this Agreement are and shall be the property of City,and may be subject to
disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written,graphic,
mapped,photographic,or visual documents prepared by Consultant under this Agreement shall,unless
otherwise provided,be deemed the property of City. City shall be permitted to retain these documents,
including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies
in the form of computer files, for the City's use. City shall have unrestricted authority to publish,
disclose,distribute,and otherwise use,in whole or in part,any reports,data,drawings,images,or other
material prepared under this Agreement,provided that Consultant shall have no liability for the use of
Consultant's work product outside of the scope of its intended purpose.
12.Records. The City or State Auditor or any of their representatives shall have full access to and the
right to examine during normal business hours all of Consultant's records with respect to all matters
covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or
transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record
of matters covered by this Agreement for a period of three years from the date final payment is made
hereunder.
13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the
power,right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in
one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All
remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition
to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the
provisions of this Agreement or to require at any time performance by the other Party of any provision
hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
Agreement or any part thereof.
14.Assignment and Delegation. Neither Party may assign,transfer,or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without prior written consent of the
other Party.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be
joined as a party in any arbitration proceeding between City and any third party that includes a claim or
claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant
further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that
judgment may be entered upon it in any court having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness
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Contract No. 22-093.00
fees).
19.Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified,or altered except in writing signed by the Parties hereto.
20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act
or action related to this Agreement shall have or acquire any interest in this Agreement,or have solicited,
accepted,or granted a present or future gift,favor,service, or other thing of value from any person with
an interest in this Agreement.
21. Assurance of Compliance with Applicable Federal Law. During the performance of this
Agreement,the Consultant,for itself,its assignees,and successors in interest agrees as follows:
A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in
subsection G, below("Pertinent Non-Discrimination Authorities")relative to non-discrimination
in federally-assisted programs as adopted or amended from time-to-time,which are herein
incorporated by reference and made a part of this Agreement.
B. Non-discrimination. Consultant,with regard to the work performed by it during this
Agreement,shall not discriminate on the grounds of race,color,or national origin in the selection
and retention of subcontractors,including procurements of materials and leases of equipment.
Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts
and the Regulations,including employment practices when the contract covers any activity,
project,or program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts,Including Procurements of Materials and Equipment. In all
solicitations,either by competitive bidding,or negotiation made by Consultant for work to be
performed under a subcontract,including procurements of materials,or leases of equipment,each
potential subcontractor or supplier shall be notified by Consultant of Consultant's obligations
under this Agreement and the Acts and the Regulations relative to non-discrimination on the
grounds of race,color,or national origin.
D. Information and Reports. Consultant shall provide all information and reports required by the
Acts,the regulations,and directives issued pursuant thereto,and shall permit access to its books,
records,accounts, other sources of information,and its facilities as may be determined by the
City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and
instructions.Where any information required of Consultant is in the exclusive possession of
another who fails or refuses to furnish the information,Consultant shall so certify to the City or
the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non-
discrimination provisions of this Agreement,the City will impose such contract sanctions as it or
the WSDOT may determine to be appropriate, including,but not limited to:
1. Withholding payments to Consultant under the Agreement until Consultant complies;
and/or
2. Cancelling,terminating,or suspending the Agreement,in whole or in part.
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Contract No.22-093.00
F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these
Contract Clauses in every subcontract,including procurements of materials and leases of
equipment,unless exempt by the Acts,regulations and directives issued pursuant thereto.
Consultant shall take action with respect to any subcontract or procurement as the City or the
WSDOT may direct as a means of enforcing such provisions,including sanctions for
noncompliance. Provided,that if Consultant becomes involved in,or is threatened with litigation
by a subcontractor or supplier because of such direction, Consultant may request that the City
enter into any litigation to protect the interests of the City. In addition, Consultant may request
the United States to enter into the litigation to protect the interests of the United States.
G. Pertinent Non-Discrimination Authorities:During the performance of this Agreement,the
Consultant agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to:
Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),
(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;
and 49 Part 26;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),(prohibits discrimination on
the basis of sex);
Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. §794 et seq.),as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982,(49 U.S.C. §471, Section 47123),as
amended,(prohibits discrimination based on race,creed,color,national origin,or sex);
The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage
and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of
the terms "programs or activities"to include all of the programs or activities of the
Federal-aid recipients,sub-recipients and contractors,whether such programs or activities
are Federally funded or not);
Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on
the basis of disability in the operation of public entities,public and private transportation
systems,places of public accommodation,and certain testing entities(42 U.S.C.
§§12131-12189)as implemented by Department of Transportation regulations at 49
C.F.R. parts 37 and 38;
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Contract No. 22-093.00
The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. §47123)
(prohibits discrimination on the basis of race,color,national origin,and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations,which ensures Non-discrimination against
minority populations by discouraging programs,policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
Executive Order 13166,Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance,national origin discrimination includes
discrimination because of Limited English proficiency(LEP). To ensure compliance with
Title VI,you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs(70 Fed.Reg. at 74087 to 74100); and
Title IX of the Education Amendments of 1972, as amended,which prohibits you from
discriminating because of sex in education programs or activities(20 U.S.C. §1681 et
seq.).
22. Business Registration. Prior to commencement of work under this Agreement, Consultant shall
register with the City as a business if it has not already done so.
23. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be
invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of
any other section, sentence,clause, or phrase of this Agreement.
24. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Copy of Acceptance Email from Spokane Parks Foundation.
The Parties have executed this Agreement this / / day of(l}?�y?,y ,20 ` .-1.
CITY OF SPOKANE VALLEY SPOKANE (PARKS FOUNDATION:
J Hohman,City Manager y:
Its: Authorized Representative
APPROVED AS TO FORM:
Office of e City ey
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Hello Kendall,
We are happy to confirm that the Spokane Parks Foundation will budget a total of$4000 in Make a
Splash in a Kid's Life funds for City of Spokane Valley aquatics. Here is the breakdown:
1. $2000 for swim lesson scholarships
2. $2000 for drowning prevention/water safety clinic(s)
Please note,you can invoice us at any time for funds used up to the amounts listed above. Once you've
determined how many full and/or partial scholarships you award and how many clinics take place,
please simply send us an invoice for funds used. Please do specify how many kids received scholarships
and how many attended the clinics.We would like to share information with our donors on the impact
their gifts have made.
We do have some flexibility,so if your needs change please just let me know. For example, if you offer
fewer drowning prevention clinics but have more kids in need of scholarships,we can adjust the award
amounts as long as it does not exceed a total of$4000.
Let me know if you have any questions at all, and thanks so much for all that you do!
Cheers,
yvo o,a
Yvonne Trudeau,Development Associate
Spokane Parks Foundation
Post Office Box 8127
Spokane,WA 99203
Phone:(509)280-1664
Email: Yvonne@spokaneparksfoundation.org
(1951-2021)
SPOKANE PARKS
FOUNDATION.oRc