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HomeMy WebLinkAbout79-06 - Res. Establishing and Dispersing Parks Safety Net FundsAI SOL J 1 TC \ NO. 79M6 AGREEMENT FOR T HIE 1ESTAB1L 1�TSIPIKRS H IPA_(KS SAFETY S IFIEVI k \ `ll' ET FUN S rlw;5 AGR HFMIH is made and entered into as of the date indica!ed below by and between Northwest Parks Foundation (PF)7 a Washington non-profit corporation and Mason County -'ar:Ks MCP; and the parties' respective successors and assigns. y P and MCP are co=-ective-y referred to as the "part] es" in this agreement. REC AL S 4 1. MCP is cornmitted to pursuing new ways of doing business to ensure t gat parks and recreational facilities will be o oen, accessible, enhanced, and maintained for all users. This desire can be facilitated by estab_ishing agreements with non-profit associations to assist in deve-oping aid maintaining park and recreational facilities and prog�anns. 9. MCP owns and maintains several park and recreation facilities that provide a wide e variety of sports, athletic, a d recreational activities as an integral parr of its operations. . NPF is a private, non -pro fit • organization-e .. y - ivcs through active recreation parks. NPF promotes healthy citizens and communities by protecting and encouraging the enhancement and development of park and recreation facilities and resources for this and future generations. Established in November o±' 2002, NPF designed the Parks Safety Net Program to provide direct and indirect support to park and recreation agencies, school districts, and parks facility user groups. NPF has a boundless service area with primary focus on agencies, school districts, and user groups geographically residing within Washington State. NPF operates on a nondiscriminatory basis. 4. MCP and NPF desire to enter into an agreement whereby the public can make tax- deductible contributions to the "Parks Safety Net Fund" which are directed to the MCP for designated uses. NOW, THEREFO 1E, in the parties agree as follows . Establish Re1atthnshilpo MCP and NPF agree to enter into an arrangement whereby NPF, as a 5 O aL (c) 3 organization, will accept tax deductible donations from the public on beialf of MCP and will transfer such funds to MCP on a monthly basis. VCP agrees that NPF may deduct actua- expenses for a1 donations and a 5% service fee for each donation. Remaining donated fuids beheld by \ PEin a nor -interest beari account prior to transfer to i\ CP o -g Specific donations may be designated for general Cony se or may be directed to a specific Dark facility, park enhancement, or program . l PF will confirm and assume so e Resolution No. '/9-06 Page 2 of 5 and excJ,usive resporisibi ity that any such designation conforms with applicabe 1i tern a� Revenue S erv:ce reg rations governing charitable donations. The County agrees, subject to applicable records retention schedules, to document and maintain records verifying the dispersa- of suc--1 ands for the uses designated therefore and that these funds did not replace funding aready aloca:cd to the County from othesources. oth parties agree to adhere to the Donor Bi 1 or Rights ,attached as Exhibit 2) and incorporated Lierein by Lis reference as if set forth, and agree to honor the provisions contained therein as reasonably practical. The responsibility for park and recreation facility deve=op ment, maintenance, and operations remains with the MCP unless otherwise agreed to by MCP and donor. 2. Complbbnce with pp1fic2ab1e Laws. NP d MCP s=aa{1 cow ply witall applicab 30 aws, ordinances, and regulations in using funds provided throughthis A greement inc uding, to the extent applicab=e, lose related to "public works", payment of prevailing wages and competitive bidding of contract. MCP shall indemnify and defend NPF silmiid it be sued -or -made the subject of an administrative investigation or .2 caring foa violation by MCP of such laws related to this agreement. N PF shall indemnify and defend MCP should it be sued or made subject of an administrative investigation or i.earing r a violation by NP F of such laws related to this agreement. e Trl_demniflcation NPF shall protect, save harmless, indemnify and defend, a- its own expense, VCP, its officers, employees and agents, from any loss or claim for damages of any nature whatsoever brought by any third party, but only to the extent such loss or claim results from NPF's failure to comply with any duty or obligation undertaken by it under this Agreement, or any negligence or willful misconduct of N 31c in carrying out its duties and obligations under this Agreement including c- aims by NPF employees. MCP shall protect, save harmless, indemnify and defend, at its own expense, NPF, its officers, employees and agents, from any loss or claim for damages of any nature whatsoever brought by any third party, but only to the extent such loss or claim resu ts from VCP's .hire ':o comply with any duty or obligation undertaken by it under this gAeement, or any negligence or willful misconduct of MCP in carrying out i is duties nd obligatiois under this Agreement incuding cairns by MCA' employees. Medifl itfidn of Disputes. If a dispute arises between the parties as {_o the terms, conditions, or perfrmance of this Agreement instead of going to court, the parties agree to mediate the dispute through a mediation service or other n eutrai gird party. The purpose of this mediation agreement is to provide al h expensive and effective manner° which to resolve any trod enn between the parties. Resolution No, /9-06 Page 3 of5 5. Term ©f Agreemerat0 The term of t�us agreement sha1 be for five yeas from tine effective date and will automatically renew for successive ive year periods unless terminated by either party as provided herein. 6. Termff ladon of greemento This agreement may be terminated with or without caJse by eithe- party upon six months written notice as provided herein. 7. I ntke Agreement. with respect to the subj except as expressy sec lis agreement contains tentire agreement among the parties ect matter hereof There are not other agreements, or written, 7orth hereir 8. Amendments fin Wrrfitfingo Any amendment or modification of this ag writing and executed by the parties agreeing the- eto° eernent nTus� be in 9e N oA-flceo Any notice, der and, or request to a party required or permitted under this Agreement must be in writing, sent postage prepaid via firs d-cuss U.S. mail, or hand- cleivered, to the party at the address set forth below (or at such oaddress and to such of _er recipient as may be designated by a party in a notice to the other parties). For convenience of the parties, notices relay aso be transmitted informally via facsimile or electronic mall de -mail), but no notice w: ` be deemed given or effec~ive until mailed or hand -delivered as required in this subsection. A ll such notices, if mailed, become effective three business days after deposit in an officially -designated U.S. mail receptacle, or, if hand -delivered, upon receipt. Notices must be given as follows a) If to Mason County Parks Department. lb) Mason County Parks and Trails Manager East 2100 Johns Prairie load P .O. Box 2286 Shelton, WA 98584 f to Northwest Pa_, cs Foundation Board President' P .O. ox 605 Woodinville, W. 98072-0605 Executive Director P .O. Box 605 Woodinville, WA 98072-0605 Resolution N o o 794J6 Page 4 of 5 � O. No CContIlliu ufinig Waiver of Default. TI-ie waiver of any default under any provision of this agreement does not constitute a waiver of any othe_p default, whether of ele same or on any other provision. 11. Authority or Sfgntureo leach person executing this Agreement en behalf of a party :epresen's and warrants that he or she has tile achouty of suc;-i party to enter into this Agreement on the terms and conditions herein stated. 2. Appl cab e Washing �a.W0 greement shall be construed under ,he laws o 3. Execution n Counterpa_a'so This A\ greemen which shad be deemed an original. he State of may be executed in counterparts, each of �o Headflngs not Tart of Ag7eemento The headings of the vano-�is sections and subsections of this Agreement are insetted for convenience only and siron limit, or otherwise affect its terms and conditions. 5o I`` a aeconling of kgreemei'o his greement sha 110 befi be deemed to cxpanc , ed for recording 6 IExhftbfts Incorrpoiratedo The exhibits attached to this Agreement are incorporated heTrei; by this reference as if fully set forth.' 17. Lf°fec:eve Date of Agreement° The effective date o its execution by the last party to execute it. this Agreement shall be the date o f 8 Assignability, Agreement Binding on Successo:s , .n Assfigi s. Any or all of the rights and obligations of a party to this Agreement may be assigned and delegated to other persons, firms, or corporations without the consent of the other party. This Agreement shall be binding on such assignees and delegates. TN WITNESS WHEREOF, the parties hereto execute this agreement as of the last day w below: 1 ten Resolution No, 79=06 Page 5 of5 For Taso L County _Board of Commissfione By By Date Attest: CIAJ1,907/\-9 da ! ing Ericks , Chair StA/2e-- Tim Sheldon, Commi'sioner i TN), Jayii Kmin, Commissioner Date C._ (,„:1 Becky I'.' ogees, Clerk of e Board 67///0(, Approved as to form: By Date 1 Fos Northwest Illir ks Fat in, I�eputy Prosecfng Attorney y Zrad'Iatfl®rri Kristen lush, Executive Director Date