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HomeMy WebLinkAboutR-2022-037 Resolution authorizing a Grant Agreement for a Summer Experiences & Enrichment for Kids (SEEK) programA RESOLUTION RESOLUTION NO. R-2022-037 accepting and authorizing a Grant Agreement for a Summer Experiences & Enrichment for Kids (SEEK) program to be administered by the City of Yakima Parks and Recreation in the amount of $135,125. WHEREAS, the City of Yakima (City) was granted $135,125 from the SEEK Fund, a program of the Washington Office of Superintendent of Public Instruction ("OSPI") in collaboration with Association of Washington Cities ("AWC") to provide funding for summer programs for kids; and WHEREAS, with this grant funding, Yakima Parks and Recreation would like to provide a new free program dedicated to creating a safe, positive and inclusive environment for teens at the Washington Fruit Community Center (WFCC) with activities such as basketball, soccer, pickleball, tabletop and video games, enrichment classes and movie nights; and WHEREAS, Yakima Parks and Recreation will also use funding to provide Summer Programs at both Kissel Park and Miller Park/WFCC; and WHEREAS, City Council approval is necessary in accepting the terms and conditions of the Grant Agreement; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to accept the $135,125 grant from the SEEK Fund, and authorizes the City Manager to enter into a Grant Agreement with AWC; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council of the City of Yakima hereby accepts the $135,125 grant from OSPI and AWC as awarded and authorizes the City Manager to execute the Grant Agreement between the City and the AWC, and any other necessary documents to accept the award and funds, attached hereto and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this 1st day of March, 2022. ATTEST: \MA onya la - Tee, City ,A(k ;! . �...? Janice Deccio, Mayor 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: March 1, 2022 ITEM TITLE: Resolution authorizing a Grant Agreement for a Summer Experiences & Enrichment for Kids (SEEK) program SUBMITTED BY: Scott Schafer, Director of Public Works Ken Wilkinson, Parks and Recreation Manager 576-6416 Tami Andringa, Recreation Supervisor SUMMARY EXPLANATION: The City of Yakima was awarded a grant of $135,125.00 for a Summer Experiences & Enrichment Kids (SEEK) program. This Grant Agreement formalizes the issuance of the grant and outlines ez party's obligations with regards to the funding. With the grant funding, Yakima Parks and Recreation would like to provide a new free program dedicated to creating a safe, positive and inclusive environment for teens at the Washington Fruit Community Center (WFCC) with activities such as basketball, soccer, pickleball, tabletop and video games, enrichment classes and movie nights. In addition, funding would be used towards Summer Programs at both Kissel Park and Miller Park/WFCC. ITEM BUDGETED: No STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date D Resolution SEEK Grant 2/22/2022 D Agreement 2/18/2022 Type Resolution Contract DocuSign Envelope ID: 226C9ACC-3014-4918-B566-0A3D46399930 SEEK Funding Opportunity Subcontractor Funding Agreement Association of Washington Cities Service Subcontract ("Subcontract") with City of Yakima Parks and Recreation through Summer Experiences & Enrichment for Kids Fund (SEEK Fund) A program of the Washington Office of Superintendent of Public Instruction (OSPI) For Jurisdiction Name City of Yakima Parks and Recreation Program Description 1. WFCC Teen Zone 2. Summer Program Start date: April 15, 2022 End date: November 15, 2022 000 sign Envelope ID: uzncnAcc-3o14-4o1*Boos-OAuo4sooe9ao FACE SHEET Subcontract Number: 23-58 Association nfWashington Cities VAmC1 Summer Experiences & Enrichment for Kids (5EEN)Fund The Association of Washington Cities (AWC) is working in collaboration with and generally under the direction from CISPI to prnvdeevidence'based,outdoor,summerenrichmentproQmmstoyouthinK'12(a8es4-%1).Fundsforthissubcontract are intended to prevent, prepare for, or respond to the COVID-19 pandernic, including its impact on the social, emotional, mental health, and academic needs ofstudents. /1. Subcontractor 2301 Fruitvale Blvd Yakima, WA 98902 509-575-8020 3. Subcontractor Representative �Robert *arrismn' city manager S.Subcontract Amount �6. Start Date � April 15,2UZZ 2. Subcontractor Doing Business As (optional) oaA wame omx wailing Address oa^ physical Address 4.AWCRepresentative Jacob Ewing 1O70Franklin Street SE Legislative Policy Analyst Olympia, WA 1 (]60)753'4137 98501 � ]acobe@awcnetorg 7. End Date November 15.2U2Z �9.Subcontract Purpose Carry out summer activities under the OSPI SEEK program as described in Attachment A. ] AWC and the Subcontractor, as defined above, acknowledge and accept the terms of this Subcontract and attachments and have | executed this Subcontract on the date below to start as of the date and year referenced above. The rights and obligations of both � parties to this Subcontract are governed by this Subcontract and the following other documents incorporated by reference: Subcontractor General Terms and Conditions including Attachment "A" - SEEK Application/Scope of Work; Attachment "B" - Project Costs VVork»heet; Attachment "C"-Subcontractor Data Collection; Attachment (D)- SvbcontramorAQent(s); Attachment E Proclamation 21-14 COVID-19 Vaccination Certification. FOR SUBCONTRACTOR �,,poctrSigne/by: l%� ]/7/ZO2Z Date CITY CONTRACT NO: RESOLUTION FOR Association ofWashington Cities �01116 ]/IO/ZOZZ /Date Last revision 11/23/2021 1 000uaignEnvelope ID: 226o9^oo-3014-4918-B566-OA3o46399930 SEEK Funding Opportunity Subcontractor Funding Agreement 1. SUBCONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the Subcontract contact person for all communications and billings regarding the performance of this Subcontract. The Representative for AWC and their contact information are identified on the Face Sheet of this Subcontract. The Representative forthe Subcontractor and theircontact information are identified on the Face Sheet of this Subcontract. 2. PAYMENT AVV[shaU pay an amount not to e performance ofall things necessary for or incidental to the performance of work as set forth in the SEEK Application and described in Attachment A. Subcontractor's compensation for services rendered shall be based on the completion of duties as outlined in the SEEK application, in Attachment A, in accordance with the following sections. 3. 8|UUNG PROCEDURES AND ,PAYMENT AVVC will reimburse Subcontractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative forAVVC not more often than monthly. Subcontractor will use the invoice form provided by AWC to request reimbursement. The invoices shall describe and document, tuAVV['ssatisfaction, adescription of the k performed, the progress of the project, and fees. The invoice shall include the . A receipt must accompany any single expenses in the amount of $50.00 or more inorder 'to receive reimbursement. If errors are found in the submitted invoice o/ supporting documents, AVVC will notify the Subcontractor to make corrections in a timely manner, resubmit the invoice and/or supporting documentation asrequested, and notify AVV[. Payment shall be considered timely if made by AWC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subcontractor. AVVC may, in its sole discretion, terminate the Subcontract or withhold payments claimed by the Subcontractor for services rendered if the Subcontractor fails to satisfactorily comply with any term orcondition ofthis Subcontract. No payments in advance or in anticipation of services or supplies to be provided under this Subcontract shall bemade byAVVC. Duplication of Billed Costs The Subcontractor shall not bill AVVCfor services performed under this Subcontract, and AVVC shall not pay the Subcontractor, if the Subcontractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. This does not include fees charged for summer recreation programs. Disallowed The Subcontractor is responsible for any audit exceptions or disallowed costs incurred by its own organization nrthat ofits subcontractors. omwaignEnvelope ID: ucncoxoc-3o1*-4o18-onon*Aao«sonnnnn SEEK Funding Opportunity Subcontractor Funding Agreement Final Reimbursement and Reporting Deadline When the project is completed the Subcontractor must submit a final invoice, final report, and supporting documents needed to close out the project no later than October 1, 2022. AVVC shall withhold 10 percent (10%) from each payment until acceptance by AVVC of the final reporting from the Subcontractor has been submitted and verified. 4. SVBCONTRACTOR DATA COLLECT11ON/REPORTING REQUIREMENTS, Subcontractor will submit reports, in a form and format to be provided by AWC (See Attachment Q. Data must be provided toAVVCalong with final billing. 5. AGENT(Sl Agent(s) in this contract refers to any third -party entity and its employees that the Subcontractor has subcontracted with to provide services funded through this agreement. The Subcontractor is responsible for ensuring that any agent complies with the provision herein. Any of the Subcontractor's agent(s) that will provide director supervision of youth through programs funded by this contract must be listed in Attachment D—SuboontractorAgent(s) and must provide proof ofinsurance per Section 6ofthis document. Gi INSURANCE a. Workers' Compensation Coverage. The Subcontractor shall at all times comply with all applicable workers' compensation, occupational disease, and occupational health and safety laws, statutes and regulations tuthe fullest extent applicable. This requirement includes the purchase of industrial insurance coverage for the Subcontractor's employees, as may now hereafter be required of an ^emp|oyer^ as defined in Title 51 RCVV. Such workers' compensation and occupational disease requirements shall include coverage for all employees ofthe Subcontractor, and for all employees of any subcontract retained by the Subcontractor, suffering bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this Subcontract. Satisfaction ofthese requirements shall include, but shall not belimited to: i Full participation in any required governmental occupational injury and/or disease insurance program' to the extent participation in such a program is mandatory inany jurisdiction; ii Purchase workers' compensation and occupational disease insurance benefits to employees infull compliance with all applicable laws, statutes, and regulations, but only to the extent such coverage is not provided under mandatory governmental program in^a^above, and/or; iii Maintenance of legally permitted and governmentally approved program of self-insurance for workers' compensation and occupational disease. Except tothe extent prohibited bylaw, the program oftheSuboontractor'scump|iancewithmmrken/ compensation and occupational disease laws, statutes, and regulations in 1)' I)' and 3)above shall oorueignEnvelope ID: zencoAoc-3o14-4e1a-Boso*Ano4oneonnn SEEK Funding Opportunity Subcontractor Funding Agreement If the Subcontractor, or any agent retained by the Subcontractor, fails to effect and maintain a program of compliance with applicable workers' compensation and occupational disease laws, statutes, and regulations and AVVC incurs fines or is required bylaw to provide benefits to such employees, to obtain coverage for such employees, the Contractor will indemnify AWC for such fines, payment of benefits to Subcontractor or Subcontractor employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf ofsuch employees. Any amount owed AVVC by the Subcontractor pursuant to the indemnity may be deducted from any payments owed by AWC to the Subcontractor for the performance of this Subcontract. b. Automobile Insurance. In the event that services delivered pursuant to this Subcontract involve the use of vehicles, owned or operated by the Subcontractor, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. c. Business Automobile Insurance. In the event that services performed under this Subcontract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Subcontractor -owned personal vehicles are used, a Business Automobile policy covering a minimum Code 2 "owned autos un|y" must be secured. If the Subcontractor's employees' vehicles are used, the Subcontractor must also include under the Business Automobile policy Code 9,coverage for "nun-ownedautos" The minimum limits for automobile liability is: $1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage. d. Public Liability insurance (General Uabi|ity)' The Subcontractor shall a1all times during the term ofthis Subcontract, atits cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death, or property damage occurring or arising out of services provided under this Subcontract. This insurance shall cover such claims as may be caused by any act' omission' or negligence of the Subcontractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased from time to time as deemed necessary by AVV[, with the approval of the Subcontractor (which shall not be unreasonably withheld), shall not be less than as follows: Each Occurrence $1,000,000 Products -Completed Operations Limit $2,000000 Personal and Advertising Injury Limit $1,000000 Fire Damage Limit (any one fire) $ 50,000 e. Local Governments that Participate inaSelf-insurance Program. Alternatively, Subcontractors may maintain a program of self-insurance or participate in aproperty/liability pool with adequate limits to comply with the Subcontract insurance requirements or as is customary to the contractor or subcontractor's business, operations/industry, and the performance of its respective obligations under this Subcontract, ooruaignEnvelope ID: uuncnAoc-3n14-4o1u-Bono-OAno4oaeaoan SEEK Funding Opportunity Subcontractor Funding Agreement t Additional insured. The Office of Superintendent of Public Instruction, and the Association of Washington Cities, shall bespecifically named asanadditional insured on all policies, including Public Liability and Business Automobile, except for liability insurance on privately -owned vehicles, and all policies shall be primary to any other valid and collectible insurance. AWC and OSPI may waive the requirement to be specially named as an additional insured on policies, including Public Liability and Business Automobile, provided that the Subcontractor provides: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self -insured risk management programs or self-insured/liability pools must comply with RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance Program, the Washington State Auditor's reporting requirements and all related federal and state regulations. Subcontractors participating in ajuint risk pool aho|| maintain sufficient documentation to support the aggregate claim liability information reported onthe bu|onoo sheet. The AVVCand OP5|, its agents, and employees need not be named as additional insured under a self -insured property/liability poo|, if the pool is prohibited from naming third parties as additional insured. g. Proof ofInsurance. Certificates and orevidence satisfactory totheAVVCconfinnin0thesxistenoe, terms and conditions of all insurance required above shall be delivered to AVV[ within five (S) days of the Subcontractor's receipt of Authorization to Proceed. h. General Insurance Requirements. Subcontractor shall, at all times during the term of the Subcontract and at its cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy and maintain the required insurance may result in the termination of the Subcontract atAVVC'soption. By requiring insurance herein' AVV[dues not represent that coverage and limits will be adequate to protect Subcontractor and such coverage and limits shall not limit Subcontractor's liability under the indemnities and reimbursements granted toAVVCin this Subcontract. Subcontractor shall include all agents of the Subcontractor as insureds under all required insurance policies, or shall furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance requirements stated herein. Failure ofaQent(s) to comply with insurance requirements does not limit Subcontractor's liability or responsibility. 7. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract the inconsistency shall be resolved by giving precedence inthe following order: • Applicable federal and state ofWashington statutes and regulations • Subcontract and Subcontractor General Terms and Conditions • Attachment 4—SEEK Application & Scope ofWork = AttachmentB—BudQetandProjectCosLsVVorksheet • Attachment[—SubcuntroctorReportingRequirements • Attachment D—Subcontractor A0ent(s) • Attachment E Proclamation 21'14[OV|D'19Vaccination Certification onvusignEnvelope ID: 226o9xoC-3014-49/8-B566-OA3o4e399930 SEEK Funding Opportunity Subcontractor Funding Agreement SUBCONTRACTOR GENERAL TERMS AND CONDITIONS 1. Access to Data. In compliance with Chapter 39.26 RCVV the Subcontractor shall provide access to data generated under this Subcontract toAVV[ and to the extent necessary to comply with R[VV 39.26, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Subcontractor's reports, including computer models and methodology for those models. 2. Alterations and Amendments. This Subcontract may beamended only bymutual agreement ofthe parties in writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized tobind each ufthe parties. 3. Americans with Disabilities Act (AQA)of199O Public Law 1O1-336 also referred tmasthe "A0A"2Q CFR Part 35. In relation to this Subcontract, the Subcontractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. Assignment. Neither this Subcontract nor any claim arising under this Subcontract, shall be transferred or assigned by the Subcontractor without prior written consent of AWC. S. Assurances. AVVCand the Subcontractor agree that all activity pursuant tothis Subcontract will bein accordance with all applicable current federal, state and local laws, rules and regulations. G. Attorney's Fees. In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney's fees and costs. 7. Budget Revisions. Any monetary amount budgeted by the terms of this Subcontract for various activities and line item objects ofexpenditure, asoutlined inAttachment 8—Budget and Project Costs VVorksheet,may berevised without prior written approval ofAVVC solong asthe revision isnomore than ten percent (10%) of the original line item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to urgreater than the increase. All other budget revisions exceeding ten percent (1096) shall only be made with the prior written approval ofAVV[. Subcontractor will use the funding change request form provided byAVV[to request these budget revisions. 8. Certification Regarding Debarment, Suspension, and |ne|igibi|ity. The Subcontractor certifies that neither it nor its principals are debarred, suspended, proposed for debarment, or voluntarily excluded from participation in transactions by any federal department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, proposed for debarment, or voluntarily excluded from participation in covered transactions by any federal department or agency. "Covered transactions" include procurement contracts for goods that are expected to equal or exceed twenty-five thousand dollars ($25,000). Subcontractor may do so by obtaining certification statement from the potential subcontractor or subrecipient or by checking online at the System for Award Management (SAM), Excluded Parties List. The Subcontractor shall immediately notify the AVV[ if, during the term of this subcontract, Subcontractor becomes debarred. AVV[moy immediately terminate this Subcontract by providing Subcontractor written notice if Subcontractor becomes debarred during the term of this Subcontract. ovuoig"Envelope ID: 226o9Acc-3014-4918-B566*A3o*6399930 SEEK Funding Opportunity Subcontractor Funding Agreement The Subcontractor also certifies that neither it nor its principals are debarred,suspended, orproposed for debarment from participation in transactions by any state department or agency. The Subcontractor further certifies that they will ensure that potential subcontractors or any of their principals are not debarred, suspended, or proposed for debarment from participation in covered transactions byany state department oragency. 9. Certification Regarding Lobbying. The Subcontractor certifies that Federal -appropriated funds will not be used to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress or an employee of a member of Congress in obtaining any Federal contract, grant or any other award covered by 31 USC 1352. Subcontractor shall require its agents to certify compliance with this provision. 10. Certification Regarding Wage Violations. The Subcontractor certifies that within three (3)years prior to the dote of execution of this Subcontract, Subcontractor has not been determined by o final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited orgeneral jurisdiction to have willfully violated, asdefined inR%3W4g'4UJ082,any provision ofRCVVchapters 49.4G,49.48'nr49.5J. The Subcontractor further certifies that it will remain in compliance with these requirements during the term of this Subcontract. Subcontractor will immediately notifyAVVC ofany finding of willful violation entered by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction entered during the term of this Subcontract. 11.Change inStatus. |nthe event ofsubstantive change inthe legal status, organizational structure, or fiscal reporting responsibility of the Subcontractor, Subcontractor agrees to notify AWC of the change. Subcontractor shall provide notice as soon aspracticable, but nolater than thirty (3O)days after such achange takes effect. 12. Confidentiality. The Subcontractor acknowledges that all of the data, material and information which originates from this Subcontract, and any student assessment data, material and information which will come into its possession in connection with performance under this Subcontract, consists of confidential data owned byAVVCorconfidential personally identifiable data subject tothe federal Family Educational Rights and Privacy Act (FERPA)(2OU.S.C.§lZ]Z8;34CFRPart 99) orother privacy |avvs' and that the data must be secured and protected from unauthorized disclosure by the Subcontractor. The Subcontractor is wholly responsible for compliance with FERPA requirements. The Subcontractor, therefore, agrees to hold all such material and information in strictest confidence, not to make use thereof other than for the performance of this Subcontract, to release it only to authorized employees and agents requiring such information and not release or disclose ittoany other party. The Subcontractor agrees to release such information or material only to employees and agents who have signed a written agreement expressly prohibiting disclosure or usages not specifically authorized by this Subcontract. The parties acknowledge the release ofrecords may be subject to the Public Records Act' RCVV42.56' and further acknowledge that Washington law and court order may compel disclosure of certain records; this provision does not apply to records compelled bylaw orcourt order. 13. Copyright Provisions. Unless otherwise provided, all Materials produced under this Contract shall be oocuSignEnvelope ID: uzoCoACc-3o14-4o18-aons-OAao4n3oonan SEEK Funding Opportunity Subcontractor Funding Agreement Superintendent ofPublic Instruction (Supehntendent).The Superintendent shall be considered the author nfsuch Materials. If Materials are not considered "works for hire", Subcontractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Superintendent effective from the moment of creation of such Materials. Materials means all items in any format and includes, but is not limited to, data,reports, documents, pamphlets, advertisements, books, magazines, surveys studies, computer programs, films, tapes, and/or sound reproductions. Copyright ownership includes the right to patent, register and the ability totransfer these rights. Subcontractor understands that, except where otherwise agreed to in writing or approved by the Superintendent or designee, all original works of authorship produced under this Contract shall carry a Creative Commons Attribution License, version 4.0 or later. All Materials the Subcontractor has adapted from others' existing openly licensed resources must be licensed with the least restrictive open license possible that is not in conflict with existing licenses. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, Subcontractor will license the materials to allow others totranslate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. If the Subcontractor would like tolimit these pre-existing portions ofthe work he Creative Commons Attribution-NonCommercial-ShareAlike license, version 4.Oorlater, isacceptable for these specific sections. The Subcontractor warrants and represents that Subcontractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to apply such a The Subcontractor shall exert all reasonable effort to advise the Superintendent, atthe time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Superintendent shall receive prompt written notice of each notice or claim of infringement received by the Subcontractor with respect to any data delivered under this Contract. The Superintendent shall have the right to modify or remove any restrictive markings placed upon the data by the Subcontractor. 14. Covenant Against Contingent Fees. The Subcontractor warrants that noperson orselling agent has been employed or retained to solicit or secure this Subcontract upon an agreement or understanding fora commission' percentage, brokerage orcontingent fee, excepting bona fide employees or bona fide established agent maintained by the Subcontractor for the purpose of securing business. AVV[ shall have the right, in the event of breach of this clause by the Subcontractor, to annul this Subcontract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fees. 15. Disputes. In the event that a dispute arises under this Subcontract, the parties will use their best oo vmunsnvvmvo|o:zuncoAoc-3o1+4n18-o5sn-OAncwnaooeno SEEK Funding Opportunity Subcontractor Funding Agreement 16. Duplicate Payment. AVVC shall not pay the Subcontractor, if the Subcontractor has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services orexpenses. 17. Entire Agreement. This Subcontract contains all the terms and conditions agreed upon by the parties. Nuother understandings, oral urotherwise, regarding the subject matter ufthis Subcontract shall be deemed tuexist ortobind any ofthe parties hereto. 18. Ethical Conduct Neither the Subcontractor nor any employee or agent of the Subcontractor shall participate in the performance of any duty or service in whole or part under this Subcontract in violation of, or in a manner that violates any provision of the Ethics in Public Service law at Chapter 4I.52RCVV RCVV4I.17A.SS0,R[VV4217A.S5S,and 41.O6.250prohibiting the use ofpublic resources for political purposes. 19. Governing Law and Venue. This Subcontract shall beconstrued and interpreted inaccordance with the laws of the State of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 20. Indemnification. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and hold harmless AVVC and all officials, agents, and employees ofAVVC, from and against all claims for injuries or death arising out of or resulting from the performance of this Subcontract. "C|aim"asused in this Subcontract' means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Additionally, "'claims" shall include but not be limited to, assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction or material of any hind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice orin unlawful restraint ofcompetition. Subcontractor's obligation toindemnify, defend and hold harmless includes any claim by Subcontractor's agents, employees, representatives, or any subcontractor orits employees. Subcontractor expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs, charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Subcontractor's or its subcontractor's performance or failure to perform the Subcontract. Subcontractor's obligation to indemnify, defend, or hold harmless AVVCshall not be eliminated or reduced by any actual or alleged concurrent negligence by AVV[, or their agents, employees, urofficials. Subcontractor waives its immunity underTitle 51 RCWto the extent it is required to indemnify, defend and hold harmless AVVC and their agents, employees, urofficials. 21. Independent Capacity mfthe Subcontractor. The parties intend that anindependent Subcontractor relationship will be created by this Subcontract. The Subcontractor and his/her employees or agents performing under this Subcontract are not employees oragents ofAVVC. The Subcontractor will not hold itself out as nor claim to be an officer or employee of AWC, the Superintendent or of the state of Washington by reason hereof, nor will the Subcontractor make any claim or right, privilege, or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Subcontractor. oo uSignEmewve|o:zznoVxcC-3n1*-4e18-sonx-OAnowoanayun SEEK Funding Opportunity Subcontractor Funding Agreement 22. Licensing and Accreditation Standards. The Subcontractor shall comply with all applicable local, state' and federal licensing, accreditation and registration requirements/standards, necessary to the performance ofthis Subcontract. 23. Limitation of Authority. Only AVVC or AVVCs delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Subcontract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Subcontract is not effective or binding unless made in writing and signed byAVVC. 24 Non'Qiscrmination.The Subcontractor shall comply with all the federal and state non-discrimination laws, regulations and policies, which are otherwise applicable toAVVC. Accordingly, no person shall, on the ground of sex, race, creed, religion, color, national origin, marital status, families with children, age, veteran or military status, sexual orientation, gender expression, gender identity, disability, or the use ufa trained dog guide or service animal, be unlawfully excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity performed by the Subcontractor and its agents under this Subcontract. The Subcontractor shall notify AVV[ immediately of any allegations, claims, disputes, or challenges made against it under non- discrimination lawsregulations, orpolicies, orunder the Americans with Disabilities Act. |nthe event of the Subcontractor's noncompliance or refusal to comply with this nondiscrimination provision, this Subcontract may be rescinded, cancelled or terminated in whole or part, and the Subcontractor may bedeclared ineligible for further contracts with AVV[. 25. Overpayments. Subcontractor shall refund to AWC the full amount of any overpayment under this Subcontract within thirty (3O)calendar days ofwritten notice. |fSubcontractor fails tomake aprompt refund, AWC may charge Subcontractor one percent (1%) per month on the amount due until paid in 26 Public Disclosure. Subcontractor acknowledges that AVVCissubject tothe Washington State Public Records Act, Chapter42.G6 KCVV and AVVC acknowledges that the Subcontractor is subject tothe Washington State Public Records Act, Chapter 43.S6RCVV and that this Subcontract shall beapublic record as defined in RCVV4Z.56. Any specific information that is claimed by either party to be confidential or proprietary must be clearly identified as such by that party. To the extent consistent with chapter4IS6 RCVV, each party shall attempt reasonably to maintain the confidentiality ofall such information marked confidential orproprietary. |farequest ismade toview such information, the party receiving the public records request will notify the other party of the request and the date that such records will be released tothe requester unless the other party obtains court order enjoining that disclosure. If such party fails to obtain the court order enjoining disclosure, the party receiving the records request will release the requested information on the date specified. 27. PubUcity. The Subcontractor agrees to submit to AVV[ all advertising and publicity matters relating to this Subcontract which in the AWC's judgment, AWC or the Superintendent's name can be implied or/sspecifically mentioned. The Subcontractor agrees not to publish or use such advertising and DocuSign Envelope ID: 226C9ACC-3014-4918-B566-OA3D46399930 SEEK Funding Opportunity Subcontractor Funding Agreement 28. Registration with Department ofRevenue. The Subcontractor shall complete registration with the Department cfRevenue and be responsible for payment ufall taxes due on payments made under this Subcontract. 29. Records Maintenance. The Subcontractor shall maintain all books, records, documents, data and other evidence relating to this Subcontract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Subcontract. Subcontractor shall retain such records for o period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Subcontract, shall be subject at all reasonable times to inspection, review or audit by the AWC or the Superintendent, personnel duly authorized by AWC or the Superintendent, the Office of the State Auditor, and federal and state officials so authorized by law, regulation oragreement. Ifany litigation, claim oraudit is started before the expiration ofthe six (6)year period, the records shall beretained until all litigation, claims, oraudit findings involving the records have been resolved. 30Right mfInspection. The Subcontractor shall provide right of access to its facilities utilized under this Subcontract to AWC or any of its officers responsible for executing the terms of this Subcontract atall reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Subcontract on behalf of AVVC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with the Subcontractor's business or work hereunder. 31. Severability. The provisions of this Subcontract are intended to be severable. |fany term orprovision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity ofthe remainder ofthe Contract. 32.Su6cmntnardng. Neither the Subcontractor nor any agent of the Subcontractor shall enter into subcontracts for any of the work contemplated under this Subcontract without obtaining prior written approval ofAVVC. Subcontractor is responsible to ensure that all terms, conditions, assurances and certifications set forth in this Subcontract are included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or reduce liability of the Subcontractor to the AWC for any breach in the performance of the Subcontractor's duties. This clause does not include contracts of employment between the Subcontractor and personnel assigned to work under this Subcontract. If, atany time during the progress ofthe work, AVVCdetermines inits sole judgment that any agent of the Subcontractor is incompetent, AWC shall notify the Subcontractor, and the Subcontractor shall take immediate steps to terminate the agent's involvement in the work. The rejection or approval by AVVC of any agent or the termination of an agent shall not relieve the Subcontractor ofany of its responsibilities under the Subcontract, nor be the basis for additional charges to AWC. 33. Taxes All payments accrued on account ofpayroll taxes unemployment contributions, any other taxes, insurance or other expenses for the Subcontractor or its staff shall be the sole responsibility of the Subcontractor. oncua|ovEnvelope ID: uuncoAoo-3n14-4o1*8nns-OAoo4nuooenn SEEK Funding Opportunity Subcontractor Funding Agreement 34 Technology Security Requirements. TheseourityrequirementsinthisdocumentreOec the applicable requirements of Standard 141.10 ofthe Office ofthe Chief information Officer for the state of Washington, which by this reference are incorporated into this agreement. The Subcontractor acknowledges it is required to comply with VVaTech Office of Chief Information Ofhcer(OOO) IT Security Policy 141 and OOO [TSecurity Standard 141.10,5eouhn0 Information Technology Assets. O[|O IT Security Standard 141.10, Securing Information Technology Assets, applies to all Superintendent assets stored as part of a service, application, data, system, portal, module, components or plug-in product(s) that are secured as defined bythe VVaTech DC0's IT Security Policy 141 and OCIO IT Security Standard 141.10, Securing Information Technology Assets. As part of OC|O IT Security Standard 141.10, a design review checklist and/or other action may be required. These activities will be managed and coordinated between AVV[and the Subcontractor. Any related costs to performing these activities shall be at the expense of the Subcontractor. Any such activities and resulting checklist and/or other products must be shared with AWC. 35. Termination for Convenience. Except as otherwise provided in this Subcontract, the Superintendent or Superintendent's Designee may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Subcontract in whole or in part. The notice shall specify the date of termination and shall be conclusively deemed to have been delivered to and received by the Subcontractor as of midnight the second day ofmailing in the absence ofproof ofactual delivery to and receipt by the Subcontractor. If this Subcontract is so terminated, AVV[ shall be liable only for payment required under the terms of the Subcontract for services rendered or goods delivered prior to the effective date of termination. 36Termination for Default. In the event AVVC determines the Subcontractor has failed to comply with the conditions ofthis Subcontract inatimely manner, AVV[has the right tosuspend orterminate this Subcontract. AVV[ shall notify the Subcontractor in writing of the need to take corrective action. If corrective action is not taken within thirty (80) days, the Subcontract may be terminated. AVVC reserves the right to suspend all or part of the Subcontract, withhold further payments, or prohibit the Subcontractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Subcontractor or a decision byAVVCto terminate the Contract. In the event of termination, the Subcontractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Subcontract and the replacement or cover Subcontract and all administrative costs directly related to the replacement Subcontract, e.g, cost of the competitive bidding, mailing, advertising and staff time. TheterminationshaUbedeemedtobea"TerminationforConvenienoe"ifitiodeterminedthatthe Subcontractor: (1) was not in default; or (Z) failure to perform was outside ofhis orher control, fault or negligence. The rights and remedies of the AWC provided in this Subcontract are not exclusive and are inaddition toany other rights and remedies provided bylaw. 37.Terminati»n Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in anyway after the effective date of this Subcontract and prior to normal completion of this Subcontract, with the notice specified be|nvv and without liability for damages: a. At AVVC's discretion, AVV[ may give written notice ofintent to renegotiate the Subcontract under the revised funding conditions. ommmnnEnvelope ID: uzncoACo-3o14-4e18-oovn-Oxao4noneoon SEEK Funding Opportunity Subcontractor Funding Agreement b. At AWC's discretion, AWC may give written notice to Subcontractor to suspend performance when AVV[determines there is reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow Subcontractor's performance to be resumed. (1) During the period of suspension of performance, each party will inform the other of any conditions that may reasonably affect the potential for resumption of performance. (2) When AVV[determines that the funding insufficiency is resolved, it will give the Subcontractor written notice to resume performance, and Subcontractor shall resume performance. (3) Upon the receipt of notice under b. (Z), if Subcontractor is unable to resume performance of this Subcontract or if the Subcontractor's proposed resumption date is not acceptable to AVVCand an acceptable date cannot be negotiated' AVVC may terminate the Subcontract by giving written notice to the Subcontractor. The parties agree that the Subcontract will be terminated retroactive to the date of the notice of suspension. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the retroactive date of termination. c AVV[ may immediately terminate this Subcontract by providing written notice to the Subcontractor. The termination shall be effective on the date specified in the termination notice. AWC shall be liable only for payment in accordance with the terms of this Subcontract for services rendered prior to the effective date of termination. No penalty shall accrue to AVVCinthe event the termination option inthis section isexercised. d. For purposes of this section, "written notice" may include email. 38Termination Procedure. Upon termination of this Subcontract the AVV[ in addition to other right provided in this Subcontract, may require the Subcontractor to deliver to AVV[ any property specifically produced or acquired for the performance of such part of this Contract as has been terminated. Theprovisiunsofthe^TreatmentofAsse1z"dausesha||app|yinsuchprnpertytransfer. The AVV[ shall pay to the Subcontractor the agreed upon price, ifseparately stated, for completed work and services accepted by AWC and the amount agreed upon by the Subcontractor and AWC for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted byAVV[' and (d)the protection and preservation of the property, unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause for this Subcontract. The AWC may withhold from any amounts due to the Subcontractor such sum asAVVCdetermines to be necessary to protect AVV[against potential loss or liability. The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any other rights and remedies provided bylaw under this Subcontract. oor SignEm=mna|o:zmcoAcc-3n1+4n1*ssss-OAuo4»a000an SEEK Funding Opportunity Subcontractor Funding Agreement After receipt of a notice of termination, and except as otherwise directed by the Superintendent, the Subcontractor shall: a, Stop work under this Subcontract on the date and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Subcontract that is not c. Assign toAVV[ inthe manner, atthe times, and tothe extent directed bythe AVV[ all rights, title, and interest of the Subcontractor under the orders and subcontracts in which case AWC has the right, at its discretion, to settle or pay any or all claims arising out of the termination ofsuch orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification shall be final for all the purposes of this clause; e` Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AVVC, any property which, if the Subcontract had been completed, would have been required tobefurnished toAVV[; f. Complete performance of such part of the work not terminated by AWC; and Q. Take such action as may be necessary, or as AVV[ may direct, for the protection and preservation of the property related to this Subcontract which, in is in the possession of the Subcontractor and inwhich AVVC has ormay acquire an interest. 39.Treatment ofAssets. Except as otherwise provided for in the Subcontract, the ownership and title to all real property and all personal property exceeding a value of $5,000 purchased by the Subcontractor in the course of performing this Subcontract with moneys paid by the Superintendent shall vest in the Superintendent, except for supplies consumed in performing this Subcontract. The Subcontractor shall (1) maintain a current inventory ofall the real and personal property (2) label all the property "State of Washington, Superintendent of Public Instruction"; and, (3) surrender property and title to the Superintendent without charge prior to settlement upon completion, termination or cancellation ofthis Contract. If any property is lost, destroyed, or damaged, the Subcontractor shall notify the Superintendent and take all reasonable steps to protect the property from further damage. All reference to the Subcontractor under this clause shall include Subcontractor's employees and agents. 40. Waiver. Afai|ure by either part to exercise its rights under this Subcontract shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement. Waiver ufany default or breach shall not be deemed to be o waiver ufany subsequent default nrbreach. Any waiver shall not beconstrued tobeamodification ofthe terms of 000 aignEnvmvne|o:ucoonAcc-3n14-4o18-Bnnn-OAno4onyyyao SEEK Funding Opportunity Subcontractor Funding Agreement this Subcontract unless stated to be such in writing and signed by personnel authorized to bind each of the parties. ooc Signsnvenpe|o:oznonAoc-3n14-4n18-anos-OAno*n399sm Attachment SEEK Application & Scope of Work Insert detailed project description :s included in the Funding Opportunity application & Attach SEEK Funding Application WFCC Teen Zone Yakima Parks and Recreation would like to provide a new free program dedicated tocreating a safe, positive and inclusive environment for teens. This program will be offered one night a week from 4-9 pm, June 13th-August 12th at the Washington Fruit Community Center (WFCC). Three full -day field trips will also be included in this program. The Teen Zone will be a staff -supervised free drop -in program that will give the participants the opportunity to get involved in a number of different activities. The VVF[Cis located adjacent to Miller Park which will allow for both indoor and outdoor activities. Some ofthe activities planned are basketball, soccer, pickleball, tabletop and video games, enrichment classes and movie nights. The format of the program will include some structured group activities aswell as time in a more relaxed atmosphere conducive to interacting with their peers and staff. By offering this program asafreedrop'in,wearehopin0tuconnectvvithteensfromtheneighborhoodsaruundtheVVFCC.This area ofNortheast Yakima is predominantly low-income Hispanic families. Our goal is to encourage teens to participate in programs like this and stay away from gangs and criminal behavior. |fawarded this grant, we will be able to offer this program at no cost, which we otherwise would not be able to fund. Summer Program The participants in the Kissel Park and MiUerPark/VVashinQtun Fruit Community Center (VVF[[) Summer Programs take part in outdoor games, sports, art and crafts, board games, science experiments, gardening, splashing around in the spray park and a weekly trip to the CityACTMS outdoor swimming pool. The Kissel Park program is an outdoor program that includes a weekly trip tothe [ityAc TMs outdoor swimming pool, The Miller Park/WFCC program is an outdoor/indoor program that offers mostly outdoor activities including the spray playground located within the park. Having the Community Center at Miller Park is a great asset for the times that we have inclement weather. VVeare able tocontinue to run the program and do not have to cancel due to heat or smoke like we do at Kissel. The activities and lesson plans are created to help the children learn how to relate and connect with one another and deal with everyday situations inafun and safe environment. Many ofour participants come from families that were severely affected by[OV|O'l9. Our community has many families that have parents who work and were deemed 8Coeessentia|AC^ during the pandemic, therefore the children were being cared for byolder siblings orgrandparents. Our program has been alight atthe end ofthe tunnel for many of these families, especially for the children toreconnect with their peers. Getting children back tothe in - person socia|activitiesafter[DV|D'1Qhasbeenatremendousvictory. |tisvery rewarding being able to provide the summer program to help working parents know that their children are safe, active and around other children. We accommodate individuals with minor disabilities and have Spanish speaking staff for any participants that do not speak English or are learning English. VVealso serve children experiencing homelessness and those that may beinfoster care. Our program registration fee for the entire 9 weeks is normally $60, which makes it affordable for most who want to participate. Although, being awarded the funds from this grant would allow us to reduce the registration fee by half to $30 for the Q+weekprogram. VYeare also requesting funds toincrease each location by5Oadditional participants. Decreasing the fee and increasing the number of participants for each location will make a huge impact with the families in our community. This Summer Program has been extremely popular for 16 DocuSign Envelope ID: 226C9ACC-3014-4918-B566-OA3D46399930 many years, including having await list for participants each summer. Partnerships with other agencies include Yakima Police Department, WSU Health & Nutrition, Delta Dental and American Red Cross. These organizations meet with our participants and explain the importance of their role in the community, the value and proper ways to maintain nutritional health and dental health and emergency preparedness. The Yakima School District provides free lunches to the participants in the program as well as other neighborhood children. Yakima Transit provides free bus transportation for our participants tuthe City pool one day per week. The participants inour Kissel Park program spend 7 hours per day outside, weather permitting. The Miller Park/Washington Fruit Community Center program participants spend 4 to 5 hours per day outside, weather permitting. The children attend the program onadaily basis, 9:UOamto4:U0pm, Monday through Friday. Our summer program will begin June 13thand will run through August 121h. 17 DocuSign Envelope ID: 226C9ACC-3014-4918-B566-0A3D46399930 Budget & Project Costs Worksheet Budget (as presented in the SEEK application Project Costs Worksheet) Project: 1FC Teen Zone Project Costs Staff Equipment & supplies (i.e. sports equipment, art supplies, or water and snacks) (must be directly related to program being offered) Scholarships or subsidies Transportation Facilities Professional Services (please be specific on type of service) Fees (such as entrance fees for field trips) **Meals Other (please specify) TOTAL $8652 $4335 $1350 $705 ..... ....... $15042 Summer 2022 Project:SLIM er Program Project Costs Staff Equipment & supplies (i.e. sports equipment, art supplies, or water and snacks) (must be directly related to program being offered) Scholarships or subsidies Transportation Facilities Attachment B Summer 2022 $68465 $22988 $9000 $ $ Professional Services (please be specific on ', $19630 type of service) Fees (such as entrance fees for field trips) **Meals Other (please specify) TOTAL $ $ $ 120083 18 Attachment Subcontractor Reporting Requirements Reports must contain the following information: • Describe the K-12-aged (4to21)youth who participated through this program including disaQgregated data about student age range, gender, race/ethnicity, FRPL status, and other student information. • Describe the type of program funded and the geographic area served. * Explain how the program targeted youth populations were recruited to participate. * Explain how these funds were used to create more access to underxemed and/or economically disadvantaged youth. * What disproportionately impacted communities did the summer recreation program serve? ° Discuss program successes and challenges. 19 DocuSign Envelope ID: 226C9ACC-3014-4918-B566-0A3D46399930 Attachment D Subcontractor Agent(s) List any Subcontractor Agent(s) that will provide director supervision of youth in a program funded through SEEK. 1. Name of Agent Agent #1 Agent #2 Agent #3 Agent #4 Agent #5 Agent #6 Agent #7 Address Agent Address #1 Agent Address #2 Agent Address #3 Agent Address #4 Agent Address #5 Agent Address #6 Agent Address #7 20 omumnnEnvelope ID: s6coAoc-3o1*-4y10-B000-OAno4nuyenoo Attachment Proclamation 21'14C0V|O'1BVaccination Certification TureducetheypreadufCOV|D-29,VVashin8tunstateGovernor]oy|ns|ee,pursuanttoemergency powers authorized in RCW 43.06.220, issued Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021), as amended by Proclamation 21 - -14.1 — COVID-19 Vaccination Requirement (oorro*ugusr242u2z) and asamended oy u/vu�Va ccination (dated September J�Z032/'and asmay beamended thereafter.The Proclamation requires contractors who have goods, services, or public works contracts with a Washington state agency to ensure that their personnel (including subcontractors and agents) who perform contract activities on -site comply with the COVID-19 vaccination requirements, unless exempted as prescribed by the Proclamation. AWC is under contract with OSPI and as such is required to meet these requirements and ensure that any subcontractors also comply. By entering into this agreement, the Subcontractor agrees to comply as follows: 1. HasrevievvedandunderstandsSubcontractor'sob|igationsassetforthinProo|amationZ1'14— COV|D'l9VaooinationRequirement(datedAu0ust9,Z02l)'osamendedbyProdamationZl' 141—COV|D'19VaocinationRequirement(datedAugusLZO'IO21)'andasamendedby Proclamation 21'142—COV|D'19Vaccination Requirement (dated September 27'2O21); 2. Has developed a COVID-19 Vaccination Verification Plan for Subcontractor's personnel (including agents) that complies with the above -referenced Proclamation; 3. Has obtained a copy or visually observed proof of full vaccination against COVID-19 for Subcontractor personnel (including agents) who are subject to the vaccination requirement in the above -referenced Proclamation; 4. Complies with the requirements for granting disability and religious accommodations for Subcontractor personnel (including agents) who are subject to the vaccination requirement in theabove'refenenced Proclamation; S. Has operational procedures in place to ensure that any contract activities that occur in person and on -site at OSPI premises (other than only for a short period of time during a given day and where any moments of close proximity to others on -site will be fleeting — e.g., a few minutes for deliveries) that are performed by Subcontractor personnel (including agents) will be performed bypersonnel who are fully vaccinated orproperly exempted asrequired bvthe above - referenced Proclamation; 6. Has operational procedures in place to enable Subcontractor personnel (including agents) who perform contract activitieson.site and at DSP| premises to provide compliance documentation that such personnel are in compliance with the above referenced Proclamation; 7. Will provide to OSPI or AWC, upon request, Subcontractor's COVID-19 Vaccination Verification Plan and related records, except as prohibited by law, and will cooperate with any investigation orinquiry pertaining tothe same. 21