HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 06/20/2019
Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the
third Thursday of each month in the Kent City Hall, Council Chambers East, 2 20 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Ron Lashley at 253 -856-5101, or via email at
RLashley@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Parks and Human Services
Committee
Agenda
Chair - Brenda Fincher
Satwinder Kaur– Marli Larimer
Thursday, June 20, 2019
5:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of April 18, 2019
Minutes
YES Chair 05 MIN.
5. Grant Agreement with
Washington Department of
Commerce - Recommend
YES Bryan Higgins 05 MIN.
6. King County Youth and Amateur
Sports Grant Agreement for
West Fenwick Park - Recommend
YES Bryan Higgins 05 MIN.
7. New Connections of South King
County Lease Agreement -
Authorize
YES Alex Ackley 05 MIN.
8. Director’s Report - Informational NO Julie Parascondola 10 MIN.
9. Adjournment Chair 01 MIN.
Page 1 of 3
Approved
Parks and Human Services
Committee
CC Parks Regular Meeting
Minutes
April 18, 2019
Date: April 18, 2019
Time: 5:00 p.m.
Place: Chambers East
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Agenda:
1. Call to Order 5:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
3. Changes to the Agenda
4. Approval of Minutes dated March 21, 2019
MOTION: Move to approve the Minutes dated March 21, 2019
RESULT: APPROVED [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
5. 2014 Third Quarter Fee In Lieu Funds Re-allocation - Authorize
By request of Council member Fincher, Park/Facilities Planning &
Development Coordinator Bryan Higgins gave further explanation as to why
the Fee in Lieu funds re-allocation occurs due to the option of developers
when they subdivide a property, and in lieu of building a park the developers
pay a fee, and those funds go towards the nearest park for capital
improvements.
MOTION: Authorize the reallocation of $20,550.00 of fee-in-lieu
funds dedicated to Springwood Park and Lake Meridian Park, amend
the Community Parks Reinvestment Program budget, and authorize
the future expenditure of these same funds for capital improvements
at Meridian Glen Park.
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Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
April 18, 2019
Kent, Washington
Page 2 of 3
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
6. Human Services Master Plan and CDBG Consolidated Plan Update –
Information Only
Human Services Manager Merina Hanson provide updates to the Committee
on both Human Services Master Plan and the CDBG Consolidated plan. She is
currently in the data collection phase and starting the community
engagement phase. Merina is looking at cross collaboration through an
organic approach to collecting data by attending other community
engagement events and asking for time to communicate with attendees. She
will present a draft to the Committee in September and will present again at
October 15th Council Workshop. Parks Director Parascondola added that the
end of May would conclude the outreach phase.
7. Terreno Valley Corporate Ground Lease - Authorize
MOTION: Authorize the Mayor to sign a Ground Lease with Terreno
Valley Corporate in the amount of $30,577.27 per year for five years,
for parking and storage, subject to final terms and conditions
acceptable to the City Attorney and Parks Director.
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
8. Tenant Name Change for Restaurant Space at Riverbend Golf
Complex – Authorize
Director Parascondola updated the Committee on the Half Lion Pub opening.
Half Lion is currently renovating at the Riverbend Golf Complex and still on
schedule for June 10th opening. When the award for the contract was initially
presented to the Mayor and Council, it was in the name of Half Lion Brewer
Co., LLC. Half Lion is branding more into Public Houses industry. Therefore
they have created a new LLC called ‘Half Lion Public House, LLC’ requiring a
name change submittal of the contract.
MOTION: Ratify the execution of the Riverbend Golf Complex
Restaurant Lease Agreement with Half Lion Public House LLC signed
by the Mayor on February 22, 2019, and any subsequent actions
taken to date in accordance with the terms and conditions of the
Lease Agreement.
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Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
April 18, 2019
Kent, Washington
Page 3 of 3
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
9. Director’s Report – Information Only
Director Parascondola provided an update on 2020 thru 2025 Recreation
Program Plan as well as the upcoming survey that will collect and provide
quantifiable data to develop the plan. Handouts of the "Community Interest
and Opinion Survey" were provided to the committee members.
10. Adjournment 5:36 p.m.
Ronald Lashley
Committee Secretary
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: June 20, 2019
TO: Parks and Human Services Committee
SUBJECT: Grant Agreement with Washington Department of Commerce
- Recommend
MOTION: Recommend Council authorize the Mayor to sign a grant award
agreement with the Washington Department of Commerce, in the amount
of $970,000, for park improvements at Morrill Meadows Park adjacent to
the East Hill YMCA, subject to final terms and conditions acceptable to the
Parks Director and City Attorney.
SUMMARY: The City has applied for and received a grant award from the
Washington State Department of Commerce for $970,000 to help fund costs
associated with the project.
These funds will be used for capital expenditures for construction and site
improvements during the Morrill Meadows Park Renovation project, adjacent to the
East Hill YMCA currently under construction.
BUDGET IMPACT: Revenue impact to the YMCA/Morrill Meadows capital budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. Dept of Commerce Grant for MM.docx (PDF)
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Department of Commerce
Grant to
For
City of Kent
through
The Local and Community Projects Program
East Hill YMcA/Park Renovation - Park improvements at Morrill
Meadows Park adjacent to the YMCA.
Staft date:January 19, 2018
Washington State Department of Commerce
www,commerce.wa.gov
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TABLE OF CONTENTS
Face Sheet ................
Special Terms and Conditions
1.
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17.
18.
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20.
General Terms and Conditions ..........
1. Definitions.2. Access to Data3. Advance Payments Prohibited4. AllWritings Contained Herein5. Amendments.............6. Americans with Disabilities Act (ADA). . ..7. Assignment................8. Attorney's Fees.........9. Audit........10. Confidentiality/Safeguardingoflnformation...11. Conflict of lnterest.12. Copyright Provision...13. Disputes14. Duplicate Payment...15. Governing Law and Venue16. lndemnification ..........17. lndependent Capacity of the Grantee18. lndustrial lnsurance Coverage19. Laws.........20. Licensing,Accreditationand Registration.....21. Limitation of Authority22. Noncompliance with Nondiscrimination Laws23. Pay Equity24. PoliticalActivities25. Publicity26. Recapture27. RecordsMaintenance...............28. Registration with Department of Revenue.....
1
2
Grant Management.............. .................2
compensation............:..: ::.: ................ ... ..........2
CertificationofFundsPerformanceMeasures............... .........2
Prevailing Wage Law.......... ..................3
Documentation and Security .................3
Basis for Establishing Real Property Values for Acquisitions of Real Property....4
Expenditures Eligible for Reimbursement ..............4
Billing Procedures and Payment.............. ..............4
Subcontractor Data Collection.. 5lnsurance.. ..........5
Order of Precedence ........... ................. 6
Reduction in Funds.... ..........7
Ownership of ProjecVCapital Facilities... ................7
Change of Ownership or Use for GRANTEE-Owned Property .................7
Change of Use for Leased Property Performance Measure .....................7
Modification to the Project Budget...... .................... 8
Signage, Markers and Publications........ ................8
Historical and CulturalArtifacts ............. 8Reappropriation........ ........... g
Termination for Fraud or Misrepresentation ........... g
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Right of lnspection.
Savings.....
Severability ...............
Site Security ..............
Subg rantingiSubcontracti ng ..
Survival.....
Taxes.......
Termination for Cause
Termination for Convenience
Termination Procedures........
Treatment of Assets...
Waiver
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Attachment A, Scope of Work, Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
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FACE SHEET
Grant Number: l8-9 6616'052
Washington State Department of Commerce
local Government Division
Community Capital Facilities Unit
As (optional)2. GRANTEE Doing Business
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
1. GRANTEE
SherylReed
Project Manager
(360)72s-3074
Fax 360-586-5880
sheryl.reed@commerce'wa' gov
P.O. Box 42525
1011 Plum Sheet SE
Olympia, WA 98504-2525
4. COMMERCE Representative
Bryan Higgins
(253) 856-s1 13
bhiggins@kentwa.gov
3. Grantee Representative
8. End Date
6t3012021
7. Start Date
ll19l20r8
6. Funding Source
Federal: fl state: [t otner: f] N/A: fl5. Grant Amount
s970,000.00
Federal Agencv
N/A
CFDA Number
N/A
9. Federal Funds (as applicable)
N/A
13. DUNS #
N/A
12. UBI #
173 000 002
11. SWV #
0000552-00
10. Tax ID #
9l-6001254
14. Grant PurPose
The outcome of this performance-based contract is park improvements at Morrill Meadows as referenced in Attachment A - Scope
of Work.
4.2s.
Date
Mark K. BarkleY, Assistant Director
FOR COMMERCE
L,lp b/rfl
Date
APPROVED AS TO FORM
FORGRANTEE
Mayor
Date
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THls CoNTRACT' entered into by and between the city of Kent (a unitof rocar government) hereinafteri:t::tL.flfi'=HS3:,i,irt-Rrg+Hry;;ninston siail o"pl,t'"nt or commJrce-ihereinafter rererred
wHEREAS' CoMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperateylffi:f#llt"r:*'"" nce to locai sovern ments, businesses, a nd com m u n ity-based
wHEREAS' coMMERcE is als-ogiven the responsibility to administer state funds and programswhich are assigned to coMMERce nv tn" Governor;iil w;ington state Legistature; and
WHEREAS, the washington state Legisrature has, in Laws of 201g, chapter 2, section 1016,made an appropriation.to support tne local-and community projects program, and directedCOMMERCE to administer tirbse funC
"ro
wHEREAS' the enabling legislation also stiputates that the GRANTEE is etigibte to receivefunding for acquisition, ions-truction, or. r"n"oirit"tion i" u"ntrr" hereinafter r;ferreo to as the"Project"). rrqtrvrr \d v
[?HiJfil5[3fi"=i [#lf$%l'::?jfiJ:iants, conditions, perrormances, and promises hereinafter
1. GRANTMANAGEMENT
The Representative fo',9q.9.h of the parties.,shall b-e responsible for and shall be the contact person forall communications and bitings ,""gJrdi;g the performance of this Grant.
Il:j:?ffJ8ilif for CoMMERCE and their contact information are identified on the Face
Il:j:?fitJ'ltilif for the GRANTEE and their contact information are identified on the Face
COMPENSATION
coMMERcE shall Day an amount not to exe'eed $970,000.00 for the capitar costs necessary for orincidentar to the performance of work ", ,"t forth in the scope of work.
2.
3.
A' The release of state funds under this contract is contingent upon the GRANTEE certifying that ithas expended or has access to runos rrom non-state s6urces as set forth in ATTACHMENT C(cERTlFlcATloN oF THE AVAIIA;IiirY oF rur.iDs To;DMeLETE THE eRoJECT), hereofsuch non-state sources may consist of a combination of any of the forowing:i) Erigibre project expenditures prior to the execution of this contract.ii) Cash dedicated to the project.
iii) Funds available through a letter of credit or other binding loan commitment(s).iv) Pledges from foundations or corporations.v) Pledges from individualdonors.
Fil
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{,
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
vi)The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
ln-kind contributions, subject to COMMERCE'S approval.vii)
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the lndustrial Statistician at the Washington Department
of Labor and lndustries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title lnsurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
G. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
lnformation technology infrastructure; and
Landscaping
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed lnvoice
Voucher (Form A-19), that documents capitalized Project activity performed - by budget line item -
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The finalvoucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 18, hereof.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the lnvoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
10. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The GRANTEE shall provide insurance coverage that shall be maintained in fullforce and effect
during the term of this Grant, as follows:
CommercialGeneral Liability lnsurance Policy. Provide a CommercialGeneral Liability
lnsurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds inlo program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive $10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
C. The GRANTEE shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a SelfJnsurance Program.
Self-lnsured/Liability Pool or Self-lnsured Risk Management Program - With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. ln order to obtain permission from COMMERCE, the
GRANTEE shall provide: (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 pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
GovernmentalAccounting Standards Board (GASB), 2) FinancialAccounting Standards Board
(FASB), and 3) the Washington State Auditois annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDEROFPRECEDENCE
ln the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
. precedence in the following order:
o Applicable federal and state of Washington statutes and regulations. SpecialTerms and Conditions. GeneralTerms and Conditions. Attachment A - Scope of Work
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. AttachmentB-Budget
. Attachment C - Certification of the Availability of Funds to Complete the Project. Attachment D - Certification of the Payment and Reporting of Prevailing Wagesr Attachment E - Certification of lntent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. REDUCTION IN FUNDS
ln the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13 OWNERS HI POF PROJ ECT/CAPITAL FACILITI ES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the date the final
payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 26 (Recapture provision).
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10) years from the date the final payment is made hereunder.
B. ln the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
{6. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15o/o).
B. The GRANTEE shall notify COMMERCE in writing (by emailor regular mail) when proposing any
budget modification or modifications to a line item in the Project Budget (Attachment B,) hereof,
thatwould increase the line item by more than fifteen percent (15o/o). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%) threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. STGNAGE. MARKERS ANp PUBLIqATTONS
lf, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify "The Taxpayers of Washington State" as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor's Executive Order 05-05, where applicable, or Contractor
shall complete a review under Section 106 of the National Historic Preservation Act, if applicable.
Contractor agrees that the Contractor is legally and financially responsible for compliance with all
laws, regulations, and agreements related to the preservation of historical or cultural resources and
agrees to hold harmless COMMERCE and the state of Washington in relation to any claim related to
such historical or cultural resources s discovered, disturbed, or damaged as a result of the project
funded by this Contract.
ln addition to the requirements set forth in this Contract, Contractor shall, in accordance with
Governor's Executive Order 05-05, coordinate with Commerce and the Washington State Department
of Archaeology and Historic Preservation ("DAHP"), including any recommended consultation with
any affected tribe(s), during Project design and prior to construction to determine the existence of any
tribal cultural resources affected by Project. Contractor agrees to avoid, minimize, or mitigate impacts
to the cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the Contractor shall immediately stop construction and notify the local
historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
lf human remains are uncovered, the Contractor shall report the presence and location of the remains
to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's
cultural statf or committee.
The Contractor shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
ln addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44
regarding lndian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources;
RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and WAC 25-48
regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 05-05.
ln the event that the Contractor finds it necessary to amend the Scope of Work the Contractor may be
required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic
Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. lf
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. ln the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRE SENTATIO N
ln the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed
to the GRANTEE under the Grant.
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GENERAL TERMS AND GONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal lnformation" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgranteeisubcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. lt also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESSTODATA
ln compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336. also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE 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
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS'FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. lf required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
ln the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
ln any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal yea(s) by sending a scanned copy to
auditreview@commerce.wa.qov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
ln addition to sending a copy of the audit, when applicable, the GRANTEE must include
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
. Copy of the Management Letter.
lf the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. c ONFIDENTIALITY/SAFEGUARDING OF IN
A. "Confidential lnformation" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health lnformation" under the federal Health lnsurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shallcomply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential lnformation. The GRANTEE shall use Confidential lnformation
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential lnformation to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shalltake all necessary steps to assure that
Confidential lnformation is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential lnformation or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential lnformation that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must
identify any person employed in any capacity by the state of Washington that worked on this Grant, or
any matter related to the project funded under this Grant or any other state funded project, including
but not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. ldentify the individual by name, the agency previously or currently employed by, job title
or position held, and separation date. lf it is determined by COMMERCE that a conflict of interest
exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant.
ln the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the
contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause
shall ndt be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which COMMERCE makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this contract.
12. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. ln the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE 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. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, 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 Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
13. DISPUTES
Except as othenvise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
. be in writing;o state the disputed issues;r state the relative positions of the parties;. state the GRANTEE's name, address, and Contract number; and
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
. be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
14. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgranUsubcontract, or agreement, for the
same services or expenses.
15. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
16. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
17. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
18. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all appiicable provisions of Title 51 RCW, lndustrial lnsurance. lf
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the lndustrial lnsurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
lndustries, (L&l) Division of lnsurance Services. This provision does not waive any of L&l's rights to
collect from the GRANTEE.
19. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
20. LICENSING ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
21. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's 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 Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. ln the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
23. PAY EQUITY
The GRANTEE agrees to ensure that "similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
(iii) A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
24. POLITIGAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
25- PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
26. RECAPTURE
ln the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. ln the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
27. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
lf any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved
28. REGISTRATION WITH DEPARTMENT OF REVENUE
lf required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
29. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to'COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
30. SAVINGS
ln the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. ln lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
31. SEVERABILITY
The provisions of this Grant are intended to be severable. lf any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
32. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
33. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. ln no event shall the existence of the subgranUsubcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts.
GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or
otherwise make known to unauthorized persons personal information without the express written
consent of COMMERCE or as provided by law.
34. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
35. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
36. TERMINATION FOR CAUSE
ln the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. lf corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
ln the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.9., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. lf this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
38. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/su bcontracts;
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GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
4. Settle all outstanding liabilities and all claims arising out of ,such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Tran$fer title tp COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
39. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a..
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided.herein
or approvdd by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. lf any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
40. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be-a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A
Scope of Work
These funds will be used for capitalexpenditures related to park improvements at the Morrill Meadows
Park adjacent to the Kent YMCA in Kent. This includes but is not limited to connecting two separate
parks into one and feature an expanded parking area, walking trails, outdoor multi-purpose sport court, off
leash area, outdoor art designed to function as exercise equipment and open lawn area.
The park improvements are designed to complement the active uses of the YMCA.
The projects estimated date of completion is October 2020.
All project work completed with prior legislative approval. The "Copyright Provisions", Section 12 of the
GeneralTerms and Conditions, are not intended to apply to any architecturaland engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
RANTEE
TITLE
DATE
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Attachment B
Budget
Line ltem Amount
Architecture &tneen $690,000.00
Site Acquisition $0.00
Construction $8.500,000.00
Caoitalized Equipment $0.00
Construction ement $35,000.00
Other $0.00
Total Gontracted Amount $9,225,000.00
CERTIFICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the dnnrufEe's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
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Attachment C
Certification of the Availability of Funds to Complete the project
CERTIFICATION PER RMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible project expenses, or is -
committed in writing and available and will remain committed and availabie solely and specificaliy for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
GRANTEE
TITLE
DATE
Non-State Funds Amount Total
of Kent
Total Non-State Funds
$8,255.000.00
$8,255,000.00 $8,255.000.00
State Funds
State $970,000.00 $970,000.00
Total Non-State and State Sources $9,225,000.00
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Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTI FICATION PERFORMANCE MEASU RE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as of January 19,2018,
including but not limited to the filing of the "statement of lntent to Pay Prevailing Wages" and "Affidavit of
Wages Paid" as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to
evidence compliance with Chapter 39.12 RCW, and shall make such records available for COMMERCE'S
review upon request.
lf any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth abgve has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
GRANTEE
DATE
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Attachment E
Gertification of lntent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITL
DATE
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: June 20, 2019
TO: Parks and Human Services Committee
SUBJECT: King County Youth and Amateur Sports Grant Agreement for
West Fenwick Park - Recommend
MOTION: Recommend Council authorize the Mayor to sign a grant
agreement with King County in the amount of $200,000, for the
playground at West Fenwick Park, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: Park Planning staff applied for grant funds for playground
improvements that are part of the West Fenwick Park Renovation project. The
Youth and Amateur Sports Grants (YASG) supports fit and healthy communities by
investing in programs and capital improvements that reduce barriers to accessing
physical activity. We were awarded $200,000 toward a new playground based on
the classic children’s board game Chutes and Ladders®.
The playground will provide an endless combination of ways to climb, slide, walk,
and run around a unique space. It will function as both as a traditional playground
and as a 3-dimensional interactive board game including a variety of ladders and
slides and imaginative play opportunities with an emphasis on accessibility and play
for all abilities.
BUDGET IMPACT: Revenue impact to the West Fenwick Park Renovation Phase 2
capital budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services
ATTACHMENTS:
1. KC YASG for WF (PDF)
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Youth and Amateur Sports Grant Agreement
Capital Grant Agreement
Department/Division:Natural Resources and Parks / Parks and Recreation
Agency:City of Kent Parks and Recreation
Project:Chutes and ladders Playground
Amount:$200,000.00 Project#: Contract#:
Term Period: May 1, 2019 To December 31, 2020
THIS CAPITAL GRANT AGREEMENT (“Agreement”) is entered into by KING COUNTY (the
“County”), and City of Kent Parks and Recreation (the “Agency”), whose address is: 220 Fourth
Ave. S.
Kent, WA 98032
WHEREAS, the Agency is either a public agency or a non-profit organization that provides youth or
amateur sports opportunities or acts as a fiscal sponsor for such Project;
WHEREAS, King County has selected the identified Agency to receive a Youth and Amateur Sports
Fund (“YASF”) Grant award to assist in projects that provide increased athletic opportunities for the
citizens of King County, Washington;
WHEREAS, the Agency shall utilize the award to address an athletic need in King County; and
WHEREAS, King County is authorized to administer the YASF grant project and enter into
agreements for the use of King County funds by public agencies or not-for-profit organizations to
provide a service to the public under King County Ordinance 18409 § 84;
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:
1. The Agency shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits, which are incorporated herein by reference:
Program Summary and Scope of Work Attached hereto as Exhibit I
Capital Budget Attached hereto as Exhibit II
Project Design Schematic Attached hereto as Exhibit III
2. TERM
This Agreement shall commence on May 1, 2019, and shall expire on the December 31, 2020,
unless extended or earlier terminated, pursuant to the terms and conditions of this Agreement.
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YASF – Capital Grant [ City of Kent Parks and Recreation ]
Page 2 of 9
3. PREMISES
This grant Project is located at:
220 Fourth Ave. S.
Kent, WA 98032
4. PARTIES
All communication, notices, coordination, and other tenets of this Agreement shall be managed
by:
On behalf of County:
Butch Lovelace, YSFG Project Manager
King County Parks and Recreation Division
201 South Jackson Street, Suite 700
Seattle, WA 98104-3855
Email: butch.lovelace@kingcounty.gov
Phone: 206.477.4577
On behalf of Agency:
Bryan Higgings, Parks Capital Project Manager
220 Fourth Avenue South
Kent, WA 98032
Email: BHiggins@kentwa.gov
Phone: 253-856-5113
5. COMPENSATION AND METHOD OF PAYMENT
A. Excepting only Council directed grant funds, County shall authorize, at County’s sole
discretion, release of a portion of the grant funds, upon execution of this Agreement, and
receipt of Agency’s County-approved Scope of Work and Capital Budget (see Section 6).
County shall initiate authorization for payment after approval of corrected invoices and
required exhibits. County shall make payment to the Agency not more than thirty (30) days
after a complete and accurate invoice and required documentation is received and approved.
B. Agency shall submit its final invoice and any outstanding deliverables within fifteen (15)
days of the date this Agreement expires or is terminated. If the Agency’s final invoice and
reports are not submitted by the day specified in this subsection, County will be relieved of
all liability for payment to the Agency of the amounts set forth in said invoice or any
subsequent invoice.
6. AGENCY DELIVERABLES
A. Project Summary and Scope of Work. Agency shall provide a County-approved Project
Summary and Scope of Work, attached hereto as Exhibit I. The Project Summary and
Scope of Work shall describe Agency’s capital project, facility use and programming, and
description of its intended use of grant funds.
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YASF – Capital Grant [ City of Kent Parks and Recreation ]
Page 3 of 9
B. Capital Budget. Agency shall provide a County-approved Capital Budget, attached hereto
as Exhibit II. Agency shall apply the funds received from the County under this Agreement
in accordance with said budget. If, at any time during the Term of this Agreement, Agency
expects that the cumulative amount of transfers among the budget categories may exceed
ten percent (10%) of the Agreement amount, then Agency shall notify County to request
approval. Supporting documents necessary to explain fully the nature and purpose of the
change(s) and an amended budget may be required for each request for such approval.
County approval of any such amendment shall not be unreasonably withheld.
C. Project Design Schematic. Agency shall provide a County-approved Project Design
Schematic, attached hereto as Exhibit III.
7. COMMUNICATION
Agency shall recognize County as a “grant sponsor” for the grant project in the following
manner:
A. Events: Agency shall invite and recognize “King County Parks” at all events promoting the
project, and at the final project dedication.
B. Community Relations: Agency shall recognize “King County Parks” as a “grant sponsor”
in all social media, websites, brochures, banners, posters, press releases, and other
promotional material related to the Project.
8. PUBLIC ACCESS
These funds are provided for the purpose of developing and/or supporting the delivery of sports
activities or infrastructure for, but not exclusively serving, persons under twenty-four (24) years
of age, and low and moderate income communities within King County. Fees for the Project
shall be no greater than those generally charged by public operators or project providers in King
County.
9. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Agency shall establish and maintain a system of accounting and internal controls which
complies with applicable, generally accepted accounting principles, and governmental
accounting and financial reporting standards in accordance with Revised Code of Washington
(RCW) Chapter 40.14.
10. MAINTENANCE OF RECORDS
A. Agency shall maintain accounts and records, including personnel, property, financial,
Project records, including Agreement deliverables, and other such records as may be
deemed necessary by the County to ensure proper accounting for all Agreement funds and
compliance with this Agreement.
B. These records shall be maintained for a period of six (6) years after the expiration or earlier
termination of this Agreement unless permission to destroy them is granted by the Office of
the Archivist in accordance with RCW Chapter 40.14.
C. Agency shall inform the County in writing of the location, if different from the Agency
address listed on page one of this Agreement, of the aforesaid books, records, documents,
and other evidence and shall notify the County in writing of any changes in location within
ten (10) working days of any such relocation.
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YASF – Capital Grant [ City of Kent Parks and Recreation ]
Page 4 of 9
11. RIGHT TO INSPECT
County reserves the right to review and approve the performance of Agency with regard to this
Agreement, and, at its sole discretion, to inspect or audit the Agency's records regarding this
Agreement and the Project upon seventy-two (72) hours’ notice during normal business hours.
12. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Agency, in cooperation and agreement with the owners of the Premises, shall comply with all
applicable laws, ordinances and regulations in using funds provided by the County, including,
without limitation, those relating to providing a safe working environment to employees and,
specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA);
and, to the extent applicable, those related to “public works,” payment of prevailing wages, and
competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs
associated with achieving such compliance without notice from King County; and further agrees
that King County, does not waive this Section by giving notice of demand for compliance in
any instance. The Agency shall indemnify and defend the County should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws related to this
Agreement.
13. CORRECTIVE ACTION
A. If the County determines that a breach of contract has occurred or does not approve of the
Agency's performance, it will give the Agency written notification of unacceptable
performance. The Agency will then take corrective action within a reasonable period of
time, as may be defined by King County in its sole discretion in its written notification to
the Agency.
B. The County may withhold any payment owed the Agency until the County is satisfied that
corrective action has been taken or completed.
14. TERMINATION
A. The County may terminate this Agreement in whole or in part, with or without cause, at any
time during the Term of this Agreement, by providing the Agency ten (10) days advance
written notice of the termination.
B. If the termination results from acts or omissions of the Agency, including but not limited to
misappropriation, nonperformance of required services, or fiscal mismanagement, the
Agency shall return to the County immediately any funds, misappropriated or unexpended,
which have been paid to the Agency by the County.
C. Any King County obligations under this Agreement beyond the current appropriation year
are conditioned upon the County Council's appropriation of sufficient funds to support such
obligations. If the Council does not approve such appropriation, then this Agreement will
terminate automatically at the close of the current appropriation year.
15. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and assumes
no obligation for future support of the activity contracted for herein except as expressly set forth
in this Agreement. The Agency understands, acknowledges, and agrees that the County shall
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YASF – Capital Grant [ City of Kent Parks and Recreation ]
Page 5 of 9
not be liable to pay for or to provide any utilities or services in connection with the Project
contemplated herein.
16. HOLD HARMLESS AND INDEMNIFICATION
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof, for
injury to persons, death, or property damage which is caused by, arises out of, or is incidental
to any use of or occurrence on the Project that is the subject of this Agreement, or the Agency's
exercise of rights and privileges granted by this Agreement, except to the extent of the County's
sole negligence. The Agency's obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at the
Agency's own expense;
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51
RCW, but only to the extent necessary to indemnify King County, which waiver has been
mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs
to enforce the provisions of this Section, all such fees, expenses and costs shall be recoverable
from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and agents
from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any
kind whatsoever for bodily injury to persons or damage to property (hereinafter "claims"),
arising out of or in any way resulting from the Agency's officers, employees, agents and/or
subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and
privileges granted under this Agreement, to the maximum extent permitted by law or as defined
by RCW 4.24.115, as now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included in
all Agreements or subcontractor Agreements entered into by Agency in conjunction with this
Agreement. The Agency's duties under this Section will survive the expiration or earlier
termination of this Agreement.
17. INSURANCE
A. Liability Insurance Requirements. Notwithstanding any other provision within this
Agreement, Agency and it subcontractors shall procure and maintain coverage and limits
for no less than the following:
1. Commercial General Liability. Insurance Service “occurrence” form CG 00 01 (current
edition), to include Products-Completed Operations, insurance against claims for
injuries to persons or damages to property that may arise from or in connection with
activities under this Agreement. The insurance coverage shall be no less than One
Million Dollars ($1,000,000) combined single limit per occurrence, and Two Million
Dollars ($2,000,000) in the aggregate.
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2. Automobile Liability. If activities require vehicle usage. Insurance Services form
number CA 00 01 (current edition), covering BUSINESS AUTO COVERAGE, Symbol
1 “any auto”. If the grant includes the use of automobiles, the Limit of Liability shall be
no less than One Million Dollars ($1,000,000) per occurrence.
3. Workers Compensation/Stop Gap. If the recipient or its contractor(s) has/have
employees. Statutory Workers Compensation coverage and Stop Gap Liability for a limit
no less than One Million Dollars ($1,000,000) per occurrence.
4. Professional Liability. If the grant includes the use of Professional Services. Professional
Liability coverage shall be no less than One Million Dollars ($1,000,000) per claim and
in the aggregate.
5. Sexual Misconduct Liability. If the grant involves in-person work with minors. Sexual
Misconduct Liability coverage, at a limit of no less than Five Hundred Thousand Dollars
($500,000) per occurrence and in the aggregate.
B. If the grant involves the construction of a capital project or involves the purchase of
equipment greater than Five Thousand ($5,000) in value, the Agency shall provide “All
Risk” Builders Risk or Property coverage for the full replacement value of the
project/property built/purchased. King County shall be listed as an additional Loss payee
as our interests may appear.
C. King County and its officers, officials, employees and agents shall be covered as additional
insured on Agency’s and its contractor(s’) commercial general liability insurance and, if
applicable, commercial auto liability insurance, with respect to liability arising out of
activities performed by the Agency and its contractors. Additional Insured status shall
include Products-Completed Operations.
D. To the extent of the Agency's or its contractor’s negligence, their insurance respectively
shall be primary insurance with respect to the County, its officers, employees and agents.
Any insurance or self-insurance maintained by the County, and its officers, officials,
employees or agents shall not be subjected to contribution in favor of the Agency or its
contractors insurance, and shall not benefit either in any way.
Agency's and its contractors' insurance shall apply separately to each insured against whom
a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability.
E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except
by the reduction of the applicable aggregate limit by claims paid, until after thirty (30) days'
prior written notice has been given to and change in coverage accepted by King County.
F. The insurance provider must be licensed to do business in the State of Washington and
maintain a Best’s rating of no less than A-VIII. Within five (5) business days of County’s
request, Agency must provide a Certificate of Insurance and Additional Insured
Endorsement(s) (CG 20 10 11/85 or its equivalent) to the County. The Agency shall be
responsible for the maintenance of their contractors' insurance documentation.
G. If Agency is a municipal corporation or an agency of the State of Washington and is self-
insured for any of the above insurance requirements, a certification of self-insurance shall
be attached hereto and be incorporated by reference and shall constitute compliance with
this Section.
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H.Agency's duties under this Section shall survive the expiration or earlier termination
of this Agreement. The Agency understands, acknowledges and agrees that for the relevant
period of public use set forth in Section 8, the Agency shall maintain insurance and name
the County as an additional insured, all of which shall be consistent with the requirements
of this Section.
18. NONDISCRIMINATION
King County Code (“KCC”) chapters 12.16, 12.17 through 12.18 apply to this Agreement and
are incorporated by this reference as if fully set forth herein. In all hiring or employment made
possible or resulting from this Agreement, there shall be no discrimination against any employee
or applicant for employment because of sex, race, color, marital status, national origin, religious
affiliation, disability, sexual orientation, gender identity or expression or age except minimum
age and retirement provisions, unless based upon a bona fide occupational qualification.
19. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth
hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency
to comply with any requirement of said KCC Chapter shall be a material breach of contract.
20. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat of
any candidate for public office.
21. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and the Agency, Agency shall be responsible to operate and maintain
the completed Project at its own sole expense and risk. Agency shall maintain the completed
Project in good working condition consistent with applicable standards and guidelines.
Agency understands, acknowledges, and agrees that the County is not responsible to operate
or to maintain the Project in any way.
B. Agency shall be responsible for all property purchased pursuant to this Agreement,
including the proper care and maintenance of any equipment.
C. Agency shall establish and maintain inventory records and transaction documents (purchase
requisitions, packing slips, invoices, receipts) of equipment and materials purchased with
Agreement funds. Agency's duties under this Section shall survive the expiration of this
Agreement.
22. NOTICES
Whenever this Agreement provides for notice to be provided by one party to another, such notice
shall be in writing, and directed to the person specified in Section 4 of this Agreement. Any
such notice shall be deemed to have been given on the date of delivery, if mailed, on the third
(3rd) business day following the date of mailing; or, if sent by fax, on the first (1st) business
day following the day of delivery thereof by fax. Notice sent solely by e-mail shall be deemed
to have been given on the date of transmission. Either party may change its address, fax number,
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email address, or the name of the person indicated as the recipient by notice to the other in the
manner aforesaid.
23. ASSIGNMENT
Agency shall not assign any portion of rights and obligations under this Agreement or transfer
or assign any claim arising pursuant to this Agreement without the written consent of the
County. Agency must seek such consent in writing not less than fifteen (15) days prior to the
date of any proposed assignment.
24. AMENDMENTS
This Agreement together with the attached exhibits expressly incorporated herein by reference
and attached hereto shall constitute the whole Agreement between the Parties. Either party may
request changes to this Agreement. No modifications or amendment of this Agreement shall be
valid or effective unless evidenced by an Agreement in writing signed by the Parties.
25. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or
breach of any provision of the Agreement shall not be deemed to be a waiver of any other or
subsequent breach and shall not be construed to be a modification of the terms of the Agreement
unless stated to be such through written approval by the County, which shall be attached to the
original Agreement.
26. TAXES
Agency agrees to pay on a current basis all taxes or assessments levied on its activities and
property, including, without limitation, any leasehold excise tax due under RCW Chapter
82.29A; PROVIDED, however, that nothing contained herein will modify the right of the
Agency to contest any such tax, and Agency shall not be deemed to be in default as long as it
will, in good faith, be contesting the validity or amount of any such taxes.
27. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of Washington,
which will be controlling in any dispute that arises hereunder. Actions pertaining to this
Agreement will be brought in King County Superior Court, King County, Washington.
28. PARAGRAPH HEADINGS
The paragraph headings contained herein are only for convenience and reference and are not
intended to be a part of this Agreement or in any manner to define, limit, or describe the scope
or intent of this Agreement or the particular paragraphs to which they refer.
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection and
copying by the public.
30. LEGAL RELATIONS
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Nothing contained herein will make, or be deemed to make, County and the Agency a partner
of one another, and this Agreement will not be construed as creating a partnership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
31. SINGULAR AND PLURAL
Wherever the context will so require, the singular will include the plural and plural will include
the singular.
32. PERMITS AND LICENSES
Agency shall design, develop and construct the Project in accordance will all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities and improvements shall be
performed by Agency at its sole expense and liability. Agency shall, at its sole cost and expense,
apply for, obtain and comply with all necessary permits, licenses and approvals required for the
Project,
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the County
decision will govern and will be binding upon the Agency.
34. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the governmental
or police powers of the County.
35. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between them,
whether written, oral or otherwise.
KING COUNTY
FOR
City of Kent Parks and Recreation
King County Executive Signature
Date NAME (Please type or print), Title
Date
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: June 20, 2019
TO: Parks and Human Services Committee
SUBJECT: New Connections of South King County Lease Agreement -
Authorize
MOTION: Move to recommend council authorize the mayor to sign the
Lease Agreement with New Connections to lease the city-owned building
located at 422 West Titus Street, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: New Connections of South King County, a nonprofit agency serving
Kent residents, has been a tenant in city-owned facilities since June 2003. In
consideration of this 5-year Agreement, the Lessee in lieu of paying rent will adhere
to terms as provided in Exhibit B; pay all costs associated with or arising out of the
maintenance and operation of the leased premises, annually submit the Performa
form outlining their accomplishments for that year. The Lessee will pay a monthly
Leasehold Excise Tax in the amount of $267.30 based on an estimated fair market
value rental of $2,349.00 per month.
New Connections of South King County has served the South King County
communities for twenty years. New Connections programs were designed to assist
individuals who have been or are in the criminal justice system. They are
committed to the reduction of the recidivism rate in the City of Kent. Throughout
the years, their mission has grown to assist those who have been marginalized or
disenfranchised in society. They are committed to empowering people to change,
strengthening families, and creating safer communities. They work to provide their
clients with the opportunity to experience significant improvement in their mental
and physical health. Their approach is holistic and comprehensive. New Connections
serves an average of 1,600 people a year. They also serve 500-600 clients in the
Kent City Jail and 700 clients in SCORE annually.
BUDGET IMPACT: Facilities Lease Budget
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community
ATTACHMENTS:
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1. New Connections of South King County_Lease Agreement (PDF)
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LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND
NEW CONNECTIONS OF SOUTH KING COUNTY
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY
OF KENT, a municipal corporatlon of the State of Washington ("City"), and New
Connectlons of South King County, a Washington non-profit corporatlon ("Tenanto).
The City and Tenant agree as follows:
AGREEMENT
I a PREMISES.
1.1 Premlses Defined. The Clty leases to Tenant and Tenant leases from
the City the real property identified as Tax Parcel No. 982570-0775 and legally
described in Exhibit A, which ls attached to this Lease and lncorporated by thls
reference, and buildlngs located at 422 West Titus Street, Kent, Washlngton
(collectively the "Premises" or "Leased Premlses"). The Clty will use the parklng lot
on the Premises for parking of City vehicles and employee parklng. Tenant may use
the two (2) parking stalls located behlnd the bulldlng.
1.2 Survey, Maps. and Plans. Tenant is not relying upon and the Clty is
not making any representations about any survey, plat, dlagram, and/or legal
description provided by the City.
1.3 Inspection. The Clty makes no representatlon regarding the conditlon
of the Premises. Tenant ls currently in possession of the Premises under a prior
lease agreement. Tenant shall be deemed to have accepted possesslon of the
Premises in "as-is condition."
2. TERM.
2.1 Term Deflned. The term of thls Lease shall be for flve (5) years,
commencing on August 1, 2019 ("Commencement Date"), and shall termlnate on
July 31, 2024, (the "Termination Date"), unless termlnated sooner under the terms
of this Lease.
2.2 Right to Terminate Early Without Cause. City and Tenant each shall
have the right to terminate this Lease at any time during the Term upon ninety (90)
days' prior wrltten notice of termlnation to the other party.
2.3 End of Term. Upon the explration or termination of the Term, as
appllcable, Tenant shall surrender the Premlses to the City in the same or better
LEASE AGREEMENT. 1
(Between City of Kent and New Connections of South Klng County)
(20Le)
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condition as on the Commencement Date, reasonable wear and tear excepted.
Non-permanent appliances, personal property, and trade fixtures belonging to
Tenant or Tenant's invitees shall be removed by the Tenant at the end of the Term.
Any of the aforementioned ltems remaining at the end of the Term shall be moved
off of the Premises by the City at the Tenant's expense.
2.4 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party with thirty (30) days' written
notice. The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made in
accordance with its terms. If the City provides a notice to vacate the Premises in
antlcipation of the termination of this Lease or at any tlme after the Termination
Date and Tenant fails to do so within the tlme set forth in the notice, then Tenant
shall be a trespasser and shall owe the City all amounts due under applicable law.
3. LEASE PAYMENT.
3.1 Monthly Payment. During the Term hereof, Tenant may occupy the
leased premises rent free; ln consideration of which Tenant shall:
(a) Pay leasehold excise tax at a rate established by the State of
Washington, currently 12.84olo, in the amount required by law if Tenant were to pay
the monthly rental market rate of $2,349.00. This amounts to a leasehold excise
tax of $267.30, which shall be paid on a monthly basis on or before the first day of
each month. The leasehold excise tax shall be mailed to: City of Kent, 220 Fourth
Avenue South, Kent, Washlngton 98032, Attention: Financlal Services;
(b) Make all improvements at Tenant's sole expense, as outlined in
ExhtbÍt B; subject to a final inspection and the approval of the Kent Bullding Official
and the Facilities Superintendent of the Kent Parks, Recreation and Community
Services DepartmenÇ and
(c) Pay all costs associated with or arising out of the use,
maintenance, and operation of the Leased Premises.
3.2 Late Payments. Tenant shall pay City a late payment charge equal
to five percent (5o/o) of the leasehold excise tax for any payment not paid within
f¡ve (5) calendar days of when due. Any amounts not paid when due shall bear
interest until paid at the rate of one percent (1olo) per month.
4. OTHER EXPENSES.
During the Term, Tenant shall pay the following additional expenses:
LEASE AGREEMENT. 2
(Between City of Kent and New Connections of South King County)
(20le)
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4.1 Utilities. Tenant shall pay all fees charged for all utilltles in connection
wlth the use and occupancy of the Premlses includlng, but not llmited to, electricity,
water, sewer, storm and surface water, garbage, gas, internet, and telephone
service in a timely manner and prior to delinquency.
4,2 Proof of Payment. Tenant shall, if required by the City, furnish to the
Clty recelpts or other approprlate evidence establishing the payment of any
amounts required to be paid under the terms of this Lease.
4.3 Failure to Pay. If Tenant falls to pay any of the amounts due under
thls Lease, the Clty may pay the amount due, and recover its cost from the Tenant.
Tenant shall pay City sald amounts due within thlrty (30) days of wrltten notlce
from the City. If the City pays or advances any amounts for or on behalf of Tenant'
including but not limited to leasehold taxes, taxes, assessments, insurance
premlums, costs of removal and disposal of unauthorized materials, costs of
removal and disposal of lmprovements pursuant to Section 6 below, or other
amounts not pald when due, Tenant shall reimburse the City for the amount pald or
advanced and shall pay interest on that amount at the rate of one percent (1o/o) per
month from the date the City notlfies Tenant of the payment or advance.
5. USE.
5.1 Permitted Use. Tenant shall use the Leased Premises to provlde
counseling and coordlnated assistance to lnmates who want to reJoin the
community as productive members, and all uses incidental thereto, and for no other
purpose without f¡rst obta¡ning the Clty's prior wrltten consent. The inmates belng
àerved have been released from the Maleng Regional Justlce Center ln Kent and
other local area correctional facilities.
5.2 Restrictions on Use. Tenant shall not cause or permit any damage to
natural resources on the Premlses. Tenant covenants and agrees that Hazardous
Substances, as defined ln Section 5.5, will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, On, under, or above
the Premises, except ln accordance with all applicable laws. Tenant shall also not
cause or permit any filllng actlvity to occur on the Premises. This prohlbitlon
includes any deposit of rock, earth, ballast, refuse, garbage, waste matter
(lncludlng chemical, biological or hazardous substances, or toxic wastes),
hydrocarbons, any other pollutants, or other matter ln or on the Premises. Tenant
shall neither commit nor allow waste to be committed to or on the Premises. If
Tenant fails to comply with all or any of the restrictions on the use of the Premises,
the City shall notify Tenant and provide Tenant a reasonable time to take all steps
necessary to remedy the failure. If Tenant fails to do so in a timely manner, then
the City may take any steps reasonably necessary to remedy this failure. Upon
demand by the City, Tenant shall pay all costs of such remedial action, lncluding but
LEASE AGREEMENT. 3
(Between Clty of Kent and New Connections of South King County)
(20[e)
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not limited to the costs of removing and disposing of any material deposited
improperly on the Premises. The covenants contained herein shall survive
expiration or termination of thls Lease.
5.3 Conformance with Laws. Tenant shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates,
regulations, ordinances, statutes, and other government rules and regulations
regarding its use or occupancy of the Premises.
5.4 Liens and Encumbrances. Tenant shall keep the Premises free and
clear of any liens and encumbrances arising out of or relating to its use or
occupancy of the Premises. Should a lien be recorded against the Premises arising
from actions by the Tenant, Tenant shall have thirty (30) days after written notice
by City to remove the lien.
5.5 Definition - Hazardous Substance. "Hazardous Substance" means any
substance that now or in the future becomes regulated or defined under any
federal, state, or local statute, ordinance, rule, regulation, or other law relating to
human health, environmental protection, contamination or cleanup, including but
not limited to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9601 and Washington's Model Toxics Control Act,
RCW 70.105D.010.
5.6 Miscellaneous. Tenant shall malntain smoke detection devices and
carbon monoxide detectors in accordance with the manufacturer's
recommendations, including the replacement of batteries as required for the proper
operation of the smoke detection device and carbon monoxide detectors. Tenant
shall properly dispose of all rubbish, garbage, and other organic or flammable waste
in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall
assume all costs of extermination and fumigation for any infestation.
5.7 Performa. Tenant will provide the performa information, as outlined in
ExhtbÍt 8, to the City each year that this Lease remains in effect. The information
must be received annually by the anniversary of the Commencement Date.
6. IMPROVEMENTS.
6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of
Tenant's improvements to the Premlses. So long as this Lease remains in effect,
Tenant shall retain ownership of all authorized Tenant improvements and trade
fixtures it may place on the Premises (collectively "Tenant-Owned Improvements").
Tenant-Owned Improvements shall not include any construction, reconstruction,
alteration, oF additlon to the Premises by the City or any Unauthorized
Improvements as defined in Subsection 6.4 below. No Tenant-Owned
Improvements shall be placed on the Premises without the City's prior written
LEASE AGREEMENT. 4
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consent.
6.2 Construction. Prior to any construction, alteratlon, replacement,
removal or major repair of any improvements (whether City-Owned or Tenant-
Owned), Tenant shall submit to the City lts plans that descrlbe the proposed
activity. The City shall have fifteen (15) days in which to review the proposed plans.
The plans shall be deemed approved and the requirement for the City's written
consent shall be treated as walved, unless the Clty notifies Tenant otherwise wlthin
the fifteen (15) days. The City's consent and approval shall not be requlred for any
routine maintenance or repair of improvements made by the Tenant pursuant to its
obligation to malntaln the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or maJor repalr of any
improvements on the Premises. Any improvements shall be done ln conformity
with the Uniform Bullding Code and City of Kent regulatlons. All work performed
shall be done in a workmanlike manner. The provisions of this section do not relieve
Tenant of fulfilling any permit requirements that may apply to the proposed actlvlty.
6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant
by the Terminatlon Date, so long as such removal does not damage the Premlses
and the Premises are restored to its original condltlon or better. If the Tenant-
Owned Improvements remain on the Premises after the Terminatlon Date, they
shall become the property of the City wlthout payment by the City. Any Tenant-
Owned Improvements remalning on the Premlses at the end of the term that the
City deems need to be removed shall be removed by the City at the Tenant's
expense.
6.4 Unauthorized Improvements. Improvements made on the Premises
without the City's prlor consent pursuant to Subsection 6.2 or that are not ln
conformance wlth the plans submitted to and approved by the City ("Unauthorized
Improvements") shall lmmediately become the property of the City, unless the City
elects otherwlse. Regardless of ownershlp of Unauthorized Improvements, the City
fTìäy, at its option, require Tenant to sever, remove, and dispose of them. If Tenant
fails to remove an Unauthorized Improvement upon request, the City may remove
it and charge Tenant for the cost of removal and disposal.
7. ASSIGNMENT AND SUBLETTING.
7,I City Consent Required. Tenant shall not sell, convey, mortgage,
assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's
interest in this Lease or the Premises without the City's prior written consent. In
the event of such consent, each permitted transferee shall assume all obligations
under this Lease. No assignment, sublet, or transfer shall release, discharge' or
otherwise affect the liability of Tenant.
7.2 Event of Assionment. If Tenant is a corporation, a dlssolution of the
LEASE AGREEMENT. 5
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corporat¡on or a transfer (by one or more transactions) of a majority of the voting
stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a
partnership, a dissolutlon of the partnership or a transfer (by one or more
transactions) of the controlling interest in Tenant shall be deemed an assignment of
this Lease.
7.3 Payments Followino Assignment. The acceptance by the City of
conslderation following an assignment or other transfer shall not constitute consent
to any assignment or transfer.
8. INDEMNITY.
8.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property (including property of Tenant or Tenant's invitees)
occurring on or about the Premises and caused by or resulting from any act or
omission by Tenant, invitee, officer, agent, employee, guest, invitee, or visitor of
Tenant or Tenant's invitees, and Tenant agrees and covenants to indemnify,
defend, and hold harmless the City and those persons who were, now are, or shall
be duly elected or appointed officials or members or employees or agents of the
City, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature whether to persons or
property, to the extent arlsing on said Premlses or on any areas adjoinlng the
Premises that is under the control or use of Tenant pursuant to this Lease and
arising out of or in connection with Tenant's use and occupancy of the Premises,
including all legal costs and attorney fees, arising out of or in connection with this
Lease, except for that portion of lnjuries and damages caused solely by the City's
negligence.
8.2 Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant's liability hereunder shall be only to the extent of the
Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S
WAIVER OF IMMUNIW UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
8.3 The provisions of this Section 8 shall survive the expiration or
termination of this Lease.
9. INSURANCE.
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Tenant agrees to comply with the insurance requirements of Exhibit C at all
times during the term of thls Lease.
10. MAINTENANCE AND REPAIR.
10.1 The City's Repalrs. The Clty shall not be required to make any
alteratlons, malntenance, replacements, or repalrs ln, on, or about the Premises, or
any part of the Premlses, durlng the term of this Lease.
10.2 Tenant's Repalrs, Alteration, Maintenance. and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain
the Premlses, lncluding the grounds, parklng lot, and all improvements in good
order and repair, in a clean, attractive, and safe condltlon.
(b) Tenant shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the
Premises or to any lmprovements on the Premises that may be requlred by any
public authority.
(c) All addltlons, repairs, alterations, replacements or changes to
the Premises and to any improvements on the Premises shall be made in
accordance with, and ownershlp shall be governed by Sectlon 6 above.
11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction
of the Premises or any improvements, Tenant shall promptly glve wrltten notice to
the Clty. In the event of damage or destruction that renders the Premises unflt for
Tenant's use, Tenant may terminate this Lease upon thirty (30) days'written notice
to the City.
12. DEFAULT AND REMEDIES.
12.1 Event of Default. Tenant shall be ln default of this Lease on the
occurrence of any of the following:
(a) Failure of Tenant to make the improvements as set forth in
Exhlbit B;
(b) Fallure to observe or perform any of the covenants, condltions
or provisions of thls Lease, where such fallure shall continue for a period of thirty
(30) days after written notice from Clty to cure the default;
(c) Failure to comply wlth any law, regulatlon, policy, or order of
any lawful governmental authorlty;
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(d) Failure to comply with any other provision of this Lease;
(e) If proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
12.2 City's Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease with thirty (30) days'written notice to terminate and remove
Tenant by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Premises on any terms and conditions as the Clty
in its sole discretion may decide are appropriate. If the City elects to relet, rent
received by it shall be applied: (1) to the payment of any indebtedness other than
payment due from Tenant to the City; (2) to the payment of any cost of such
reletting; and 3) to the payment of the cost of any alterations and repairs to the
Premises. Any balance shall be held by the City and applied to Tenant's future
payment as it becomes due. Tenant shall be responsible for any deficiency created
by the reletting during any month and shall pay the deficiency monthly. The Clty's
reentry or repossession of the Premises under this subsection shall not be
construed as an election to terminate this Lease or cause a forfeiture of rents,
payments, or other charges to be paid during the balance of the Term, unless the
City gives a written notice of terminatlon to Tenant or termination is decreed by
legal proceedings. The City may at any time after reletting elect to terminate this
Lease for the previous Event of Default with ten (10) days' written notice.
13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
forty-eight (48) hours notice, unless an emergency exlsts in whlch event the City
may enter immediately.
14. NOTICE. Any notices requlred or permitted under this Lease may be
personally delivered or mailed by certified mail, return receipt requested, to the
followlng addresses or to such other places as the parties may direct in writlng from
time to time:
The City: Clty of Kent Parks, Recreation and Community Services
Attn: Superintendent of Facilities
220 Fourth Avenue South
Kent, Washington 98032
Tenant:New Connections of South Klng County
Attn: Mayene Miller
422 West Titus Street
Kent, Washington 98032
A notice shall be deemed given and delivered upon personal delivery or three (3)
days afrer belng mailed as set forth above, whichever is applicable.
LEASE AGREEMENT. 8
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15. MISCELLANEOUS.
15.1 Authority. Tenant and the person or persons executlng thls Lease on
behalf of Tenant represent that Tenant is quallfied to do business in the State of
Washlngton, that Tenant has full rlght and authority to enter lnto this Lease, and
that each and every person signing on behalf of Tenant ls authorized to do so.
15.2 Successors and Assigns. This Lease shall be blnding upon and lnure to
the benefit of the parties, their successors and asslgns.
15.3 Headings. The headlngs used in this Lease are for convenlence only
and in no way define, limit, or extend the scope of this Lease or the lntent of any
provision.
15.4 Entire Agreement. The written provlslons and terms of this
Agreement, together wlth any Exhibits attached hereto, shall supersede all prior
verbal statements of any officer or other representatlve of the City, and such
statements shall not be effective or be construed as entering into or forming a part
of or alterlng in any manner this Agreement. All of the above documents are
hereby made a part of thls Agreement. However, should any language in any of the
Exhiblts to this Agreement conflict with any language contained in thls Agreement,
the terms of this Agreement shall prevail.
15.5 Walver. The failure of the City to insist upon the strict performance of
any term, covenant, or condition of thls Lease shall not be deemed to be a waiver
of such term, covenant, or condltlon; of any subsequent breach or default of the
same; or of any other term, covenant, or conditlon of this Lease. The City's
acceptance of a payment shall not be construed to be a waiver of any preceding or
existing breach other than the fallure to pay the particular payment that was
accepted.
15.6 Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and ln addition to all other rights and remedles afforded to the
City by law or equity or otherwise.
15.7 Tlme is of the Essence. Time ls of the essence as to each and every
provision of thls Lease.
15.8 Invaliditv. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provislon of this
Lease.
15.9 Compliance with Laws. The Lessee agrees to comply with all federal,
state, and munlclpal laws, rules, and regulations that are now effective or ln the
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future become applicable to Lessee's business, equipment, and personnel engaged
in operations covered by this Agreement or accruing out of the performance of
those operations.
15.10 Appllcable Law and Venue. This Lease shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties
are unable to settle any dispute, difference or clalm arising from the parties'
performance of this Lease, the exclusive means of resolving that dispute, difference
or claim, shall only be by filing suit exclusively under the venue, rules and
jurisdictlon of the King County Superior Court, King County, Washington, unless the
parties agree in writing to an alternatlve dispute resolution process. In any claim or
lawsuit for damages arising from the parties' performance of this Agreement, each
party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other
recovery or award provided by law; provided, however, nothing ln this paragraph
shall be construed to limit the Clty's right to indemnlfication under Section 8 of this
Lease.
15.11 Modification. Any modification of this Lease must be in writing and
signed by a duly authorized representative of the City and Tenant. The City shall
not be bound by any oral representations or statements.
15.12 Survival of Covenants. The covenants contained herein survive the
termination or explration of the Lease for the applicable statute of limitation
perlods.
15.13 Signs. Tenant ffiây, at Tenant's sole expense, place external signs on
the Premises provided such signs have been approved in advance by the City, and
provided such signs do not violate any statute or regulations existing durlng the
terms of this Agreement. Tenant shall pay the costs of removal of such signs upon
terminatlon of the Lease.
15.14 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
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THIS AGREEMENT requlres the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT NEW CONNECTTONS OF SOUTH
KING COUNTY
By:
Prlnt Name: Dana Ralph
By
Prlnt Name:
Its:Mavor Its
Date Date:
(Notary Acknowledgements Appear on Next Page)
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Dana Ralph is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the lnstrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
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STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satlsfactory evidence that
is the person who appeared before lrtê, and said person
acknowledged that (he/she) signed this lnstrument, on oath stated
was authorlzed to execute the instrument and acknowledged lt as the
that (he/she)
of to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
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-Notary Seal Must Appear Withín This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
(20le)
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EXHIBIT A
Legal Description
Block 12, Lot 7, Yesler's First Addition to the Town of Kent, according to plat
recorded in Volume 5 of Plats, page 64, in King County, Washington.
LEASE AGREEMENT. 14
(Between Ctty of Kent and New Connections of South Kng County)
(2ote)
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EXHIBIT B
TENANT IMPROVEMENTS
NEW CONNECTIONS OF SOUTH KING COUNTY
422 West Titus Street
GenerafRoutine Malntenance to be performed on an on-going basls
o Ensure that routlne cleaning and custodial work ls completed within the
interior of the buildlngr Maintain all electrical and plumbing fixtures in proper working ordero Malntain exterior paint, City will select Clty approved colorso Provlde and maintain smoke detectors and carbon monoxide detectors per
Kent City Codeo Malntaln lighting, bulbs and fixtureso Maintaln exlt llghtingo Malntain Heating & Cooling system, change filters monthly and clean diffuser
on a regular baslso Tenant responslble for any damage by clients or employees or tenanto Maintain windows, clean inside and out as neededo Tenant responsible for any wlndow breakageo Burglar alarm sole expense of tenanto Tenant responsible for all phone and data requlredo Maintain parking loto Malntain grounds and landscaplng, weedlng, mowing and barko Tenant responsible for pest control of premlses. Clean and maintaln gutters and downspoutso Quarterly review of plumbing, electrical, structural, fire extlnguisherso Professionally clean carpets and inside of building annually
Performa
As part of the terms of the Lease Agreement ("Lease"), New Connections of South
King County will provide the following information to the City of Kent (Facilities
Office) each year of the Lease. The lnformatlon must be received annually by the
Lease annual renewal date.
LEASE AGREEMENT. 15
(Between City of Kent and New Connectrons of South King County)
(20Le)
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SERVICE PROVIDED
NUMBER OF
INDIVIDUALS
WHO
BENEFITTED
FROM THE
SERVICE
TYPE OF TRAINING/PROGRAM - WHO PROVIDED
TRAINING/PROGRAM ADDITIONAL DETAILS
BASIC NEEDS PROGRAM:
Mailino Address
Clothino Vouchers
Snack Packs
Hvoiene Packs
COMMUNIW SERVICE
PROGRAM:
Office Work
Yard Work
lanltorial Work
DOMESTIC VIOLENCE IMPACT
PANEL:
Monthlv 2 Hour Classes
DRIVER'S LICENSE/RE.
LICENSING:
DOL & DUI
COURTS &. TICKETS
INSURANCE
COMPANIES/CREDIT
COLLECTIONS
WORK EXPERIENCE PROGRAM:
PARTNERSHIP WITH CAREER
PATHS
JAIUPRISON PROGRAM:
KENT CITY JAIL
SCORE
ANGER MANAGEMENT
CLASSES AT THE BUILDING
PARENTING CI-ASSES AT THE
BUILDING
HEALTHY LIFESWLE CLASSES
AT THE BUILDING
RE-ENTRY PROGRAM FOR
THOSE RETURNING FROM JAIL
& PRISON
EXHIBIT B (Continued)
LEASE AGREEMENT. 16
(Between Clty of Kent and New Connect ons of South King County)
(20Le)
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EXHIBIT C
INSURANCE REQUIREM ENTS
FOR STANDARD LEASE
B. Minimum Amounts of Insurance
Insurance
The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property-which
may arise fiom or in connection with thê Lessee's operatlon and use of City
of Kent facilities.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
Insurance Servicés Office (1SO) occurrence form CG 00 01
and shall cover premises and contractual liability. The City
shall be named äs an insured on Lessee's Commercial
General Liability insurance policy using ISO Additional
Insured-Managêrs or Lessors of Premises Form CG 20 11 or
a substitute eñdorsement providing equivalent coverage.
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written
witn limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate.
C, Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance
1. The Lessee's insurance coverage shall be primary insurance
with respect to the city. Any Insurance or self-insurance
coveragä maintained by the City shall be excess of the
Lesseers insurance and'shall not contribute with it.
2. The Lessee's insurance shall be endorsed to state that
coverage shall not be cancelled by either PgItYr exc.ept after
thirtv (-SO) davs prior written notice by certified mail, return
receípÈ reftueéteä, has been given to the city.
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EXHIBIT C (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VIL
E, Verification of Coverage
Lessee shall furnish the City with original certificates and 9 c.opy 9f !l',"
ãm.ñAutory endorsements, including but not,necessarily limited to the
ãäAiiiðñåj ihsur¿¿ endorsement, eviãencing the insurance requirements of
ihé f-.rree. The City shall be námed as an Additional Insured on the
Amendatory Endorsement provided by the Insurer.
F. Waiver of Subrogation
Lessee and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building'
îniå reläase shall apply only to the extent that such claim, loss or liability is
covered by insurance.
G, City's PropertY Insurance
City shall purchase and maintain during the term of the lease, all-risk
property insurance covering City of Kent property,
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: June 20, 2019
TO: Parks and Human Services Committee
SUBJECT: Director’s Report - Informational
SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community
Services Department, will inform the committee of noteworthy information and
upcoming events.
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