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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. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) 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. 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) 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 4 Packet Pg. 4 Mi n u t e s A c c e p t a n c e : M i n u t e s o f A p r 1 8 , 2 0 1 9 5 : 0 0 P M ( O P E N S E S S I O N ) 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) 5 Packet Pg. 5 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 5.a Packet Pg. 6 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 5.a Packet Pg. 7 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) TABLE OF CONTENTS Face Sheet ................ Special Terms and Conditions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 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 1 1 1 1 1 1 2 2 2 2 3 3 4 4 5 5 5 5 6 6 6 6 6 6 7 7 7 7 7 5.a Packet Pg. 8 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Right of lnspection. Savings..... Severability ............... Site Security .............. Subg rantingiSubcontracti ng .. Survival..... Taxes....... Termination for Cause Termination for Convenience Termination Procedures........ Treatment of Assets... Waiver .7 .8 .8 .8 .8 .8 .8 .8 .9 .9 10 10 Attachment A, Scope of Work, Attachment B, Budget; Attachment C, Availability of Funds; Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED 5.a Packet Pg. 9 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 l 5.a Packet Pg. 10 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 2 5.a Packet Pg. 11 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) {, 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. 3 5.a Packet Pg. 12 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 4 5.a Packet Pg. 13 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 5 5.a Packet Pg. 14 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 b 5.a Packet Pg. 15 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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). 7 5.a Packet Pg. 16 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 8 5.a Packet Pg. 17 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. o 5.a Packet Pg. 18 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 1 5.a Packet Pg. 19 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 2 5.a Packet Pg. 20 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 3 5.a Packet Pg. 21 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 4 5.a Packet Pg. 22 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 5 5.a Packet Pg. 23 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. b 5.a Packet Pg. 24 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 7 5.a Packet Pg. 25 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. 8 5.a Packet Pg. 26 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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; I 5.a Packet Pg. 27 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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. - (' Io 10 5.a Packet Pg. 28 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 5.a Packet Pg. 29 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 5.a Packet Pg. 30 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 5.a Packet Pg. 31 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) a 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 5.a Packet Pg. 32 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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 Hf, 5.a Packet Pg. 33 At t a c h m e n t : D e p t o f C o m m e r c e G r a n t f o r M M . d o c x ( 1 8 3 4 : G r a n t A g r e e m e n t w i t h W a s h i n g t o n D e p a r t m e n t o f C o m m e r c e - R e c o m m e n d ) 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) 6 Packet Pg. 34 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. 6.a Packet Pg. 35 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) 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. 6.a Packet Pg. 36 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) 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. 6.a Packet Pg. 37 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) 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 6.a Packet Pg. 38 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) 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. 6.a Packet Pg. 39 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) YASF – Capital Grant [ City of Kent Parks and Recreation ] Page 6 of 9 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. 6.a Packet Pg. 40 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) YASF – Capital Grant [ City of Kent Parks and Recreation ] Page 7 of 9 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, 6.a Packet Pg. 41 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) YASF – Capital Grant [ City of Kent Parks and Recreation ] Page 8 of 9 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 6.a Packet Pg. 42 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) YASF – Capital Grant [ City of Kent Parks and Recreation ] Page 9 of 9 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 6.a Packet Pg. 43 At t a c h m e n t : K C Y A S G f o r W F ( 1 8 3 5 : K i n g C o u n t y Y o u t h a n d A m a t e u r S p o r t s G r a n t A g r e e m e n t f o r W e s t F e n w i c k P a r k - R e c o m m e n d ) 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: 7 Packet Pg. 44 1. New Connections of South King County_Lease Agreement (PDF) 7 Packet Pg. 45 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) 7.a Packet Pg. 46 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) 7.a Packet Pg. 47 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) 7.a Packet Pg. 48 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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 (Between City of Kent and New Connectrons of South King County) (20Le) 7.a Packet Pg. 49 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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 (Between Clty of Kent and New Connectrons of South King County) (20Le) 7.a Packet Pg. 50 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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. LEASE AGREEMENT. 6 (Between City of Kent and New Connectrons of South King County) (20Le) 7.a Packet Pg. 51 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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; LEASE AGREEMENT. 7 (Between City of Kent and New Connectlons of South King County) (20le) 7.a Packet Pg. 52 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - (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 (Between City of Kent and New Connectrons of South Kng County) (20Le) 7.a Packet Pg. 53 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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 LEASE AGREEMENT. 9 (Between City of Kent and New Connections of South King County) (20le) 7.a Packet Pg. 54 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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. LEASE AGREEMENT. 10 (Between City of Kent and New Connectrons of South King County) (20Le) 7.a Packet Pg. 55 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) LEASE AGREEMENT - 11 (Between Ctty of Kent and New Connectlons of South KIng County) (20Le) 7.a Packet Pg. 56 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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 LEASE AGREEMENT. 12 (Between City of Kent and New Connectþns of South King County) ) ) ) ss. (20te) 7.a Packet Pg. 57 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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: LEASE AGREEMENT. 13 (Between Ctty of Kent and New Connectrons of South Klng County) ) ) ) ss -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) 7.a Packet Pg. 58 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) 7.a Packet Pg. 59 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) 7.a Packet Pg. 60 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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) 7.a Packet Pg. 61 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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. 7.a Packet Pg. 62 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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, 7.a Packet Pg. 63 At t a c h m e n t : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y _ L e a s e A g r e e m e n t ( 1 8 3 6 : N e w C o n n e c t i o n s o f S o u t h K i n g C o u n t y L e a s e A g r e e m e n t - 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. 8 Packet Pg. 64