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HomeMy WebLinkAboutCAG2024-357 - Original - First Tee of Seattle - Facility Use - 7/30/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Phung Huynh for Eric Hinrichs Parks, Recreation & Community Services Date Sent: Date Required: 0 07/10/2024 7/17/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website n/a Budget Account Number: Grant? Yes No�✓ 48006875.56250 Budget?❑✓ Yes E]No Type: N/A Vendor Name: Category: The First Tee of Seattle Lease Vendor Number: Sub-Category: 28686 Original 0 W Project Name: First Tee of Seattle Facility Use Contract OProject Details: Facility use contract between the City of Kent Riverbend Golf Complex and The First Tee of Seattle which includes limited use of the complex with a reduce rate. The First Tee of Seattle will pay$50/month for C y two parking spaces located at the west end of the driving rate lot. Rent is subject to leasehold excise tax. C Basis for Selection of Contractor: Agreement Amount: $50/month Other 4) *Memo to Mayor must beattached � i Start Date: Effective date of contract Termination Date: Two years after effective date a Local Business? Yes ✓�No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) F71Authorized Signer Verified Notice required prior to disclosure? Contract Number: CAG2024-357 Yes ✓❑No Comments: 1A C C N Date Received:City Attorney: 7/25/24 Date Routed:Mayor's Office City Clerk's Office 7/30/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 • KEN T W A s H i N G 1 o H FACILITIES USE AGREEMENT between the City of Kent and FIRST TEE OF GREATER SEATTLE THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and First Tee of Greater Seattle, organized under the laws of the State of Washington, located and doing business at 4101 Beacon Ave S, Seattle, Washington 98108 (hereinafter the "Contractor"). I. RECITALS The City strives to offer recreation and cultural programs and services to meet the diverse needs of the Kent community. The City operates the Riverbend Golf Complex located at 2019 West Meeker Street in Kent. The City's goal is to offer a wide variety of golf-related programs to youth and teens at that location. The City has found that collaborative partnerships allow it to expand program offerings and participant access within budget constraints. The City has worked with Contractor to teach the basic fundamentals of golf and related life skills to kids aged 5 - 18 at that location. The City has found that basic fundamentals of golf and life skills program is of value and interest to youth in the Kent community, but the City does not have sufficient staff or resources to make that program available. Entering into an agreement that allows the Contractor limited use of portions of the Riverbend Golf Complex during non- peak hours will enable that program to continue to move forward. II. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City: The Contractor will teach the basic fundamentals of golf and related life skills. Through their work with young people and their families, the Contractor hopes to create in their participants a sense of community involvement and engagement in their neighborhood while strengthening individual skills including leadership, communication, fitness, and positive conflict resolution. Schedule of operations: The Golf Course Manager will determine a schedule during non-peak hours that will not adversely affect the operation of the golf complex. The Contractor will be on site at least 30 minutes prior to the start of the program and at least 30 minutes after the conclusion of the program. Changes in scheduling must be approved by the City. Location: Riverbend Golf Complex, 2019 West Meeker Street, Kent, WA 98032. This Agreement only governs activity of the Contractor that occurs at the Riverbend Golf Complex; specifically, any offsite activity by members of the Contractor is not governed by this Agreement. Program: The Contractor will provide fundamental golf and related life skills to kids aged 5 - 18 at the Riverbend Golf Complex to the youth in the Kent community. Participation: All girls and boys, ages 5 - 18 will be eligible for participation. Only members of the Contractor may use the facilities under this program. Concussion Awareness: The Contractor will sign and adhere to the requirements of the Youth Sports Organization Concussion Awareness Statement (attached hereto as Exhibit B). Staffing and volunteers: A minimum of one professionally trained coach will be on-site at all times. The Contractor's Executive Director will be responsible to ensure that all staff and volunteers have passed a PROFESSIONAL SERVICES AGREEMENT - 1 ($20,000 or Less) Washington State Patrol background check and have received adequate training prior to participation in the program. The Contractor's Executive Director will be responsible for the behavior and conduct of all staff and volunteers while they are on site. Facility Use: All persons associated with the Contractor, including program staff, volunteers, participants, and parents will adhere to Kent Parks, Recreation, and Community Services Department and the Riverbend Golf Complex rules for use of and access to the facility. See attached Exhibit A, Riverbend Golf Complex Rules for Use and Access. Evaluation: The Golf Course Manager will meet biannually with the Contractor's Executive Director or Program Director (more often if deemed necessary by either party) to evaluate performance. Fees and Charges: The Contractor will be responsible for any damages, additional fees, or charges incurred through their use of the Riverbend Golf Complex. See attached Riverbend Golf Complex Rules for Use and Access for specific fees and charges. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. III. TERM OF PROGRAM. The parties agree that the program will begin as described in Section II above immediately upon the effective date of this Agreement and shall continue for a term of two years, unless the Agreement is terminated prior to that date pursuant to Section V herein. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. VI. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, PROFESSIONAL SERVICES AGREEMENT - 2 ($20,000 or Less) or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. VII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. VIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. IX. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. PROFESSIONAL SERVICES AGREEMENT - 3 ($20,000 or Less) X. CONTRACTOR'S WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing. This Agreement 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 claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative 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 in this paragraph shall be construed to limit the City's right to indemnification under Section VIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. PROFESSIONAL SERVICES AGREEMENT - 4 ($20,000 or Less) J. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By� --By: Print Name: Dana Ralph Print Name: Evan Johnsen Its: Mayor Its: Director of Programs & Development DATE: 07/29/2024 DATE: June 13, 2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Evan Johnsen Eric T. Hinrichs, PGA Director of Programs and Development Golf Course Manager First Tee of Greater Seattle ehinrichs@kentwa.gov 4101 Beacon Ave S, Seattle, Washington 98108 253.856.5191 (425) 503-4851 (telephone) evan@thefirstteeseattle.org (email) (253) 856-5190 (telephone) ehinrichs@kentwa.gov (email) ATTEST: 9-14 Kent City Clerk APPROVED AS TO FORM: Kent Law Department PROFESSIONAL SERVICES AGREEMENT - 5 ($20,000 or Less) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The statements are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, EEO COMPLIANCE DOCUMENTS - 2 or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; EEO COMPLIANCE DOCUMENTS - 3 xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the seven requirements referenced above. By: Evan Johnsen For: First Tee - Greater Seattle Title: Director of Programs & Development Date: June 13, 2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 Exhibit A CITY OF KENT PARKS, RECREATION, AND COMMUNITY SERVICES RIVERBEND GOLF COMPLEX FACILITIES USE AGREEMENT RULES FOR LIMITED USE AND ACCESS Under the City of Kent (the "City") Facilities Use Agreement The First Tee of Greater Seattle ("The First Tee") agrees to abide by the following rules for limited use of the Riverbend Golf Complex (the "Complex") for basic fundamental golf and life skills instruction (the "Program"). 1. Limited use of Complex will be provided by the City to The First Tee during non-peak times of business. Scheduled use of the driving range for Program - associated golf instruction and the party room for Program - associated classroom Instruction will be determined by the Golf Course Manager ("Manager") on a quarterly basis. 2. Use of the driving range for golf instruction will be limited to a maximum of six (6) hitting stalls at any given time. Location of the six (6) stalls may vary depending on driving range business and other scheduled lessons. When possible, the Program will utilize the last six (6) stalls available on the driving range tee line. 3. Use of the driving range for golf instruction will be limited to the children participating in the Program during the scheduled session. Adults, parents or guardians associated with the children participating in the Program will not be allowed to hit range balls provided for the Program. 4. The maximum number of Program participates per session on the driving range for golf instruction will be limited to twelve (12) at any given time and require sharing of the six (6) stalls provided. 5. The Complex will provide The First Tee access to the driving range for the following fees: five dollars ($5.00) per participant per session for range balls/use of the driving range. Sessions will be limited to a maximum of one (1) hour and thirty minutes (30). 6. The Complex will provide The First Tee approximately 3,000 bulk range balls (one container) for the Program - associated golf instruction. 7. The First Tee will be responsible for providing its own professionals/instructors for giving golf instruction. These professionals/instructors will be strictly limited to providing instruction to the Program participants during the scheduled sessions of the Program and are prohibited from giving independent golf instruction outside the scope of the Program. 8. The First Tee will be responsible for providing the necessary Program support, supplies and staffing to set up all equipment necessary prior to the beginning of the sessions, including range balls. 9. The First Tee will be responsible for providing adult supervision of Program participants at all times. 10.The First Fee will be responsible for providing adult supervision of participants prior to the beginning of any scheduled session. This requires that an adult associated with the Program must be present a minimum of thirty (30) minutes prior to the beginning of any scheduled session to provide supervision prior to the first Program participant arriving. 11.The First Tee will be responsible for providing the necessary support and staffing to clean up after the end of each session which includes both the driving range and party room. 12.The First Tee will be responsible for providing adult supervision of Program participants after the end of each session. This requires that an adult associated with the Program must be present to provide supervision until the last participant has left the facility. 13. Program participants, adults, parents, guardians and instructors associated with The First Tee will conduct themselves in a positive, polite and courteous manner at all times while present at the Complex. 14.The Complex will provide The First Tee access on a space available basis one of the Complex's two (2) practice putting greens. The Manager will approve use of the practice putting greens on a space available basis as part of the quarterly schedule. 15.The Complex will provide The First Tee access to the 18-Hole golf course for the participants of the Program on a space available basis after 12:00 pm for seven dollars and fifty cents ($7.50) for nine (9) holes and ten dollars ($10.00) for eighteen (18) holes. Tee times may be reserved one week in advance. The Program director is responsible for reserving all tee times. This shall include Junior League participation at seven dollars and fifty cents ($7.50). 16.The Program director will be required to check in with the Pro Shop staff twenty (20) minutes prior to the first scheduled tee time to confirm the number of participants. Failure to check in may result in Program participants having to wait for the next available open tee time or in some instance participants may not be able to play that particular day. Additionally, no-showing for scheduled tee times may result in the Program's loss of privilege to use the golf courses. 17. Program participants are required to arrive minimum of fifteen (15) minutes prior to their scheduled tee time and be ready to play. Showing up late for a scheduled tee time may result in Program participants having to wait for the next available open tee time or in some instances participants may not be able to play that particular day. 18. Program participants agree to follow and abide by the Complex's "Pace of Play Policy" in place at both golf courses. The "Pace of Play Policy" is designed to eliminate slow play by have players play ready golf at all times for the enjoyment of all players. Therefore, it may be necessary to provide an adult with some groups of participants that are just learning the game or for those participants that tend to play slower to ensure that the "Pace of Play Policy" Is followed. Failure to abide by the Complex's "Pace of Play Policy" may result In the Program's loss of privilege to use the golf courses. 19.All Program participants will be required to enter and exit the driving range through the main entrance. Use of the back doors located at the teaching end of the driving range as an entrance and exit Is prohibited due to the interference with private lessons and for security reasons. The back doors located at the teaching end of the driving range are to remain closed at all times. 20.The First Tee will be responsible for submitting to the Complex on a weekly basis the number of Program participants from the previous week's sessions. 21.The Complex will invoice The First Tee on a quarterly basis by the fifth of the following month for the use of the Complex by the Program's participants based on the weekly submittals by The First Tee. 22. Payment for the previous quarter's use of the facility must be received within five business days of receiving the Complex's invoice for Program participants use. 23.The First Tee agrees to pay $50.00 per month rent for two parking spaces located at the west end of the driving range parking lot. The monthly rental rate shall be billed by the City on quarterly basis by the fifth of the following month and remitted by The First Tee within five business days of receiving the Complex's invoice. The First Tee shall also pay leasehold excise tax of 12.84% of the rental rate. 24.These parking spaces and any temporary structures must be regularly maintained in good working order and appearance, including regular pressure washing and cleaning of the exterior. Signed: Evan Johnsen Director of Programs & Development First Tee - Greater Seattle June 13, 2024 Exhibit B CITY OF KENT PARKS, RECREATION, AND COMMUNITY SERVICES YOUTH SPORTS ORGANIZATION CONCUSSION AWARENESS STATEMENT RCW 28A.600. 190 First Tee - Greater Seattle (4101 Beacon Ave S, Seattle, WA 98018) (206)-762-2334 NAME OF ORGANIZATON STREET ADDRESS PHONE CONTACT Evan Johnsen (same as above) (425) 503-4851 NAME OF REPRESENTATIVE STREET ADDRESS PHONE CONTACT What is the nature and/or purpose for facility use? First Tee is a youth development organization that enables kids to build the strength of character that empowers them through a lifetime of new challenges. By seamlessly integrating the game of golf with a life skills curriculum, we create active learning experiences that build inner strength, self-confidence, and resilience that kids can carry to everything they do. We're Building Game Changers through our junior golf programs. First Tee - Greater Seattle, a youth sports organization/team, hereby verifies all coaches, athletes and their parent/guardian have complied with mandated policies for the management of concussions and head injuries as prescribed by RCW 28A.600.190 - Youth Sports- Concussion and head injury guidelines-Injured athlete restrictions-Short Title. A copy of the text of this statue is provided below: (1)(a) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The centers for disease control and prevention estimates that as many as three million nine hundred thousand sports- related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death are significant when a concussion or head injury is not properly evaluated and managed. (b) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occurs without loss of consciousness. (c) Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death. The legislature recognizes that, despite having generally recognized return to play standards for concussion and head injury, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the state of Washington. (2) Each school district's board of directors shall work in concert with the Washington interscholastic activities association to develop the guidelines and other pertinent information and forms to inform and educate coaches, youth athletes, and their parents and/or guardians of the nature and risk of concussion and head injury including continuing to play after concussion or head injury. On a yearly basis, a concussion and head injury information sheet shall be signed and returned by the youth athlete and the athlete's parent and/or guardian prior to the youth athlete's initiating practice or competition. (3) A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from competition at that time. (4) A youth athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives written clearance to return to play from that health care provider. The health care provider may be a volunteer. A volunteer who authorizes a youth athlete to return to play is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct. (5) This section may be known and cited as the Zackery Lystedt law. [ 2009 c 475 § 2.] The undersign representative certifies that the information above is true and correct and herby certifies this statement on behalf o the identified organization including all teams' players, coaches and parents/guardians affiliated with such organization. June 13, 2024 REPRESENTATIVE OF ORGANIZATION DATE Exhibit C Insurance Requirements Insurance Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $2,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability and Automobile Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 2. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. 77/24/2024 (MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kim Hutchinson JD Fulwiler&Co., Insurance PHONE FAX 330 E Mill Plain Blvd AIC No Ext: 503-977-5650 A/C No):503-977-5850 Suite 403 ADDRESS: khutchinson@jdfulwiler.com Vancouver WA 98660 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Philadelphia Indemnity Ins Co 18058 INSURED SEATJUN-01 INSURERB: Federal Insurance Co 20281 Seattle Junior Golf Foundation dba The First Tee of Greater Seattle INSURERC:Starr Indemnity&Liability Co. PO Box 31020 INSURER D: National Specialty Seattle WA 98103 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:904460091 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY Y PHPK2607863 10/11/2023 10/11/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE L�j OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $EXCLUDED PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY❑ PRO-JECT X ❑ LOC PRODUCTS-COMP/OP AGG $3,000,000 X OTHER: ABUSE-SEE BELOW* PARTICIPT LEGAL LIAB $INCLUDED A AUTOMOBILE LIABILITY PHPK2607863 10/11/2023 10/11/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR PHUB883384 10/11/2023 10/11/2024 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$in nnn $ A WORKERS COMPENSATION PHPK2607863 10/11/2023 10/11/2024 PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B DIRECTORS&OFFICERS 82091278 4/1/2024 4/1/2025 LIMIT:$1,000,000 DED:$1,500 D CYBER LIABILITY FLY-CB-UVXK209MX-002 10/11/2023 10/11/2024 LIMIT:$1,000,000 DED:$1,000 C VOLUNTEER ACCIDENT BAP474681 10/11/2023 10/11/2024 LIMIT:$25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *ABUSIVE CONDUCT LIABILITY included in General Liability policy; Each Abusive Conduct Limit$1,000,000;Aggregate Limit$3,000,000 The City of Kent,its officers,agents,and employees are included as Additional Insureds as respects operations of the Named Insured subject to policy terms, conditions,and exclusions per attached form PI-AS-010.Coverage is Primary/Non-Contributory per Commercial General Liability coverage form CG 00 01. 30 day notice of cancellation per policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation I Golf 220th 4th Ave S AUTHORIZED REPRESENTATIVE Kent WA 98032 ye ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD PI-AS-010 (04/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED: OWNERS AND / OR LESSORS OF PREMISES, LESSORS OF LEASED EQUIPMENT, SPONSORS OR CO- PROMOTERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This policy is amended to include as an additional Insured any person or organization of the types designated below, but only with respect to liability arising out of your operations: 1. Owners and /or lessors of the premises leased, rented, or loaned to you, subject to the following additional exclusions: a. This insurance applies only to an "occurrence"which takes place while you are a tenant in the premises; b. This insurance does not apply to"bodily injury" or"property damage" resulting from structural alterations, new construction or demolition operations performed by or on behalf of the owner and /or lessor of the premises; c. This insurance does not apply to liability of the owners and /or lessors for"bodily injury" or "property damage" arising out of any design defect or structural maintenance of the premises or loss caused by a premises defect. With respect to any additional insured included under this policy, this insurance does not apply to the sole negligence of such additional insured. 2. Lessor of Leased Equipment, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s) subject to the following additional exclusions: a. This insurance does not apply to any"occurrence"which takes place after the equipment lease expires. 3. Sponsors 4. Co-Promoters Page 1 of 1