HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 01/17/2013 KENT
Parks and Human Services Committee Agenda
Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph
January 17, 2013
5:00 p.m.
Item Description Action Speaker Min. Paqe
1. Minutes dated November 15, 2012 Yes Council 02 01
- Approve
2. Memo of Understanding to Yes Merina Hanson 05 11
WESTAF for Online Grant Katherin Johnson
Subscription Service - Authorize
3. Addendum to "Go Grants" Online Yes Merina Hanson 05 23
Subscription Service Agreement - Katherin Johnson
Authorize
4. Recreation and Conservation Yes Brian Levenhagen 05 57
Office Grant Agreement -
Authorize
5. 2012 Fourth Quarter Reports - No Jeff Watling 08 79
INFO ONLY
6. Director's Report - INFO ONLY No Jeff Watling 05 107
Unless otherwise noted, the Parks Committee meets the 3rd Thursday of each month at
5:00 p.m. in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-
5895.
For information, please contact the Parks, Recreation and Human Services Department at
(253) 856-5100. Any person requiring a disability accommodation should contact the City
Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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® Parks and Human Services Committee Meeting
T November 15, 2012
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Council Present: Acting Chair: Elizabeth Albertson, Dana Ralph, Dennis Higgins for
Debbie Ranniger.
Item 1: Minutes of October 18, 2012 - Approve
Ralph moved to approve the minutes of September 20, 2012. Higgins seconded.
The motion passed 3-0.
Item 2• Human Services Funding Ordinance - Adopt
Merina Hanson, Human Services Senior Planner stated that in 2011, Human Services
requested a budget adjustment of $95,000.00 for 2012. This was due to a significant decrease
in the human services 1% funding allocation which was a result of the decline in the economy
and impacts from the RFA. The request kept funding at an even level. At that time, staff
reported that the Human Services Commission would be recommending a new funding
strategy to council in 2012 , so it would be less vulnerable.
A variety of options for funding were pursued and discussed. The Human Services
Commission recommends council adopt a new ordinance for per capita funding. The per capita
funding creates a stable funding source. At its highest the human services fund was $9.30 per
capita. The current allocation is $6.95 per capita. Based on the baseline budget projection for
2013 the per capita rate would drop to $6.03. Hanson said that the amount in the Ordinance
is blank because it will depend on the budget and once the budget is adopted, the amount will
be plugged into the Ordinance. Early in the budget process council received a report of what
the different rates were and what the funding level will be for the agencies. Jeff Watling,
Parks, Recreation and Community Services Director, offered to bring that data to the Budget
Workshop on Saturday.
Hanson confirmed the per capita amount is relative to the funding backfill requested each
year. Albertson asked about the drop in rates from original discussions. Hanson shared
that the Commission revised the amount to better match the current budget.
Higgins asked about the salary of the Internal Auditor position. Hanson responded that
the Human Services Coordinator position would be out of the General Fund and is not
included in this Ordinance. The position is determined in the budget process. Katherin
Johnson, Manger of Housing and Human Services, came to the table and referenced the
additional amount of funding supports a Human Services Coordinator is to manage
contracts. There is another Ordinance that says salaries cannot be funded.
Watling reminded council that if salary needs are pulled out of per capita then the funding
needs to come from somewhere.
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Higgins asked for clarification to get this to a per capita funding model. Katherin
responded that Jason Johnson and Merina Hanson's salaries would need to be split. It
includes an inflator that depends on CPI.
Albertson stated that originally the goal was to generate a consistent revenue stream. She
is not comfortable paying for staff and amending the Ordinance to do so. She prefers to
keep the funds for services only.
Watling responded that this is general fund and funding for staff needs to be found
somewhere. Johnson reiterated that Human Services funding is not from a special fund,
it's from the general fund.
Ralph asked if having staff salaries in this budget creates security for these positions.
Johnson reiterated that human services funding is not through a special fund, it's from the
general fund. Staff salaries are in the general fund. The per capita funding would come
from the general fund.
Higgins reminded everyone that further and specific discussion on this topic will continue
on Saturday at the Budget Workshop. This subject is on the agenda.
The idea is to get the ordinance through committee with a blank amount until after the
budget has been presented and then a solid number can be applied.
Watling stated that a rate discussion needs to occur before the dollar amount is decided
upon during budget discussion.
Higgins moved to recommend approving the Human Services Funding Ordinance.
Ralph seconded. The motion passed 3-0.
Item 3, Parks Infrastructure Next Steps - INFO ONLY
Jeff Watling, Parks, Recreation and Community Services Director referenced the results of
the ballot measure when voters voted down the Parks and Roads Levy. Watling stressed
the growing need to reinvest in our park system.
Current Capital Budget
• Kent's 2012 capital budget included $285,000 for parks capital needs.
• If the rate of investment over the past 4 years continues, the backlog of aging
assets will continue to grow.
• The levy money would have provided an additional $3,000,000 a year for parks
capital improvements.
Ralph asked for a per acre comparison with other local cities. Watling responded that
staff can get that information.
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Parks Capital Needs
2011 Parks Facilities Assessment
• The analysis looked at 240 assets.
• 79 assets (32%) were ranked 1 or 2 = being the most critical.
• 63% of parks contain at least one asset ranked 1 or 2.
Assets with a score of 1 or 2 are only marginally functional.
• Since the analysis, assets have continued to age.
• 64 assets (28%) were ranked 3.
Y The levy projects focused on addressing failing assets within our most popular
parks, as recommended by a citizens' advisory group.
• Following is a park-by-park look at assets in critical need of attention and
anticipated loss of functionality, if not addressed.
Watling stated that some of the threes will become ones and twos in the near future. He
reiterated that we need to take care of what we've got and what we need to do is find
capital to make it happen.
Green River Loop Trail
Key Renovations
• Replace rotting restroom at Van Doren's.
• Replace aging and undersized playground at Van Doren's.
• Repave parking lot at Van Doren's.
• Improve trail connections, signage, and safety.
If not addressed
• Regular safety inspections of playground.
• Continued patching of parking lot.
• Monitoring of restroom building for safety.
• Anticipated restroom closure.
Kent Memorial Park
Key renovations
• Replace dilapidated restroom/concession building.
• Repave parking lot.
• Formalize neighborhood trail.
• Replace bleachers on field one.
If not addressed
• Draw from existing resources to perform regular maintenance to keep building
operational.
• Continue to fill pot holes.
• Anticipated closure of back driveway.
• Anticipated removal of bleachers.
• Ability to host/attract tournaments in question.
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Hope Gibson, Manager of Parks Planning and Development interjected that the ones and
twos are being addressed today, and a few threes, but this list doesn't address all of our
parks with issues.
Lake Fenwick Park
Key renovations
• Replace floating walkway/fishing dock.
• Replace eastern stairs connecting the park to the Green River Trail.
• Repave middle parking lot.
• Pave boat launch and disc golf course parking lots.
• Improve trail conditions.
If not addressed
• Close monitoring of floating walkway.
• Close monitoring of eastern stairway.
• Anticipated removal of floating walkway and fishing dock.
• Anticipated trail closure.
• Park becomes segmented with loss of a floating walkway connection (a bridge to
nowhere).
Lake Meridian
Key renovations
• Replace aging swimming/fishing dock.
Higgins asked what the downside is from not having the dock. Watling responded that
given the popularity of the park, with 80,000 visits during the summer months, the dock
separates fishing, sunbathing and swimming. It contains the swimming area, as well as
access - egress and ingress.
If not addressed
• As recommended by report prepared by engineering consultant.
• Implement a program of regular inspection and repair.
• Draw from existing resources to perform frequent maintenance in order to keep
docks in service.
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• Anticipated dock removal, at an estimated cost of $125,000.
Mill Creek Earthworks Park
Key renovations
• Complete drainage improvements.
• Replace two sets of stairs.
• Redevelop trail system.
If not addressed
• Continue efforts to keep people off stairs.
• Continue efforts to keep people off trails.
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• Majority of the lawn continues to be unusable following rain events.
Russell Road Park
Key renovations
• Repair and resurface parking lots.
• Replace play structure.
• Convert field one to a multi-use synthetic field.
• Reconfigure pathways/lighting.
• Replace restroom.
If not addressed
• Continue to patch parking lots as needed.
• Perform regular safety inspections of the playground.
• Continue scheduling Field One as a seasonal facility.
• Attractiveness for holding regional/national tournaments in question.
springwood Park
Key renovations
• Redevelop a failing neighborhood park into a community park.
• Possible additions: destination playground, parking lot, restroom, picnic shelters,
sport court, spray park, and improved visibility through grading.
If not addressed
• Continue to address individual incidents of vandalism and decay as resources allow.
• Park will continue to function as an isolated space.
• Park will continue to attract undesirable activities.
West Fenwick Park
Key renovations
• Replace play equipment.
• Replace exercise equipment.
• Refurbish playfield drainage and irrigation.
If not addressed
• Playfield remains unusable during dry and wet periods.
• Close monitoring of playground safety.
• Close monitoring of exercise equipment.
• Removal of equipment as it becomes unsafe.
Wilson Playfields
Key renovations
• Replace synthetic turf.
• Repair damaged fence posts.
• Construct picnic shelter.
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If not addressed
• Continue to evaluate fields to confirm compliance with Gmax safety standards.
• Continue to draw from existing resources to meet increased maintenance needs.
• Close fields when they fail to meet safety standards.
Albertson asked how close we are to closing the park without the infusion of capital.
Watling responded that hopefully we can make it for 1-2 more years.
Neighborhood Parks
The levy included $1.8 million to address failing assets in neighborhood parks.
28 Assets in neighborhood parks were determined as being a "1" or "2" in the 2011
assessment.
• These assets have a replacement value of slightly over $3,000,000.
• When the assessment is updated, we can expect the number of "1's" and "2's" to
have increased.
Next Steps
• The need to address aging assets does not go away.
• Functionality within our park system continues to decline.
• Decline will continue at an increasing rate if reinvestment does not occur at a
healthier rate.
• Careful planning and capital expenditures are needed under any potential scenario
of reinvestment or system decay.
Watling stated that staff will continue to be wise stewards of the city's park land. We want
to be that incredible urban public space. We will continue with the hard work and passion
on the staff end, but we can't do it without money.
Albertson commented that people don't want to purchase a home that is next to a park
that is failing, rotting or closing. Since the voters have stated that they won't increase
their taxes to cover the cost for capital projects, we may have to suffer the consequences.
Very concerned that parks that generate such revenue for the surrounding businesses
might be closed down. Tournaments in our athletic fields have significant financial impacts
to local hotels and restaurants.
Higgins wants the advisory committee to reconvene and see what the will and thoughts of
that group is. There may be a desire by the group to run another campaign. Higgins feels
we also have to be realistic - the voters have spoken. Maybe we didn't do a good job of
education them, perhaps they don't want parks or playfields for their kids. He wants to
work toward finding a solution and he wants to do a better job of explaining the situation.
We can't fix things without the money.
Ralph agrees with re-organizing the advisory group to include them in the discussion as
we move forward with this issue. She feels discussion should continue and maybe the list
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needs to be pared down again, maybe some of the key parks should be the only ones
fixed at this time. We can only patch for so long.
Higgins stated that he understands why some voters were against the Levy and the
financial challenges of the citizens today. He notes that Kent residents have experienced
financial hardship in the past but that Kent residents created the park system we have
today. He wants to leave the park system at the same level he inherited it. He stated that
we need to educate the public. It's not always easy and there are sacrifices that
sometimes need to be made. He wants to find a way to make this work.
Albertson said maybe other strategies need to be reviewed. She referred to the BERK
Study as well as the economic hits. She feels we need to come up with another funding
source for the ones we've lost - such as the Streamlined Sales Tax, REET, etc. She
appreciates the idea of bringing back the citizens group.
Item 4: Riverbend Golf Complex Status Report - INFO ONLY
Pete Petersen Superintendent of Riverbend Golf Complex and Jeff Watling, Director of
Parks, Recreation and Community Services reported on the status of the Riverbend Golf
Complex.
Golf Courses are a Weather Dependent Enterprise:
• is` quarter 2012 - Bad
• 2nd quarter 2012 - Bad '...,
3rd quarter 2012 - Great
• 4ch quarter 2012 - Average (knock on wood)
2012 Year-End Projection:
• Trending in the right direction.
• Projecting a $97,121 loss.
• Loss includes Golf Fund revenues into General Fund (Admissions Tax and General
Government charge).
• Phase II rate increases in 2013 and continued operating efficiencies, look to keep
moving positive trend line.
The Big Picture: Three Golf Fund Issues to be Resolved:
• Debt re-payment.
• Capital re-investment.
• Annual operating balance.
• Any option we pursue should provide a solution to all three of these issues.
• Staff is prepared for that discussion heading into 2013.
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Comparable Cities' 2012 Capital Expenditures Per Acre
of Developed Park Land
Albertson noted that if you take the bottom line, which is showing a loss, and back out the
Admissions Tax, and the General Government charge (city services, such as Finance and
Law) the balance would actually be $82,000 in the black. Watling agreed, but stated that
it's still a part of the budget. The taxes and the general government charges would have
to be backed out in other budgets and the bottom line would be the same.
Ralph asked how much of the general government charge is actually charged by each
division (Finance and Law) - what is actually hard costs. Watling responded that we do not
have exact amounts of how the fees are charged within city services. He is not suggesting
those charges be taken out of the Riverbend budget just so they can show up as a deficit
somewhere else in the general fund. We do need to concentrate on the paying back the
debt fund for Riverbend and to get the operating budget healthy.
Albertson noted that in looking at the Riverbend numbers, it's not the black hole of debt
that it appears to be in financial reports.
Ralph stated that the budget and the actuals aren't matching. Watling responded that the
numbers reflect the partnership between Riverbend and Finance in terms of how the
target is set. As an enterprise, whatever the budget projections show, our goal is to break
even or do better. Ralph prefers being more realistic in the projections.
Higgins asked about cost controls and how we can reduce our costs. Pete Petersen,
Superintendent of Riverbend said many reductions and/or changes have been made to the
operations at Riverbend: expenses were reduced by over $165,000, while raising over
$170,000 in revenue, a reduction in plays at the Par 3 resulted in a drop in maintenance
costs, revenue center hours were reduced, staff hours have been restructured, and with
the creation of a new work schedule, overtime has been reduced by over $100,000.
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Higgins questioned having a Pro Shop, if it's just breaking even. Watling responded that
the revenue center is making a profit even including payroll. Petersen stated that
inventory has also been reduced and that they've sold a lot of older product. Petersen
stated that vendors have price points on golf inventory, as with other municipal golf
courses.
Higgins stated that with enterprise funds, the goal is not to lose money and because there
is a debt to repay, council is looking at this issue with more scrutiny. Council will be
talking more about this at the budget workshop on Saturday. The goal is for the city's
budget not to be in a deficit, or to have a plan to be out of deficit. He likes where this is
moving and appreciates the work staff is doing. He needs more confidence that the city is
not running more deficits.
Watling stated that staff has had very intense conversations about the golf course. Staff
want to be out of debt as well and welcomes creative ideas, in addition to the scrutiny and
dialogue with council.
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Item 5: Director's Report - INFO ONLY
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Meeker Street Planting Plan
Watling reported that a couple years ago, the responsibilities with the downtown area
were redefined. From 4th Avenue to Railroad and Smith to Gowe, all street maintenance
was transferred from Public Works to Park Operations, including parks, planting beds,
flower beds, etc. A lot of progress has been made since then. Park Operations has made a
lot of changes to the level of maintenance. Along Meeker Street the planting beds were
re-designed with updated irrigation, corrected soil amendments and pedestrian-feel
changes were made.
The meeting adjourned at 6:30 p.m.
Submitted by,
TerGPe hole
Teri Petrole
City Council Committee Secretary
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PARKS, RECREATION AND COMMUNITY SERVICES
440
Jeff Watling, Director
K E N T Phone: 253-856-5100
WAS NG70N Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 17, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Merina Hanson, Human Services Planner
Katherin Johnson, Manager Housing and Human Services
THROUGH: Jeff Watling, Director
SUBJECT: Memo of Understanding with WESTAF for Online Grant Subscription
Service - Authorize
MOTION: Move to recommend authorizing the Mayor to sign the Memo of
Understanding for the City of Kent to represent local suburban cities in
managing the "Go Grants" online subscription services with Western States Arts
Federation.
SUMMARY: In 2010, the City of Kent joined with 18 cities to provide a common online
application for Human Service funding. At that time, this was provided through eCityGov.
During the funding cycle in 2010, staff determined there was numerous shortfalls with the
product offered through eCityGov and, in collaboration with the other cities, began a
search for a better product.
The vendor selected offered a superior project and a lower cost. However, due to the
timing, it was decided by all of the cities to have eCityGov contract with the vendor for
2011 and 2012. Because of the high administrative cost being charged by eCityGov the
cities determined it would be better to have the agreement between Westaff, the vendor,
and eCityGov transferred to one of the member cities. Kent volunteered to represent the
other cities. The cost savings for Kent will be over $5,000 annually.
The attached Memo of Understanding with the other participating jurisdictions describes
the mechanism Kent will use to invoice cities for the contracted services based on a
prescribed fee schedule.
EXHIBITS: Memo of Understanding
BUDGET IMPACTS: Already budgeted
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF KENT, AUBURN, BELLEVUE,
BOTHELL, BURIEN, COVINGTON, DES MOINES,
FEDERAL WAY, ISSAQUAH, KENMORE,
KIRKLAND, MERCER ISLAND, REDMOND,
RENTON, SAMMAMISH, SEATAC, SHORELINE,
TUKWILA, AND WOODINVILE FOR PLANNING,
FUNDING, AND IMPLEMENTATION OF A JOINT
HUMAN SERVICES APPLICATION AND FUNDING
PROGRAM.
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into pursuant
to Chapter 39,34 RCW by the Cities of Kent, Auburn, Bellevue, Bothell, Burien,
Covington, Des Moines, Federal Way, Issaquah, Kenmore, Kirkland, Mercer lsland,
Redmond, Renton, Sammamish, SeaTac, Shoreline, Tukwila, and Woodinville,
Washington hereinafter referred to as "Cities", to provide for planning, funding, and
implementation of a joint human services application and funding program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in King County; and
WHEREAS, through the Interlocal Cooperation Act, the Cities have the authority to
engage in cooperative efforts which result in more efficient use of Government resources;
and
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NOW THEREFORE, and in consideration of the terns, conditions and performances
made herein, it is agreed as follows:
1. Purpose of MOU: The purpose of this MOU is to facilitate the alliance of the 19
member Cities who independently provide funding to organizations to provide critically
needed human services in their communities, but jointly receive applications for grant
funding through one online grant subscription service and portal. The various human
service programs funded by the member cities include food security, housing and
homelessness prevention, health,mental health, youth services, and others.
2. Joint Participation.
a) Lead City. The City of Kent shall be the designated lead city ("Lead City").
The Lead City shall contract directly for and manage the online grants
subscription service with Western States Arts Federation ("Vendor"). The
other responsibilities of the Lead City are described in Section 4.
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b) Participating City. A Participating City is a City participating in the joint
online funding application portal, who is a party to this MOU, and who is not
a Lead City.
3. Funding Arrangement. The Lead City and each Participating City will jointly
participate in the costs to run the online grants subscription service. The allocation of
costs shall be based on population ranges of each city, as established by population
estimates made by the Office of Financial Management pursuant to RCW 43.62.030. The
initial allocation shall be as described in Exhibit A, attached and incorporated herein.
Any Participating City requesting a change in allocation may only do so by written
amendment to this MOU, in accordance with Section 12. Each Participating City shall
provide its annual financial contribution to the Lead City no later than thirty (30) days
after receiving invoice from the Lead City, pursuant to Section 4(a)below.
4. Responsibilities of Lead City. The Lead City has been designated to act as the
fiscal and administrative agent for the Participating Cities. The responsibilities of the
Lead City shall include the following:
a) Send an invoice to each Participating City by February 15th of each year for
their annual funding participation.
b) Contract with the Vendor, and manage the performance of the online grants
subscription service.
c) For each year after the first year of this agreement, provide a projected
estimate of the annual financial contribution to be made by each of the
Participating Cities no later than September 30«' of the preceding calendar
year in which the contribution is to be made.
d) Maintain accounts and records which properly reflect transactions related to
this MOU.
5. Duration. This MOU shall become effective when it is approved by a majority of
the Cities and shall remain in effect through December 31, 2013, with automatic
extensions annually, unless terminated as described in section 6.
6. Termination. Any City may terminate its participation in the MOU without cause
by giving the other Cities a thirty (30) day written notice. The terminating party shall
remain fully responsible for meeting its funding responsibilities and other obligations
established by this MOU through the end of the calendar year in which such notice is
given. If at any time termination of a City results in fewer than ten Cities remaining as
parties to this MOU, then this MOU shall automatically terminate after sixty (60) days
for all remaining Cities,provided that all Cities shall remain fully responsible for funding
responsibilities and other obligations established by this MOU through the end of the
calendar year in which such termination becomes effective.
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7. Notices. Notices to the Cities shall be sent to the following persons:
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city Contact
Auburn Michael Hursh,Advisor to the Mayo
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Bellevue Joseph Adriatic, Human Services GBothell Lynda Quinn, Sr. Administrative ABurien Lori Flemin ,Management Analyst
Covin on Victoria Throm,Human Services A
Des Moines Sue Padden, Senior Center Manager
Federal Way Jay Bennett, Community Services Manager
Issaquah Mark Hinthorne, Planning Director
Kenmore Leslie Harris, Public Information Officer
Kent Katherin Johnson, Human Services Manager
Kirkland Sharon Anderson, Human Services Coordinator
Mercer Island Cynthia Goodwin, Department of Youth and Family
Services Director
Redmond Brooke,Buckingham,Human Services Planner
Renton Karen Bergsvik,Human Services Manager
Sammamish Melonie Anderson, City Clerk
SeaTac Colleen Brandt-Schluter,Human Services Manager
Shoreline Rob Beem, Community Services Manager
Tukwila Evie Boyan, Human Services Manager
Woodinville Zach Schmitz,ManagementAnalyst
8. Indemnification.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of such City, the City's employees,
affiliated corporations, officers, and lower tier subcontractors in connection with this
MOU.
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other Cities.
This waiver is specifically negotiated by the parties and a portion of the City's payment
hereunder is expressly made the consideration for this waiver.
9. Insurance. Each City shall procure and maintain in full force throughout the
duration of the MOU comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self-insured cities, the City
shall provide proof of such membership in lieu of the insurance requirement above. Such
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Online Grant Funding Application MOU
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self insurance shall provide coverage equal to or greater that required of non-self
insurance pool member Cities.
10. Oversight Committee. This MOU shall be managed by an Oversight Committee
made up of six City representatives, as follows: one each from three member Cities from
South King County, and one each from three member Cities in East King County, to be
designated by the Lead City. The representative of each City shall be that person
designated in section 7 of this MOU. The Oversight Committee shall meet at least
annually to discuss the terms of the MOU and request any changes to the services
provided pursuant to the MOU.
11. Applicable Law; Venue; Attorney's Fees. This MOU shall be governed by and
construed in accordance with the laws of the Stale of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this MOU, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its attorney's fees
and costs of suit.
12. Amendments. This MOU may be amended, altered, changed or extended in any
manner by the mutual written consent of all member Cities.
13. Counterparts. This document may be executed by facsimile or electronic mail in
any number of current parts and signature pages hereof with the same effect as if all
parties had all signed the same document. All counterparts, each one which shall be
considered an original,together constitute one and the same instrument.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of 12013.
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CITY OF AUBURN
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF BELLEVUE
By:
Approved As To Form:
Title:
Date: City Attorney
CITY OF BOTHELL
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF BURIEN
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By: Approved As To Form:
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Title:
City Attorney
Date:
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CITY OF COVINGTON
Approved As To Form:
By:
Title: City Attorney
Date:
CITY OF DES MOINES
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF FEDERAL WAY
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF ISSAQUAH
By: Approved As To Form: 1
Title:
City Attorney
Date:
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CITY OF KENMORE
Approved As To Form:
By:
Title: City Attorney
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Date: }
CITY OF KENT
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF KIRKLAND
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF MERCER ISLAND
By: Approved As To Form:
Title:
City Attorney
Date:
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CITY OF REDMOND
Approved As To Form:
By:
Title: City Attorney
Date:
CITY OF RENTON
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By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF SAMMAMISH
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF SEATAC
By: Approved As To Form:
Title:
City Attorney
Date:
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CITY OF SHORELINE
Approved As To Form:
By:
Title: City Attorney
Date:
CITY OF TUKWILA
By: Approved As To Form:
Title:
City Attorney
Date:
CITY OF WOODINVILLE
By: Approved As To Form:
Title:
City Attorney
Date:
PACiNl\Fi1es\0pen Files\0733-12 Human SeMce MCItyOnllneGrsntMOU DAG Final.do
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Online Grant Funding Application MOU
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Exhibit A
Fee Schedule
City 2013 Fee Population
Auburn $750.00 63390
Bellevue $1,000.00 124,600
Bothell $500,00 17,280
Burien $500.00 47,730
Covington $ :0.0
17,760
Des Moines $ 29,700
Federal Way 89,460-
Issaquah 31,150
Kenmore 21,020
Kent $1, 119,100
Kirkland $750.00 81,480
Mercer Island $500.00 23,154
Redmond $750.00 55,3601
Renton $1,000,00 93,910 .
Sammamish $500.00 47,420 '
SeaTac $500.00 27,210
Shoreline $750.00 53,270
Tukwilla $500.00 19,080
Woodinville $500.00 10,960
$12,250.00
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Population Fee
0-50000 $500.00
50000-90000 $750.00
90000+ $1,000.00
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PARKS, RECREATION AND COMMUNITY SERVICES
KENT Jeff Watling, Director
WASHINGTON Phone: 253-856-5100
Fax: 253-856-6050
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 17, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Merina Hanson, Human Services Sr. Planner
Katherin Johnson, Manager of Housing and Human Services
THROUGH: Jeff Watling, Director Parks, Recreation and Community Services
SUBJECT: Addendum to "Go Grants" Online Subscription Service
Agreement - Authorize
MOTION: Move to recommend authorizing the Mayor to sign the addendum
to the "Go Grants" Online Subscription Service Agreement to transfer
contract management to the City of Kent.
SUMMARY: In 2010, the City of Kent joined with 18 cities as the Human Services
Funders Collaboration to provide a common online application for human service
funding. At that time this was provided through eCityGov. During the funding cycle
in 2010, staff determined there were numerous shortfalls with the product offered
through eCityGov and in collaboration with the other cities began a search for a
better product.
The vendor selected offered a superior project and a lower cost. The cost savings
for Kent will be over $5,000 annually. However due to the timing it was decided by
all of the cities to have eCityGov contract with the vendor for 2011 and 2012. Due
to the high administrative cost being charged by eCityGov the cities determined it
would be better to have the agreement between Westaff, the vendor, and eCityGov
transferred to one of the member cities. Kent volunteered to hold the contract.
The attached agreement amendment transfers the contract between Westaff and
Bellevue/eCityGov to the city of Kent. The other participating cities will pay their
portion of the fees to Kent on an annual basis. The fee structure is based on the
size of the city.
EXHIBITS: Amendment to Go Grants Agreement
BUDGET IMPACTS: None, already budgeted
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grants online
organ;zation without limits
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ADDENDUM to GOT : GRANTS ONLINE SUBSCRIPTION SERVICE AGREEMENT
The following Addendum to the Service Agreement specified above is in reference to the
contract dated 01/06/2012, between the Western States Arts Federation (WESTAF) and the
eCityGov Alliance (Client).
In regard to the above mentioned contract, WESTAF hereby authorizes, and the undersigned
parties hereby agree to, the following changes outlined below:
1. The City of Kent shall assume responsibility for managing the above mentioned contract.
2. Management of the above mentioned contract shall be at the current rate, as outlined in
Appendix No. 4: GOTM Service Renewal Agreement.
3. The City of Kent shall assume responsibility for any outstanding payments due to
WESTAF by Client, according to Appendix No. : GOTM Service Fees and Rate Schedule
and Appendix No. 4: GOTM Service Renewal Agreement.
No other terms or conditions of the above mentioned contract shall be negated or changed as a
result of this Addendum.
In witness whereof, each party has caused this document to be executed by its duly authorized
representative.
Signaturq
Print Name �7 �h Date
Signature
Print Name Date
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GOTM:GRANTS ONLINE SUBSCRIPTION SERVICE AGREEMENT
THIS GOTM;Grants Online subscription Service Agreement(Agreement)is between the
Western States Arts Federation,a Colorado nonprofit corporation(:WEST'AF),and the eCUyGov
Alliance,an Iderlocal Agency formed under the Washington state Inierloccii Cooperation Act,
Chapter 39.34 RCW(Client), The Client subscribes to the GOTM service from,WESTAF and WESTAF
agrees to provide the GOTM service to the Client upon:the terms and conditions of this
Agreement,as follows:
DEFINITIONS:
Unless another meaning is given of apparent,and whether or not capitalization is used,the
following definitions apply to this Agreement:
"Client data"means the data ihdt the GOTM service collects from the client and Its users
and includes texttnputtedle complete grant applications ideflned below as text data)and
digital media,such as Images,audio.video and document flies,uploaded by grant applicants
through the GOTm service(defined below as media dotal. The Client owns all client data.
"Cycle" means the period of time,defined by the opening and closing dates,
during which form sets for n grant are accepted by the Client,e,g„annual grants would have
one cycle per year and quarterly grants would have four cycles per year, A grant's cycle
generally will have only one opening and one closing date,
"Fees and rate schedule"means the schedule of fees,fee parameters and rates,
including the set-up fee,subscription fee,additional module pnd options fees,technical
assistance rates and other fees,related to the use of the GOTM service which is attached to this
Agreement as Appendix No.3 ond'made a part of this Agreement.
"Form"means a set of questions on a single web page,e.g.,applicant's contact j
information or the proposed grant budget,as defined by and created within the GOTM software.
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"Farm set"means one or more forms to be managed together,e.g.,an application for
an artist fellowship or an Interim report,.
The"GOr^+service"or"service"means the online grant application and management
service which is available exclusively through the website. The GOTM service accepts grant
applications and associated digital images and other data from persons applying for grants and
holds and manages the application and associated data in an Interactive data base,Grant
sponsors can use the GOTM service to accept and manage grant applications with associated
data for the purposes of administering grants online; The functionality of the GOTM service Is
made available through online modules,of the GOTM'software,a browserinferface and data
encryption,transmission,access and storage functions and facllftles.
"GOTM software"or"software"means the web based software owned by WESTAF and
which is available exclusively through the website as part of the GOT"'service,
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"Grant"refers to a single competitive grant sponsored by the Client and forwhlch o
stogie applicailon Is developed through the GOTM Service using a form set, A grant may hove
multiple cycles,but a grant with multiple cycles Is nevertheless a single grant.
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"Media dato"means digital media,including,but not limited to,Images and audio,
video and document (such as PPP,Ward or Excel)files,uploaded by,gront applicants through
the GOT'^service as part of their grantapplicatloni.
"Online"means,In relation to the GOT'"service,a fotmat that is accessed using a web ',,
browser over itle.internet through the webslte,
"Program"means,in relation to the Go*M service, a container for grouping one or more
related grant types together,
"Query"means,In relation to the GOTm service,a search that retrieves Client data based
on selected search criteria.
"Report"means,in relation to the GOTe^service,the process of exporting client data to
produce a report or document.For example,an award letter,a panel book,a mail merge or
grant contract are each considered reports.
"Rule"means the creation of a conditional action consisting of triggers,conditions and.
actions,otherwise known as a predicate,that provides for the Implementation of business rules
by the Client within the GOTM service.
"Set-up fee"means the fee for the implementation of and training for the Goo 'service
for the Client's grants to be administered through the GOTM service during the first subscription
period. Those implementation and training services are described in more.detail in section 4 of
this Agreement.
"Standard terms and conditions"means the standard terms and conditions for the GOTM
service which are attached to this Agreement as Appendix No.1 and made a part of this '
Agreement.
"subscribe"means to agree to acquire the right to access and use a web based service
or software application.
"Subscription"means the Client's right to access and use the GOTM service,
"Subscription fee"means the fee payable by the Client to WESTAF for the Client's
subscription during each subscription period,
"Subscription period"means the one year period fallowing the date of WESTAF's
acceptance of this Agreement,except after the first subscription period expires,then
subscription period means the one year period after the effective date of any renewal of the
Client's subscription under this Agreement,or any one year period later agreed to by the parties
based on fiscal year or other considerations,
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"Text Data"means text Inputted through the GOTM sevice to complete grant
applications through forms and form sets.
"User"means the Client's personnel who access the administrative(hack end)portions
of the GOTM service and applicants.applying far grants through the GOT^?service, i
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"Website" means the GOTM branded Internet website owned and hosted by WESTAF
which will be Identified by c specific URL address and made available to Client by WESTAF as
part of the setup services.
"Work sample module"means the module of the GOTm software that adds the
functionality of allowing grant applicants to'upload digital media,including,but not Ilmifed to,
Images and audio,video and document(such as PDF,Word or Excel)files(defined above as
media data). The GOTM service does not allow applicants to upload media data without the
-work sample module.
1, SUBSCRIPTON:
The Client subscribes to the GOTM service from WESTAF and WESTAF agrees to provide the Client
with access to the GOTM service solely for use with grants administered by the Client for Its own
account,and not for the account of others,upon the forms of this Agreement. As used In this
section 1,"grants administered by the Client"means those grants administered by the unit or
subdivision of the Client that Is Identified in the Introductory paragraph of this Agreement,and
further defined In AppendlX 9.
2. SUBSCRIPTION PERIOD;RENEWAL SUBSCRIPTION PERIODS:
a. Initial Subscription Period. Subscriptions are for a one(1)year period (defined
above as a subscrption period), The initial subscription period will begin upon the date WESTAF
accepts this Agreement as Indicated by its execution of this Agreement-
b, Renewal Agreement: After the expiration of the Initial subscription period or any
subsequent subscription period under this Agreement,WESTAIF and the Client may renew the
subscription provided for under,this Agreement for on additlonal subscription period by entering
into a written renewal agreement(renewal agreement). A renewal agreement may modi-ty "
pricing,fees and other terms as mutually agreed to by WESTAF and the Client.
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C. other Renewals. The Client's continued use of the GOT"'service after the
expiration of a subscripflon period shall be deemed to renew the subscription under this
Agreement for an additional subscription period. The renewed subscription period shall
Immediately follow the expiration of the ihen-expired subscription period.The renewed
subscription period shall be upon the same terms and conditions as the then-expired
subscription period,except either party may terminate a subscription period that is riot made by.
written renewal agreement upon thirty (30)days notice to the other party.
31 FEES AND PRICING;ADDITIONAL MODULES: !i
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a. Set-up and Subscription Fees. The set-up and subscription fees for the Initial
subscription period are In the amounts set forth in section I of the fees and rate schedule
(Appendix No.3)and are due thirty(30)days after the star t of the initial subscriptlon period.
Subscription fees for subsequent subscription periods are due upon the commencement of
each subscription period,
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b. Invoicing. WESTAF will provide Invoices to the Client forsubscriptlon fees and
any agreed set-up fees but that invoicing does not delay the due date for the payment of any
fees due to WESTAF, j
C. Pee Factors. The Initial set-up fee and subscription fees are determined based
on an agreed level of the Client's anticipated use of the GOTM service during the Initial
subscription period for each category of the use factors set forth in section II of the fees and rate
schedule(the Cifent's.use.parameters), The Client's level of use of the GOTM service is a function
of use within the fallowing categories In any subscription period:(1)the number of programs end
grants to be administered through the GOTM service, (it)the total number of users,(if)the
number of cycles,forms,saved queries,reports,and rules used,created or generated,and (iv)
the dumber of electronic mall messages sent through the GOTM service(use factors).
d. Client's Use Parameters•,Initial and Subsequent Subscription Periods. The
Client's subscription during the inflial subscription period is the rlght to use the GOTM service for a
fixed fee and without regard to the Client's actual level of usage of the GOTM service. After the
Initial subscription period,if.WESTAF and the.Client enter into a renewal agreement,then for
each subscription period after the Initial subscription period,the Client's subscription will be the
right to use the GOTM service up to the maximum limit of each category of the use factors set
forth as the Client's use parameters In section II of the fees and rate schedule. WESTAF shalt
have the right and the Client agrees that WESTAFshail have the right to monitor the level of
Client's use of the GOTM service.Additionally,as provided for in section 4a of this Agreement,
the GOTM service has the Functionality to provide the Client with notices when the Client's usage
approaches the limits of the Client's use.parometers to assist the Client in monitoring and . .
controlling the level of its use of the GOTM service.
e. Work Sample-Modules.
(1) Work Sample Module Fee. The GOTM service and the Client's
subscription do not Include the ablilly of users to upload media data unless the work Semple
module is included as noted In section III,part A of the fees and rate schedule. If the work
sample module is included as part of the Client's subscription,then the Client will Incur an
additional fee for the Initial subscription period as determined by section Ill,part A of the fees
and rate schedule and for all subsequent subscription periods during which the GOTM service
stores the Client's media daia as determined by section III,part B of the fees and rate schedule
(work sample module fee),
(11) Determination of Fee for Subsequent Subscription Periods. After the initial
subscription period,the work sample module fee is determined based on the number of users
Included In the Client's use parameters for the current subscription period and the number of
users from all prior subscription periods,determined by application of section III,part U of the
fees and rate schedule,
(Ill) Payment of Work Sample Module Fees. Work sample module fees for a
particular subscription period are due at the same time the subscription fee is due for that
subscription period.
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I. Adjustment of Fees, The setup fee and subscription fees are fixed for the initial
subscription period. If the parties enter into a renewal agreement to extend the subscription for
subsequent subscription periods,then WESTAF will require on adjustment of fees,or termination
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of the subscription,If the Client's level of use of the GOTM service exceeds its Client use
Parameters during any subscription period. The form of written renewal agreement that will be,
offered by WESTAF is attached to this Agreement as Appendix No.4 whlch is subject to price
adjustment so that if will reflect WESTAF's currently applicable pricing struciure.
g. Enhanced Reporting Module.Any time during a subscription period,by request to
WESTAF and payment of the fee identified In section IV of the fees and rate schedule,the client
may purchase an enhanced.reporting module or modules which will permit the Client to
generate additional reports through the GQTm service withoutincurring any increase in the set-
up fee and/or the subscription fee. If Client has purchased on enhanced reporting modules)
during any subscription period,then the number of reports included In the enhanced reporting
module will be added to the number of reports Included In the Client's use parameters for that
subscription period.
h, Support Fees,
(1) Standard Technical Suppart, WESTAF technical support as defined In
section b of this Agreement Is included in the subscription fee for each subscription period
(standard technical support).
(it) Nan-Standard Technical Support;Rates. Technical support not
Included within standard technical support will be provided at the Client's request as scheduled -
between WESTAF and Client at WESTAF's then-standard rates and terms. WESTAF's current '..
standard rates for services are as set forth In section VII of the fees and rates schedule. Examples
of support not included in standard technical support are any orn-site technical support and all
assistance to the Client in Its use and operation of the GOTM service beyond those services '..
Included as part of the set-up services(as defined In section 4 of this Agreement).
I. Sales and Use Tax. ' WESTAF is responsible for all sales,use,excise and any other
tax assessed or tmposed on the license and other transaction(s)consummated under this
Agreement. If Client Is a non-profit or governmental entity not subject to or exempt from paying
sales,use and other transactional taxes,Client shall provide reasonable documentary proof of
that status to WESATF within fifteen (15)days of a request for that Information.
4. SET-UP SERVICES AND TRAINING;
WESTAF will provide the services described In this Section 4 as port of the Client's set-up fee(the
set-up services);
Cl. Set-up, WESTAF will assist the Client In the conversion of the Client's existing '...
grant programs,as idenfllled on attached Appendix No.2 which is made a port of this
Agreement,and the Implementation of the GOTM service so that applicants can apply for the
Client's existing grant programs and those programs can be administered through the GOTM
service,WESTAF will do the following In cooperation with the Client to assist the Client's
conversion to and Implementation of the GOT"'service;input Into the GOTM service all required
data defining the grants and grant cycles;create all necessary forms to collect data to meet
the Client's criteria for each grant;develop reports to meet the Client's program requirements'
for panel review,award letters,award contracts,and applicant,panel and grantee
communication and reporting needs;and design and implement custom rules for the review,
allocation and processing of the Cilent's grant awards. Additionally,WESTAF will assist the Client
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in setting alerts and the timing and frequency of notices to be sent to the Client from the GOTr^
service concerning the level of the Client's use of the GOT"'service.
b, Tratning. WESTAFwIII provide training to the number of staff persons and for
the number of hours set forth in sectlon,V of the fee and rates schedule, Training may be
provided Individually or in group session[s] and may or may not include representatives of other
clients, Training shall be by telephone,online teleconferencing,interactive webinars or any
combination of them as determined by WESTAF. In person training at WESTAF's Denver,
Colorado site or the Cllani's site Is not Included In the set-up'fee.Iput can be arranged of on
addditional expense to the Client at times scheduled with WESTAF.
c, Client'3 Consiltuents. WESTAF Is not responsible for communicating to the Client's
constituents about the Client's transition to an online format,nor is WESTAF responsible for
training the Client's constituents on the use at the GOTM service.
d. Addlfional Services. After the launch of the Go*^+service,WESTAF Is available
to provide additional services to modify the form sets for the client's existing grant programs and
to design and build form sets for any additional grant programs the Client may later offer
through the GOTM service at WESTAF's then-current service rates as set forth in section VII of the
fees and rate schedule.
6. STANDARD TECHNICAL SUPPORT: li
The services described in this Section 5 define WESTAF's obligation to provide standard technical
support,
a, Technical Support to client's Staff. WESTAF will provide telephone phone and
email based support to the Client's staff members on the use of the GOTn'service of up to Iwo
(2)hours of WESTAF's staff time per grant during the initial cycle of each grant during the initial
subscription period and In any subsequent subsc iption period for grants that are added to the
GOV service during that subscription period, C
b, Technical Support to Client's Grant Applicants. WESTAF will provide
telephone and email based technical support for Client's grant applicants during the Initial
cycle of each grant during the initial subscription period. WESTAF's technical support to Client's
grant appllcanis shall only be available when Client's sfoff cannot answer an applicant's
technical question and to assist with the following applicant data Issues:lost data;cached data;
cookies;temporary files;and Internet and browser-related Issues.
C. Clarification of Party's Roles In Assisting Grant Applicants. WESTAF's responsibility `
for technical support to the Client's grant applicants Is limited as provided in subsection b.of this
section 5. Client is responsible for assisting its grant applicants with each of the following:
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(i) Items related to programmatic elements of the grant appllcollon;
(it) Grant eligibility and policy Issues;
(lit) Specific questions and answers relating to the application form,which
may include inquiries regarding the purpose of the question,eta,;
tiv) Basic navigation Issues related to the GOW service and webslte;
(v) Creating e-mgli accounts and downloading Adobe Acrobat Reader or
other software for proper display of grant applications;
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ivi) Assisting with wername and password crealion and retrieval;
Ivll) Uploading media data and converting data for uploading es media data
Into the GOT"service:and
ivil) 'Providing the first response to technical'questions relating to the GOTM
service and answering those that fall within staff members' abilities.
Accordingly,Client shall direct grant applicants to WESTAF only on an individual case basis after
the client's staff has attempted to provide the grant applicant with requested lechnical support
and did hot succeed in resolving the grant applicant's concern. WESTAF's contact information
shall not be published by the Client and shall not be generally available through the GOTM
service. WESTAF Is not responsible for answering programmatic grant questions posed by the
Client's grant applleanis and applicants with those questions will be redirected to the Client's
staff,
d. Hours when Technical Support is Available, Technical support Is offered by
telephone or emall between the hours of 8:30 AM and 5:00 PM in Denver,Colorado,USA,
Monday through Friday,excluding holidays(to Include all federal holidays and no more than
four additional holiday days per year as designated by WESTAF). Colorado observes Daylight
Savings Time as defined by federal law,After-hours technical support for the Client can be
scheduled on a case by case basis and must be reserved In advance.-After.-hours technical
support will be charged to the Client at WESTAF's then-current rates as set forth In section VII of
the fees and rate schedule.
6. LAUNCH'DATE:.
Q. Launch Date, WESTAF's set-up services will be provided to the Client in time to '..
meet the Client's anticipated launch of the GOTM service by the date Identified In section VI of
the fees and role schedule (launch date),provided the Client's cooperaflon is given, As used
on this Agreement,the launch of the GOTm service means the time at which the GOW service is
available for use by the public to submit grant applications to the Client.
b.• Client's Cooperation, The Client and its agency or subdivision whose grants will '..
be administered through the GOTM service shall cooperate with WESTAF's provision of set-up
services,including,but not limited to,with WESTAF's requests to schedule training, its requests for
Information and Ifs requests for feedback and approval of tasks completed by WESTAF as part of
the set-up services. As a general operating principle,unless it Is unreasonable in application to
particular circumstances,the Client's response 4o WESTAF's requests for Information,review or
approval will be made or given by the third day after WESTAPs request,except a request to
review or approve a task that was corrected or modified after the Client's prior review or
approval or rejection should.be made by the first day after WESTAF's request. If fhe Client does
not approve a completed task,then the Client,within the time to give approval,shall Indicate its
non-approval and provide WESTAF vdth its comments on why approval was not given and what
should be done to gain approval. As used In this subsection,a day Is a day ihat the Client's
agency or subdivision whose grants will be administered through the GOW service is open for
business.
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c. Delays In Launch Date.
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fi) Within the flrstthlrty(30)days following the start of the Initial subscription
period,WESTAF may propose a revised launch date to the Client. If the client accepts the i
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revised launch date, then ihoi revised date shall be the launch dote. If the Client does not
accept the revised launch date and the parties are unableto agree on any other revised
launch date,then this Agreement and the subscription shall terminate and any subscription,set-
up and work module sample fees and any foes.for enhanced reporting modules paid by the
Client io WESTAF with respect to the Initial subscription period shall be Immediately refunded by
WESTAF to the Client.
[iI) The launch date will be extended for a reasonable period of time for any
delays In WESTAP's ability to complete set-up services caused by the Client's delays or failure to
cooperate with WESTAF as required under subsection In,of this section 6,
fill) If the GOT'"service is not ready to launch on or within thirty(30)calendar
days offer the launch date and such failute is the result of WESTAF's fault in falling to complete
set-up services in iime,then the Client shall have the right to terminate this Agreement and the
subscription and receive back,as its sole remedy;any subscription,set-up and work module
sample fees and any fees for enhanced reporting modules paid to WESTAF under this
Agreement, Except for the obligaflori in the preceding sentence to return fees to the Client
pold to it under this Agreemeni,WESTAF shall have no Ilabllify if the GOTm service Is not ready to
launch by the launch date.
7. SECURITY PEATURES:
The GOTm service is compliant with and WESTAF will maintain compliance of the GOTM service
with Payment Card Industry Data Security Standards as published by PCI Security Standards
Council,LLC fhttps://www.pcisecuritystandards,org/). WESTAF's obligations under this section 7
are referred to In this Agreement as the"security obligations."
9. SYSTEM SUPPORT R WUIREMENTS:
In order to properly utilize the GOTM service,the Client must have computers with access to the
world wide web and have available a current operating system and a compatible Internet
browser, The responsiveness and availability of features or the convenience of using certain
features of the GOTM service is dependent on the user's computer,operating system and
Internet browser and may vary. The Client is responsible for providing its own computers and j
access to the worldwide web.
9. DATA AND INTELLECTUAL PROPERTY OWNERSHIP:
a. Data ownership;Post�Terminatlon Access for Downloading.The Client owns the
data that the GOTm service collects from the Client and Its users(defined in this Agreement as
client data). Upon the termination of the Client's subscription or the termination of a
subscription period wfthouf a renewal for a subsequent subscription period(o termination), then
for the thirty(30)calendar day period following termination,all client data maintained on the
GOT"'service will be available to the Client to download from the GOTM service and thereafter
all client data may be deleted from the GOTM service by WESTAF. Deleted client doia will no
longer available to WESTAF or the Client. No additional fees or charges will be imposed by
WESTAF for the Client's post iermination thirty(30)day period of accessibility to the GOT"^service
and Its use to download its client data.
b. Archivigg.ond Deletion of Client Data.
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(i) WESTAFwill maintain all text datd Inputted by the Client's giant applicants
during the current and d11 pilaf subscription periods so long as the Client has continually
maintained its subscription to the GOTM service. WESTAF will maintain text data for the thirty (301
calendar day period following'terminatlon and,thereafter,may delete text data from the GOTr
service.
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(it) WESTAF will malnfiain media data for the current*and all prior subscription
periods so long as the Client has contlnuous)y maintained its subsarlption to the GOTM service
and has continuously paid the required work sarnple module fee, WESTAF shall maintain media
data for the thirty (30)calendar day period following termination and,thereafter,may delete
media data from the GOTMservice. It termination has not occurred,but the Client elects not to
or falls to pay the work sample module fee, then WESTAF will maintain the media data for thirty
(30) days following written notice te,the Client that media data will be deleted for non-payment
of work sample module fees and,thereafter,may delete media data from the GOTn'service,
c. Purging of Client Data by the client. The Client shall have the right,at its own
expense,to download and to purge(by delellon)any portion of Its client data at any time. To
the extent the Client requests WESTAF's assistance in purging Its client data,then WESTAF shall
provide such assistance upon the Client paying WESTA'F's costs incurred,including actual third
party and internal staff costs with staff costs determined at the rates set forth in section VII ot'the
fees andrate schedule.
d. GOT Servlee.Intellectual.Property. WESTAF owns and shall maintain all right,
title,copyright,and other proprietary rights In the GOT^+service aid software,including,but not
limited to,the browser interface and dataencryptlon,transmMlon,access and storage features
and facilities and the online modules.of the GOTm software available through the website and
the website Itself and Its URL address(es). The Client does not acquire any rights,express or
Implied,in the GOTM service and software orlhe website and Its URL address(esl other than the -
subscription expressly provided for in this Agreement.Rights in the GOTMservfce and software,
including, but not limited to the website and its URL address(es),not expressly granted to the
Client under this Agreement remain in or with WESTAF: '
10. INFRINGEMENT WARRANTY AND INDEMNIFICATION:
a. Warranty. WESTAF hereby represents and Warrants that it has the requisite ',
ownership,rights and licenses to perform its obligations under this Agreement fully as
contemplated hereby and to grant to the Client all rights with respect to the GOT"^service free
and clear from any and all Ilens,adverse claims,encumbrances and interests of any third party,
except for(i)proprietary and privacy rights of thlyd parties In inedlo data and any other content
uploaded by any user orthird party into the GOTM service and(11)Interests related to privacy In
any respect(the righNwntranty).
b. Indemnification. WESTAF will indemnify,defend and hold the Client harmless
from and against any claims,losses,damages,liabilities or expenses(Including reasonable
attorneys'fees and expenses)arising out of or resulting from any third party claim that the GOTM
service infringes,misappropriates or violates any United States patent Issued as of the date
hereof,copyright,trademark,trade secret or other Intellectual or proprietary right of any third
party,to the exientsuch third party claim arises out of a breach of the rights warranty(the
indemnification obligation). WESTAF'=indemnification obligation does not include any
GO Contract Final
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obligation to indemnify,defend or protect against: (i)Infringement or other claims arising from
any media data or other content uploaded into the GGTM service by any user or third party; (11)
any claim to the extent it arises from the Client's use of the GOTM service contrary to the terms of
this Agreement;or(tit)any invasion of privacy claims. AlLclaims for whit))WESTAF has an
obligation to indemnify,defend and hold the Client harmless underthls paragraph are referred
to In this Agreement as a"covered claim".
C. Conditlons.lo Indemnity ObligcHon, WESTAF's Indemnification obligation Is
conditioned on the Client providing timely written notice of any covered claim or threatened
covered claim to WESTAF and cooperating with WESTAF In the defense of the covered claim.
WESTAF shall be excused from any indemhiflcatlon obligation to the extent either the Client's
failure to provide written notice to WESTAF within a reasonable time of the Client having notice '
of the covered claim or the client's failure to cooperate With the defense of the covered claim
prejudices the ability of WESTAF to defend the covered claim.WESTAFShall have the right to
control the investigation,defense and settlement of all covered claims and may settle.covered
claims without the Client's consent provided such settlement does not require any affirmative
obligation on the part of the Client.
a. Exclusive Remedies. If an injunction or order IS obtained against the Client's use
of the GO"'service by reason of a covered claim;cr'rf in WESTAF's opinion,the GOTM service is
likely to become the subject of such a claim,then WESTAF shall at Its expense and as the Client's
sole remedy; (a)do one of the following:(I)procure for the client the right to continue using the
G01'"service; (1t)modify or replace the GOT^'service with compatible,functionally equivalent
software and services that are not subject to any such cialmf or(fit)terminate he'cllent's
subscription without Ilabilliy to the Client,except to refund any unused portion of the subscription
fee for the current subscription period,and(b)indemnify.,defend and hold harmless the Client
for all covered claims.
e. Survivni. WESTAPs Indemnification obligation shall survive the expiration or
termination of this Agreement.
11. BREACH OF SECURITY OBLIGATIONS:
In the event WESTAF breaches its security obligations,WESTAF's liability with respect to such a
breach shall be limited to and the Client's sole remedy shall be the following:(a)WESTAF shall
defend the Client against any third party claims arising out of and proximately caused by any
breach of WESTAF's security obligation to the extent such a defense is actually covered by any
policy of Insurance in effect for WESTAF's benefit with respect to the breach orthe losses caused
by the breach of the security obligation,and (b)WESTAF shall Indemnify and hold harmless the
Client from all damages(other than consequential and indirect damages),including claims by
third party claimants,arising from the breach of the security obligation to the extent such
damages are actually covered by any policy of insurance in effect for WESTAF's benefit with
respect to the breach or the losses caused by the breach of the security obligation, The parties
Intend that WESTAF's obligations and Client's rights under this section I are limited solely to
amounts actually available under policies of liability insurance maintained by WESTAF.
12. LATE PAYMENTS;EFFECT ON GOTM SERVICE:
I i
Fees and other charges due from the Client to WESTAF which ate not paid within thirty(30)
calendar days of the date due shall bear interest at twelve percent(12%) per dnnum until paid,
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The Client shall pay all costs of collection of any fees and other charges due from the client to
WESTAF under this Agreement,Including WESTAF's reasonable attorney's fees. the GOTM service
wlll not be available to the Client or the Client's users at any time the Client Is more than thirty
j30)calendar days in arrears In the payment to WESTAF of any fees'er ether charges due under
this Agreement.
13. APPENDICES:
THE CLIENT ACKNOWLEDGES THAT APPENDIX NOS, 1, 2, 3 AND 4 TO THIS AGREEMENT
CONTAIN ADDITIONAL TERMS AND CONDITIONS WHICH MATERIALLY AFFECT THE RIGHTS
AND OBLIGATIONS OF THE CLIENT AND WESTAF.
14, MISCELLANEOUS PROVISIONS;
a. Modifications;Waivers. No text or informailon set forth on the Client's purchosa
orders,on preprinted forms or on documents,emails or attachments transmitting any
acceptance of or signature to this Agreement shall add to or vary the terms and conditions of
this Agreement.Except as otherwise expressly provided for in this Agreement,this Agreement
May be amended and observance of any provision of this Agreement may be waived (either
generally or In any instance,retroactively or prospectively)only upon written consent of the
parties. Waivers and amendments shall be effective only if in writing and signed by the party or
parties sought to be charged or bound by the waiver or amendment. The'fatlure of a party to
enforce any right under or provision of this Agreement In one Instance shall not be'a waiver of
any future right of application of such provision,nor shall it constitute a waiver of such right or
provision unless acknowledged and agreed to in writing,
b. Governing Law. If the client Is a governmental entity or agency,then this.
Agreement shall be governed by and construed under the substantive laws(that is,without
regard to conflict of laws provisions)of the state In which the Client Is located, If the Client Is not
a governmental entiy or agency,than this Agreement shall be governed by and construed
under the substantive laws of the state from which the majority of the Client's personnel
administer grants through the GOTM service. '...
C. Jurisdiction. If the Client Is a governmental entity or agency,then jurisdiction
for any suit under this Agreement or otherwise relating to the GOT" service shall be exclusively in
the state whose substantive law governs this Agreement as determined under subsection b,of
this section. if the Client is not a governmental entity or agency,then jurisdleilon for any suit
under this Agreement or otherwise relating to the GOTM service shall be In both the state of
Colorado and the state whose substantive low governs this Agreement as determined under f _
subsection b.of this section. Venue shall be as determined by the procedural low of the state in
which suit is brought.
d. Compliance with Law. Each party shall In all material respects comply with all
applicable lows and regulations which apply to any aspect of its execution,performance,non-
performance and/or enforcement of this Agreement,
e. Headings. Headings and captions are for convenience only and are not to
be used in the interpretation of this Agreement,
GO Contract Final
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I. Notices. Notices under this Agreement shall be sufficient only if personally
delivered,delivered by a major commercial overnight delivery courier service with tracking
capabilities(such as Federal[Express,DHL or UPS) ormalled by certified or registered United
States mail,postage prepaid and return receipt requested to a party at Its addresses provided
for in this Agreement or as amended by notice pursuant to this Agreement. Notice.by mail shall
be deemed received three(3) days after deposit In the U.S.malls. Notice to WESTAF shall be at
the following address or at such other address as WESTAF may designate by notice under this
Agreement;
Western States Arts Federation -
Atm,:Director of Technology
1743 Wazee Street,Suite 300
Denver,CO 80202
Notice to the Client shall be the address provided by the Client following Its signature to this
Agreement orat such other address as the Client may designate by notice uhderthts
Agreement.
g. Complete Agreement. This Agreement includes file Appendices,attachments
and other documents referred to as being incorporated into this Agreement and supersedes all
proposals,oral orwriften,all negotiations,memoranda of understanding,letters of intent;
conversations;Or discussions between or among the parties relating to the subject matter of this
Agreement. '
h. Invalid Provisions. If any provision of this Agreement is held by a court of
competentlurlsdictlon to be illegal,invalid or unenforceable,then that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement shall otherwise rernain In
full force and effect and enforceable.
1. Force Majeure. Neither party will be liable for any delay in performing or for
tailing to perform obligatlens resulting from acts of God;Inclement weather;fire;explosions;
floods;or riots or civil disturbances.
j. No Third Parly Beneficiaries. Ills expressly understood and agreed that
enforcement of the terms and conditions of this Agreement,and all rights of action relating to
such enforcement,shall be strictly reserved to WESTAF and the Client. Nothing contained in this
Agreement shall give or allow any claim or right of action by any third person,including but not
limited to users and subcontractors.If Is the express intention of WESTAF and the Client that any '
person other than WESTAF and the Client receiving services or benerlts under this Agreement
shall be deemed to be an incidental beneficiary only.
k. Relationship of the Parties. No joint venture,partnership,employment,or
agency relailonship exists between WESTAF and the Client as a result of this Agreement or
WESTAF's provision of or'the Client's use of the GOTm service, Neither party has the right or
authority to bind the other party to any contractual or other obligation.
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Signed by the parties to be effective upon the lost date both parries have signed this
Agreement.
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t r� f r i4 5 Federation e_�.,�� ��V K�� Western States Art F _
Client Contractor �J
Print�NJ ame Print Nome li
A orized Signature Authorfz d slgna are
L Ce we, f7iNc or -
Title Title
Date Date
AGENCY CONTACT INFO WESTAF
1743 Wozee Sireet,SuRe 300
Denver,CO 80202 I
f3c 1 I.__ t V cr (,_f A YR Uo9 •'Tal e Tel:(303)629-1166 Fax:(303)629-9717 i
i
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APPENDIX NO. i materials, including digital Images, through
the GOTM service.
Standard Terms and Conditions for GOTM I 1 -
Service Restrictions
Your right to access and use the GOT^
These Standard Terms and Conditions (these service, GOT^' content and website are
jeans) are attached to and made a part of limited, You are permlfted to use-the GOTM
the foregoing GOTM; Grants Online service, GOTTa content and the website to
Subscription Service Agreement (the GOTM store, manipulate, analyze,, print, .and
Subscription Agreement) between WESTAF display the GOT"" content only,for Your own
and the person identified as the Client In the Internal business purposes and use solely for
GOT"+ Subscription Agreement (sometimes the purpose of administering grants as set
referred to in these Terms cis"you"), forth irn the GOTMi Subscrip'flon>Agreement.
Unauthorized use of the GOTM service or the
These Terms and the GOTM Subscription resole of the GOTM service (directly or ,
Agreement are referred to together as the through its use to provide services io others)
Agreement.Words used In these Terms have is expressly prohibited. You shall not copy,
the same meaning as when used In the license, sell, transfer, make available,
GOT'^Subscription Agreement. In the event distribute, or assign your rights under the
of any conflict between these Terms and Agreement, including ahesoTerms,a fo any
the GOTM Subscription Agreement, then the third party,
terms of the GOTM Subscription Agreement
shall control. Your right to access and use the GOTM
service, GOTM content and website Is
Use of GOT^+ Service Is Acceptance of conditioned on your agreement; (a) not to
Agreement reverse assemble, reverse compile or.
Your use of the GOTM service Is your otherwise reverse engineer or attempt to
acceptance of the Agreement, including, derive the source code of all or any part of
but not limited to,these Terms, the GOTM service; (b) not to download or
modify any part of the Websife; (c) not to
Non-Transferable Use download or copy any GOTM content for
WESTAF grants to you the personal, non- the benefit of another person other Irian
exclusive and non-transferable right to use artist-applicants as permitted by the
the GOTM service and to use and display the Agreement,including these Terms; (d)not to
visual Information, documents, products reproduce, duplicate, copy, sell, resell or
and software contained in or made otherwise exploit the GOTM service, GoTM
available through the GOTM service (the " content or website for any commercial
GOTM content") as provided in the purpose other Irian the express rights
Agreement. GOTM content does not granted to you by WESTAF under the
Include client data, as defined in the GOTM Agreement,Including these Terms;(a) not to
Subscription Agreement. All rights not make any derivative use of the GOTM
expressly granted by WESTAF to you are service,GOTM content or the website; (f)not
retained by WESTAF, to frame or utilize framing techniques to
enclose any trademark, logo, or other
Applicant Terms and Conditions proprietary Information (Including images,
Client agrees that it will do nothing to text, page layout, or form) of WESTAF
modify or alter the terms and conditions without express written consent from
WESTAF imposes on third party users WESTAF fg) not to use any meta iags or any i
submitting applications and supporting other "hidden text" utilizing the WESTAF
name or trademarks without the express
GO Contract Final
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written consent of WESTAF; and (h) not to GOVA service; (a)you do not otherwise use
"mirror'any COT^ content contained on, or any WESTAF trademarks displayed on the
accessible from, the GOT seivice on any Website without express written permission
other server or Internet device. from WESTAF; (f) you do net link from a
website that is not owned by you; and (g)
Third Party Interaction your website does not contain content that
In your use of the GOTM service, you may Is contrary to the limitatlons imposed under
enter Into Correspondence with, purchase the Agreement on your own right to use the
goods 'and/or services, or participate in GOR^ website. WESTAF expressly reserves
promotions of advertisers or sponsors the right to revoke the right granted In this
showing iherr deeds and/or services through section for breach of the terms of this
the GOw service, Any such activity, and section and to take any action if deems
any terms, conditions, warranties or appropriate. Whether or not you are a
representations assoclated with such governmental entity or agency, you shall
aetivlty, 'Is solely between you and the fully indemnify WESTAF for any loss or
applicable thlyd-eddy, WESTAF shall have damage, Including attorney's tees,suffered
no liability,obligation or responslbllIfy for any by WESTAF for breach of the terms of this
such correspondence, purchase or section. it you are a governmental entity or
promotion between you and any such third-' agency that is not permitted to accept a
party. WESTAF does not sponsor any such contractual obligation to indemnify another
third persons or their products and/orservlce person, then you do not have the right to
and has not authorized any such third create a link to the website as provided in
persons to act for or to bind WESTAF in any this section.
matter. ..
User Accounts
Links to and from Other Websites A user account is required to access the
WESTAF does not endorse any sites on the GOTm service and'willbe issued by WESTAF
Internet whether or not they are linked and maybe accessed and used only by
through the GOTM service. Any links to your authorized personnel.WESTAF reserves
Internet sites provided through the GOT"' the fight to require chat'your authorized
service are provided only as a matter of personnel be registered with WESTAF. You
convenience, and in no event shall WESTAF must promptly update any information
be responsible for any content,products,or provided to establish user accounts. Should
other materials on or available from such WESTAF determine that any information
sites, provided to establish user accounts is
untrue, inaccurate, not current or
If you would like to link to the website, you Incomplete,WESTAF has the right to suspend
may do so but only on the hosts that you rink or terminate your usage of the GCT !
to, but do not replicate, the home page of service,
the website, and subject to.the following
conditions: (a)you do not remove,distort or User Responsibilities
otherwise alter the size or appearance of You are solely responsible for any and all
logos or trademarks; (b) you do not create activities that occur under your user
a frame or any other browser or border account and ensuring that you exit or log-
environment around the website;(c)you do off from your user account at the end of
not in any way imply that WESTAF is each session of use. You shall notify WESTAF
endorsing any products or services other immediately of any unauthorized use of your i
than its own; (d) you do not misrepresent password or user account or any other
your relationship with WESTAF nor present breach of security that is known or
any false Information about WESTAF or the suspected by you. You shall also use your
GO Contract Final '..
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best efforts to stop immediately ally copying WESTAF reserves the right to establish or
or distribution of Go*content that is known modify general practices and limits
or suspected by you. WESTAF is not concerning use of the GOTM service
responsible for any unouthorized access to, applicable to alLusers of the GOTMservice.
or alteration at your transmrssions or data,
any mateirlg6 information or data .;ettt or User Conduct
received, regordless.af whether the data is You agree to abide by all applicable local,
acfuolly received by .WESTAF„ or . any state, national and foreign laws; treatises
fransaclions entered into through the GOT^^ and regulations In connection with the
service or failure. to abide by the Goim service: In addition,without limitation,
Agreement you agree not to use the GOTM service,
00- content and the website to; (a) use
Account 10fA4mgtion,Privacy,and Data information from the GGTM service In
WESTAF will not own any data,information connection with sending unsolicited or
or material that you and your grant unauthorized adverilsing, promotional
applicants submit or upload to the GOTM materials, junk mail, Spam, chain letters,
service(defined in the GOTM Subscripilan pyramid schemes, or any other form of
Agreement as client dato). WESTAF will not duplicative, duplicitous or unsolicited
monifor,edit,.ordisctose.any.informalion messages, whether commercial or
regarding you or your gg4c uni,,Including otherwise; (b) harvest, collect, gather or
any client data,without your.ptor assemble information or data regarding
permission except in accordance with the other users, including e-mail addresses,
Agreement;Including these Terms. Please without their consent; (c)transmit through or
be aware that WESTAF does provide certain post on the GOTM service or website
user registration and statistical Information unlawful, harassing, libelous, abusive,
such as usage or user traffic patterns.In discriminatory, tortious, defamatory,
aggregate form to third porfies,but such threatening, harmful, abusive, libelous,
Information will netlnclude personally Invasive of another's privacy, vulgar,
identlfyirig Information of:you or your users, obscene or otherwise objectionable
Your Internet protocol address is transmitted material of any kind or nature or which Is
with messages spill from your WESTAF harmful to minors In any way; (d).transmit
account. WESTAF may access your any material thai may infringe the
account,Including Its client data,to intellectual property rights or other rights of
respond to service or technical problems or third parties, Including trademark, copyright
as stated In the Agreement.You,and not or right of publicity; (e) transmit any material
WESTAF,shall have sole responsibility for the that contalns software viruses or other
accuracy,quality,Integrity,legailiy, harmful or deleterious computer code, files
reliability,approprlafeness and copyright of or programs such as Trojan horses, worms,
all client data and WESTAF shall not be time bombs, cdncelbots or logic bombs; (f)
responsible of liable for the deletion, interfere with or disrupt servers or networks
correction,destruction,damage,loss or connected to the GOTM service or violate
failure to store any client data.The GOTM the regulations, policies or procedures of
service is provided in accordance with such networks; (g) attempt to gain
WESTAFs.privacy policies as published on or unauthorized access to the GOTM service,
available through the GOTM service, GOTM content or website, other accounts,
currently available at computer systems or networks connected to
http;//www,westcif.org/privacy.htmi. the GOTM service, through password mining
or any other means;or (h) harass or Interfere
use,Storage and Other klmftatipns with another user's use and enjoyment of
the GOTM service.
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Except for the rights expressly granted by I'
the Agreement, including these Terms and �.
your ownership of client data, you have no
Suspension and Termination right, title or interest In or to the GOTM
WESTAF, in its sole,discretion, may suspend, service, GOTm content and website, Client
for up to twenty (20) calendar days your acknowledges that WESTAF owns all right,
user account and use of the G07M seWe if title and Interest in the GO service, the
you fall to comply %0h the terms of the GOTM software, the GOW content and
Agreement or If WESTAF deterrnfnes that the website, including all software, code,
GOTm service,infringes on the rights of any Interfaces, 'text, photographs, graphics,
ohiriiatlon, applets, music, video and audio
third person. WESTAF may terminate your
password 'account and use :of the GOT'" Incorporated therein and any related user
service if you fail to comply and cure dhy gulden and documentation, the service
marks GO and CULTURE GRANTS ONLINE
prior noncompliance with the Agreement',
following written notice from WESTAF of your and other marks and logos related 40 the
noncompliance and a ten (10) calendar GOTM service,. and associated URLs,
day opportunity to cure such including, without limitation,
noncompliance. You may terminate your http://www,gogi-cintsbnilne.org/ and
right to use the GOw service upon notice to the trade dress and look and feel of all of
WESTAF at any time. Upon ferminattoh for them, all of which are covered by various
any reason, WESTAF shall provide make protections Including, without limitation,
client data available to the Client as copyright, trademark, and trade secrecy
provided for in the GOTm Subscription law. You agree to comply with WESTAF's
Agreement. Except for the obligation -to Trademark Usage Guidelines as they are
provide you with access to your cltenf data published on the website. Nothing In this
as provided in the preceding*sentence, section transfers ownership of client data to
WESTAF shall have no obligation to maintain WESTAF. You own and retain ownership of
any client data stored through the GOTm all client data,
service or to forward any client data to you
or any third party. `
Go-service Updates and improvements
If WESTAF Is found to have breached a You acknowledge that the GOTm service is !.
warranfyofthlsAgreomenf,Yhe contract shall provided to multiple clients and their users
terminate Immediately and the Client shall and that WESTAF continually updates,
not be financially obligated for any costs improves and modifies the GOTM service for
associated with this Agreement and shall be the benehi of all of its client and user
reimbursed for any payments made, groups. WESTAF reserves the right, In its sole
Addlionally, In the event that WESTAF is in discretion and without incurring any liability
default of a material obligation, which to you,to update,improve,replace, modify
default remains uncured more than thirty (30) or alter the specifications for and
days after receipt of written notice of default, functionality of all or any part of the GOTm
Client,In addition to any other rights available service from time to time. Your sole remedy
to it under law or equity, may terminate this in the event of any change to the GOTm
Agreement by giving written notice to service chat is not reasonably acceptable to
WESTAF. you and Is not made reasonably
acceptable to you after thirty (30) calendar
days notice from you to WESTAF Is to
Additional Proprietary Rights; Trgdemark terminate the Agreement and receive a j
Usage prorated return of the subscription fee for
the current subscription 'period and, if
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termination Is in the initial subscription EXCEPT FOR THE OBLIGATIONS EXPRESSLY
period,a prorated return of the set-up fee. MADE AND ASSUMED BY WESTAF UNDER
SECTIONS 7, 10 AND 11 OF THE GOT"' I
SUBSCRIPTION AGREEMENT, IN NO. EVENT
Disclaimer of Warranties SHALL WESTAF'S AGGREGATE LIABILTtY
EXCEPT FOR THE EXPRESS REPRESENTATIONS UNDER THE AGREEMENT EXCEED THE
AND WARRANTIES MADE BY WESTAF IN AMOUNT ACTUALLY PAID.BY YOU TO WESTAF
SECTIONS 7 AND 10 OF THE GOTM AS SET-UP AND SUBSCRIPTION FEES FOR THE
SUBSCRIPTION AGREEMENT, WESTAF MAKES SUBSCRIPTION PERIOD IN EFFECT DURING THE
NO REPRESENTATION, WARRANTY., OR EVENT GIVING RISE TO SUCH CLAIM. IN NO -
GUARANTY AS TO THE REUABILITY, EVENT, INCLUDING UNDER SECTIONS 7, 10
l
TIMELINESS, QUALITY, SUITABIM, TRUTH, AND I OF THE GOTM SUBSCRIPTION
AVAILABILITY, ACCURACY OR AGREEMENT, SHALL WESTAF BE LIABLE TO
COMPLETENESS OF THE GOTM SERVICE OR ANYONE FOR ANY INDIRECT, PUNITIVE,
ANY GOTM CONTENT; WESTAF MAKES NO SPECIAL, EXEMPLARY, INCIDENTAL, j
REPRESENTATION OR WARRANTY AND CONSEQUENTIAL OR OTHER NON-DIRECT
SPECIFICALLLY DISCLAIMS ANY DAMAGES OF ANY TYPE OR KIND j
REPRESENTATION AND WARRANTY THAT;.(I) (INCLUDING FOR LOSS OF DATA, REVENUE,
THE USE OF THE GOT SERVICE WILL RL PROFIT5, USE OR OTHER ECONOMIC
SECURE, TIMELY, UNINTERRUPTED OR ERROR- ADVANTAGE) ARISING OUT OF, OR IN ANY
FREE OR OPERATE IN COMBINATION WITH WAY CONNECTED WITH THE GOTM SERVICE,
ANY OTHER HARDWARE, SOFTWARE, SYSTEM INCLUDING BUT NOT LIMITED TO, YOUR USE
OR DATA, (11) THE GOTM SERVICE WILL MEET OR INABILITY TO USE THE GOT'"SERVICE, OR
YOUR PURPOSES, REQUIREMENTS OR FOR ANY G.bTM CONTENT OBTAINED FROM
EXPECTATIONS, (III) ANY STORED DATA WILL OR THROUGH THE GOTM SERVICE, EVEN IF
BE ACCURATE OR RELIABLE, (IV)THE.QUALTfY WESTAF HAS BEEN PREVIOUSLY ADVISED OF
OF ANY PRODUCTS, GOTM SERVICE, THE POSSIBILITY OF SUCH DAMAGES.
INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU Ad..dlilongl Rig'lifs
THROUGH THE GOTM SERVICE WILL MEET Certain states and/or Jurisdictions do not
YOUR PURPOSES, . REQUIREMENTS OR allow the exclusion of Implied werrantles or
EXPECTATIONS, (V)ERRORS OR DEFECTS WILL limitation of liability for Incidental or
BE CORRECTED, (VI) THE GOTM SERVICE OR consequential damages, so the. exclusions
THE SERVER(S)THAT MAKE THE GOTM SERVICE set forth above may not apply to you. You
AVAILABLE ARE FREE OF VIRUSES OR OTHER acknowledge that the transactions under
HARMFUL COMPONENTS; AND THE GOTm the Agreement are commercial In nature.
SERVICE AND ALL GOTM CONTENT IS
PROVIDED TO YOU STRICTLY ON AN "A$ IT' Local Laws and ERpod Control
BASIS, ALL CONDITIONS, REPRESENTATIONS WESTAF controls and operates the GOTm
AND WARRANTIES, WHETHER EXPRESS, service from its location in the United States �-
IMPLIED, STATUTORY OR OTHERWISE, of America and Is subject to the United '....
INCLUDING, WITHOUT LIMITATION, ANY States Export Administration Laws and
IMPLIED WARRANTY OF MERCHANTABILITY, Regulations. WESTAF makes no
FITNESS FOR A PARTICULAR PURPOSE, OR representation that the GOTM service Is i
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, appropriate or available for use In locations
ARE HEREBY DISCLAIMED TO THE MAXIMUM outside of the United States of America. If
EXTENT PERMITTED BY APPLICABLE-LAW BY you use the GOTM service from outside the
WESTAF. United States of America, you are solely
responsible for compliance with all
Limitation of Liability applicable laws, including without Itmitotlon
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export and import regulations of other
countries. Any diversion of the GOW Survival
content contrary to United States low Is All provisions of the Agreement which by
prohlbited. None of the GOTm content, nor their terms are Intended to survive or
any Information acquired through the use of operate after termination of the Client's
the GOTM service, is or will be acquired for, subscription and/o( the Agreement,
shipped,transferred, or re-exported,directly Including, but not limited to provisions
or Indirectly, to countries proscribed or related to the ownership of data, property
embargoed by the United States of America and Intellectual property; the atchivind of
or their nationals,nor is or will it be used for and access to data; indemnification;
nuclear activities, chemical or biological disclaimers and limitations of liabilities and
weapons, or missile projects, unless damages remedies, shall survive_ the
specifically authorized by the United States termination of any subscription and the
government for such purposes. You shall Agreement.
comply strictly with all United States export
lows and assume sole responsibility for Submissions
obtaining licenses to export or re-export as WESTAF alone will own all right, title and
may be required. interest, including oil related intellectual
property rights, to any suggestions, Ideas,
This Agreement shall be governed. feedback, recommendations, or other ',
Interpreted and enforced in accordance information provided by you relating to the
with the laws of the State of Washington GOTM service (submissions) and you agree
without regard to Its conflict of laws provisions to assign such submissions to WESTAF free of
and not including the United Nations charge. WESTAF may use such submissions
Convention on Contracts for the International as it deems appropriate in its sole discretion.
Sale of Goods If such convention would '
otherwise be applicable. Any action or
proceeding arising under this Agreement shall
be subject to the jurisdiction of the State or
Federal Courts for King County,Washington.
INSURANCE j
WESTAF shall maintain Insurance that is
sufficient to protect the business against all
applicable risks,as set forth In Altachmeni B
- Insurance Requirements, WESTAF will
cause the indemnified parties to be named
as additional Insureds on the policy required
under the Agreement and shall cause Its
Insurance to be primary to any Insurance
carried by the Indemnified parties. WESTAF
will provide Client with certificates of
Insurance and other supporting materials as
Client reasonably may request to evidence
WESTAF 's continuing compliance with this
section..
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APPENDIX NO.2
CLIENT'S EXISTING GRANTS PROGRAMS
The following are the Client's existing grant programs which are to be converted
for implementatlon in the GOrM servlce:
The Human Services Funders Collaborative(HSFC)is a collective of human services grant-
makers comprised of 18 oities in East,North,and South Ding County,The HSFC engages in an
online joint application process every two years to receive funding requests for funding.human
services in our cities,
The 18 Washington cities represented by the HSFC Include;
Auburn, Bellevue,Bothell, Burlen,Covington,Des Moines, Federal Way, Issaquah,Kenmore,Kent,
Kirkland,Redmond,Renton,$amrnamish,SeaTac,Shoreline,Tukwila and Woodinville
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APPENDIX NO,3
GOW Service Fees and Rate Schedule
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Section I Set-up and Subscription Fees for Initial Subscription Period
Subscription Fees $9,540.00
(taxable)
Set-up Fee (non-
taxable) $16;380,00
WSST 9.5% $906130
TOTAL YEAR ONE $26,826.30
Payment Schedule '..
Milestone Milestone Descriptlon Payment Description Amount
MllestoneI Contract Signed Service Fee+WSST $10,446.30
Milestone 2 Intake Process 50%Setup Fee $8,190,00
Complete
Milestone 3 Launch of System for 40%Setup Fee $6,552.00
client testing
Milestone 4 Launch Final 10%Setup Fee $1,638.00
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Section If Client's Use parameters
The set-up fee and subscription fee for the Inlilal subscription period was calculated based on
the following anticipated usage of the GOTM service during the Initial subscription period:
Users 500
Grants/Panels 18
Cycles(Total all 29
Grants)
Media Storage FREE 100 mb/user
E-mails sent - 25,000
The Client's use of the GOT^^service in excess of the above parameters during the Initial
subscription period will not result In additional fees as provided for in section 3 of the Agreement.
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*Chargeable queries are those that have been saved In the GGrm system by for the purpose of
exporting data. Users may run as many queries cis they wish of no cost,but when saved by a
user,or query will count toward the total included.Excess queries are chargeable,
Section III Work Sample Module fee
Part A Initial Subscription Period
(Check and/or complete as applicable:]The Client has elected to_include or io_Y`exclude
the work sample module as part of-the GOT^+service, If the work sample module is Included,
then the Client has agreed to include the media_option, Each media option,set forth
below,describes the maximum quaniliy of media data each applicant can upload through the
GOT^'service and the corresponding work sample module fee. The Client may change media
options,with a corresponding adjustment in the subscription tee,at any time upon ten(10)days -
notice to WESTAF,
Media A:260 III
MB/applicant $300.00
Media B:500 $800.00
MB/applicant
Media C:1 GB/applicant $1,800.00
Part B Subsequent Subscription Periods .
The work sample module fee forsubscription periods after the Initial subscription periled Is
determined by application of the following table based on two factors•.(1)the sum of the
number of users Included in the Client's use parameters for the current subscription period and
the number of users from all prior subscription periods,and(2)the media option for the greatest
volume of media data per user stored in prior subscription periods or to be stored in the current
subscription period:
Number of Applicant Users(for current subscription Period and ever
all previous Subscription Periods)
Media Option. Up to 500 Users Sol to 1,000 Users 1,001 to 3,000 Users
Medid A:up to 250 $300.00 yoo.00 $2,1 O0.00
MB
Media B:251 to 600 $8o0.00 $2,400.00 $5,600.00
MB
Media C:over SOD $I,800.00 $5,400.00 $12,600.OQ
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,Section IV Enhanced Reporting Module Fees
The Client may purchase enhanced reporting modules In packages of 50 report increments
which permit the indicated number of additional reports which may be generdied through the
GOV service without being charged to the Client's use parameters in accordance with the
following pricing:
Per Packa e
Reports Package A $1,000.00
(50 reports)
Reports Package $1,500.00 -
(100 reports)
Reports Package C $2,500,00
(150 reports)
(Check and/or complete as applicable:) The Client has elected to_purchase or_,-,X_not
purchase an enhanced reporting module as part of the GOT'^service,and,if an enhanced
reporting module is being purchased,then the client has elected to purchase Reports Package
Section V Level of Training
WESTAF's training prior to the scheduled Launch Date will be provided to up to 25 I
members of the Client's staff for total training by WESTAF of 16 hours.
Section VI Launch Date
The scheduled Launch Date Is_January 31,2012
Section VII WESTAF's Current Standard Rates for Services ;
Additional training(beyond set-up services;per session/person) $100.00
Streamline-your-grants option Negotiated f
WESTAFwIll consult wtih the Client(in addition to set-up consultation)to determine pricing
improved workflows for the Client's agency.Pricing is based on the complexity of the
Client's agency's processes and number of grants.
Hands-off option Negotiated
Sit back and relax while WESTAF builds grant appiicafion(s)for you.Pricing is haled on pricing
the complexity of the Client's agency's processes and number of grants,
Custom GOT&'website template creation $500.00
Customized website template (please note;several basic templates are Included in
the subscription fee) based on consultation with the Client's agency staff to create a
custom template specific to the Client's agency's needs.Price Includes up to five
mock-ups and revisions.
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Out•of-scope fee $90.00
Project management(consultation per hour)
Out-of-scope fee $120.00
Programming per hour
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APPENDIX NO.4
GOTM Service Renewal Agreement
This Renewal Agreement ("Renewal Agreement"I is made thts$�day of
December 1 I,between the western States Arts Federation,a Colorado Nonprofit corporation
(WESTAF),and eCityGov Alliance a ai,.kvle...1 at✓+�.�acting through
lu A, �u+< S';c.W 39.3v,(Client),to renew and extend the subscription period for the
Client's use of the GOT"'service from WESTAF under and to amend the terms of the GOT"': '...
Grants Online Subscrfptlon Service Agreement dated�/ 20-B-between WESTAF and the !,
Client("GOTM Agreement' a i follows;
1. Renewal and Extension of Subscription. This Renewal Agreement is a renewal
agreement as referred to in the GOTM Agreement. WESTAF and Client agree to extend the
subscription under the GOTM Agreement for an additional one year subscription period
beginning on_December 4 x 2012_and ending on_December—_5 l .2013(the
"renewed subscription period")which is a subsequent subscription period under the GOT'^
Agreement.
2. Amendment of the GOT"'Agreement. Except as amended or modified by the
terms of this Renewal Agreement,ail of the terms and provisions of the GOTM Agreement shall
remain In effect and determine the rights and Ilabiliiies of the parties with respect to the GOTM
service, In the event of any conflict between the terms and provisions of this Renewal
Agreement and the forms and provisions of the GOTM Agreement,the terms and provisions of j
this Renewal Agreement shall take precedence and control the meaning of the parties'
agreement. Terms defined in the GOT^'Agreement have the same meaning when used In this I
Renewal Agreement. Ii
3 Subscriptiomduring Renewed.Subscription Period. The subscription during The
renewed subscription period and any other subscription period subsequent to the Initial
subscription period Is the right to use the GOTM service up to the maximum limit of each
category of the use factors set forth in sectlon II of the fees and rate schedule(the Client's use
parameters)during eooh subscriptlon period, For all periods after the Initial subscription period,
paragraph 1.of the GOTm Agreement is amended to be consistent with this paragraph 3.
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4. Amendrpents to Appendix.No..3::fees and Rate Schedule, Appendix No.3 to the
COW Agreement is amended as follows forall peiods after the Initial subscription period:
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a. Amendment to Section 4-Set-up and subscription Nees. Section I of
Appendix No.3Is amended In Its entirety to read as follows:
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Section I Set-up and Subscription Fees i
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Subscription Fees $9,540 -
WSST9.5% $906.30
Total Year 2 Fees $10,446.30
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Set-up Fee (If
additional Grant $0
Programs are
Added)
Total perSubscriptTon $iD,446.30
Period
up.to^Grants(.. ..a
Users
b.- Amendment to Seaton II—dllent's Use Parariletets. Section fl of Appendix No.31s
amended in its entirety to read as follows:
Section 11 Client's Use Parameters
The set-up fee and subscription fee for each subscription.period includes the right to the
following usage of the GOTM service per subscription period:
Users Sob lit
Gronts/Panels 18
Cycles (Total all 29
Grants)
Media Storage FREE I00 mb/usef
E-malls sent
The Client's use of the GOTM service in excess of the above parameters during any one
subscription period may result in additional fees as provided for in section 3 of the Agreement.
*Chargeabfe queries are those that have been saved in the GD.TM system by for the purpose of,
exporfing data. Users may run as many queries as they wish at no cost but when saved by a
user,a query will count toward the total included. Excess queries are chargeable.
c, Amendment to Secllon �� �i Section j of Appendix No.3 is
amended in its entirety to read as follows:
- 5, subscription Fee for Renewed Subscription Period. The subscription fee for the -
renewed subscription period as sat forth In the fees and rate schedule(as amended by this
Renewal Agreement)Is$ .to, Sz S,. . 3,0 which is subject to adjustment as provided by
paragraph 3.1.of the GOTM Agreement (as amended by this Renewal Agreement),
6. Amendments to Paragraph 3 of the.GOrM Agreement. Paragraphs 3.c.,3.d.and
31 of the GOTM Agreement are amended In their entirety to read as follows for ail periods after i
the initial subscription period:
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G. Fee Factors, Subscription fees are determined based on an
agreed level of the Client's anticipated use of the GOTM service. The Client's
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level of use of the GOT"r service is A function of use within the fallowing categories
in any subscription period:It)the number of programs and grants to be
administered through the GOTM service, (li) the total number of users, (lit)the '....
number of cycles,forms,saved queries,reports,and rules used,created or .
generated,and Qv)the number of electronic mail messages sent through the
G.OW service(use factors). '..
d. Client's Use Parameters, The Cilent'ssubscription Is the right to
use the GOT!^service up to the maximum limit of each category of the use
factors set forth to section II of the fees and rate schedule(the'Cltent's use
parameters)during each subscription period. WESTAF shall have the right and
the client agrees that WESTAF shall have the right to moriltor the level of Client's
use of the GOTM service.Additionally,as provided for In sections at and qa of this
Agreement,the GON service has the functionality to provide the Client with
notices when the Client's usage approaches the limits bf the Cllenrs Use
parameters to assist the Client In monitoring and controlling the level of its use of
the GOW service,
1. Adjustment of Pees. If the Client's actual use of the GOTM service
during any subscription period exceeds the Cllent!s use parameters,by more than
fifteen percent(15%)in any category of use factors,,then Client shall pay WESTAF;
(1)an Increased subscription fee•,and (If) an Increased work sample module fee If
the work sample module is included as part of the Client's subscription and the
excess use factor Is In the number of users. Any increased subscription or work
sample module fees will be based or)WUSTAF's then-published prices for such
higher usage,applied as follows:
(t) if the excess usage exceedsthe Client's use parameters in
any category of use factors by more than fifteen percent (15%),(the actual
excess usage being referred to as the Client's excess usage percentl,then the
increased fees (X)will be determined by the formula X=(A-B]x 1,2 C,where A is
the amount of the fees for the higher level of usage that corresponds tb:the
Client's actual excess usage,B Is the amount of the original fees set for the Client
based on the Client's use parameters and C Is the amount of the Client's excess
usage percent expressed as a decimal;
II) except the Increased fees (X)shall not result in the
payment of fees by the Client that exceed the amount of the fees the Client
would have paid for the higher level of usage If that level of usage had been set
at the beginning of the subscription period;and
(111) once X equals or exceeds the difference43etween A l,'B,
then increased fees(X)shall be capped at and equal to the difference between
A-B and the Client's use parameters shall be,ingreased to the use parameters
that corresponds to the Client's actual excess usage;
and except further,If WESTAF has not published standard prices for higher levels
of usage of the GOT"'service,then,at WESTAF's option,either, (x) the subscription
fee and.If applicable,the work sample module and set-up fees shall be
Increased by 1.2 x C,or(y)WESTAF shall have the right to terminate the Client's
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use of the GOTM service. Client's excess usage shall be a breach of the terms of
this Agreement,except such breach shall be cured upon the Client's payment of
!
any Increased fee.
If the Client is a governmental entity and sufficient funds are not committed or
appropriated under this Agreement in an amount sufficient to pay lnareased tees
under this paragraph 3.f.,then WESTAF's sole remedy shall be to suspend the
Client's account and/or terminate this Agreement ond-the Client's subscription
under the terms of this Agreement.The client acknowledges that WESTAF may
impose automated features within the GOT service that prevent the Client and
Its users from exceeding the Client's use parameters. WESTAF has no obligation to
the Client to monitor the Client's use of or to impose features which prevent the
Client's excessive use of the GOTM service,except at the Client's request,WESTAF !.
will assist the Client In setting alerts withlh the GOTTA service which will generate
notices to the Client about the level of the Client's use of the GOTM service so
that the Client can monitor Its own level of use,
7. Entire Agreement. This Renewal Agreement and the GOTM Agreement are the
entire agreement of the parties with respect to the GOT"service.
Signed by the parties to be effective upon the last dote both parties have signed this
Renewal Agreement
eCltyGov Alliance Western States Arts Federation
Client contractor
Print Name Pr nt Name
z�A
A'Whorized Signature - / Autho zcd Signature
�/
�X-<GW'E-'t1L �INT 'Fns �ir•C
Title Title
Data Date
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AGENCY CONTACT INFO WESTAF
�C-�( Cyan 4lll aw 1743 Wozee Street,Suite 300
n- A a 9.a a r Denver,CO 80202 -
Ca. 11eyrd tit/ `TVS "Ir•—Waite Tel:(303)629-1166 Fax:(303)629-9717
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APPENDIX5
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance against
claims for Nuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Contractor,his agents,representatives,employees
or subcontractors.The cost of such insurance shall be.paid by the Contractor.Insurance shall
meet or exceed the following unlesaothexwise approved by the Alliance.
A. Minimum Insurance
1. Commercial General Liability coverage with limits not less than $1,000,000 per
occurrence/$2,000,000 annual aggregate,
2. Stop Gap/Employers Liability coverage with limits not less than $1,000,000 per
accident/disease,
3. Business Automobile Liability coverage with limits not less than$1,000,000 per accident
for any auto.
4. Workers' Compensation coverage as required by the Industrial Insurance Laws of the
State of Washington.
B. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Alliance.
C. Other Provisions
Commercial General Liability(including the ProductslCompleted Operations Coverage)
policies shall be endorsed to:
1. Include the Alliance,its officials, employees and volunteers as additional insureds,
2, Provide that such insurance shall be primary as respects any insurance or self-insurance
maintained by the Alliance,
3. Each insurance policy shall provide that coverage shall not be canceled except after thirty
(30)days' written notice has been given to the Alliance.
D. Acceptability of Insurers
Insurance shall be placed with insurers with a rating acceptable to the Alliance.
E. Verification of Coverage
Contractor shall furnish the Alliance with certificates of insurance required by this clause.
The certificates are to be received and approved by the Alliance before work commences.
The Alliance reserves the right to require complete,certified copies of all required insurance
policies at any time.
F, Subcontractors
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Contractor shall require subcontractors to provide coverage which complies with the
requii5meats stated herein.
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
ENT
WASHINGTON
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 17, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Brian Levenhagen, Park Planner
THROUGH: Jeff Watling, Director
SUBJECT: Recreation and Conservation Office Grant Agreement -
Authorize
MOTION: Move to recommend authorizing the Mayor to sign the grant
agreement with the Recreation and Conservation Office for $125,120.00 to
assist funding land acquisition at Clark Lake.
grant a authorization for the mayor to sign SUMMARY: Staff is requesting y g
agreement with the RCO Washington Wildlife and Recreation Program to fund the
acquisition of property to add to the Clark Lake Park assemblage. This grant will be
used to acquire .91 of an acre that will eventually be developed into a park with the
existing 133 acres at Clark Lake Park. The grant will be matched by a King County
Conservation futures grant that was already awarded.
EXHIBITS: Grant Agreement
BUDGET IMPACTS: None
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Recreation and
_ Conservation Office WWRP Project Agreement
Outdoor Recreation Account
Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 10-1653A
Project Title: Clark Lake Park Expansion 12 Approval Date: 111612012
A. PARTIES OF THE AGREEMENT III
This project grant Agreement(Agreement)is entered into between the Stale of Washington by and through the
Recreation and Conservation Funding Board(RCFB)and the Recreation and Conservation Office,P.O. Box 40917,
Olympia,Washington 98504-0917 and City of Kent by and through the Kent Parks,Rec&Comm Sery(sponsor),220
4th Ave S,Kent,WA 98032-5895 and shall be binding on the agents and all persons acting by or through the parties.
B. PURPOSE OFAGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of
the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor
forthe project named above. I......
C. DESCRIPTION OF PROJECT III
The City of Kent will use this grant to acquire approximately.91 of an acre of properly that will likely be used as a
parking lot and picnic area serving Clark Lake Park. The property is located in the 133 acre Clark Lake Park,located
within the City of Kent off of 248th street in south King County.By acquiring the property the City will have the upland
property needed for the proposed future development allowing the middle of the eventual 167 acre park to be as
natural as possible. The primary recreation opportunity provided by the project will be for passive recreation
opportunities.
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on November 30,2012 and end on December 31,2013, No
expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment
into this Agreement or specifically provided for by RCFB and/or SRFB policy or WAC.
Requests for time extensions are to be made at least 60 days before the Agreement end dale. If the request is
made after the Agreement end date,the time extension will be denied.
The sponsor has obligations beyond this pared of performance as described in Section E.
E. ON-GOING OBLIGATION
For acquisition projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this project agreement unless otherwise Identified in the agreement or as approved by the
funding board.It is the intent of the funding board's conversion policy(see section 23)that all lands acquired with
funding assistance remain in the public domain In perpetuity.
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed$125,120.00. The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount.
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below:
Percentage Dollar Amount
RCFB-WWRP-Local Parks 50.00% $125J20.00
50.00% $125,120.00
Project Sponsor I
Total Project Cost 100.00% $250,240.00
WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account
Chapter 79A.15 RCW,Chapter 286 WAC Page 1 of 16
PROJAGR.RPT
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G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and Its attachments,as now
existing or hereafter amended,including the sponsor's application,eligible scope activities,project milestones,and
the Standard Terms and Conditions of the project Agreement,all of which are incorporated herein.
Except as provided herein,no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing. All such amendment/deletions must be signed by bath parties except the RCO
director may unilaterally make amendments to extend the period of performance. Period of performance extensions
need only be signed by RCO's director or designee.
H. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES
This agreement is governed by,and the sponsor shall comply with,all applicable state and federal laws and
regulations,including Chapter 79A.15 RCW,Chapter 286 WAC,and published agency policies,which are
incorporated herein by this reference as if fully set forth.
I. SPECIAL CONDITIONS
None
J. FEDERAL FUND INFORMATION
(none)
K. PROJECT GRANT AGREEMENT REPRESENTATIVE '..
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both:
Protect Contact RCFB
Name: Brian Levenhagen Recreation and Conservation Office
Title: Assistant Park Planner Natural Resources Building
Address: 220 4th Ave S PO Box 40917
Kent,WA 98032 Olympia,Washington 98504-0917
Email: bjlevenhagen@ci.kent.wa.us
These addresses shall be effective until receipt by one party from the other of a written notice of any change.
L. ENTIREAGREEMENT '
This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other
understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties.
M. EFFECTIVE DATE
This Agreement,for project 10-1653A,shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO. Reimbursements for eligible
and allowable costs Incurred within the period of performance identified in Section Dabove are allowed only when this
Agreement is fully executed and an original is received by RCO.
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W WRP Project Agreement-RCO#10-1653A Outdoor Recreation Account
Chapter 79A.15 RCW,Chapter 286 WAC Page 2 of 16
PROJAGR.RPT j
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The sponsor/s has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this
Agreement,The signators listed below represent and warrant their authority to bind the parties to this Agreement. '..
Kent Parks,Rec&Comm Sam
By, Date:
Name: (printed) '..
Title:
State of Washington
On behalf of the Recreation and Conservation Funding Board(RCFB) '..
By: Date:
Kaleen Cottingham
Director, Recreation and Conservation Office
Pre-approved as to form:
By: /s/ Date: June 27, 2011 I
Assistant Attorney General
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Chapter 79A.15 RCW,Chapter 286 WAG Page 9 of 16
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Standard Terms and Conditions
of the Project Agreement
Table of Contents Page
SECTION 1. CITATIONS,HEADINGS AND DEFINITIONS............................................................ 6
SECTION 2. PERFORMANCE BY THE SPONSOR.....................................................I............... 8
SECTION3. ASSIGNMENT.....................................................................I..........I................... 8
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SECTION 4. RESPONSIBILITY FOR PROJECT............................................................I..........- 8 i
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SECTION6. INDEMNIFICATION............................................................................................. 8
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR..............................I--.................... 8
SECTION 7. CONFLICT OF INTEREST............. ...................... ..................... ............. .......... 8
SECTIONS. ACKNOWLEDGMENT AND SIGNS.....................................................................— 8 '
SECTION 9. COMPLIANCE WITH APPLICABLE LAW..........................................I.................... 9
SECTION 10. HAZARDOUS SUBSTANCES-..................................I........I...........................-... 10
SECTION11. RECORDS....................... ............................. ......I......................11-.......... 10
SECTION 12. TREATMENT OF ASSETS........................................................................I........... 10
SECTION 13. RIGHT OF INSPECTION..................................................................I.................... 10
SECTION 14. STEWARDSHIP AND MONITORING...................................................................... 10
SECTION 16. DEBARMENT CERTIFICATION............................................................................. 11
SECTION16. PROJECTFUNDING........................................................................................... 11
SECTION 17. PROJECT REIMBURSEMENTS-....................................... ........... ...................— 11
SECTION 18. ADVANCE PAYMENTS....................................................................................... 11
SECTION 19. RECOVERY OF PAYMENTS................................................................................ 12
SECTION 20. CONVENANT AGAINST CONTINGENT FEES..........................................I.............. 12
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND
RESTORATION PROJECTS.................................................................................. 12
SECTION 22. PROVISIONS APPLYING TOACQUISITION PROJECTS.......................................... 12
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY
ANDIOR FACILITIES TO OTHER USES................................................................. 13
SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE
OF ASSISTED PROJECTS.................................................................................. 13
i
SECTION 25. INCOME AND INCOME USE................................................................................ 14
SECTION 26. PREFERENCES FOR RESIDENTS....................................................................... 14
WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account '..........
Chapter79A.15 RCW,Chapter 286 WAC Page4ofla
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SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)
SPONSORS...................................................................................................... 14
SECTION 28. LIABILITY INSURANCE REQUIRMENTS FOR FIREARMSI,
AND ARCHERY RANGE SPONSORS.......... ..........................-............... ...... 14
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE............................................. 15
SECTION 30, FARMLAND PRESERVATION ACCOUNT............................................................. 15
SECTION 31. ORDER OF PRECEDENCE................................................................................. 15
SECTION32, AMENDMENTS................................................................................................. 15
SECTION 33. LIMITATION OF AUTHORITY.............................................................................. 15
SECTION 34. WAIVER OF DEFAULT....................................................................................... 15
SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS
OR INACCURACYOR BREACH.................................................I........................ 15
SECTION 36. SPECIFIC PERFORMANCE................................................................................ 16
SECTION37. TERMINATION................................................................................................. 16
SECTION 38. DISPUTE HEARING.......................................................................................... 16
SECTION 39. ATTORNEYS'FEES.......................................................................................... 17
SECTION 40. GOVERNING LAW/VENUE................................................................................. 17.
SECTION 41. SEVERABILITY.....................................................................:.......................— 17
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y - WASHINGTON STATE
Recreation and
Conservation Office Standard Terms and Conditions
of the Project Agreement
Project Sponsor: Kent Parks, Recreation&Community Services Project Number:10-1653A
Project Title: Clark Lake Park Expansion 12 Approval Date:11/6/2012
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SECTION I. CITATIONS,HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in
the future.
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this
Agreement.
C. Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below:
acquisition-The purchase of fee or less than fee interests in real property. These interests include,but are not limited to,
options,right of first refusal,conservation easements,access/trail easements,covenants,water rights,leases,and mineral
rights.
Agreement-The accord accepted by all parties to the present transaction;this Agreement,any supplemental Agreements,any
amendments to this Agreement and any intergovernmental Agreements.
applicant-Any agency or organization that meets the qualifying standards,including deadlines,for submission of an application
soliciting a grant of funds from the funding Board.
application-The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds;this includes materials required for the"Application"in the RCO's automated project information system,and other
documents as noted on the application checklist including but not limited to legal opinions,evaluation presentations and scripts.
asset-Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement.This
definition Is restricted to non-fixed assets,including but not limited to vehicles,computers or machinery. -
cognizant or oversight agency-Federal agency responsible for ensuring compliance with federal audit requirements.
contractor-Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this
project under a separate Agreement with the sponsor.The term"contractor"and"contractors"means contractor(s)in any tier.
secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors,
only one-the primary sponsor-may be the fiscal agent.
development-The construction of or work resulting in new elements,including but not limited to structures,facilities,and/or
materials to enhance outdoor recreation,salmon recovery or habitat conservation resources.
director-The chief executive officer of the Recreation and Conservation Office or that person's designee.
elements,items and worktypes-Components of the funded project as provided in the project description.
funding board-The board that authorized the funds In this Agreement,either the Recreation and Conservation Funding Board
(RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter
77,85.110 RCW.
grantee-The organizational entity or individual to which a grant(or cooperative agreement)is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant-supported project or activities.
landowner agreement-A landowner agreement is required between a SRFB project sponsor and landowner for projects located
on land not owned,or otherwise controlled,by the sponsor.
lower tier participant-refers to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any
grantee,subgrantee,or contractor of any grantee or subgrantee from the original sponsor funded by RCO.
milestone-An important event with a defined deadline for an activity related to implementation of a funded project.
period of performance-The time period specified in the Agreement,under Section D,period of performance.
project-The undertaking that is the subject of this Agreement and that is,or may be,funded in whole or in part with funds ',.....
administered by RCO on behalf of the funding board.
RCO-Recreation and Conservation Office-The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters
79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW.
reimbursement-Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement.
renovation- The activities intended to improve an existing site or structure in order to increase its service life or functions.This
does not include maintenance activities.
restoration-Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of
a site.
sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its
officers,employees,agents and successors.
subgrantee-The term subgrantee means the government or other legal entity to which a subgrant is awarded and which is
accountable to the grantee for the use of the funds provided.
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SECTION2. PERFORMANCE BY THE SPONSOR
The sponsor,and secondary sponsor where applicable,shall undertake the project as described in this Agreement,post evaluation L,
summary,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application
or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated
by this reference as if fully set forth herein.The Order of Precedence is covered in Section 31.
Timely completion of the project and submission of required documents,including progress and final reports,is important.Failure to
meet critical milestones or complete the project,as set out In this Agreement,is a material breach of the Agreement.
SECTION 3. ASSIGNMENT
Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office,
SECTION4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project
itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary
sponsor,or to any third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the
project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to
the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all
post-completion stewardship responsibilities.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law,the sponsor expressly agrees to and shall Indemnify,defend and hold harmless the State
and its agencies,officials,agents and employees from and against all claims,actions,costs,damages,or expenses of any nature
arising out of or incident to the sponsor's or any contractor's performance or failure to perform the Agreement.Sponsor's obligation to
indemnify,defend and hold harmless also includes any claim by sponsor's agents,employees,representatives or any contractor or its III.
employees.Sponsor's obligation to defend Includes payment of any costs or attorneys'fees.
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of ROO,its officials,agents,and
employees.If the claims or damages are caused by or result from the concurrent negligence of(a)ROO,its agents or employees and
(b)the sponsor,its contractors,agents,or employees,this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the sponsor or its contractors,agents,or employees.The sponsor expressly agrees to waive his/her immunity under -
Title 51 ROW(as to the State,and its agencies but not as to any employee,worker or third party)to the extent required to indemnify,
defend,and hold harmless the State and its agencies,officials,agents or employees.
SECTIONS. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers,employees or agents of the funding board
or RCO.The sponsor will not hold itself out as nor claim to bean officer,employee or agent of ROO,a funding board or of the state of
Washington,nor will the sponsor make any claim of right,privilege or benefit which would accrue to an employee under Chapters
41.06 or 28B ROW.
The sponsor is responsible for withholding and/or paying employment taxes,insurance,or deductions of any kind required by federal,
state,and/or local laws.
SECTION7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,ROO may,in its sole discretion,by written notice to
the sponsor terminate this Agreement if it Is found after due notice and examination by ROO that there is a violation of the Ethics in III
Public Service Act,Chapter 42.52 ROW,or any similar statute involving the sponsor in the procurement of,or performance under,this
Agreement. '...
In the event this Agreement is terminated as provided above,ROO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of ROO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law. ',..
SECTIONS. ACKNOWLEDGMENT AND SIGNS
A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for,or referring to,the project during the project period and
in the future.
B. Signs,The sponsor also shall post signs or other appropriate media during the project period and In the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution,unless
exempted in funding board policy orwaived by the director.
C. Ceremonies.The sponsor shall notify ROO no later than two weeks before a dedication ceremony for this project.The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies.
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D. Federally Funded Projects.When issuing statements,press releases,requests for proposals,bid solicitations,and other
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documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly
state:
1. The percentage of the total costs of the project that is financed with federal money;
2. The dollar amount of federal funds for the project;and
3. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources.
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws,regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization.
The sponsor shall comply with,and RCO is not responsible for determining compliance with,any and all applicable federal,state,and
local laws,regulations,and/or policies,including,but not limited to:State Environmental Policy Act;Industrial Insurance Coverage;
Architectural Barriers Act;permits(shoreline,Hydraulics Project Approval,demolition);land use regulations(critical areas ordinances,
Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health AdministrationlWashington
Industrial Safety and Health Act);and BuyAmerican Act.
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Endangered Species
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203(b)(8),limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration.Violation of this
requirement may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement
responsibility by RCO.
Nondiscrimination Laws
The sponsor shall comply with all applicable federal,state,and local nondiscrimination laws and/or policies,including but not limited
to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act.In the event of the sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in
part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law.
Wages and Job Safety -
The sponsor agrees to comply,with all applicable laws,regulations,and policies of the United States and the State of Washington
which affect wages and job safely.The sponsor agrees to pay the prevailing wage rate to all workers,laborers,or mechanics
employed in the performance of any part of this contract if state law applies to the lands in question and the prevailing wage law
applies to the work being performed. The Washington State Department of Labor and Industries should be consulted to determine
whether prevailing wage laws apply. Further the sponsor agrees to comply with the provisions of the Davis-Bacon Act as required, li
and any other applicable federal laws.
Archaeological and Cultural Resources
The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing
activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic
Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the
requirements of Executive Order 05-05. In the event that archaeological or historic materials are discovered during project activities,
work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be
provided to the following:concerned Tribes'cultural staff and cultural committees,RCO,and the State Department of Archaeology
and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate
vicinity must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural
committee,RCO,State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible
according to ROW 68.50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit,pamphlet,booklet,publication,radio,
television,or video presentation designed to support or defeat legislation pending before the U.S.Congress or any state legislature.
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such
sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state
legislature.
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SECTION 10. HAZARDOUS SUBSTANCES
A. Certification.The sponsor shall inspect,investigate,and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances,as defined in Chapter 70.105D.020(11)RCW,and certify:
1. No hazardous substances were found on the site,or
2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws,and the site deemed"clean."
B. Responsibility.Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70.105D RCW.
C. Hold Harmless.The sponsor will defend,protect and hold harmless RCO and any and all of its employees and/or agents,from
and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of
any nature from any and all claims or suits resulting from the presence of,or the release orthreatened release of,hazardous
substances on the property the sponsor is acquiring.
SECTION 11, RECORDS li
A. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and
performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently
and properly reflect all direct and Indirect costs of any nature expended In the performance of this Agreement.Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 17(C)below.
If 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.
B. Access to records and data.At no additional cost,the records relating to the Agreement,including materials generated under the
Agreement,shall be subject at all reasonable times to inspection,review or audit by ROO,personnel duly authorized by RCO,the
Office of the State Auditor,and federal and state officials so authorized by law,regulation orAgreement.This includes access to
all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations -
of the sponsor's reports,Including computer models and methodology for those models.
C. Public Records.Sponsor acknowledges that the funding board Is subject to chapter 42.56 RCW and that this Agreement and any '
records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42.56 RCW. Additionally,in
compliance with RCW 77.85.130(8),sponsor agrees to disclose any Information in regards to expenditure of any funding
received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose
or copy that record under the state public records law,currently codified at RCW 42.56. The sponsor warrants that it possesses
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under stale -
public records laws. The Sponsor hereby agrees to release the State from any claims arising out of allowing such review or
copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or
copying and pay the reasonable cost of state's defense of such claims. !i
SECTION 12. TREATMENT OF ASSETS '..
A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the
sponsor discontinues use of the asset(s)for the purpose for which it was funded, RCO will require the sponsor to deliver the
asset(s)to RCO,dispose of the asset according to RCO policies,or return the fair market value of the asset(s)to RCO.Assets
shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing.
B. The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which '.
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices.
SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO,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,
andlor quality assurance under this Agreement.
If a landowner Agreement or other form of control and tenure has been executed,it will further stipulate and define the funding board
and RCO's right to inspect and access lands acquired or developed with funding board assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated In policy documents approved by the funding boards or
RCO.Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the
funding board.
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SECTION 16. DEBARMENT CERTIFICATION
A. For Federally Funded Projects
By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency. Further,the sponsor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the"General Services Administration's Excluded from Federal Procurement or
Non-procurement Programs at http:llww .epls.gov, -
The sponsor(prospective lower tier participant)shall provide immediate written notice to RCO if at any time the prospective lower
tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed
Circumstances.
B. For State Funded Projects
By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lowertier participant are
presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this -
transaction by Washington State Labor and Industries. Further,the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list at
http://www.Ini.wa.govrTradesLicensing/PrevWago/AwardingAgencies/DebarredContractors/ ',..
SECTION 16. PROJECT FUNDING
A. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
Agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement.
B. Before the Agreement.No expenditure made,or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds,in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity,or
program specific eligible pre-Agreement costs.For reimbursements of such costs,this Agreement must be fully executed and an
original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement.
C. After the period of performance.No expenditure made,or obligation incurred,following the period of performance shall be
eligible,in whole or in part,for grant funds hereunder.In addition to any remedy the funding board may have under this
Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation.
SECTION 17. PROJECT REIMBURSEMENTS
A. This contract is administered on a reimbursement basis.The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors. RCO will then.reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO.RCO
does not reimburse for donations which the sponsor may use as part of its percentage.All reimbursement requests must include
proper documentation of expenditures as required by RCO.
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B. Compliance and Payment.The obligation of RCO to pay any amounts)under this Agreement is expressly conditioned on strict
compliance with the terms of this Agreement by the sponsor.
C. Compliance and Retainage.RCO reserves the right to withhold disbursement of up to the final ten percent(10%)of the total
amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when:
1. All approved or required activitles outlined in the Agreement are done;
2. On-site signs are in place(if applicable);
3. Afinal project report is submitted to and accepted by RCO;
4. Any other required documents are complete and submitted to RCO;
5. A final reimbursement request is submitted to RCO;
6. The completed project has been accepted by RCO;
7. Final amendments have been processed;and
8. Fiscal transactions are complete. f
9. RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future.
D. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly.
Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30. Sponsors must refer io the most recently published/adopted RCO
policies and procedures regarding reimbursement requirements.
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SECTION 18. ADVANCE PAYMENTS
Advance payments of or In anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SRFB and must comply with SRFB policy. See WAC 420-12-060(5).
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SECTION 19. RECOVERY OF PAYMENTS
In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the
provisions of the Agreement,or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance In addition to any other remedies available at law or in equity.
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The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement.Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of
twelve percent(12%)per annum from the time that payment becomes due and owing.
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission,percentage,brokerage or contingent fee,excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach
of this clause by the sponsor,to terminate this Agreement without liability or,in its discretion,to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission,percentage,brokerage or contingent fee.
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT,RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development,renovation and restoration
of land or facilities for outdoor recreation,habitat conservation,or salmon recovery:
A. Document Review and Approval.The sponsor agrees to submit one copy of all development,renovation,restoration or
construction plans and specifications to RCO for review prior to implementation.Review and approval by RCO will be for �.
compliance with the terms of this Agreement.
B_ Contracts for Development,Renovation or Restoration.Sponsors must follow any applicable state and/or required federal
procurement procedures. If such procedures do not apply,Sponsor must follow these minimum procedures:(1)publish a notice ',...
to the public requesting bids/proposals for the project(2)specify in the notice the date for submittal of bids/proposals(3)specify
in the notice the general procedure and criteria for selection;and (4)comply with the same legal standards regarding unlawful
discrimination based upon race,ethnicity,sex,or sex-odentation that are applicable to state.agencies In selecting a bidder or
proposer. This procedure creates no rights for the benefit of third parties,including any proposers,and may not be enforced or '..
subject to review of any kind or manner by any other entity other than the RCO. Sponsors may be required to certify to the RCO
they have followed any applicable state and/or federal procedures or the minimum procedure where the former procedures do not
apply.
C. Contract Change Order.Only change orders that impact the amount of funding or changes to the scope of the project as ',.....
described to and approved by the funding board or RCO must receive prior written approval.
D. Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(land ownerAgreement,long term
lease Agreement easement,or fee simple ownership)for the land proposed for development, renovation or restoration. The
documentation must meet current RCO requirements.
E. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project:
"During the performance of this contract,the contractoragrees to comply with all
federal and state nondiscrimination laws,regulations and policies."
F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines(AHG)Program.The best management practices are described in three
documents:"Stream Habitat Restoration Guidelines:Final Draft",2004;"Design of Road Culverts for Fish Passage",2003;and
"Integrated Streambank Protection Guidelines",2002.These documents and other information can be found on the AHG website.
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS '
The following provisions shall be In force only if the project described in this Agreement is for the acquisition of interest in real property
(including easements)for outdoor recreation,habitat conservation,salmon recovery purposes,or farmland preservation:
A Evidence of Land Value.Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
policy.
B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired.This shall be done before any payment of financial assistance.
C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding
assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of
Washington)shall be incorporated into the Agreement before final payment.
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D. Conveyance of Rights to the Stale of Washington.Document securing long-term rights for the State of Washington. When real
property rights(both fee simple and lesser interests)are acquired,the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO,on behalf of the State of Washington. These documents include a Deed of
Right,Assignment of Rights,Easements and/or Leases. The sponsor agrees to use document language provided by RCO,to
record the executed document in the County where the real property lies,and to provide a copy of the recorded document to
RCO.The document required will vary depending on the project type,the real property rights being acquired and whether or not
those rights are being acquired in perpetuity.
1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve,protect,and/or
use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real
property rights that include the underlying land. This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO. Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document.
3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right orAssignment of Rights
directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will
depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease.
E. Real Property Acquisition and Relocation Assistance '..
1. When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat.1894(1970)--Public Law 91-646,as
amended by the Surface Transportation and Uniform Relocation Assistance Act,PL 100-17-1987,and applicable regulations
and procedures of the federal agency implementing that Act.
2. When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policy of the State of Washington,Chapter 8.26.010 RCW,and
Chapter 468-100 WAC.
3. Housing and Relocation.In the event that housing and relocation costs,as required by federal law set out in subsection(1)
above and/or slate law set out In subsection(2)above,are involved in the execution of this project,the sponsor agrees to
provide any housing and relocation assistance required.
F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery.
Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 9-
Archaeological and Cultural Resources before structures are removed or demolished.
G. .Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this Agreement,if to ,,
be subject to land disturbing activities in the future,is subject to Governors Executive Order 05-05 or the National Preservation
Historic Act(S. 106). The sponsorfurther agrees that ground disturbing activity will not occur until RCO has been notified and ,
determines if a cultural resources review is needed.
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTYANDlOR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired,developed,and/or restored pursuant to this Agreement
to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with ,,
applicable statutes,rules,and funding board policies. It is the intent of the funding board's conversion policy,current or as amended
in the future,that all real property or facilities acquired,developed and/or restored with funding assistance remain in the public domain
in perpetuity unless otherwise identified in the Agreement or as approved by the funding board. Determination of whether a
conversion has occurred shall be based upon applicable law and RCFBISRFB policies.
When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding
board policies.
SECTION 24. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition,development,renovation and restoration projects,sponsors must ensure that properties or facilities assisted with
funding board funds,including undeveloped sites,are built,operated,used,and maintained:
A. According to applicable federal,state,and local laws and regulations,including public health standards and building codes.
B. In a reasonably safe condition for the project's intended use.
C. Throughout its estimated life so as to prevent undue deterioration.
D. In compliance with all federal and state nondiscrimination laws,regulations and policies.
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For acquisition,development,renovation and restoration projects,facilities open and accessible to the general public must:
E. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards;guidelines,or rules,Including but not limited to:the International Building Code,the Americans
with Disabilities Act,and the Architectural Bamers Act,as updated.
F. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods.
G. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of
area or facility.
SECTION 25. INCOME AND INCOME USE
A. Income.
1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the
funding source and the Agreement.
2. Fees.User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the:
(a) Value of any service(s)fumished;
(b) Value of any opportunities furnished;and
(c) Prevailing range of public fees in the state for the activity involved.
Excepted are Firearms and Archery Range Recreation Program safety classes(firearm and/or hunter)forwhich a li
facility/range fee must not be charged(Chapter 79A.25.210 RCW).
B. Income use.Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing,
timber harvesting,farming,etc.)are gained during or after the reimbursement period cited In the Agreement,unless precluded by
state or federal law,the revenue may only be used to offset
1. The sponsor's matching funds;
2. The project's total cost; i,
3. The expense of operation,maintenance,stewardship,monitoring,and/or repair of the facility or program assisted by the
funding board grant;
q. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's '........
system; and/or
5. Capital expenses for similar acquisition and/or development.
SECTION 26. PREFERENCES FOR RESIDENTS '..
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential
reservation,membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained
on the basis of residence.Even so,the funding board discourages the imposition of differential fees.Fees for nonresidents must not
exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. '...
SECTION 27. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS
A corporate sponsor,Including any nonprofit sponsor,shall: '..
A. Maintain corporate status with the state,including registering with the Washington Secretary of State's office,throughout the
sponsor's obligation to the project as identified in the Agreement.
B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on-going project responsibilities.Aqualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement.RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met.
C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only).
SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A. The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition,to liability
insurance it may currently carry,or shall procure a new policy of liability insurance,In a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured,or suffer
damage to property,while present at the range facility to which this grant is related,or by reason of being in the vicinity of that
facility;provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person.
B. The liability insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO
as additional insured and shall be in a farm approved by the funding board or director.
WWRP Project Agreement-RCO#10-1653A Outdoor Recreation Account
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C. The policy,endorsement or other addition,or a similar liability insurance policy meeting the requirements of this section,shall be
kept in force throughout the sponsors obligation to the project as identified in this Agreement.
D. The policy,as modified by any endorsement or other addition,shall provide that the Issuing company shall give written notice to
RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10) '....,
calendar days following any termination of the policy by the sponsor. '.......
E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from Its facilities or j
activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that
program or policy as a part of its application to the funding board.
F. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,
or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates.
I
Any such person,or any other person making claims based on such death,injury,or damage,must look to the sponsor,or
others,for any and all remedies that may be available by law.
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior,for funding assistance from the federal
Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF Slate Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement. The sponsor shall abide by these LWCF General
Provisions,in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO
with reports or documents needed to meet the requirements of the LWCF General Provisions.
SECTION 30. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
• Section 8-Acknowledgement and Signs,
• Section 10-Hazardous Substances,
• Section 14-Stewardship and Monitoring
• Section 22-Provisions Applying to Acquisition Projects,Sub-sections F and G.
• Section 23-Restriction on Conversion of Real Property and/or Facilities to Other Uses,and
• Section 24-Construction,Operation,Use and Maintenance of Assisted Projects,Sub-sections E,F,and G
• Section 25-Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of
the Agreement shall be construed to conform to those laws.In the event of an inconsistency in the terms of this Agreement,or
between its terms and any applicable statute,rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in
the following order:
A. Applicable federal and/or state statutes,regulations,policies and procedures including RCO/funding board policies and
procedures,applicable federal Office of Management and Budget(OMB)circulars and federal and state executive orders;
B. Project agreement including attachments; j
C. Special Conditions;
D. Standard Terms and Conditions of the Project Agreement. 'I
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee.
SECTION 33. LIMITATION OF AUTHORITY Ili
Only RCO or RCO'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 Agreement.Furthermore,any alteration,amendment,modification,or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO.
SECTION 34. 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 in writing,signed by the director,or the director's designee,and attached to the
original Agreement
SECTION 35. APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH '...
The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for,selection for, and scope
of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this
Agreement.
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SECTION 36, SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion
of the project as described in this Agreement.However,the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect
to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common
law,or equity.
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including,but not limited
to,the requirements of the applicable statutes,rules and all funding board and RCO policies,and with the representations of the
sponsor in its application for a grant as finally approved by the funding board
A. For Cause. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreeme nt:
i. In the event of any breach by the sponsor of any of the sponsors obligations under this Agreement;or
f. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director,under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that
any amount paid be repaid to RCO for radeposit into the account from which the funds were derived.
B. Non Availability of Funds. The obligation of the RCO to make payments is contingent on the availability of state and federal funds
through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement In any biennial fiscal period,RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation
to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not
subject to appeal by the sponsor.
C. For Convenience. Except as otherwise provided In this Agreement,RCO may,by ten(10)days written notice,beginning on the
second day after the mailing,terminate this Agreement,in whole or in part. If this Agreement is so terminated,RCO shall be liable j
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
I
termination.
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which
cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request
for a dispute hearing must be in writing and clearly state:
A. The disputed Issues;
B. The relative positions of the parties;
C. The sponsors name,address,project title,and the assigned project number.
In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons
initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair.
Any hearing under this section shall be Informal,with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved.The process may be solely based on written material if the parties so agree.The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the
authority of either or both parties to perform,as necessary,or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be
delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request.
All casts associated with the Implementation of this process shall be shared equally by the parties. '
SECTION 39. ATTORNEYS'FEES
In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs.
SECTION 40. GOVERNING LAWNENUE
WWRP Project Agreement-RCO#10-1 653A Outdoor Recreation Account
Chapter79A.15 RCW,Chapter 266 WAC Pagel5of1s
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This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington.In the event of a lawsuit
involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county
where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe,the following governing ',i
law/venue applies:
A. Notwithstanding the above venue provision,if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance,breach or enforcement of this Agreement,it shall so notify the Tribe. If the Tribe believes
that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall
bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of
the Agreement shall be according to applicable State law,except to the extent preempted by federal or tribal law. In the event
suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court.
B. Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from such a
lawsuit shall be binding and enforceable on the parties. Any money judgment or award against a Tribe,tribal officers and
members,or the State of Washington and its officers and employees may exceed the amount provided for In Section F-Project
Funding of the Agreement in order to satisfy the judgment.
C. The Tribe hereby waives its sovereign immunity to legal actions as may be brought pursuant to this section,and to the
enforcement of any judgment from such legal actions. This waiver is not for the benefit of any third party and shall,not be
enforceable by any third party or by any assignee of the parties. In any enforcement action,the parties shall bear their own l
enforcement costs,including attorneys'fees. _
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SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable.If 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 Agreement.
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Legal Description
Project Sponsor: Kent Parks, Rec&Comm Sery Project Number: 10-1653 A
Project Title: Clark Lake Park Expansion 12 RCO Approval: 11/06/2012
Worksite Name
Property Name
Legal Description '..
Worksite#1 Clark Lake Park
Rockwell Property
The legal description of the property purchased with funding assistance provided through this Project Agreement
(and protected by a recorded Deed-of-Right) shall be amended into the Project Agreement prior to reimbursement
of the final payment.
LEGALCSC.RPT November 15,2012 Page 1
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Eligible Scope Activities
Project Sponsor: Kent Parks, Recreation&Community Services Project Number: 10-1653
Project Title: Clark Lake Park Expansion 12 Project Type: Acquisition '..
Program: WWRP-Local Parks Approval: 11/6/2012
Project Metrics
Project Acquisition
Project acres by purpose type:
Developed Recreation 0.91
Acquisition Metrics
Property: Rockwell Property (Worksite#1, Clark Lake Park)
Real Property Acquisition '..
Land
Acres by Acreage Type(fee simple):
Lake 0.00
Riparian 0,00
Tidelands 0.00
Wetlands 0.00
Uplands 0.91
Existing structures on site: Structures to be demolished
Clean up of hazardous substances required (yes/no): Unknown
Incidentals
Demolition . . '
Buildings/structures to be demolished: House and detached garage.
Fencing(Acq) li
Number of miles of fencing to be built: 0.17
Incidentals
Survey(Acq)
Acres to be surveyed: 0.91
Administrative Costs(Acq)
ELIGREIM.RP7
November 15,2012 Page: 1 II
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Page 77
Milestone Report By Project
Project Number: 10-1653 A
Project Name: Clark Lake Park Expansion 12
Sponsor: Kent Parks, Rec& Comm Sery
Project Manager: Laura Moxham
r. r
Order Appraisal(s) 1 0101/2 0 1 2
Project Start 11/30/2012
Order Appraisal Review(s) 12/31/2012 '...
I Purchase Agreement Signed 0 1131/2 01 3
Survey Complete 05/31/2013
Baseline Documentation to RCO 05/31/2013
Acquisition Closing 0 513 112 01 3
Cultural Resources Complete 05/31/2013 -
I Progress Report Submitted 07/31/2013
Recorded Acq Documents to RCO 0 7131/2 0 1 3
I
Demolition Complete 1013112013
Noxious Weed Control Complete 10/31/2013
Fencing Complete 11/30/2013
Funding Acknowl Sign Posted 1113012013
Agreement End Date 12/31/2013
Final Billing to RCO 01/15/2014
Final Report in PRISM 02/28/2014
X=Milestone Complete
1=Critical Milestone
1MILESTO.RPT November 15,2012 Page: 1
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Press Release Template
Kent Parks, Recreation & Community Services offered grant to acquire land for a
future local park.
(Kent)-Kent Parks, Recreation&Community Services was awarded a grant of$125,120.00 from the
Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks category. The
grant was awarded by the Recreation and Conservation Funding Board(RCFB),and will be used for the
following:
Kent Parks, Recreation and Community Services will use this grant to buy 2.2 acres to
expand Clark Lake Park.The 131-acre park is located centrally on the East Hill of Kent,
where about 80 percent of the city's residents live,and surrounds the 7-acre freshwater
lake.The land includes 30 feet of lake shoreline and about 10,000 square feet of the lake.
Without this property, the City's goal of turning the existing 2 miles of trail into a loop
around the lake would not be possible.The upland portion of the property likely will be used
for future park amenities and will allow the City to keep the middle of the eventual 167-acre
park as natural as possible. King County begun to assemble the land around Clark Lake in
the 1990s and since annexation into Kent in 1997, Kent Parks has more than doubled the
size of the park.This is one of the remaining four key parcels to complete the park.The
owners have expressed a desire to sell and it is vital for the City to take advantage of this
rare opportunity.The City will contribute$403,900 in cash and a local grant.
I
There were sixty-three applications submitted for consideration in the Washington Wildlife and
Recreation Program, Outdoor Recreation Account, Local Parks category. Each project went through an _
evaluation process prior to being recommended for funding. The RCFB Board approved funding for
projects on Wednesday,June 22,2011.
Funding for the Washington Wildlife and Recreation Program, Outdoor Recreation Account, Local Parks
category comes from the sale of state general obligation bonds. Kent Parks, Recreation&Community
Services will leverage local contributions totaling$125,120.00 with grant monies to implement the
project. Total estimated project cost is$250,240.00. RCFB is the state's administrator of the grant
program.
Contact: Brian Levenhagen, (253)856-5116(sponsor project manager)
Laura Moxham, (360)902-2587, laura.moxham@rco.wa.gov(RCFB project manager)
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
__11I=® Fax: 253-856-6050
KK FE 1N T
WAS INGr° " Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 17, 2013 1
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director of Parks, Recreation & Community Services
SUBJECT: 2012 Fourth Quarter Report - INFO ONLY
[MOTION.
INFO ONLY
SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services,
will highlight division programs and services, as well as in-kind, and/or cash
contributions received during the fourth quarter of 2012.
EXHIBITS: None
BUDGET IMPACT: None
i
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Parks, Recreation and Community Services
2012 Fourth Quarter Report
Senior Center
Program / Service Highlights
A new series of programs launched in October - "Dinner & Music at Kent Place." The first
evening featured hors d'oeuvres, a Medicare Open Enrollment workshop, homemade pizza
dinner, followed by the Richard Dean Jazz Combo and mocktails. Advanced tickets were
$2.00, $8.00 at the door. Over 75 attended. SHAG co-sponsored. The next evening
event will be in February.
This year's Holiday Craft Market was an overwhelming success. Over 2,000 shoppers
visited the 70+ vendor booths, the bake sale, and the fundraiser lunch. Vendor
evaluations scored high in all areas. Outstanding arts and crafts and holiday music made
for a very successful 2 days. The event netted over $8,000.
Holiday events were celebrated including the annual Thanksgiving and Christmas
luncheons. Kent Police helped to set up, serve and clean up at the Thanksgiving event
and the Firefighters Foundation sponsored the Christmas lunch in honor of volunteers and
also helped with set up, serving and clean up. Some holiday trips included "A Christmas
Carol" at ACT, the Holiday Parade of Lights cruise, and Fantasy Lights and dinner.
Valley Cities Counseling Wellness program held Be Well workshops that helped
participants get through what can be a difficult holiday season for many.
Performance Outcomes
1. How much did we do?
Number of duplicated visits to the facility 26,301_
Number of classes, workshops, trips 76
Number of registered participants 17 1515
2. How well did we do it?
Percent of classes, workshops at or above enrollment target 90%
Percent of trips at or above enrollment target 85%
Percent of classes/trips completed 88%
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3. Is anyone better off?
Percent of participants reported a quality of life benefit 1 90%
From a thank you to Stafford Suites who is sponsoring color covers on the Senior Center
brochure - "You would not believe all of the positive comments from the folks about the
current color brochure. 'Look at this - color', `WOW', 'I am so proud of our new brochure'
- Loretta."
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Vendor comments after the Holiday Craft Market - "You guys rock, great team effort",
"Beautifully organized!", "Great show, always my best!", "As a first timer, this was a great
show".
"I am so grateful for this facility and I pray you will always be here for so many people
that need you and rely on your special attention to all of us."
Ruby
Adaptive Recreation/Youth and Teen Services
After school Sports and Cooking clubs at Mill Creek and Meridian Middle schools are
getting good participation. The teens are not only having fun but learning valuable skills
they can use in the future at the same time. For example, teens have learned how to
cook several dishes and desserts. Some of the favorites include; chicken pot pie, pad
thai, spring rolls, vegetable soup and enough sweets to supply the whole family during the
holidays. A couple teens even bragged about cooking a meal for their family, which I'm
sure any parent would appreciate. In our sports club, teens were involved in a variety of
different activities including full-court basketball, soccer, baseball, ultimate Frisbee and
kickball. Feedback from the teens told us that they loved coming to program not knowing
what the sport of the day would be... and were certainly never disappointed.
MONTH MILL CREEK # OF DAYS DAILY_ AVERAGE
October 253 10 25
November 127 6 21
December 137 6 23
MONTH MERIDIAN # OF DAYS DAILY AVERAGE
October 253 10 25 _
November 100 6 17
December 76 5 15
Meridian Late Nite has been very consistent with an average of 25-31 participants every
Tuesday night. We continue to offer full-court open gym basketball and social
atmosphere that teens enjoy.
MONTH MERIDIAN LATE NITE # OF DAYS DAILY AVERAGE
October 117 4 29
November 93 3 31
December L 50 , 2 25 _
Life at Kent Parks Community Center couldn't be better. New teens come through the
door everyday looking for programs to get involved in and/or to meet up with or make
friends. All programs are running strong and of course Full-court basketball, soccer and
breakdancing continue to be the biggest draw. We have also seen a large increase in
participation with our game room and video game tournaments... could it be the prizes?
In other exciting news, we finally put together a talent showcase with 7 different acts.
There were a few solo guitar solos, a dance group, a band, a breakdancer, a solo female
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vocalist and a rap artist who did a performance based off a song he recorded at the KPCC
music studio with one of our staff Melvin Fields. Everyone loved the show and even Mayor
Cooke was impressed when she came out to support. Two other great events that took
place at the Kent Parks Community Center were our annual Thanksgiving and Christmas
Dinners. Over 100 teens came out to eat their fair share of chicken, pizza, mashed
potatoes, rice, rolls, desserts and more. We even had a raffle with 10 full cakes and $25
target gift cards for the winners. Both events were a huge success and we could not have
done it without the support of our awesome staff and community volunteer Tye Whitfield.
Thank you so much.
For the year 2012 KPCC had 26,234 visits to the center for an average of 115 participants
per day. The numbers of visit are up by
9,569 from 2011.
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MONTH KPCC # OF DAYS DAILY AVERAGE
October 2,789 26 107
November 2,456 22 112
December 1,622 16 101
Camp Waskowitz annual concert/comedy fundraiser raised $9,920 to help send kids to
resident camp.
Studio 315 continues to be in high demand and by far the most popular program.
Participants enjoyed Wacky Hair Night, Face Painting and Temporary Tattoos, and a
Holiday Dinner Party at the Sr. Center. With 11 service days and 115 participants
registered, served 1,265 duplicated participants this quarter.
11 community outings this fall, included a visit to the Cedar River Watershed, making
pretzels at Auntie Anne's Pretzels, Crystal Mountain Gondola Ride, and the annual
Victorian Country Christmas Fair.
6 trips, 10 participants registered for a total of 60 participants.
2 trips, 12 participants registered for a total of 24 participants.
® 2 trips, 13 participants registered for atotal of 26 participants.
a 1 trip, 15 participants registered for a total of 15 participants.
Creative ArtSpace:
Tuesday am - 10 service days, 13 registered, 130 duplicated participants.
Thursday am - 10 service days, 15 registered, 150 duplicated participants.
Thursday pm - 10 service days, 7 registered, 70 duplicated participants.
Adult cooking class continues to fill up fast each quarter and has waitlists. 13 registered
participants, 10 sessions, 130 duplicated participants served.
Bowling is our second largest sports program, right behind spring quarter sports. 58
bowlers, 10 service days, 580 duplicated participants served. 49 bowling participants
attended the Regional Special Olympics Tournament at Secoma Lanes in Federal way on
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November, 4th. All together Kent Parks brought home 13 gold medals, 6 silver medals, 10
bronze medals and several honorable mentions.
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Swimming 10 am Class — 8 Service days, 14 registered, 112 duplicated participants.
Dolphin Swim Team — 8 service days, 12 registered, 96 duplicated participants.
Access the Future Computer Classes held 2 full rosters of 7 registered participants each
class, 10service days, 140 duplicated participants.
Individual sports, which are tennis and karate each class is taught by a professional in
that area.
• Tennis — 9 services days, 5 registered, 45 duplicated participants.
• Karate — 12 service days, 4 registered, 48 duplicated participants.
Kent Cheer handed medals out the Special Olympics Bowling athletes for their fall
community service project. With 10 service days, 9 participants, 90 duplicate participants
served.
The newest program, Zumba Gold and Zumba Toning were very popular and got off to a
great start.
• Zumba Gold had 10 sessions, 10 registered, 100 duplicated participants
• Zumba Toning had 10 sessions, 4 registered, 40 duplicated participants.
Flexi Fit and Fun had a stellar quarter with 2 full classes.
2:30-3:30 pm class — 10 sessions, 12 registered, 120 duplicated participants.
3:45-4:45 pm class — 10 sessions, 8 registered, 80 duplicated participants.
Adaptive Recreation (all programs)
1. How much did we do?
Number of duplicated visits to the facility 3,685
Number of classes workshops, trips 47
Number of registered participants 438
2. How well did we do it?
Percent of classes, workshops, trips at or above enrollment 100%
target
Percent of classes completed 100%
3. Is anyone better off?
Percent of participants reported a quality of life benefit _ 95010
Holiday camp has been a small yet energetic group this year. We are located at the Kent
Commons during the Kent School District break and have enjoyed playing group games
(sprout ball has been the favorite so far) and being artistic during arts and crafts. The
kids especially loved playing BINGO for prizes that were donated by the Kent Fire
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Department- they were all winners that day and were so proud to show off their prizes to
their parents when they were picked up from camp.
After School Energy 9 Sites
1. How much did we do? �
Number of duplicated visits to the program 3,678 ;
Number of classes 10�
Number of registered participants 418
2. How well did we do it? _
Percent of classes at or above enrollment target 55%
Percent of classes 88% of target enrollment or better 88%
3. Is anyone better off? _
Percent of participants reported a quality of life benefit 95%
(answered Most of the Time/Sometimes)
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Parents are pleased we are encouraging their children to be physically active; many have
mentioned their child rarely gets up and active outside of the time they spend at After j
School Energy.
The kids enjoy learning and playing new games every week. We have played Pac Man j
Tag, Watch Your Back, Danish Rounders, Shipwreck, Star Wars, Ice Man, Bench Ball,
Human Pinball, Capture the Flag, and Car Keys.
C-21 Partnership
Program/Site Service Days Average Attendance
Neely O'Brien 5 40
Martin Sortun 2 40
We have had a fabulous time with the C-21 participants. The teachers are very
enthusiastic with their support of our activities and the kids were super excited when they
are with us. The teachers have mentioned that they use Kent Parks as a reward to make
sure every participant turns in all of their assignments.
The Mobile Technology Bus was having a successful quarter until it was announced the
program had been included in budget cuts for 2013. Big Blue had over 100,000 visits
during the 15 years it was in operation.
The bus and staff participated again, for the 8th consecutive year, in a special holiday
community party on the West Hill of Kent where over 270 children were able to receive
holiday gifts through the partnership established with the Kent Fire Department Toys for
Joys program. Current plans for the bus are unknown.
After-School All-Stars at Meeker Junior High has been a welcome program by staff and
students of the school. This year's revamped programming has been popular. Current
programming includes cooking and sports. While we are subject to facility usage due to
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after school sports and school activities, we are remaining flexible to be able to provide
quality programming to keep interest peeked.
Students are learning a variety of cooking techniques focusing on health, cooking from
scratch and on a budget. Preparations vary from all five categories of the food pyramid
and a cook book is being developed for participants featuring staff and students favorite
recipes. We have also been focusing on fine dining techniques in preparation for a special
dining event being developed by the students for the end of the school year that will also
include music during the meal. Cheesecakes, enchiladas, stuffed French toast and a
variety of other items have been made. Our students have reported that they have taken
the recipes home and made meals for their families as well as discussing classes. Sports
have varied from outdoor sports such as soccer and football and indoor sports have been
mainly "team focused basketball" (including drills, plays and being coached by staff).
Program ran 24 times with 410 students participating. A slight decrease in numbers near
the end of 2012 due to our participants being involved with sports and some
transportation issues.
The Totem After School All-Stars program originally agreed upon with FWSD was replaced
by a Century 21 Grant Program by the district thus eliminating the program for this year
at Totem. With their grant being new, they wanted to focus on their staff implementing
the program. The administration is open to revisiting adding all-stars next school year.
Negotiations and planning have been in the works with Nike Housing on the West Hill of
Kent to provide a program similar to Afterschool All-Stars at their complex. This program
will include allowing students from the surrounding neighborhood to participate. Contracts
between Kent Parks, Nike Housing, Multi-Service Center and King County are still being
reviewed by the city's law department. Upon agreed upon terms of facility usage, the
program is slated to begin sometime mid-January. This is a transitional housing complex.
Totem Late Night has continued to grow in popularity. Program runs on Fridays that the
school is open from 5:00 pm - 9:30 pm and is open to grades 6th - 9th to attend.
We provide a safe programming environment where teens have to opportunity to
participate in athletics of varying types, including basketball, wall climbing, indoor soccer,
touch football, wiffle ball and more. Each Friday, there are a variety of arts and crafts
projects, board games available and will soon be implementing a Wii gaming system that
will include tournaments. Cooking class is available for students to prepare low-cost
snacks for participants. At times we have been able to provide snacks for all participants
for as little as 9 cents per participants, while at the same time teaching proper food
handling techniques, discussing food budgets and healthy eating. Some of the foods our
teens have enjoyed making are quesadillas, enchiladas, holiday cookies and the good old
Peanut Butter and Jelly.
9 service days with 442 participants.
Work Your Way Back. Through a partnership with the Kent School District, Kent Parks,
Kent Youth and Family Services and East Hill Community Network Council students who
have been suspended have an opportunity to work their way back into school. The times
consists of a variety of daily activities from community service, to working in a restaurant,
to getting help making up lost and late assignments. There is also a counseling portion to
the program. Kent Parks role is on Mondays and Wednesday during the morning. Staff
escorts the participating student to Morrill Meadows Park on the East Hill of Kent where
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they perform a variety of community service projects directed by Kent Parks maintenace
staff. Students have cleaned the park and been focusing on removing large sections of
blackberry bushes. There activities give the participants in the program a chance to work
alongside one another in an attempt to achieve a common goal. While working students
share in their stories and get positive feedback from our staff. The program has run 12
times and utilizes on average 4 students per Monday and Wednesday.
Cultural Programs Division
Performing Arts
Steve Lippia kicked off the 2012-2013 Spotlight Series Series with his "Simply Sinatra"
show on Friday, October 19 at 7:30 p.m. at Kentwood PAC. An enthusiastic audience of
119 enjoyed the show. The annual Magical Strings Celtic Yuletide Concert had an audience
of 200 on December 2 and 335 people enjoyed Popovich Comedy Pet Theater on
December 13,
Visual Arts
The Arts Commission voted to de-accession A Wacky Bird Refuge (Ruth Tomlinson, 1999)
from the City Art collection after a tree fell on the piece. The piece was a community-
participation, Reclamation Art Project located at Linda Heights Park. It was made of wood
and had lived its `natural life" in the outdoor elements.
Restoration work on three pieces is underway during the winter months:
-Three Friends Fishing Poles by Steve Jensen (Three Friends Fishing Hole)
-Cedar and Salmon Totem by David Boxley (Old Fishing Hole)
-Whirligig Sculptures by Tina Hoggatt (Lake Meridian Park)
Paintings by Blanca Santander were on display in the Centennial Center Gallery during the
months of November and December.
Work on collection documentation/signage/cataloging continues.
Christmas Rush Fun Run
The 301h annual Christmas Rush Fun Run was a great success on Saturday, December 8.
2,609 people were registered for the event and 2,370 crossed the finish line. More than
600 kids under the age of 13 ran free courtesy of a sponsorship from MultiCare. Long-time
sponsor Tab Wizard distributed 1,000 candy canes and 625 stuffed animal toys to children
participants. Approximately 850 runners and walkers took advantage of the early packet
pick up that was offered at Road Runner Sports prior to event day. Fun fact: 2,275 bottles
of water were consumed.
Give Me Culture Grant Program
$1,000 was awarded to Neely O'Brien Elementary School for their production of The
Jungle Book.
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Performance Outcomes
1. How much did we do?
Number of events 5
Combined attendance at events 3,338
Number of educational outreach activities 0
Attendance at educational outreach activities n/a
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2. How well did we do it?
Percent of people attending performances that agreed or strongly 97%
agreed that the cost/value of the performance was good.
Percent of people attending performances that agreed or strongly 100%
agreed that thequality/content of the performance was good.
Percent of people attending performances that reported they would 980/0
recommend Summer Concert Series to others.
3. Is anyone better off?
Percent of Spotlight Series audience members that agreed or strongly 71%
agreed the performance they had just attended broadened their
cultural horizons.
Percent of Spotlight Series audience members that agreed or strongly 59%
agreed the performance they had just attended provided an
opportunity for social connection.
Percent of Spotlight Series audience members that agreed or strongly 72%
agreed the performance they had just attended helped them relieve
stress.
Recreation Division (Kent Commons Community Center)
Combining the private rentals and program participants the Kent Commons Community
Center had over 54,000 visitors in the 4th quarter. There were 17 private rentals alone
that had a combine 11,800 people in attendance. The close proximity of Kent Station is
becoming increasingly popular with private rental and trade show organizations. j
The Recreation Division had 199 volunteer coaches this quarter that logged in an
incredible 4,095 hours in volunteer services. Many programs could not happen without the
support and dedication from the community. Volunteers are parents, teachers, business
owners, grandparents, aunts & uncles, and interested citizens that help out 2 to 3 times a
week through the season mentoring youth in the community.
Outstanding
The Kent Parks, Recreation & Community Services Holiday Dance Recital was held in
December at the Kent Meridian High School Performing Arts Center. Youth enrolled in
Kent Parks Youth Dance classes practice for months in preparation for the event. There
were 2 sold out shows with standing room only with over 780 spectators and 320
performers involved in the recital.
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There will be 113 teams and 1 115 area
Youth Basketball registration began this quarter. !
elementary and junior high school youth involved in the program. Games and practices
are held in 26 Kent School District sites and the Kent Commons Community Center. Over
150 volunteer coaches are scheduled to help with these programs.
Youth Girls Volleyball and Youth Boys Flag Football had a total of 31 teams and 316
participants. Practice & games were held at Kent School District and Kent Parks sites.
Youth Soccer (grades K-6) runs September, October, and November to finish the season.
The program had 96 teams had 960 participants involved. There were 2 "Jamboree
Saturdays" held at Wilson Playfields to kick off the soccer season which had over 1,200
spectators and participants involved each day. It takes over 100 volunteer coaches to help
make the season possible.
There were 549 classes offered in this quarter. A very popular class in the winter months
is Indoor Park which is held at the Kent Commons Community Center. It is a popular
drop-in and open play program for children ages 10 months to 5 years. The program
begins in the Fall season on October 9th. The program brings in many first time
participants to the Kent Commons Community Center which provides a warm and safe
setting for this great interactive activity for parent & child. There were 890 participants
involved this quarter.
Adult Volleyball had a total of 32 teams and 384 participants involved in play. Games are
scheduled at the Kent Commons Community Center.
The Recreation Division employed 33 sport officials during the 41h quarter. Many are local
senior high school students. The Parks Department provides clinics and training to prepare
them for the season.
The City of Kent Police Department scheduled the Game of Life Youth Conference at the
Kent Commons Community Center in December. The 2 day event brings in many local and
regional high school students to the Kent Commons Community Center.
1. How much did we do?
Number of Recreational/Cultural Educational 549
Programs _
Hours worked by volunteers 4,095
Youth Sports Sponsorships $9,700
2. How well did we do it? Response on next report
Percent of classes, programs at or above enrollment 95%
target �
Percent of participants that reported the content and Response on next report
quality of the program was excellent, very good, or
good
Percent of participants that reported the staff and Response on next report
instructors were excellent, very ood, or qood
3. Is anyone better off? Res onse on next re ort
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Facilities f
Program/Service Highlights
• Hired Tony Thiessen- as Maintenance Supervisor.
• Preventive Maintenance of HVAC Equipment- All Buildings.
• Correct Deficiencies in Fire Systems- All Buildings.
• Revised Custodial Crew Work Flow to Compensate for Employee Layoff- All Buildings.
• Expanded Desk Side Recycle Program - Centennial 3rd Floor, City Hall, City Hall Annex,
Commons, Adaptive Recreation/Youth & Teen, Police Headquarters, Public Works/Parks
Maintenance Shops, Senior Center.
• Nearing completion of work on storage area for PW Engineering- Centennial Center
Garage.
• Removed Old Boiler, Install and Startup of New Energy Efficient Boiler- Centennial
Center.
• Assisted with setup and cleanup of Giving Campaign- City Hall.
• Remodel in Progress- City Hall, I.T. Server Room.
• Installed Mitsubishi Units, Electrical Panel and Service Connects, Circuit Change Out on
Main Panel- City Hall, I.T. Server Room.
• Window Removal and Installation of New Louvers- City Hall, I.T. Server Room.
• Custodial Crew Provided Additional Assistance for the Holiday Craft Market and Holiday
Bazaar- Commons, Senior Center.
• Painted Interior- Corrections, Fire Station 75.
• Relamped the four courtrooms with LED lamps for the recessed light fixtures - Court
• Commissioned with Brian Levenhagen and Hope Gibson for Concrete/Landscape Work-
Court.
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• Public Works Completed Survey Work- Court.
• Electrical Panel Change Out for Main Distribution Panel- Riverbend Golf Course.
• Installed Electrical Panel and Drops for Cart Barn Chargers and Drops- Riverbend Golf
Course.
• Provided Chairs for Judges and Press at Skate America Event- ShoWare Center.
• Simultaneously completing Work Requests.
• Floors Refinished
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® Main Hall- Commons.
® Scrubbed and Finished New Floor- I.T. Server Room.
Carpets Cleaned
® Centennial, City Hall, Commons, Court, Police Dept. & Substations.
Performance Outcomes
1. How much did we do?
Number of Work Orders 508 t
Court Remodel 1
2. How well did we do it?
Number of Work Requests Closed 469
Percent of Work Requests Closed 92%
3. Is anyone better off? _
Well maintained City assets.
Inviting and comfortable Buildings for Citizens and
Employees. i
Housing and Human Services
Program / Service Highlights
Home Repair served 108 unduplicated clients in 2012. 73 of the new clients were from the
Panther Lake annexation area. 18 new households were served during the 4th Quarter (16
of whom were seniors and/or disabled).
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Twenty-nine agencies are being funded by the general fund and CDBG to provide services
through 34 programs in 2012. All programs were on track to meet annual measures.
Fourth Quarter performance measures will not be available until the end of January 2013.
Sound Mental Health closed Safe and Sound, the secure visitation facility for families of
domestic violence, after the OVW federal funding associated with the program ended. It
was originally a pilot program managed by our Human Services division (called Safe
Havens). Several years ago management of the program was transitioned to Sound
Mental Health.
Staff completed and submitted the 5-Year Consolidated Plan for Housing and Community
Development (which provides a framework for implementing housing, human services and
community development activities from 2013-2017). This is the third five-year update to
the Consolidated Plan prepared by the City of Kent since it qualified for Community
Development Block Grant funds as a direct recipient in 2003. The Plan can be viewed at
the following link: 2013-2017 Consolidated Plan and will be presented at the next Parks
and Human Services Committee meeting.
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The Kent Taskforce on Homelessness completed its work in September 2012 and
recommended that a community-lead steering committee be created to research the
feasibly and development of a 24 hour shelter in Kent. This steering committee was
created and met twice during the &t quarter of 2012. The steering decided not to meet in
2013 after learning that KentHOPE and Union Gospel Mission plan to open a day center
and shelter facility in 2013 on their own and without the input or collaboration of the
steering committee. Instead, individual members of the steering committee will work with
the Kent Chamber of Commerce and Downtown Partnership on the day center site in
downtown Kent. The steering committee did request Kent Human Services staff follow up
with Kent Police Department and the City Attorney's Office regarding civility laws and
coordinate with the Planning division regarding the permitting process of a shelter. This
work should be completed in early 2013.
City staff from Kent, Bellevue, and Redmond met several times to work on the second
phase of the Human Services Funders Collaboration (HSFC) online application process.
The second phase of the project is related to the reporting process. Currently agencies
submit a separate quarterly report and invoice to each City funding their programs. Nearly
every city utilizes a different form and has different reporting requirements. The goal for
2013 is that agencies will submit one common online report through the same portal used
for the online application process. 19 cities will utilize the online reporting system.
Kent staff continue to actively participate on the Committee to End Homelessness in King
County (CEHKC), representing South King County Cities on both the Interagency Council
and the Funders Group of the Committee to End Homelessness in King County. Each of
these groups meet monthly and are responsible for development, planning and funding of
the countywide activities aimed at ending homelessness.
City staff from Kent, Bellevue and Seattle are co-chairing the countywide task force
charged with exploring our shelter system for single adults and recommending
improvements that move more folks into permanent housing and improve capacity. Final
recommendations will be presented to the CEHKC Governing Board in January 2013.
Kent Staff participated in the review of the 2013 NOFA process for countywide homeless
housing and services. There were very few new projects requesting funds and all were
located in Seattle. Funding for existing projects was very competitive as available funding
was much less that when the five year NOFA awards were originally made. Staff may have
to work with agencies on transition strategies that help them move away from expensive
support services with a goal of keeping people housed.
The Human Services Commission and staff developed and recommended a new funding
strategy to Council. In 2011, Human Services requested a budget adjustment of $95,000.00
for 2012 due to a significant decrease in the human services 1% funding allocation. The
request kept funding at an even level. At that time staff reported that the Human Services
Commission would be researching and recommending a new funding strategy to Council in
2012. Staff and the Commission recommended Council adopt a new ordinance for per capita
funding, creating a stable funding source. The ordinance was passed by Council at the
December 11, 2012 meeting at $6.96 per capita in 2013, with a CPI escalator every funding
cycle commencing in 2015. The CIP will not exceed 3% or drop below 0.
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Performance Outcomes
Increased knowledge of community resources
1. How much did we do?
Number of homes receiving Home Repair Services 18
Number of resident households receiving Housing Stability 9*
assistance
Number of residents assisted by Safety Net Service 81222*
Number of cases handled by Indigent Counsel Services 267*
2. How well did we do it?
Percentage of residents accessing Indigent Counsel Services 10000
3. Is anyone better off?
Percentage of Home Repair clients rating program ood or better N/A**
Percentage of resident households receiving Housing Stability N/A**
assistance still housed after six months
Percentage of residents using Safety Net Services that increase N/A*
family self reliance
Percentage of residents satisfied with Indigent Counsel Services N/A*
*Final numbers available January 10, 2013
**Data available February 2013
Increased stability of community resources
F-1. How much did we do?
Number of human service providers/program that received 29/29
funding.
Number of human service providers that received training and/or 3
technical assistance.
Number of funded agencies meeting performance targets 29
2. How well did we do it?
Percentage of human service providers/program that received 100%
funding.
Percentage of human service providers that received training 10%
and/or technical assistance.
Percentage of funded agencies meeting performance tar ets 100%
3. Is anyone better off?
Percentage of funded human service providers/program that were N/A*
satisfied with contractual relationship with the city.
*Data available February 2013
*Over 1,500 families received Thanksgiving baskets from the Kent Food Bank in
November.
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*Over 2,000 children received toys for the holidays through the Kent Food Bank and
Regional Fire Authority in December.
Parks Planning & Development
Program Highlights
Green Kent Partnership restoration and planting events predominated during the fourth
quarter. In addition to ReLeaf, the first Green Kent Day and a special grant-connected
planting event at Earthworks Park; there were five Steward-managed events. Students
and adult helpers from five elementary schools (347 total) planted native trees and
shrubs at Clark Lake Park during fall Plant the Planet field trips, and five of the seven
Eagle Scout projects completed this quarter included restoration. Unrelated to Green Kent
work: Master Gardeners submitted their annual hours maintaining the gardens at Neely-
Soames: 28 volunteers contributed a total of 655 hours.
Project Highlights
Coordination on PW projects:
• Three Friends Park (under construction)
• Riverview Park (final punchlist)
• Green River Trail at Russell Road and James (in design),
• Neely Soames House along the Green River Trail (in design)
• Boeing Rock (in planning)
• Linda Heights Pump Station (in planning)
• Downey Farmstead Restoration Project (in planning)
Coordination on Planning projects:
Downtown Strategic Area Plan
Park projects:
• Renovations to downtown plant beds (complete).
• Renovation of Seven Oaks Park (in design—responding to public comments).
• Renovation to entryway at Municipal Court building (in design).
• Renovation to playground at Turnkey Park (in design).
• Continued a data-collection program to help obtain a more precise understanding of
park usage patterns. One aspect of the program involves having maintenance
workers perform park counts as they make their regular rounds. So far they have
collected over 3100 counts. Another aspect involves utilizing surplus Public Works
traffic counters to count vehicles in our parking lots. This data will help inform
future park development and redevelopment efforts.
Performance Outcomes
1. How much did we do?
Number of volunteer events 23
Total number of volunteers 1083
Total number of volunteer hours 3,629.5
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Number of Ea le Scout projects completed 7 _
Number of coordination projects 8
Number of park projects 5
2. How well did we do it?
New trails constructed- linear feet 380
Square feet cleared at Green Kent events 16,157
Number of trees/shrubs planted 3,358
Cubic yards of chips s read 140
Green Kent e-newsletters generally tracking upward:
November: sent to 1,774; 225 opens, click to open rate 12%
October: sent to 1,781; 199 opens, clock to open rate 11%
September: sent to 1,811; 252 opens, click to open rate 19.4%
August: sent to 1,862; 234 opens, click to open rate 7.2%
July: sent to 1,827; 357 opens, click to open rate 8.56%
June: sent to 1,700; 335 opens, click to open rate 6.84%
May: sent to 1,624; 416 opens, click to open rate 17.96
3. Is anyone better off?
Following the inaugural.Green Kent Day event, we surveyed the
Stewards who attended and served as crew leads. When asked if they
felt it was worth your time to come, one responded, 'Absolutely! I
had an amazing time! And I was so highly impressed by the turnout, j
considering the nasty weather we had. It warmed my heart to see
such a dedicated group of people! I can't wait for next year's event!"
Riverbend Golf Complex
Program Highlights
The fourth quarter started out on a record pace with great weather the first two weeks of
October, followed by over 15 inches of rain the next 45 days and a very wet December.
The total rainfall for the quarter was 22.04 inches, which is 47.5% more than the average
rainfall of 14.94 inches for the quarter. To put things in prospective, 22.04 inches of
rainfall equals a daily average of just under a quarter inch of rain per day average.
As a result of the increased rainfall rounds of golf at both golf courses were down for the
quarter. Rounds of golf at the 18 hole golf course were down 11.0% for the quarter
compared to 2011 and rounds of golf at the Par 3 golf course saw a bigger impact with
play down 17.9% for the quarter.
Driving range and merchandise center sales were up for the quarter. Driving range sales
were up 8.9% compared to 2011 due to a successful marketing campaign of range pass
on Groupon. At the merchandise center retail sales were up 7.8% compared to the fourth
quarter of 2011 thanks to an increase in sales on the Winter Demo Day.
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Performance Outcomes
1. How much did we do?
Rounds of Golf at the 18 hole golf course 8,123
Rounds of Golf at the Par 3 golf course 2,508
Driving Range sales $108,043
Merchandise Center retail sales $74378
2. How well did we do it? Compared to 2011
the 18
lf
Rounds of golf at the Par 3 IgofocouorseSe -17.9%
Driving Range sales +8.9%
Merchandise Center retail sales +7.8°/o
3. Is anyone better off? Yes
Golf is a weather dependent recreational activity, the few days
that it didn't rain in the quarter golfers were back and eager to play.
Parks Operations
Program/Service Highlights
Downtown core
Town Square hosted Winterfest in partnership with the Kent Lions club. The City tree
lighting and light show was well attended. The fountain is currently shut down for the
season as well as to allow maintenance and repairs to the pumps and support systems.
The planter barrels and landscape islands have been planted for the fall/winter season.
New this year is the renovation of the landscape islands on Meeker St. including new
irrigation, soil and plants
Green Kent/Community/Volunteer events
October is perennially one of the busiest months for volunteer and Community events.
The inaugural Green Kent day was a success with volunteers and staff removing invasives
and replanting in the mitigation site at Morrill Meadows Park. The fall is also the
completion of the Plant the Planet program with students returning the trees to park sites
working with staff to plant seedlings.
Athletic complexes
Three of the athletic complexes are quiet for the fall but maintenance and servicing of
building systems continues. The electrical system at Service Club has required significant
trouble shooting to locate the source of issues for parking lot lighting and the scoreboards.
These will be repaired prior to the start of the season in the spring. Service Club Ballfields
will be hosting the Christmas tree recycling event the first week of January.
Community Parks
Three wells on the Clark Lake property ,were decommissioned working in conjunction with
Public Works. One will remain as a monitoring well for water quality testing. The clean up
and tree maintenance from the ice storm earlier in 2012 continues in several of the
community parks. The security systems in several of the concession stands and utility
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buildings is being reviewed and updated this winter. Vandalism remains a persistent issue
at several Neighborhood and Community parks requiring moderate repair and cleaning to
park amenities.
Maintenance Project Highlights
Refurbishing of the park name signs is nearing completion. The signs are being restored
and repainted to the new sign colors established several years ago. The concrete bulkhead
at Lake Fenwick was repaired to correct settling issues discovered the previous winter.
Also at Lake Fenwick the elevated boardwalk received much need repairs to the walking
surface to removed trip hazards. The Lake Meridian concession stand is being renovated
and repaired during the winter season.
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2012 Fourth Quarter Contributions Report
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1
Page 101
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Page 106
Page 107
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KENT
'A'A S H IN
G T O 14 Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
January 17, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Jeff Watling, Director of Parks, Recreation & Community Services
SUBJECT: Director's Report - INFO ONLY
MOTION: None, informational
SUMMARY: Jeff Watling, Director of Parks, Recreation and Community Services,
will inform the committee of noteworthy information and upcoming events.
EXHIBITS: None
BUDGET IMPACT: None