HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 09/19/2013 (3) KENT
Parks and Human Services Committee Agenda
Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph
September 19, 2013
5:00 p.m.
Item Description Action Speaker Minutes Page
1. Minutes dated July 18, 2013 - Yes Council 05 01
Approve
2. 2014 Washington State Arts Yes Ronda 05 07
Commission Project Support Grant Billerbeck
— Accept
3. New Connections Lease Yes Alex Ackley / 05 23
Agreement - Authorize Jeff Watling
4. Green Play Agreement — Authorize Yes Lori Hogan / 05 41
Jeff Watling
5. Riverbend Golf Complex — INFO No Pete Petersen 30 63
ONLY / Jeff Watling
6. Director's Report - INFO ONLY No Jeff Watling 05 65
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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KE i Parks and Human Services Committee
Meeting Minutes for July 18, 2013
Council Committee Members Present: Chair Debbie Ranniger, Dana Ralph,
Elizabeth Albertson
Chair Debbie Ranniger called the meeting to order at 5:10 p.m.
Item 1: Minutes of June 20, 2013 - Approve
Committeemember Ralph moved to approve the minutes dated June 20,
2013. Committeemember Albertson seconded. The motion passed 3-0.
Item 2: Riverbend Golf Complex - INFO ONLY
Director Jeff Watling reported that since 2012, staff has provided Council with
reports and informational discussions on the financial situation at the Riverbend
Golf Complex. That led into the budget process last fall and the desire by Council
and staff to create a strategy to get the Golf Fund into a healthier and more
sustainable position financially.
Based on those discussions, Council identified three major issues to seek
resolution:
1. Reinvest Capital funds to an aging complex.
2. Develop a strategy to pay off the interfund loan.
3. Develop ways to handle operational efficiencies.
Taking all of this into consideration, at a discussion this winter with the full Council,
one of the options discussed was reducing the size of the operation of the golf
complex. Within that consideration was whether to sell the Par 3.
The goal of staff was to reach out to the general public and to gather citizen input
for solutions to the current state of the Golf Fund. Two public open house meetings
were hosted at Riverbend on June 15 and July 26. An online survey was posted on
the city's web site to gather information as well. J. Watling thanked
Councilmembers Ranniger, Ralph, and Higgins for attending one or both of the
public meetings. An overview of the meetings and online comments is available for
Council to review. J. Watling felt that both meetings were nicely attended and many
residents expressed their concern with selling the Par 3.
Committeemember Ralph felt that the information shared at the meetings was very
educational and valuable. It was significant to hear how important the course is to
these residents. Committeemember Ranniger agreed and added that everyone who
attended the public meeting offered thoughtful comments, creative suggestions and
shared a willingness to help out and be engaged. She feels they are looking to us to
explore solutions that would allow us to maintain the golf course at a sustainable
level.
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J. Watling summarized some of the comments and concerns from the public
meetings:
• Should the golf course remain an enterprise, or should it be absorbed into
the General Fund Budget?
• The Par 3 golf course is a beautiful gateway into Kent. How do we ensure
it stays that way if it is sold?
• The Par 3 is the only local course that is an entry point to youth, junior
golf, seniors, and beginners. This is an important role for the city. If the
Par 3 is gone, how do we serve these demographics?
• If the golf complex is operated under the General Fund Budget, it would
be operated as a program or service subsidy, with general tax dollar
support - like the Police and Public Works budgets. How would this
addition impact the General Fund budget?
D. Ralph asked what the thought process was when the golf complex was set up as
an enterprise fund. Specifically, was it an auditor decision or policy decision? J.
Watling responded that it was a policy decision by Council and not for statutory
reasons.
Albertson asked for a brief explanation of the difference between an enterprise and
the general fund. J. Watling explained that an enterprise is a separate business unit
within the city budget and is expected to operate on its own through fees and
charges. This includes daily operational and internal expenses, plus all capital
reinvestments. General Fund may have fees and charges attached to a program,
but the support is through general tax dollars. For example, the Senior Center is
partially subsidized and Police is completely supported through the General Fund.
J Watling referenced next steps:
• If Riverbend is still operated as an enterprise and if the city proceeds with
some sale of the complex to reach financial sustainability, we need to
mitigate the impacts to the junior, senior, and beginner groups. Within that,
how do we make the 18-hole more accessible to these groups?
• Work out how to continue to engage our interested audience: the senior
group, Men's Club, Women's Club, Douglass Youth, First Tee and Hi Tee
youth programs.
• Staff needs to continue working with the Finance Department to solve pay
back options and terms for the interfund loan, as well as work with them to
carve out Capital funds for golf course renovations and lifecycle program.
• The city needs to respond to State Auditor on how the city will pay off the
debt.
• Admissions Tax distribution needs to be discussed to see if it can go back to
the golf course budget and identify what that means to the fund.
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D. Ranniger asked about user demographics. Pete responded that because it's a
public course and not privately owned with membership requirements, a variety of
people use the golf course - from juniors to seniors. The typical public base is from
North Tacoma to South Seattle.
D. Ranniger suggested utilizing a portion of the Lodging Tax, since there is local
revenue generated from golf course users.
Committeemember Albertson asked about initiating a resident/non-resident fee. P.
Petersen responded that Riverbend does offer resident discount rates from Monday
through Friday. Petersen added that the golf industry nation-wide has been
struggling and approximately 30% of Par 3 courses have closed. Core golfers want
to play 18-hole courses. There are three Par 3 golf courses in the King County area
and they do pretty well during the user season which is April through September.
Albertson asked, if Par 3 courses are the entry way to golf, where will new golfers
go? She feels the Par 3 brings long-term users to the 18-hole golf course.
P. Petersen said programs like First Tee and Douglass Youth are bringing kids to the
game. The PGA and LTGA have the "Tee it Forward" program that encourages
juniors, seniors and beginners to play on 18-hole courses. Unfortunately, there
aren't a lot of funds available for junior programs.
Committeemember Ranniger referred to other industries and how they handle
budget shortfalls. The City of Renton shuts their pool down during the winter to
safe costs. J. Watling said this relates to operational efficiencies, but won't address
the debt. He added that it is worth considering. Pete responded that both courses
need to be consistently maintained anyway, so there is no opportunity to save
money. Pete said they are considering reducing staff and depending on the honor
system at the Par 3 and Driving Range. Also being considered is reducing hours
during the winter months.
Committeemember Albertson asked what it looks like if the inter-fund debt is paid
off. Pete responded that the 18-hole is 24 years old and the Par 3 is approximately
50 years old. Both courses need new sprinkler heads, controllers, maintenance
equipment, and the turf at the Driving Range needs to be replaced. Parts to
equipment aren't available because they are so old.
J. Watling replied that by law, as an enterprise, if an enterprise owes money to a
city fund, there needs to be a plan to pay it off. The operational budget in rough
numbers is at $400,000-$600,000 per year and includes all the facilities at
Riverbend. Debt repayment could potentially be $200,000 - $250,000 per year,
based on the debit service of $2.25M. This is why selling the Par 3 is even a
consideration. This is a creative but very difficult decision, but it is a way help to
pay off the debt service fund, offer support to operational efficiencies and cover
much of the capital reinvestment. J. Watling confirmed that, even if the complex
was under the General Fund, the interfund loan still needs to be paid off.
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Committeemember Ranniger asked if the city could sell other assets to assist in
paying off the loan. J. Watling said that selling any assets would have to be
discussed with Finance. It depends on how the property purchase was funded. If it
was with grant money, there can be restrictions on how the property can be used,
sold, or renovated. J. Watling agreed it is worth exploring and best to have
representation from the Finance Department to help make that decision.
Committeemember Albertson asked if there would be savings if the budget was
changed from an enterprise fund to the general fund. She also wants to know if it
would affect the internal service charges. J. Watling responded that there are some
intergovernmental charges that are above and beyond internal service charges
because it's an enterprise, adding that the Admissions tax is topic for discussion.
The committee members agreed that these funds should be studied, as well as the
Admissions Tax. Committeemember Ralph wants to know the formula used to
determine the intergovernmental charges - also, where it goes and why the
numbers change. Committeemember Ranniger feels this discussion needs to go to
full Council at a workshop in order to answer many questions.
Committeemember Albertson said she's heard from the community about the entry
being a green gateway into the city and their requests not to get rid of the open
space. J. Watling agreed that he's heard from residents and feels there is public
good derived from that entry point.
Committeemember Ralph asked about getting a list of the suggestions from the
public meetings. J. Watling shared that comments from the public meetings and the
online survey are available and staff will be working through some of the
suggestions. She asked, if a number of the suggestions were implemented, would it
generate enough funds to be considered. Committeemember Ranniger said that this
item should come back to the Parks and Human Services Committee to hear
options before going to a Council Workshop. J. Watling agreed to work on options
to present at a future meeting.
RC Sample attended the meeting and was asked to share his comments. He
acknowledged that government numbers, as they are provided, are difficult to
understand. He asked for public comment and the minutes from the meeting.
Committeemember Ranniger replied that the minutes will be available next month.
Mr. Sample felt the focus on the golf complex issues has been on the expense side
and not revenue - like increasing play at the Par 3. Since play has been down, we
should be able to build it back up by recruiting new players from the other courses
that have closed down, or offer Jack and Jill plays. He said 20% or more of the
players at the 9-hole on Tuesdays are from outside Kent because there are no other
Par 3 courses in the area. He stated that it makes no sense that Par 3 courses are
being sold in order to make ends meet.
Committeemember Ranniger complimented Mr. Sample on his ideas and suggested
that a small task force be created to discuss options for the financial issues at
Riverbend. Mr. Sample is very interested in participating and wants to attend other
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city meetings as well. Committeemember Ranniger let him know that Council
Workshops are open to the public.
Mr. Sample apologized for being a challenge to work with, but explained that he is
very passionate about this issue. He wants to get his hands around the financial
situation and work with the city to make it right. He found it disturbing that the
internal services charges are higher during years that the course was low in
attendance. He understands that city services are necessary in order to operate the
golf complex, and at the same time, the numbers seem very high. After reviewing
the budget line items, he notes that Riverbend is actually doing well and even
paying for city services. He feels that the city is trying to take money from one
pocket and putting it in the other. He thinks the golf course may be run more cost
effectively by using outside services. He questioned the $2.25M loan and referenced
cost allocations. He stated that the property's worth far exceeds the size of the
debt. He wants the city to withdraw from selling the Par 3 and he'd like the
opportunity to assist in finding ways to increase revenue at the golf complex, and
work with the community to find a solution.
Committeemember Albertson referenced last year when the Parks and Streets Levy
was shot down by voters. She feels that Council is receiving a mixed message from
the community. Even though the levy was for park properties and not Riverbend,
the message was strong that the community doesn't want to pay anymore.
As an example of how Mr. Sample feels it doesn't make sense to sell the Par 3, he
said it would be like the city selling a hallmark city structure, such as City Hall,
tearing it down, and putting a double wide on the property for staff to work in.
Second Quarter Reports
J. Watling stated that many great things happened in the second quarter. He
shared that he is extremely proud to work with the Park's team and with Council for
the investments that Council allows us to make in the community. He asked the
committee members to take some time to review the second quarter reports.
Director's Report
Turnkey Park
One of the great projects that staff worked on in the second quarter was at Turnkey
Park with the volunteers, Disney and KaBOOM. The park will be dedicated July 20,
at 4:00 p.m.
Kent Valley Loop Trail
J. Watling distributed a schematic of the Kent Valley Loop Trail. Previously, staff
shared with Council the RFP process for the project. Since then, the Consultant,
Berger Partnership, is on board. Also, an art component has begun through the Arts
Commission. In short, as with all of our projects, we are trying to better leverage
our assets and further take care of what we have to create a great civic asset.
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Two of Council's Strategic goals are to Beautify Kent and Create Connectivity, and
this project exemplifies these goals. Public Works and Economic and Community
Development are integral partners in this effort. Some great outreach efforts will be
launched in the coming months.
The summer programs are going extremely well. Camps, playground programs, and
the Phoenix Academy are all very busy. Phoenix Academy is one of the sites of
National Night Out again this year.
The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Teri Petrole
Teri, Peso-L
Council Committee Secretary
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S. '...
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Ronda Billerbeck, Cultural Programs Manager
THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services
SUB3ECT: 2014 Washington State Arts Commission Project Support Grant
- Accept
MOTION: Move to recommend accepting the $3,950.00 grant from
Washington State Arts Commission and approving the expenditure of funds
in the Kent Arts Commission's budget.
SUMMARY: Washington State Arts Commission (WSAC) has awarded the Kent Arts
Commission a program support grant for 2014. Kent Arts Commission will us the
funding to support the presentation of performances and educational outreach
activities by Keola Beamer, Moanalani Beamer and R. Carlos Nakai (world music
and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and
world guitar) as part of the Spotlight Series.
EXHIBITS: Contract
BUDGET IMPACT: Kent Arts Commission Budget
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WASHINGTON STATE ARTS COMMISSION
Grant Contract
Program: Project Support—LevelB—Midsize Arts OrganizationsFY14
Contract No.2014107
THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711
Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and
Name: Citv of Kent Arts Commission
Physical 220 4th Avenue South
......... "..................
Address: Kent,Washington 98032
Mailing 220 4th Ayenue,Sputh
Address: Kent,Washingmn MR Phone No: 253-856-5050
Web Site: hops://Ivww kentarts com
Washington State UBl: N/A
Federal Employee iD: 91:6001254
DUNS: 20253613
Social Security Number: N/A -
hereinafter referred to as the CONTRACTOR.
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
A. PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the
CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or
program which is related to the conservation and development of artistic resources of the State of Washington.RCW
43,46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30.
B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM
CONTRACTOR shall use fimds provided under this Contract No.2014107 solely for the grant proposal funded
through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of
Work.
C. AMOUNT OF GRANT
Total amount provided under this contract:THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars
(S3,950.00)
1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the
CONTRACTOR.
2. The Commission provides Federal Funds in the amount of THREE THOUSAND NINE HUNDRED FIFTY
AND 00/100 Dollars ($3,950.00)to the CONTRACTOR.
Applicable only if Contract includes Federal Funds:
Federal Catalog of Domestic Assistance No: 45.025
Federal Grant No: 12-6100-2022
Grant Contract No.2014107 Page 2 of 13
Page 10
3. CONTRACTOR agrees to match this grant with cash and/or in-kind resources equal to or greater than the total
funds provided by the COMMISSION.
4. Payments will be made in accordance with the payment schedule set forth in Attachment B.
D. CONTRACT PERIOD
Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend
all funds by the ending date of this contract. The CONTRACTOR shall notify the COMbIISSION immediately in
writing if any portion.of the funds will not be expended by the end of the fiscal year.
E. CONTRACT REPRE SENTATIVES
The following shall be the contact persons for all communications and billings regarding the performance of this
Contract. Either party shall provide written notification to the other of changes in contract representation.
CONTRACTOR's Contract Representative: COMMISSION'S Contract Representative
Name Ronda Billerbeck Name Christel Ratliff
.......... ....... .
and Title: Cultural Programs Managor and Title: Program Coordinator j
Org. City_of Kent Arts CommissionOrg: Washington State Arts Commission-
Name: Name: Grants to Organizations
�20 4th. �vepue.South
Address: Kent,Washington, Mu0 Ol Address: Box 42675
Olympia,WA 98504-2675
Phone: 253-856-5050 Phone: (360)586-0026
....................
E-Mail: rbillerbeck kentwa. ov E-Mail: ehristel.ratliff,,aarts.wa. ov
F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the
COMNIISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any
clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in
writing. See General Terms and Conditions for Contract Amendment or Modification procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including
the following,which by this reference,are made a part of this Contract:
Attachment A: Scope of Work and Reporting Requirements
AttachmentB: Payment Schedule
Attachment C: General Terms and Conditions
Attachment D: Invoice Voucher
Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding
Grant Contract No.2014107 Page 3 of 13
Page 11
H. INSURANCE
Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either
owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile
to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily
injury and$100,000 property damage.
I. ENTIRE CONTRACT
This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other
understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to
exist or to bind any of the parties.
J. FINAL REPORT
The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract
Period ending date.All Final Report materials must be submitted through the COMMISSION's Grants Online
System at httpJ/wsac.culturegrants.org.
i
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this
contract.
City of Ke Arts Commission WASHINGTON STATE ARTS COMMUSSION
(signature ofparty authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director
L I Date:
(printed nante of signatory)
/7
(printed title ofsignatory)
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Date:
APPROVED AS TO FORM:
(Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office)
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Grant Contract No.2014107 Page 4 of]3
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Page 12
GRANT CONTRACT-ATTACHMENT"A"
Scope of Work and Reporting Requirements
Program: Project Support—Level B—Midsize Arts Organizations FYI
Contract No.2014107
CONTRACTOR:City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely
for the services and/or reimbursements described here below:
Project Support assistance with:
Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight
Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as
well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of
world and classical guitar music and two school activities.
Event Announcement and Documentation:
The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public
announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded raider this
contract.The CONTRACTOR will mail such public announcements to:.
Grants to Organizations
Washington State Arts Commission
PO Box 42675
Olympia,WA 98504-2675.
Final Report Obligations:
Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to
Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The
completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations,
5:00 P.Al.,August 1,2014.Final Report Materials mast be submitted through the COMMISSION's Grants Online
System bttp://wsac.culture6rants.org.
Final Report Penalty:
Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted
from any future grant from Grants to Organizations.
Contacting Legislators:
The Washington State Arts Commission's grant programs are made possible by appropriations from the State of
Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit
provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one
letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected
officials are,or need their contact information,go to http//aup leg wa gov/districtfilider.
Logo Credit:
A I SWA �
NATIONAL
WASHINGTON STATE ENDOWMENT
ARTS COMMISSION FOR THE Aars
Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The
ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. If your grant includes federal funding(which
would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts
(NEA)in the same manner as ArtsWA.NEA logos are downloadable at WR'w.artS.goy.
Grant Contract No.2014107 Page 5 of 13 Attachment A ���
Page 13
GRANT CONTRACT-ATTACHMENT`B
Payment Schedule
Program: Project Support—Level B—Midsize Arts OrganizationsFY14
Contract No.2014107 '...
CONTRACTOR: City of Kent Arts Commission
The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section
(2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following
terns and conditions:
1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D
of the CONTRACT;
2. Payments will be made after the expenses for which COMMISSION funds were committed have been
incurred;
3. All requests for payment shall be on the form of voucher set forth in Attachment D.
4. You have the option of obtaining your grant payments via direct deposit through the Department of
Lnterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants-
resources.
5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of
a properly completed invoice,which shall include documentation of authorized expenses.
6. The schedule for payment is as follows:
Month/Year Amount
8/1/2013 $3,950.00
or upon project completion
TOTAL AWARD $3,950.00 '...
nt Contract No.20] 107 Page 6 of 13
Cra �_ Attachment B I
Page 14
GRANT CONTRACT-ATTACIIMENT"C"
General Terms and Conditions
Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 '....
Contract No.20141.07
CONTRACTOR: City of Kent Arts Commission
TABLE OF CONTENTS
This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract.
A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!.
B. GENERAL CONTRACT TERMS
Amendments or Modifications ....................................................................................2
Conformance with Law................................................................................................2
Orderof Precedence....................................................................................................2
Severability..................................................................................................................2
Waiver of Default or Breach.......................................................................................2
C. PERFORMANCE AND GENERAL RESPONSTBILITIES
Covenant Against Contingent Fees..............................................................................2
Indemnification............................... ........3
Independent Capacity of Contractor......................_........,.........................................3
Nonassignability..........................................................................................................3
Publicity/Acicnowledgements.........................................................___.......................3
Reproduction...............................................................................................................3
Services within Washington........................................................................................3
D. COMPLIANCEWITHLAWS RECORDKEEPNG AND INSPECTIONS
Americans with Disabilities Act..................................................................................3
Compliance with Applicable Law................................................................................3
Conflictof Interest.................................._...................................................................4
HazardousSubstances.......—.......................................................................................4
NondiscriminationLaws.........................................................................__.................4
Public Disclosure/Confidentiality................................................................................4
Records,Documents,and Reports...............................................................................4
Registration with Department of Revenue...................................................................5
Rightof Inspection......................................................................................................5
E. FUNDING,REIMBURSEMENT AND BUDGET
Advance Payments Prohibited.................. ... .....................................................5
Fundsnot Supplanting.................................................................................................5
Taxes.......................................-.................................................................................5
Traveland Per Diem....................................................................................................5
F. TERMINATION AND DISPUTES
Disputes........... 5
............................................................................................................
GoverningLaw and Venue..........................................................................................5
Savings .......................................................................................................................5
Termination for Convenience..............................__....................................................6
Termination or Suspension for Cause..........................................................................6
G. ADDITIONAI FEDERAL FUNDING REQUIREMENTS
Application..................................................................................................................6
Publicity/Acknowledgements —.................................................................I................6 '
NEA General Terms and Conditions...........................................................................6
Grant Contract No.2014107 Page 7 of 13 Attachment C
Page 15
A. HEADINGS AND DEFINITIONS
DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below:
"COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other
entity of the Commission,or any of the officers or other officials lawfully representing that Commission.
"AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate
authorized in writing to act on his/her behalf.
"CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded
a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',..
"NEA"shall mean the National Endowment for the Arts.
"SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or
part of those services under this Contract under a separate contract with the CONTRACTOR. The terms
"Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier.
HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
B. GENERAL CONTRACT TERMS
AMENDMENTS OR MODTFICATION-This Contract may be amended or modified only by mutual consent of the
COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed
by all parties,and attached hereto. No oral understanding or agreement binds the parties.
CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it
is considered modified to conform to that statute or rule of law.
ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an
inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State
Executive Orders.
2. Special Terms and Conditions of this Contract,including
a. Scope of Work and Reporting Requirements
b. Modifications to the General Terms and Conditions
3. General Terms and Conditions
4. NEA General Terms and Conditions if Federal funds are committed by this Contract.
5. All other attachments or material incorporated by reference. _
SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is
held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without
the invalid provision,and to this end the provisions of this Contract are declared to be severable.
WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the
tennis of the Contract.
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has
been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained
by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event
of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to
deduct from the contract price or consideration or recover by other means the full amount of such commission,
percentage,brokerage or contingent fee.
Grant Contract No.2014107 Page 8 of 13 Attachment C
Page 16
INDEMNIFICATIONr—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and
hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State
from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of
this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that
are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair
trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by
the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The
CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is
caused in whole or in part by negligent acts or omissions of the CONTRACTOR.
INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship.
The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the
COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold
themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by
reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which
would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise
the manner in which this Contract is performed.
NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this
Contract,or any claim arising under this Contract without prior written consent of the COMMISSION.
PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all
printed or oral material and announcements,including in-person interviews with audio,video,or print journalists,
which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the
Washington State Arts Commission)." -
REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non-
exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials
that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data
shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound
_ recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda
and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications,
social media or other electronic communications,provided that the author or artist is credited.All reproductions of
eopyrightable material by the State in public releases shall contain a credit to the author or artist where applicable.
SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used
for activities or services outside the State of Washington,without prior authorization of the COMMISSION. -
D. COMPLIANCE WITH LAWS RECORDKEEPING,AND INSPECTION
AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the
"ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local
government services,and telecommunications.
COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current
federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing,
accreditation and registration requirements/standards necessary for the performance of this Contract.
In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the
COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION
also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION.
CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal,
the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due
notice and examination by the COMsVIISSION that there is a violation of the Ethics in Public Service Act,Chapter
42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this
Contract._
Grant Contract No.2014107 Page 9 of 13 Attachment C
Page 17 '..
In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same
remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR.
The rights and remedies of the CO.VIMISSION provided for in this clause,shall not be exclusive and are in addition
to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any
determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this
Contract.
HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMISSION 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 or threatened release of,hazardous substances as defined by state and federal law on
the property covered by the project.
NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with
all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or
refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or
terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts
with the COMMISSION, The CONTRACTOR shall be given a reasonable time in which to cure.noncompliance.
Any dispute may be resolved in accordance with the"Disputes"provision in this Contract.
PUBLIC DISCLOSURE/CONFIDENTIALITY—CONTRACTOR acknowledges that the COMMISSION is subject
to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW
42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or
proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17
RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or
proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the
CONTRACTOR of the request and the date that such records will be released to the requester unless
CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court
order enjoining disclosure,the COMMISSION will release the request information on the date specified,
RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records,
including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect
all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records
must clearly show that matching expenditures,if required,are not less than the amount granted in the approved
application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance
with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances
can be clearly identified.
These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by
the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or
contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this
Contract for six years after termination or expiration of the Contract,and make them available for inspection by '......
persons authorized under this provision. 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.
REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration,
if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450,
http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under
this Contract.
RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry
for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the
activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or
official of the State of Washington or the Federal government at all reasonable times,in order to monitor and
evaluate performance,compliance,and/or quality assurance under this Contract.
Grant Contract No.2014107 Page 10 of 13 Attachment C
Page 18 ',
E. FUNDING REIMBURSEMENT AND BUDGET
ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be
provided under this Contract shall be made by the COMMISSION.
TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance
or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed
for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage
and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit
documents supporting billings made for out-of-pocket expenses.
F. TERMINATION AND DISPUTES
DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot
be resolved by direct negotiation,either parry may request a dispute hearing of the other according to the process set
out in this section. Either party's request for dispute hearing must be in writing and clearly state:
1. The disputed issue(s);
2. The relative positions of the parties;
3. The CONTRACTOR's name,address and project title.
The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree
that they cannot resolve the dispute,Within 5 working days of receipt of the request,the receiving party shall
respond by either accepting or refusing the request for dispute resolution.
If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one
person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by
the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be
determined by the panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the
disputes.The parties shall equally share all cost associated with implementation of this process.
The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding
concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any '..
action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' !i
choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution
procedure outlined above.
GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit
involving this Contract,venue shall be proper in Thurston County. -
SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds
appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may
terminate the Contract without advance notice. At the CONLMISSION's discretion,the parties may renegotiate the
Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be
liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the
effective date of termination. '...
TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written
notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination.
TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the
CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION
has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the
COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action, If corrective action
is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract.
Grant Contract No.2014107 - Page 11 of 13 Attachment C
Page 19
If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay
all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make
repayment within thirty(30)days of die demand. If the COMMISSION is required to institute legal proceedings to
enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys'
fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy
available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single,
any combination,or all of the remedies available to it under this Contract,or under any provision of law,common
law,or equity.
G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS.
APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following
conditions.
PUBLICITY/ACKNOWLEDGEMENTS—The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this
Contract is hereby amended as follows:
"The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral
material and announcements,including in-person interviews with audio,video,or print journalists,
which result from this Contact,as follows:"This program is supported,in part,by a grant from the
Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for
the Arts."
Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions,
Attachment E.
NEA GFNERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this
Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to
the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules,
regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the
CONTRACTOR.As a subgram recipient,the CONTRACTOR shall abide by the NEA General Terms and
Conditions not inconsistent with the Special and General Terms and Conditions of this Contract.
Grant Contract No.2014107 Page 12 of 13 Attachment C
i
Page 20
Washinaton State Arts Commission
CONTRACT-ATTACHMENT E
National Endowment for the Arts (NEA)
Federal Swbgranting Requirements
Updated July 2013
This grant includes federal funds from the National Endowment for the Arts. Signing and returning
your grant contract confirms your compliance with all pertinent federal requirements, regulations
and laws, including the following:
A. Project Costs supported by the NEA—There may be no overlapping project costs between
two or more Federal awards. This grant may not be used to match a direct grant from the NEA
(or vice versa).
B. Uniform Administrative Requirements —establishes administrative standards to ensure
consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that
are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part
1157 applies to grantees that are units of state and local governments and federally recognized
Indian Tribal governments.
C. Cost Principles—establishes allowability of costs for work performed under an Arts
Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations
other than institutions of higher education; OMB CircularA-21 applies to public and private
institutions of higher education; OMB Circular-87 applies to local governments and federally
recognized Indian tribal governments
D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United
States shall, on the grounds of race, color or national origin, be excluded from participation in,
be denied benefits of, or be subject to discrimination under any program or activity receiving
federal financial assistance. Title VI also extends protection to persons with limited English-
language proficiency.
E. Title IX of the Education Amendments of 1972 provides that no person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal assistance
F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the
basis of age, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity receiving federal financial assistance.
G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled
individual in the United States, shall, solely by reason of hislher disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal assistance. Under this regulation, a federally funded arts program
when viewed in its entirety must be accessible to all persons. The National Endowment for the
Arts issued its regulations in 1979 (amended 2003) to enforce the existing law(45 CFR 1151).
You must have a Section 504 self-evaluation on file at your organization. Additional
information, including The Arts and Humanities Accessibility Checklist, is available online at
http://www.arts.gov/resourceslAccessibility .
H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the
basis of disability in employment (Title 1), State and Local Government Services (Title II), and
places of public accommodation and commercial facilities (Title 111).
I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505.
You provide this assurance by signing and returning your grant invoice(s)to ArtsWA.
J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of
any federal debt.
K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and
12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a
Page 21
grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or
any other cause of so serious or compelling a nature that it affects an organization's present
responsibility, they may suspend funds and debar the grantee from future federal funding for a
period of up to three years. Signing this grant contract also confirms that you are presently fit
to administer the terms of the grant, with no evidence to the contrary or any previous cause for
debarment or suspension.
L. The National Historic Preservation Act of 1966 applies to any Federal funds that would
support either the planning or major renovation of any structure eligible for or on the National
Register of Historic Places, in accordance with Section 106.
M. The National Environmental Policy Act of 1969 applies to any Federal funds that would
support an activity that may have environmental implications (e.g., outdoor murals, outdoor
festivals, outdoor sculptures, etc.).
N. Prohibition Against Lobbying: OMB CircularA-122/Section 319 of Public Law 101-121,
codified at 31 U.S.C. Sec. 1352/45 CFR Part 1158: grantees must adhere to the prohibition
against lobbying within a federally supported grant project which states that no federal
appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the making of any federal grant, the entering into any federal grant or
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal grant or cooperative agreement.
O. Native American Graves Protection and Repatriation Act of 1990 applies to any
organization which controls or possesses Native American human remains and associated
funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act.
Additional information about the above federal requirements are available on the NEA
website http://www.nea.gov/manageaward/GTC.pdf.
In addition, the NEA requires that vou:
• Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information
or reports necessary for us to fulfill all applicable Federal reporting requirements.
• Use U.S. air carriers for foreign travel consistent with the Fly America Act.
• Maintain financial records and supporting documents pertinent to the award for three years
following submission of your final report. During the project period and the subsequent three-
year retention period, ArtsWA reserves the right to request timely and unrestricted access to
project records.
• Make your best effort to purchase American-made equipment and products, consistent with the
Buy American Act.
Page 22
Page 23
Parks, Recreation and Community Services
Jeff Watling, Director
Phone: 253-856-5007
Fax: 253-856-6050
W�5 n I u G T o N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 19, 2013
TO: City Council Parks and Human Services Committee
FROM: Alex Ackley, Superintendent of Facilities
THROUGH: Jeff Watling, Director of Parks, Recreation, and Community Services
SUBJECT: New Connections Lease Agreement - Authorize
MOTION: Move to recommend Council authorize the Mayor to sign the
Lease Agreement with St. Vincent de Paul-New Connections to rent the
city-owned building located at 422 West Titus Street, subject to final
terms and conditions acceptable to the City Attorney and the Parks
Director.
SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been
a tenant in the city-owned building located at 412 West Titus Street since June,
2003. The condition of the current location is no longer adequate to run the
tenant's programs, therefore, the tenant will be moving to the city-owned building
located next door at 422 W. Titus. In consideration of this 5-year agreement, the
Lessee pays all costs associated with or arising out of the maintenance, operation,
and agreed upon tenant improvements (Exhibit B) of the leased premise in lieu of
paying rent. The Lessee will also pay a monthly Leasehold Excise Tax in the amount
of $267.30 based on an estimated fair market value rental of $2,349.00 per month.
Through an agreement with DSHS under their Career Path Services Program, New
Connections provides six to twelve months of training for individuals in their office
(paid for by DSHS). During the last year, New Connections trained several
individuals in work and office skills and gained valuable (no-cost) employees which
allowed them to provide extremely low cost assistance.
EXHIBITS: Lease Agreement
BUDGET IMPACT: Facilities Lease Budget
Page 24
i
Page 25
LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND
ST. VINCENT DE PAUL - NEW CONNECTIONS
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY
OF KENT, a municipal corporation of the State of Washington ("City"), and St.
Vincent de Paul-New Connections, a Washington non-profit corporation ("Tenant").
The City and Tenant agree as follows:
AGREEMENT
1. PREMISES.
1.1 Premises Defined. The City leases to Tenant and Tenant leases from
the City the real property described in Exhibit A, which is attached to this Lease
and incorporated by this reference, and buildings located at 422 West Titus Street,
Kent, Washington (collectively the "Premises" or "Leased Premises"). The City will
use the parking lot on the Premises for parking of City vehicles and employee
parking.
1.2 Survey Maps, and Plans. Tenant is not relying upon and the City is
not making any representations about any survey, plat, diagram, and/or legal
description provided by the City.
1.3 Inspection. The City makes no representation regarding the condition
of the Premises. Tenant is currently in possession of the Premises under a prior
lease agreement. Tenant shall be deemed to have accepted possession of the
Premises in "as-is condition."
2. TERM.
2.1 Term Defined. The term of this Lease shall commence on October 1,
2013 ("Commencement Date"), and shall terminate on September 30, 2018, (the
"Termination Date"), unless terminated sooner under the terms of this Lease.
2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have
the right to terminate this Lease at any time during the Term upon ninety (90)
days' prior written notice of termination to the other party.
2.3 End of Term. Upon the expiration or termination of the Term, as
applicable, Tenant shall surrender the Premises to the City in the same or better
condition as on the Commencement Date, reasonable wear and tear excepted.
Non-permanent appliances, personal property, and trade fixtures belonging to
LEASE AGREEMENT - 1 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 26
Tenant or Tenant's Residents shall be removed by the Tenant at the end of the
Term. Any of the aforementioned items remaining at the end of the Term shall be
moved off of the Premises by the City at the Tenant's expense.
2.4 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party with thirty (30) days' written
notice. The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made in
accordance with its terms. If the City provides a notice to vacate the Premises in
anticipation of the termination of this Lease or at any time after the Termination
Date and Tenant fails to do so within the time set forth in the notice, then Tenant
shall be a trespasser and shall owe the City all amounts due under applicable law.
3. LEASE PAYMENT.
3.1 Monthly Payment. During the Term hereof, Tenant may occupy the
leased premises rent free; in consideration of which Tenant shall:
a. pay leasehold tax at a rate established by the State of
Washington, currently 12.84%, in the amount required by law if Tenant were to pay
the monthly rental market rate of $2,349.00;
b. make all improvements at Tenant's sole expense, as outlined in
Exhibit B; subject to a final inspection and the approval of the Kent Building Code
Inspector and the Facilities Superintendent of the Kent Parks, Recreation and
Community Services Department; and
C. pay all costs associated with or arising out of the use,
maintenance, and operation of the Leased Premises.
4. OTHER EXPENSES.
During the Term, Tenant shall pay the following additional expenses:
4.1 Utilities. Tenant shall pay all fees charged for utilities in connection
with the use and occupancy of the Premises, including but not limited to electricity,
water, sewer, garbage, gas, and telephone service in a timely manner and prior to
delinquency.
4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the
City receipts or other appropriate evidence establishing the payment of any
amounts required to be paid under the terms of this Lease.
LEASE AGREEMENT - 2 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 27 '..
4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under
this Lease, the City may pay the amount due, and recover its cost from the Tenant.
Tenant shall pay City said amounts due within thirty (30) days of written notice
from the City. If the City pays or advances any amounts for or on behalf of Tenant,
including but not limited to leasehold taxes, taxes, assessments, insurance
premiums, costs of removal and disposal of unauthorized materials, costs of
removal and disposal of improvements pursuant to Section 6 below, or other
amounts not paid when due, Tenant shall reimburse the City for the amount paid or
advanced and shall pay interest on that amount at the rate of one percent (1%) per
month from the date the City notifies Tenant of the payment or advance.
S. USE.
5.1 Permitted Use. Tenant shall use the Leased Premises to provide
temporary single-family dwellings for homeless families with children under fourteen
years of age ("Residents") and for no other purpose without first obtaining the
City's prior written consent.
5.2 Restrictions on Use. Tenant shall not cause or permit any damage to
natural resources on the Premises. Tenant covenants and agrees that Hazardous
Substances, as defined in Section 5.5, will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, on, under, or above
the Premises, except in accordance with all applicable laws. Tenant shall also not
cause or permit any filling activity to occur on the Premises. This prohibition
includes any deposit of rock, earth, ballast, refuse, garbage, waste matter
(including chemical, biological or hazardous substances, or toxic wastes),
hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant
shall neither commit nor allow waste to be committed to or on the Premises. If
Tenant fails to comply with all or any of the restrictions on the use of the Premises
set out in this Subsection 5.2, the City shall notify Tenant and provide Tenant a
reasonable time to take all steps necessary to remedy the failure. If Tenant fails to
do so in a timely manner, then the City may take any steps reasonably necessary to
remedy this failure. Upon demand by the City, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and disposing of
any material deposited improperly on the Premises. The covenants contained in
Section 5.2 shall survive expiration or termination of this Lease.
5.3 Conformance with Laws. Tenant shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates,
regulations, ordinances, statutes, and other government rules and regulations
regarding its use or occupancy of the Premises.
5.4 Liens and Encumbrances. Tenant shall keep the Premises free and
clear of any liens and encumbrances arising out of or relating to its use or
occupancy of the Premises. Should a lien be recorded against the Premises arising
LEASE AGREEMENT - 3 (October 2013)
(Between City of Kent and St, Vincent de Paul-New Connections)
Page 28
from actions by the Tenant, Tenant shall have thirty days after written notice by
City to remove the lien.
5.5 Definition - Hazardous Substance. "Hazardous Substance" means any
substance that now or in the future becomes regulated or defined under any
federal, state, or local statute, ordinance, rule, regulation, or other law relating to
human health, environmental protection, contamination or cleanup, including but
not limited to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9601 and Washington's Model Toxics Control Act,
RCW 70.105D.010.
5.6 Miscellaneous. Tenant shall maintain smoke detection devices and
carbon monoxide detectors in accordance with the manufacturer's
recommendations, including the replacement of batteries as required for the proper
operation of the smoke detection device and carbon monoxide detectors. Tenant
shall properly dispose of all rubbish, garbage, and other organic or flammable waste
in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall
assume all costs of extermination and fumigation for infestation caused by Tenant.
6. IMPROVEMENTS.
6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of
Tenant's improvements to the Premises. So long as this Lease remains in effect,
Tenant shall retain ownership of all authorized Tenant improvements and trade
fixtures it may place on the Premises (collectively "Tenant-Owned Improvements").
Tenant-Owned Improvements shall not include any construction, reconstruction,
alteration, or addition to the Premises by the City or any Unauthorized
Improvements as defined in Subsection 6.4 below. No Tenant-Owned
Improvements shall be placed on the Premises without the City's prior written
consent.
6.2 Construction. Prior to any construction, alteration, replacement,
removal or major repair of any improvements (whether City-Owned or Tenant-
Owned), Tenant shall submit to the City its plans that describe the proposed
activity. The City shall have fifteen (15) days in which to review the proposed plans.
The plans shall be deemed approved and the requirement for the City's written
consent shall be treated as waived, unless the City notifies Tenant otherwise within
the fifteen (15) days. The City's consent and approval shall not be required for any
routine maintenance or repair of improvements made by the Tenant pursuant to its
obligation to maintain the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or major repair of any
improvements on the Premises. Any improvements shall be done in conformity
with the Uniform Building Code and City of Kent regulations. All work performed
shall be done in a workmanlike manner. The provisions of this section do not apply
LEASE AGREEMENT - 4 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
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i
to obviate any permit requirements that may apply to the proposed activity.
6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant
by the Termination Date, so long as such removal does not damage the Premises
and the Premises is restored to its original condition or better. If the Tenant-Owned
Improvements remain on the Premises after the Termination Date, they shall
become the property of the City without payment by the City. Any Tenant-Owned
Improvements remaining on the Premises at the end of the term that the City
deems need to be removed shall be removed by the City at the Tenant's expense.
6.4 Unauthorized Improvements. Improvements made on the Premises
without the City's prior consent pursuant to Subsection 6.2 or that are not in
conformance with the plans submitted to and approved by the City ("Unauthorized
Improvements") shall immediately become the property of the City, unless the City
elects otherwise. Regardless of ownership of Unauthorized Improvements, the City
may, at its option, require Tenant to sever, remove, and dispose of them. If Tenant
fails to remove an Unauthorized Improvement upon request, the City may remove
it and charge Tenant for the cost of removal and disposal.
7. ASSIGNMENT AND SUBLETTING.
7.1 City Consent Required. Tenant shall not sell, convey, mortgage,
assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's
interest in this Lease or the Premises without the City's prior written consent. In
the event of such consent, each permitted transferee shall assume all obligations
under this Lease. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the
corporation or a transfer (by one or more transactions) of a majority of the voting
stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a
partnership, a dissolution of the partnership or a transfer (by one or more
transactions) of the controlling interest in Tenant shall be deemed an assignment of
this Lease.
7.3 Rent Payments Following Assignment. The acceptance by the City of
consideration following an assignment or other transfer shall not constitute consent
to any assignment or transfer.
S. INDEMNITY.
8.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property (including property of Tenant or Tenant's Residents)
occurring on or about the Premises and caused by or resulting from any act or
omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of
LEASE AGREEMENT - 5 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 30
Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify,
defend, and hold harmless the City and those persons who were, now are, or shall
be duly elected or appointed officials or members or employees or agents of the
City, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature whether to persons or
property, to the extent arising on said Premises or on any areas adjoining the
Premises that is under the control or use of Tenant pursuant to this Lease and
arising out of or in connection with Tenant's use and occupancy of the Premises,
including all legal costs and attorney fees, arising out of or in connection with this
Lease, except for that portion of injuries and damages caused solely by the City's
negligence.
8.2 Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant's liability hereunder shall be only to the extent of the
Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
8.3 The provisions of this Section 8 shall survive the expiration or
termination of this Lease.
9. INSURANCE.
Tenant agrees to comply with the insurance requirements of Exhibit C at all
times during the term of this Lease.
10. MAINTENANCE AND REPAIR.
10.1 The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Premises, or
any part of the Premises, during the term of this Lease.
10.2 Tenant's Repairs Alteration Maintenance, and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain
the Premises, including the grounds, parking lot, and all improvements in good
order and repair, in a clean, attractive, and safe condition.
(b) Tenant shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the
LEASE AGREEMENT - 6 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 31
Premises or to any improvements on the Premises that may be required by any
public authority.
(c) All additions, repairs, alterations, replacements or changes to
the Premises and to any improvements on the Premises shall be made in
accordance with, and ownership shall be governed by Section 6 above.
11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction
of the Premises or any improvements, Tenant shall promptly give written notice to
the City. In the event of damage or destruction that renders the Premises unfit for
Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice
to the City.
12. DEFAULT AND REMEDIES.
12.1 Event of Default. Tenant shall be in default of this Lease on the
occurrence of any of the following:
(a) Failure of Tenant to make the improvements as set forth in
Exhibit B;
(b) Failure to observe or perform any of the covenants, conditions
or provisions of this Lease, where such failure shall continue for a period of thirty
(30) days after written notice from City to cure the default;
(c) Failure to comply with any law, regulation, policy, or order of
any lawful governmental authority;
(d) Failure to comply with any other provision of this Lease;
(e) If proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
12.2 City's Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease with thirty (30) days' written notice to terminate and remove
Tenant by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Premises on any terms and conditions as the City
in its sole discretion may decide are appropriate. If the City elects to relet, rent
received by it shall be applied: (1) to the payment of any indebtedness other than
rent due from Tenant to the City; (2) to the payment of any cost of such reletting;
and 3) to the payment of the cost of any alterations and repairs to the Premises.
Any balance shall be held by the City and applied to Tenant's future rent as it
becomes due. Tenant shall be responsible for any deficiency created by the
reletting during any month and shall pay the deficiency monthly. The City's reentry
or repossession of the Premises under this subsection shall not be construed as an
LEASE AGREEMENT - 7 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 32
election to terminate this Lease or cause a forfeiture of rents or other charges to be
paid during the balance of the Term, unless the City gives a written notice of
termination to Tenant or termination is decreed by legal proceedings. The City may
at any time after reletting elect to terminate this Lease for the previous Event of
Default with ten (10) days' written notice.
13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
forty-eight (48) hours notice, unless an emergency exists in which event the City
may enter immediately.
14. NOTICE. Any notices required or permitted under this Lease may be
personally delivered, delivered by facsimile machine, or mailed by certified mail,
return receipt requested, to the following addresses or to such other places as the
parties may direct in writing from time to time:
The City: City of Kent Parks, Recreation and Community Services
Attn: Superintendant of Facilities
220 Fourth Avenue South
Kent, Washington 98032
Tenant: St. Vincent de Paul - New Connections
Attn: Randall Smith
422 West Titus Street
Kent, Washington 98032
A notice shall be deemed given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3) days after
being mailed as set forth above, whichever is applicable.
15. MISCELLANEOUS.
15.1 Authority. Tenant and the person or persons executing this Lease on
behalf of Tenant represent that Tenant is qualified to do business in the State of
Washington, that Tenant has full right and authority to enter into this Lease, and
that each and every person signing on behalf of Tenant is authorized to do so.
15.2 Successors and Assigns. This Lease shall be binding upon and inure to
the benefit of the parties, their successors and assigns.
15.3 Headings. The headings used in this Lease are for convenience only
and in no way define, limit, or extend the scope of this Lease or the intent of any
provision.
15.4 Entire Agreement. This Lease, including the exhibits and addenda, if
LEASE AGREEMENT - 8 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 33
entire agreement of the parties.
any, contains the g
15.5 Waiver. The waiver by the City of any breach or default of any term,
covenant, or condition of this Lease shall not be deemed to be a waiver of such
term, covenant, or condition; of any subsequent breach or default of the same; or
of any other term, covenant, or condition of this Lease. The City's acceptance of a
rental payment shall not be construed to be a waiver of any preceding or existing
breach other than the failure to pay the particular rental payment that was
accepted.
15.6 Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the
City by law or equity or otherwise.
15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and
every provision of this Lease.
15.8 Language. The word "Tenant" as used in this Lease shall be applicable
to one or more persons, as the case may be. The singular shall include the plural,
and the neuter shall include the masculine and feminine. If there is more than one
Tenant, their obligations shall be joint and several. The word "persons," whenever
used, shall include individuals, firms, associations, and corporations.
15.9 Invalidity. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provision of this
Lease.
15.10 Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to
a statute shall mean that statute as presently enacted or hereafter amended or
superseded. Venue for any action arising out of or in connection with this Lease
shall be in the Superior Court for King County, Washington.
15.11 Modification. Any modification of this Lease must be in writing and
signed by the parties. The City shall not be bound by any oral representations or
statements.
15.12 Survival of Covenants. The covenants contained herein survive the
termination or expiration of the Lease for the applicable statute of limitation
periods.
15.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy
the Premises during said term without any interruption by the City, its successors or
assigns, or any person or company lawfully claiming by or through it.
LEASE AGREEMENT - 9 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 34
15.14 Duplicate Originals. This Lease Agreement may be executed in
duplicate originals.
THIS AGREEMENT requires the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT ST. VINCENT ®E PAUL —
NEW CONNECTIONS
By: By:
Print Name: Suzette Cooke Print Name:
Its: Mayor Its:
Date: Date:
(Notary Acknowledgements Appear on Next Page)
I
LEASE AGREEMENT _ 10 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 35
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LEASE AGREEMENT - 11 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 36
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
(he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P:\Civil\Files\Open Files\0733-Human Services-2013\New Connections-Lease.2013.doc
LEASE AGREEMENT - 12 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
King County Department of Assessments: eReal Property EXH91 ee A
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Page 38
EXHIBIT B
i
TENANTIMPROVEMENTS
NEW CONNECTIONS
422 West Titus Street
I
General/Routine Maintenance to be performed on an on-going basis
• Ensure that routine cleaning and custodial work is completed within
the interior of the building
• Maintain all electrical and plumbing fixtures in proper working order
• Maintain exterior paint, City will select city approved colors
• Provide and maintain smoke detectors and carbon monoxide detectors
per Kent City Code
• Maintain lighting, bulbs and fixtures
• Maintain exit lighting
• Maintain Heating & Cooling system, change filters monthly and clean
diffuser on a regular basis
• Tenant responsible for any damage by clients or employees or tenant
• Maintain windows, clean inside and out as needed
• Tenant responsible for any window breakage
• Burglar alarm sole expense of tenant
• Tenant responsible for all phone and data required
• Maintain parking lot
• Maintain grounds and landscaping, weeding, mowing and bark
Tenant responsible for pest control of premises
• Clean and maintain gutters and downspouts
• Quarterly review of plumbing, electrical, structural, fire extinguishers
• Professionally clean carpets and inside of building annually
Capital Improvements to be completed during the term of the lease
• Repair and paint fascia boards — entire building
• Secure loose nails on south side of building
• Install new frost free faucet on south side of building or properly
winterize existing faucet
• Patch and paint interior walls, City will select approved colors
• Replace broken or damaged receptacle covers
• Trim shrubbery away from structure and maintain
• Repair or replace leaking faucet upstairs
• Repair any chipping or blistered exterior paint as needed
Lease Agreement Exhibit B
New Connections October 2013
Page 39
EXHIBIT C
INSURANCE REQUIREMENTS
FOR STANDARD LEASE
Insurance
The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the Lessee's operation and use of City
of Kent facilities.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01
and shall cover premises and contractual liability. The City
shall be named as an insured on Lessee's Commercial
General Liability insurance policy using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or
a substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written
with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate.
i
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance
1. The Lessee's insurance coverage shall be primary insurance
with respect to the City. Any Insurance or self-insurance
coverage maintained by the City shall be excess of the
Lessee's insurance and shall not contribute with it.
2. The Lessee's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
Page 40
EXHIBIT C (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Lessee shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Lessee. The City shall be named as an Additional Insured on the
Amendatory Endorsement provided by the Insurer.
F. Waiver of subrogation
Lessee and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building.
This release shall apply only to the extent that such claim, loss or liability is
covered by insurance.
G. City's Property Insurance
City shall purchase and maintain during the term of the lease, all-risk
property insurance covering City of Kent property.
Page 41
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Z�K v:14
KEN
WASH NGT 0 Address: 220 Fourth Avenue S. J
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Hogan, Supt. Recreation and Cultural Programs
THROUGH: Jeff Watling, Director Parks, Recreation and Community Services
SUBJECT: GreenPlay Agreement - Authorize
MOTION: Move to recommend Council authorize the Mayor to sign the
agreement with GreenPlay in the amount of $33,950.00 for consulting
services, subject to final terms and conditions acceptable to the City
Attorney and the Parks Director.
SUMMARY: At the 2013 City Council Retreat, the Council identified a number of
priority items from the Efficiency Study (conducted by BERK and Associates) to
further explore and discuss. One of those items under Level of Service was the
review of recreation programs to better understand and determine cost recovery.
Lori Hogan and Jeff Watling presented an approach to this task at the June 20 Parks
Committee meeting. Following the discussion and feedback provided by the
Committee members, a contract and scope of work was finalized with GreenPlay for
$33,950.00 to assist the city in the completion of this work.
Lori and Jeff will provide an overview of the project including the work to be
performed by city staff, work to be performed by GreenPlay, the public outreach
component of this work, and the deliverables/outcomes expected at the completion
of this contract.
EXHIBITS: Consultant Services Contract
BUDGET IMPACTS: Parks Administration Professional Services Budget
Page 42
Page 43
CITY OF KENT
LAW DEPARTMENT
IL
g/ yO 220 4`V DAvenueON
South
`� ® Kent, WA 98032
wnsiiNcrou
Fax: 253-856-6770
PHONE: 253-856-5770
Memo
To: Suzette Cooke, Mayor
From: Jeff Watling
CC:
Date: September 16,2013
Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1
For Consulting Services with GreenPLay LLC
The City's Parks, Recreation, and Community Services Department is requesting you waive the
procurement requirements set forth in Administrative Policy 1.1 for consultant services from
GreenPlay LLC.
Purchases may be waived by the mayor upon a finding that either the materials, supplies,
equipment, or services are clearly and legitimately limited to a single source of supply within
the near vicinity, or that the materials, supplies, equipment, or services are subject to special
market conditions, involve special facilities or services, or that a bid or the bidding
requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest
under the circumstances, in which instances the purchase may be best established by direct
negotiation.
GreenPlay LLC would provide specialized sole-sourced professional parks and recreation
planning and management advisement services. Through the use of GreenPlay's (proprietary)
Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation
Philosophy for the City's Parks, Recreation and Community Services Department. The cost will
not exceed $33,950.
If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation
and Community Services Department requests that you indicate your approval by signing
below.
CITY OF KENT l
Date:
y r S Ma zette Cooke /
Page 44
�@^ Page 45
ffi
wasH ua c,o
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GreenPlay LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado,
located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303)
439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
GreenPlay will develop a resource allocation and cost recovery philosophy, model
and policy as described in Exhibit A: Scope of Work
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by June 31, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable
Washington State sales tax, for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Page 46
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Page 47
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit [B] attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY`S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
Page 48
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles,used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
Page 49
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Karon Badalamenti Lori Hogan, Recreation and Cultural Services
GreenPlay LLC Supt.
211 N. Public Road City of Kent
Suite 225 220 Fourth Avenue South
Lafayette, CO 80026 Kent, WA 98032
E-mail: Info@GreenPlayLLC.com
(253) 856-5067 (telephone)
(253) 856-60650 (facsimile)
(303) 439-8369 (telephone)
303 664-5313 facsimile
APPROVED AS TO FORM:
Kent Law Department
[1,BJs Feld,you may enter the elechonlc flle,kh where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
Page 50
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor; subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Page 51 '..
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
Page 52
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
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Kent, WA - Parks, Recreation & Community Services
Scope of work for developing a Resource Allocation and Cost
Recovery Philosophy, Model and Policy
GreenPlay Preliminary Proposal May 7, 2013
Project Lead—Ms. Lori Hogan
Sent via email to: LHoaan@l<entwa.gov
Dear Ms. Hogan:
GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide
specialized sole-sourced professional parks and recreation planning and management advisement
services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid
Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource
Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source
Request" and may not be adopted for a competitive bidding process without written approval.
GreenPlay has been providing Parks and Recreation assessments, plans, and related services for
communities around the country since 1999, including developing Cost Recovery Models for cities,
counties and special districts across the United States.Our GreenPlay team will include Karon
Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work,
and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery
philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken
this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal-
in-Charge.
We have developed very effective and efficient ways of communicating, producing and delivering high
quality service, ensuring that your community is receiving the highest return on investment possible in
this important work. We have worked with over 300 communities on various plans and using these tools
and methodologies, and still treat each one as unique, providing customized community-specific results.
Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught
in universities and used successfully around the country in agencies including:
• City of Corvallis,North Clackamas, Tualatin Hills and Willamalane Parks and
Recreation Districts in Oregon
• The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado
• City of Carlsbad,San Diego County in California
• City of Alexandria and Arlington County in Virginia
• Montgomery County Department of Parks in the Maryland National Capital Parks
Planning Commission (M-NCPPQ and the Montgomery County Department of
Recreation in Maryland
• Oakland County Parks and Recreation Commission in Michigan
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GreenPlay has established the Pyramid Methodology as a model and
philosophical approach to allocating taxpayer funds for partial or wholly subsidized services, setting
fees, determining partnership contributions,or pursuing alternative funding sources depending on the
beneficiary of the service.
Task A. Strategic Kick-Off
GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement,
workshop formats, and identification of additional materials necessary to start this process.This SKO will
initiate the Cost Recovery work, collect information,and provide trainings as to what will be needed.
This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific
staff involvement, workshop formats, invitations,and logistics for each step. It will also identify
additional materials necessary to start the evaluation process.
Deliverables-Strategic Kick-Off
One (1) one-day trip for meetings with senior management and your project team.
• Determine Critical Success Factors, discuss senior staff responsibility and staff participation.
• Confirm current agency Values, Mission and Vision
• Introduce the Pyramid Methodology to the core project team
• Present a short introduction of the methodology to City Manager's office and/or City Council
• Facilitate discussions:
o Project schedule and draft/final presentations to governing bodies
o Public and Partner Involvement timeline
o Definition of Cost Recovery staff participants and workgroups
o Determination of locational or cost-centric matrices
o Determination of contractor or partner participation
o Evaluation of current budgeting processes,tools and cost recovery reports
o Assessment of current pricing and resource allocation structures and policies
o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework
• Categories of Service
• Definitions of Cost
• Glossary of Terms
• Determining cost of service provision
• Goal setting
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Task B. Cast Recovery Model and Resource Allocation
Philosophy — The Pyramid Methodology
Many agencies are using this methodology and in addition,several see its benefit and application for all
special district, county and municipal services. Examples include:
In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks,
Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their
annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas
identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee
increases, and changes in processes and practices,without any impact to service.
In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million
positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and
several of their Board attended a national training on the methodology and then used it to develop their
own philosophy and govern their decision making.
The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say:
"We have had to make some challenging programming and budget decisions based Ripon the shift:lug
needs in our community. Thank God for the Cast Recovery[pyramid)Model and our continued
dedication to moving the mode(forward. it continues to establish common around for challenging
decisions, Our careful,strategic planning and conservative approach has given us the chance to seize
marry opportunities that have been presented in this tough economy. We. are taking time to allow
staff to establish the new thriving Willamalane Center by using our cost recoveiy model and other
tools."-December 2010
Jason Gencic, CPRP, Deputysunerintandent
Wiliamalane Park and Recreation District
A Notional Gold Medal Award Winning Agency
Jason is now the General Operations Manager for the City of Westminster in Colorado
The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire
municipal system, and they began with the Parks and Recreation Department to test the application.
1. "The Pyramid Modef isjust part of the whole strategy. The part i appreciate most is the
[community]fairness issue. (The report has]laid a foundation for most, if not all of our future
decisions."
2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community
interests change and its ability to adapt to that."
3, This[model/report]provides support and fairness for us and captures the heart and values of the
core positions and balance of our community,so i am very pleased to support this tonight and l
believe this to be a very useful tool for us. Thank you for doing this.
Mark Packard,Carlsbad,CA Councilmember
GreenPlay's presentation at their meeting,June 9,2009,
As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery
philosophies and expectations and will work with your staff and decision-makers to develop consensus
on your intended goals. We will train your staff to use various tools and formulas to create programs for
appropriate budgets and service pricing.
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Having a Cost Recovery Model and Resource Allocation Philosophy in place can
help agencies answer challenging questions such as:
• "Are your programs priced fairly and equitably?"
• "How will you continue to fund your agency's facilities and services in relationship to future
budget constraints?"
• "Are you using your funding in a responsible manner?"
• "Do you have a methodology for subsidy distribution? If so, is the process transparent?"
• "Does the way that you charge for services (facilities, programs, etc.) support your agency's
values,vision, and mission?"
Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for
developing strong,sustainable financial management strategies.A solid philosophy will allow staff to
recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your
agency's pricing structure, including costs for new services.Your staff will be an integral part of the
decision-making process for setting expectations.They will learn how to apply agency tools and budget
expectations to set equitable pricing based on consensual vision,values, and mission.
Because the tool is guided by and created through the public involvement process, we establish buy-in,
educate, and generate interest by being transparent and credible. Often the participating citizens,
stakeholders, and partners, become the agency's greatest advocates and champions for future issues,
sometimes establishing the grassroots support for taxation issues or fee increases.This collaborative
process results in consensus for a foundational philosophy which underpins discussion and decision-
making. In short,this method works!
Development of Resource Allocations and Cost Recovery Philosophy
This process provides a consensual approach to identifying agency resource allocation and cost recovery
goals and provides formulas and structure for pricing decisions for all levels of the organization. We use
the Pyramid Methodology, as illustrated below and developed by GreenPlay, LLC,to help develop a
philosophythat details the level of subsidy necessaryfor your agency's services (facilities, programs,
etc.).
GRecwPt iro- The Pyramid The Pyramid Methodology is an effective
. 'j Methodology management tool currently being utilized by
agencies across the country to articulate the
level of benefit that services such as facilities
" and programs provide as they relate to the
Values,Vision, and Mission of an agency.This
ags
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— > recovery goals, and future fees and charges.
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" Establishing guidelines and a methodology for
"77 such critical operational issues is imperative to
CcsfrprdjRol �giTs�flt sound fiscal responsibility,governmental
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,., accountability, and decision making.
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The Pyramid Methodology engages your stakeholders, including community members, collaborators,
decision-makers, and agency management and staff.This process also leads to recommendations for
implementation.
Deliverables- Resource Allocation and Cost Recovery Philosophy Development
• Series of three multi-daytrips to conduct Cost Recovery/Resource Allocation Workshops that
may include continental breakfast, lunch, or dinner provided by the agency at your discretion
(three full-day staff workshops and a minimum of two public meetings).
• Workshop 1- Introduction and education on the Pyramid Methodology.;development of the
Categories of Service for the agency, and determination of cost center pyramid needs.
• Workshop 2a-A series of staff and public meetings including community representatives;
sorting Categories of Service based upon each category's beneficiary and the values,vision,and
mission.
• Workshop 2b-Development of direct and indirect cost definitions with staff and identification
of current cost recovery levels to establish baselines.
• Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff,
determine appropriate pricing strategies, and develop implementation steps.
Task C. final Resource Allocation and Cost Recovery Model
Presentation
GreenPlaywill develop the final resource allocation and cost recovery philosophy report, model, and
related policies, and present detailed information to your appropriate governing bodies as identified in
the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for
submission to your Agency.
Deliverables of the Final Report and Presentations
One trip to present the final document.
• Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy
• Recommendations for Implementation
I
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Agency Investment — Facilitated Base Project — Firm Fixed Price
Total Not to Exceed $33,950
The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency.
Task A. Strategic Kick-Off
1. Trip 1—one-day tentatively anticipated for Fall2013
2. Onsite team meeting, introductory workshop, and planning $ 4,450
Task B. Resource Allocation and Cost Recovery Process
1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550
2. Trip 3—Workshop 2—Sorting, Consensus Pyramid and Current Cost Recovery $10,650
3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550
Total Resource Allocation Process $23,750
Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation
1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750
As a cost savings measure, all materials, draft and final reports will be provided electronically for the
client to print as necessary.
For projects like this that include more than 100 hours of work, GreenPlay typically recommends and
proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily
based on a projected number of hours, but that the compensation is actually based on completion of
pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works
well for the client in that they will get all the work done that they need, regardless of how many hours
during the timeline that it takes to do it.The firm fixed fee also means that all travel, reimbursable
expenses,and deliverables are built into the pertask cost.
In the event that the contracted Scope of Work is changed by the client during the course of work,
GreenPlay can adjust total contract fees accordingly based on the regular hourly rates.This portion of
the project is proposed as a Firm-Fixed Rate Fee project.
Additional Agency Investment a Professional Advisor on Retainer
Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to
the initial proposed investment at our hourly or daily consulting rate:
Hourly Consulting Rate $ 150 per hour
Daily Consulting Rate(plus all travel expenses) $1,500 per day
Potential Additional Services—Budgeting and Financial Definitions and Trainings
Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource
allocation and cost recovery philosophy, model, and policy development process.This objective
identifies the need for additional staff trainings on basic budgeting,financial terms, and how the
agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue
expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and
operational staff who may require such training, and can offer curriculum for staff to create agency-
specific training modules.
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The potential cost would be determined based on on-site or remote training/curricula,the number of
staff and days designated for training, and whether or not these trainings can be combined with other
on-site trips. This can be discussed and determined at the strategic kick-off meeting or at any time
during the course of the contract.
a
Our work also includes, at no additional charge:
Our commitment that for each task,we will quickly assess your current circumstances and provide what
you need to move to the next level, rather than providing you a standard planning response, whether
you need it or not.
Our rates include:
Professional staff, sub-consultant, and administrative salaries.
La • All office overhead, equipment, utilities, and insurances.
Taxes, employee benefits, and Worker's Compensation.
Administrative support staff and supplies and local travel.
Deliverables and meetings as outlined in the Scope of Work.
• All travel expenses and time in the"facilitated Base Project" scope of work
Rates may not include (unless specified in the Scope of work):
Materials and services outside of the pre-specified Scope of Work(may include extra meetings,
requested copies, and printing of work products).
• All travel expenses and time in the Professional Advisor on Retainer"three-year blanket
contract period" scope of work.
As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted
professional consulting services.While the hourly rates may sound high relative to typical public agency
staff pay rates, our fees comprehensively include the costs for our consultants and related
administrative expenses, insurance, equipment,and other relevant costs associated with our services.
We find that this rate is usually comparable to,or lower than, what an agencywould spend for in-house
staff. An additional benefit is that when the project is finished, the expense ends.
Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact
person on a monthly basis. Each invoice includes a brief description of the services provided and
percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per
month. Otherstructures for compensation and payment can be negotiable prior to contract award.
Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to
complete our projects in a timely and efficient manner. We will work with your Project Manager to set
an expedient and realistic"scope of work end date."
Project Delay Policy j
There is an added cost for GreenPlay when projects are extended beyond a contracted end date,
including staff reassignment, loss of capacity to perform other work, and administrative schedule
changes that may impact other projects. Our policy takes into consideration delays due to operational
and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our
typical policy regarding potential project delays upon contract award.
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Our Commitment to You
We understand that the current economic climate is driving agencies to examine "why" as well as "how'
they use the taxpayer investment and that many agencies are either doing more with less or are trying
to be financially sustainable while offering more services.Sometimes agencies have the resources to
complete this kind of citizen-centric,systemic philosophical work on their own, and sometimes they
require objective assistance. We would like to help you actualize this goal by providing you with this
innovative scope of work,tools and methodologies for your consideration.
We believe that our previous experience provides us with the Knowledge, processes, and insight
necessary to create implementable plans and tools for the Kent,Washington Parks, Recreation and
Community Services Department.We pride ourselves on being available and accessible to your agency,
and partnering with you to help achieve your goals.
We have put together this revised scope of work based on our understanding of your final Cost
Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of
delivering effective services. We look forward to working with you to help you continue your critical
place at the table and assuring continued parks and recreation funding! If you have any additional
questions, please feel free to contact us at the number listed below.Thank you for your attention and
consideration.
Respectfully,
s
Chris Dropinski,CPRE
Senior Principal and Managing Member
Direct Phone:(303)870-8674 Email:ChrisD@GreenPlayLLC.com
If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon
Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com.
Sincerely,
Karon Badalamenti,CPRE and Principal,GreenPlay, LLC
8 Pa P, e
Page 61
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
Page 62
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General
Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance
requirements of the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the
Consultant.
Page 63
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
�^ Fax: 253-856-6050
EN
WASHIHG,CN Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Pete Petersen, Riverbend Golf Complex Superintendent
Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Riverbend Golf Complex — INFO ONLY
MOTION: INFO ONLY
SUMMARY: As a follow-up to the September 3 City Council Workshop discussion
on Riverbend, Jeff Watling and Pete Petersen will be presenting three options for
addressing the current financial issues within the Golf Fund.
The presentation will include an overview of each option, as well as an assessment
of the advantages, disadvantages and the policy implications for each of the three
options.
EXHIBITS: None
BUDGET IMPACTS: None
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i
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S. '...
Kent, WA. 98032-5895
September 19, 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
KENT
Parks and Human Services Committee Agenda
Councilmembers: Deborah Ranniger, Chair • Elizabeth Albertson • Dana Ralph
September 19, 2013
5:00 p.m.
Item Description Action Speaker Minutes Page
1. Minutes dated July 18, 2013 - Yes Council 05 01
Approve
2. 2014 Washington State Arts Yes Ronda 05 07
Commission Project Support Grant Billerbeck
— Accept
3. New Connections Lease Agreement Yes Alex Ackley 05 23
- Authorize Jeff Watling
4. Green Play Agreement — Authorize Yes Lori Hogan 05 41
Jeff Watling
5. Riverbend Golf Complex — INFO No Pete Petersen 30 63
ONLY Jeff Watling
6. Director's Report - INFO ONLY No Jeff Watling 05 65
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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KE i Parks and Human Services Committee
Meeting Minutes for July 18, 2013
Council Committee Members Present: Chair Debbie Ranniger, Dana Ralph,
Elizabeth Albertson
Chair Debbie Ranniger called the meeting to order at 5:10 p.m.
Item 1: Minutes of June 20, 2013 - Approve
Committeemember Ralph moved to approve the minutes dated June 20,
2013. Committeemember Albertson seconded. The motion passed 3-0.
Item 2: Riverbend Golf Complex - INFO ONLY
Director Jeff Watling reported that since 2012, staff has provided Council with
reports and informational discussions on the financial situation at the Riverbend
Golf Complex. That led into the budget process last fall and the desire by Council
and staff to create a strategy to get the Golf Fund into a healthier and more
sustainable position financially.
Based on those discussions, Council identified three major issues to seek
resolution:
1. Reinvest Capital funds to an aging complex.
2. Develop a strategy to pay off the interfund loan.
3. Develop ways to handle operational efficiencies.
Taking all of this into consideration, at a discussion this winter with the full Council,
one of the options discussed was reducing the size of the operation of the golf
complex. Within that consideration was whether to sell the Par 3.
The goal of staff was to reach out to the general public and to gather citizen input
for solutions to the current state of the Golf Fund. Two public open house meetings
were hosted at Riverbend on June 15 and July 26. An online survey was posted on
the city's web site to gather information as well. J. Watling thanked
Councilmembers Ranniger, Ralph, and Higgins for attending one or both of the
public meetings. An overview of the meetings and online comments is available for
Council to review. J. Watling felt that both meetings were nicely attended and many
residents expressed their concern with selling the Par 3.
Committeemember Ralph felt that the information shared at the meetings was very
educational and valuable. It was significant to hear how important the course is to
these residents. Committeemember Ranniger agreed and added that everyone who
attended the public meeting offered thoughtful comments, creative suggestions and
shared a willingness to help out and be engaged. She feels they are looking to us to
explore solutions that would allow us to maintain the golf course at a sustainable
level.
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J. Watling summarized some of the comments and concerns from the public
meetings:
• Should the golf course remain an enterprise, or should it be absorbed into
the General Fund Budget?
• The Par 3 golf course is a beautiful gateway into Kent. How do we ensure
it stays that way if it is sold?
• The Par 3 is the only local course that is an entry point to youth, junior
golf, seniors, and beginners. This is an important role for the city. If the
Par 3 is gone, how do we serve these demographics?
• If the golf complex is operated under the General Fund Budget, it would
be operated as a program or service subsidy, with general tax dollar
support - like the Police and Public Works budgets. How would this
addition impact the General Fund budget?
D. Ralph asked what the thought process was when the golf complex was set up as
an enterprise fund. Specifically, was it an auditor decision or policy decision? J.
Watling responded that it was a policy decision by Council and not for statutory
reasons.
Albertson asked for a brief explanation of the difference between an enterprise and
the general fund. J. Watling explained that an enterprise is a separate business unit
within the city budget and is expected to operate on its own through fees and
charges. This includes daily operational and internal expenses, plus all capital
reinvestments. General Fund may have fees and charges attached to a program,
but the support is through general tax dollars. For example, the Senior Center is
partially subsidized and Police is completely supported through the General Fund.
J Watling referenced next steps:
• If Riverbend is still operated as an enterprise and if the city proceeds with
some sale of the complex to reach financial sustainability, we need to
mitigate the impacts to the junior, senior, and beginner groups. Within that,
how do we make the 18-hole more accessible to these groups?
• Work out how to continue to engage our interested audience: the senior
group, Men's Club, Women's Club, Douglass Youth, First Tee and Hi Tee
youth programs.
• Staff needs to continue working with the Finance Department to solve pay
back options and terms for the interfund loan, as well as work with them to
carve out Capital funds for golf course renovations and lifecycle program.
• The city needs to respond to State Auditor on how the city will pay off the
debt.
• Admissions Tax distribution needs to be discussed to see if it can go back to
the golf course budget and identify what that means to the fund.
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D. Ranniger asked about user demographics. Pete responded that because it's a
public course and not privately owned with membership requirements, a variety of
people use the golf course - from juniors to seniors. The typical public base is from
North Tacoma to South Seattle.
D. Ranniger suggested utilizing a portion of the Lodging Tax, since there is local
revenue generated from golf course users.
Committeemember Albertson asked about initiating a resident/non-resident fee. P.
Petersen responded that Riverbend does offer resident discount rates from Monday
through Friday. Petersen added that the golf industry nation-wide has been
struggling and approximately 30% of Par 3 courses have closed. Core golfers want
to play 18-hole courses. There are three Par 3 golf courses in the King County area
and they do pretty well during the user season which is April through September.
Albertson asked, if Par 3 courses are the entry way to golf, where will new golfers
go? She feels the Par 3 brings long-term users to the 18-hole golf course.
P. Petersen said programs like First Tee and Douglass Youth are bringing kids to the
game. The PGA and LTGA have the "Tee it Forward" program that encourages
juniors, seniors and beginners to play on 18-hole courses. Unfortunately, there
aren't a lot of funds available for junior programs.
Committeemember Ranniger referred to other industries and how they handle
budget shortfalls. The City of Renton shuts their pool down during the winter to
safe costs. J. Watling said this relates to operational efficiencies, but won't address
the debt. He added that it is worth considering. Pete responded that both courses
need to be consistently maintained anyway, so there is no opportunity to save
money. Pete said they are considering reducing staff and depending on the honor
system at the Par 3 and Driving Range. Also being considered is reducing hours
during the winter months.
Committeemember Albertson asked what it looks like if the inter-fund debt is paid
off. Pete responded that the 18-hole is 24 years old and the Par 3 is approximately
50 years old. Both courses need new sprinkler heads, controllers, maintenance
equipment, and the turf at the Driving Range needs to be replaced. Parts to
equipment aren't available because they are so old.
J. Watling replied that by law, as an enterprise, if an enterprise owes money to a
city fund, there needs to be a plan to pay it off. The operational budget in rough
numbers is at $400,000-$600,000 per year and includes all the facilities at
Riverbend. Debt repayment could potentially be $200,000 - $250,000 per year,
based on the debit service of $2.25M. This is why selling the Par 3 is even a
consideration. This is a creative but very difficult decision, but it is a way help to
pay off the debt service fund, offer support to operational efficiencies and cover
much of the capital reinvestment. J. Watling confirmed that, even if the complex
was under the General Fund, the interfund loan still needs to be paid off.
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Committeemember Ranniger asked if the city could sell other assets to assist in
paying off the loan. J. Watling said that selling any assets would have to be
discussed with Finance. It depends on how the property purchase was funded. If it
was with grant money, there can be restrictions on how the property can be used,
sold, or renovated. J. Watling agreed it is worth exploring and best to have
representation from the Finance Department to help make that decision.
Committeemember Albertson asked if there would be savings if the budget was
changed from an enterprise fund to the general fund. She also wants to know if it
would affect the internal service charges. J. Watling responded that there are some
intergovernmental charges that are above and beyond internal service charges
because it's an enterprise, adding that the Admissions tax is topic for discussion.
The committee members agreed that these funds should be studied, as well as the
Admissions Tax. Committeemember Ralph wants to know the formula used to
determine the intergovernmental charges - also, where it goes and why the
numbers change. Committeemember Ranniger feels this discussion needs to go to
full Council at a workshop in order to answer many questions.
Committeemember Albertson said she's heard from the community about the entry
being a green gateway into the city and their requests not to get rid of the open
space. J. Watling agreed that he's heard from residents and feels there is public
good derived from that entry point.
Committeemember Ralph asked about getting a list of the suggestions from the
public meetings. J. Watling shared that comments from the public meetings and the
online survey are available and staff will be working through some of the
suggestions. She asked, if a number of the suggestions were implemented, would it
generate enough funds to be considered. Committeemember Ranniger said that this
item should come back to the Parks and Human Services Committee to hear
options before going to a Council Workshop. J. Watling agreed to work on options
to present at a future meeting.
RC Sample attended the meeting and was asked to share his comments. He
acknowledged that government numbers, as they are provided, are difficult to
understand. He asked for public comment and the minutes from the meeting.
Committeemember Ranniger replied that the minutes will be available next month.
Mr. Sample felt the focus on the golf complex issues has been on the expense side
and not revenue - like increasing play at the Par 3. Since play has been down, we
should be able to build it back up by recruiting new players from the other courses
that have closed down, or offer Jack and Jill plays. He said 20% or more of the
players at the 9-hole on Tuesdays are from outside Kent because there are no other
Par 3 courses in the area. He stated that it makes no sense that Par 3 courses are
being sold in order to make ends meet.
Committeemember Ranniger complimented Mr. Sample on his ideas and suggested
that a small task force be created to discuss options for the financial issues at
Riverbend. Mr. Sample is very interested in participating and wants to attend other
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city meetings as well. Committeemember Ranniger let him know that Council
Workshops are open to the public.
Mr. Sample apologized for being a challenge to work with, but explained that he is
very passionate about this issue. He wants to get his hands around the financial
situation and work with the city to make it right. He found it disturbing that the
internal services charges are higher during years that the course was low in
attendance. He understands that city services are necessary in order to operate the
golf complex, and at the same time, the numbers seem very high. After reviewing
the budget line items, he notes that Riverbend is actually doing well and even
paying for city services. He feels that the city is trying to take money from one
pocket and putting it in the other. He thinks the golf course may be run more cost
effectively by using outside services. He questioned the $2.25M loan and referenced
cost allocations. He stated that the property's worth far exceeds the size of the
debt. He wants the city to withdraw from selling the Par 3 and he'd like the
opportunity to assist in finding ways to increase revenue at the golf complex, and
work with the community to find a solution.
Committeemember Albertson referenced last year when the Parks and Streets Levy
was shot down by voters. She feels that Council is receiving a mixed message from
the community. Even though the levy was for park properties and not Riverbend,
the message was strong that the community doesn't want to pay anymore.
As an example of how Mr. Sample feels it doesn't make sense to sell the Par 3, he
said it would be like the city selling a hallmark city structure, such as City Hall,
tearing it down, and putting a double wide on the property for staff to work in.
Second Quarter Reports
J. Watling stated that many great things happened in the second quarter. He
shared that he is extremely proud to work with the Park's team and with Council for
the investments that Council allows us to make in the community. He asked the
committee members to take some time to review the second quarter reports.
Director's Report
Turnkey Park
One of the great projects that staff worked on in the second quarter was at Turnkey
Park with the volunteers, Disney and KaBOOM. The park will be dedicated July 20,
at 4:00 p.m.
Kent Valley Loop Trail
J. Watling distributed a schematic of the Kent Valley Loop Trail. Previously, staff
shared with Council the RFP process for the project. Since then, the Consultant,
Berger Partnership, is on board. Also, an art component has begun through the Arts
Commission. In short, as with all of our projects, we are trying to better leverage
our assets and further take care of what we have to create a great civic asset.
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Two of Council's Strategic goals are to Beautify Kent and Create Connectivity, and
this project exemplifies these goals. Public Works and Economic and Community
Development are integral partners in this effort. Some great outreach efforts will be
launched in the coming months.
The summer programs are going extremely well. Camps, playground programs, and
the Phoenix Academy are all very busy. Phoenix Academy is one of the sites of
National Night Out again this year.
The meeting adjourned at 6:15 p.m.
Respectfully submitted,
Teri Petrole
Teri, Peso-L
Council Committee Secretary
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PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S. '...
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Ronda Billerbeck, Cultural Programs Manager
THROUGH: Jeff Watling, Director of Parks, Recreation & Community Services
SUB3ECT: 2014 Washington State Arts Commission Project Support Grant
- Accept
MOTION: Move to recommend accepting the $3,950.00 grant from
Washington State Arts Commission and approving the expenditure of funds
in the Kent Arts Commission's budget.
SUMMARY: Washington State Arts Commission (WSAC) has awarded the Kent Arts
Commission a program support grant for 2014. Kent Arts Commission will us the
funding to support the presentation of performances and educational outreach
activities by Keola Beamer, Moanalani Beamer and R. Carlos Nakai (world music
and dance), as well as California Guitar Trio and Montreal Guitar Trio (classical and
world guitar) as part of the Spotlight Series.
EXHIBITS: Contract
BUDGET IMPACT: Kent Arts Commission Budget
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WASHINGTON STATE ARTS COMMISSION
Grant Contract
Program: Project Support—LevelB—Midsize Arts OrganizationsFY14
Contract No.2014107
THIS CONTRACT is made and entered into by and between the WASHINGTON STATE ARTS COMMISSION,711
Capitol Way S,Suite 600,PO Box 42675,Olympia,WA 98504-2675 hereinafter referred to as the COMMISSION,and
Name: Citv of Kent Arts Commission
Physical 220 4th Avenue South
......... "..................
Address: Kent,Washington 98032
Mailing 220 4th Ayenue,Sputh
Address: Kent,Washingmn MR Phone No: 253-856-5050
Web Site: hops://Ivww kentarts com
Washington State UBl: N/A
Federal Employee iD: 91:6001254
DUNS: 20253613
Social Security Number: N/A -
hereinafter referred to as the CONTRACTOR.
THE PARTIES MUTUALLY UNDERSTAND AND AGREE AS FOLLOWS:
A. PURPOSE OF CONTRACT
This Contract sets out the terms and conditions by which the COMMISSION provides a grant to the
CONTRACTOR for the purpose of developing,sponsoring,promoting or administering an activity,project or
program which is related to the conservation and development of artistic resources of the State of Washington.RCW
43,46 provides the statutory authorization for making the grant. The funding is administered under WAC Title 30.
B. DESCRTPTION OF THE ACTIVITY,PROJECT.OR PROGRAM
CONTRACTOR shall use fimds provided under this Contract No.2014107 solely for the grant proposal funded
through the Project Support for Midsize Arts Organizations for FY14 as described in Attachment A:Scope of
Work.
C. AMOUNT OF GRANT
Total amount provided under this contract:THREE THOUSAND NINE HUNDRED FIFTY AND 00/100 Dollars
(S3,950.00)
1. The Commission provides State Funds in the amount of ZERO AND 00/100 Dollars ($0.00)to the
CONTRACTOR.
2. The Commission provides Federal Funds in the amount of THREE THOUSAND NINE HUNDRED FIFTY
AND 00/100 Dollars ($3,950.00)to the CONTRACTOR.
Applicable only if Contract includes Federal Funds:
Federal Catalog of Domestic Assistance No: 45.025
Federal Grant No: 12-6100-2022
Grant Contract No.2014107 Page 2 of 13
Page 10
3. CONTRACTOR agrees to match this grant with cash and/or in-kind resources equal to or greater than the total
funds provided by the COMMISSION.
4. Payments will be made in accordance with the payment schedule set forth in Attachment B.
D. CONTRACT PERIOD
Funds are awarded for the period beginning August 15,2013 to June 30,2014. The CONTRACTOR must expend
all funds by the ending date of this contract. The CONTRACTOR shall notify the COMbIISSION immediately in
writing if any portion.of the funds will not be expended by the end of the fiscal year.
E. CONTRACT REPRE SENTATIVES
The following shall be the contact persons for all communications and billings regarding the performance of this
Contract. Either party shall provide written notification to the other of changes in contract representation.
CONTRACTOR's Contract Representative: COMMISSION'S Contract Representative
Name Ronda Billerbeck Name Christel Ratliff
.......... ....... .
and Title: Cultural Programs Managor and Title: Program Coordinator j
Org. City_of Kent Arts CommissionOrg: Washington State Arts Commission-
Name: Name: Grants to Organizations
�20 4th. �vepue.South
Address: Kent,Washington, Mu0 Ol Address: Box 42675
Olympia,WA 98504-2675
Phone: 253-856-5050 Phone: (360)586-0026
....................
E-Mail: rbillerbeck kentwa. ov E-Mail: ehristel.ratliff,,aarts.wa. ov
F. LIMITATION OF AUTHORITY
The COMMISSION's Agent shall be the Executive Director of the Washington State Arts Commission. Only the
COMNIISSION's Agent shall have the express,implied,or apparent authority to alter,amend,modify,or waive any
clause or condition of this contract.The Agent may delegate this authority,but such delegation is effective only if in
writing. See General Terms and Conditions for Contract Amendment or Modification procedures.
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract shall be subject to this Contract and its attachments including
the following,which by this reference,are made a part of this Contract:
Attachment A: Scope of Work and Reporting Requirements
AttachmentB: Payment Schedule
Attachment C: General Terms and Conditions
Attachment D: Invoice Voucher
Attachment E: National Endowment for the Arts General Terms and Conditions for federal Funding
Grant Contract No.2014107 Page 3 of 13
Page 11
H. INSURANCE
Automobile Liability:In the event that services delivered pursuant to this contract involve the use of vehicles,either
owned or unowned by the CONTRACTOR,the CONTRACTOR shall require the owner or driver of the automobile
to provide automobile liability insurance. The minimum limit for automobile liability is:$100,000/$300,000 bodily
injury and$100,000 property damage.
I. ENTIRE CONTRACT
This Contract including all attachments contains all the terms and conditions agreed upon by the parties. No other
understandings,oral or otherwise,regarding the subject matter of this contract and attachments shall be deemed to
exist or to bind any of the parties.
J. FINAL REPORT
The CONTRACTOR shall provide a Final Report to the COMMISSION within 30 days following the Contract
Period ending date.All Final Report materials must be submitted through the COMMISSION's Grants Online
System at httpJ/wsac.culturegrants.org.
i
THIS CONTRACT is executed by the persons signing below who warrant that they have authority to execute this
contract.
City of Ke Arts Commission WASHINGTON STATE ARTS COMMUSSION
(signature ofparty authoriz d to. for CONTRACTOR) Kris Tucker,Executive Director
L I Date:
(printed nante of signatory)
/7
(printed title ofsignatory)
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Date:
APPROVED AS TO FORM:
(Signature of Kathryn Wyatt,Assistant Attorney General,State of Washington,July 11,2013 on file in fiscal office)
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Grant Contract No.2014107 Page 4 of]3
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Page 12
GRANT CONTRACT-ATTACHMENT"A"
Scope of Work and Reporting Requirements
Program: Project Support—Level B—Midsize Arts Organizations FYI
Contract No.2014107
CONTRACTOR:City of Kent Arts Commission The CONTRACTOR agrees that funds shall be received solely
for the services and/or reimbursements described here below:
Project Support assistance with:
Kent Arts Commission will present two performances with educational outreach as part of the 2013-2014 Spotlight
Series.Keola Beamer and company will present Malama Ko Aloha,an evening of Hawaiian music and culture,as
well as slack key guitar and hula workshops.California Guitar Trio Montreal Guitar Trio will present a concert of
world and classical guitar music and two school activities.
Event Announcement and Documentation:
The CONTRACTOR must provide to the Grants to Organizations office of the COMMISSION, any public
announcement,press release,or other direct mail or electronic mail announcement of the event(s)funded raider this
contract.The CONTRACTOR will mail such public announcements to:.
Grants to Organizations
Washington State Arts Commission
PO Box 42675
Olympia,WA 98504-2675.
Final Report Obligations:
Every grant recipient must submit a Final Report to the Washington State Arts Commission's Grants to
Organizations,30 days following the contract ending date;this is a contractual obligation for the grant. The
completed form must be received by the Washington State Arts Commission(ArtsWA),Grants to Organizations,
5:00 P.Al.,August 1,2014.Final Report Materials mast be submitted through the COMMISSION's Grants Online
System bttp://wsac.culture6rants.org.
Final Report Penalty:
Grant recipients that do not submit Final Reports by the August 1,2014 deadline will have a 10%penalty deducted
from any future grant from Grants to Organizations.
Contacting Legislators:
The Washington State Arts Commission's grant programs are made possible by appropriations from the State of
Washington and the National Endowment for the Arts. It is important that legislators hear about the public benefit
provided by ArtsWA's grant funds. For this reason,grant recipients are required to submit a copy of at least one
letter to a state senator or state representative as part of their Final Report. If you are not sure who these elected
officials are,or need their contact information,go to http//aup leg wa gov/districtfilider.
Logo Credit:
A I SWA �
NATIONAL
WASHINGTON STATE ENDOWMENT
ARTS COMMISSION FOR THE Aars
Recipients of grants and programs are asked to credit ArtsWA in promotional communications about the grant.The
ArtsWA logo maybe downloaded from the website:www.arts.wa.gov. If your grant includes federal funding(which
would be stated on page 1 of your contract),you are also obligated to credit the National Endowment for the Arts
(NEA)in the same manner as ArtsWA.NEA logos are downloadable at WR'w.artS.goy.
Grant Contract No.2014107 Page 5 of 13 Attachment A ���
Page 13
GRANT CONTRACT-ATTACHMENT`B
Payment Schedule
Program: Project Support—Level B—Midsize Arts OrganizationsFY14
Contract No.2014107 '...
CONTRACTOR: City of Kent Arts Commission
The CONTRACTOR agrees that funds as awarded in section(1)of the CONTRACT and in consideration of section
(2)of the CONTRACT,will be paid to the CONTRACTOR by the COMMISSION in consideration of the following
terns and conditions:
1. No funds will be paid to the CONTRACTOR in advance of the contract starting date stated in section D
of the CONTRACT;
2. Payments will be made after the expenses for which COMMISSION funds were committed have been
incurred;
3. All requests for payment shall be on the form of voucher set forth in Attachment D.
4. You have the option of obtaining your grant payments via direct deposit through the Department of
Lnterprise Services.The necessary forms are downloadable from www.arts.wa.zov/grants/grants-
resources.
5. The COMMISSION will make payment to the CONTRACTOR within 30 business days of receipt of
a properly completed invoice,which shall include documentation of authorized expenses.
6. The schedule for payment is as follows:
Month/Year Amount
8/1/2013 $3,950.00
or upon project completion
TOTAL AWARD $3,950.00 '...
nt Contract No.20] 107 Page 6 of 13
Cra �_ Attachment B I
Page 14
GRANT CONTRACT-ATTACIIMENT"C"
General Terms and Conditions
Program: Project Support—LevelB—Midsize Arts OrganizationsFY14 '....
Contract No.20141.07
CONTRACTOR: City of Kent Arts Commission
TABLE OF CONTENTS
This table of contents is for reference purposes only and shall not be considered a substantive part of this Contract.
A. HEADINGS AND DEFINITIONS.........................................:...................................2 !.!.
B. GENERAL CONTRACT TERMS
Amendments or Modifications ....................................................................................2
Conformance with Law................................................................................................2
Orderof Precedence....................................................................................................2
Severability..................................................................................................................2
Waiver of Default or Breach.......................................................................................2
C. PERFORMANCE AND GENERAL RESPONSTBILITIES
Covenant Against Contingent Fees..............................................................................2
Indemnification............................... ........3
Independent Capacity of Contractor......................_........,.........................................3
Nonassignability..........................................................................................................3
Publicity/Acicnowledgements.........................................................___.......................3
Reproduction...............................................................................................................3
Services within Washington........................................................................................3
D. COMPLIANCEWITHLAWS RECORDKEEPNG AND INSPECTIONS
Americans with Disabilities Act..................................................................................3
Compliance with Applicable Law................................................................................3
Conflictof Interest.................................._...................................................................4
HazardousSubstances.......—.......................................................................................4
NondiscriminationLaws.........................................................................__.................4
Public Disclosure/Confidentiality................................................................................4
Records,Documents,and Reports...............................................................................4
Registration with Department of Revenue...................................................................5
Rightof Inspection......................................................................................................5
E. FUNDING,REIMBURSEMENT AND BUDGET
Advance Payments Prohibited.................. ... .....................................................5
Fundsnot Supplanting.................................................................................................5
Taxes.......................................-.................................................................................5
Traveland Per Diem....................................................................................................5
F. TERMINATION AND DISPUTES
Disputes........... 5
............................................................................................................
GoverningLaw and Venue..........................................................................................5
Savings .......................................................................................................................5
Termination for Convenience..............................__....................................................6
Termination or Suspension for Cause..........................................................................6
G. ADDITIONAI FEDERAL FUNDING REQUIREMENTS
Application..................................................................................................................6
Publicity/Acknowledgements —.................................................................I................6 '
NEA General Terms and Conditions...........................................................................6
Grant Contract No.2014107 Page 7 of 13 Attachment C
Page 15
A. HEADINGS AND DEFINITIONS
DEFINITIONS-As used throughout this Contract,the following terms shall have the meaning set forth below:
"COMMISSION"shall mean the Washington State Arts Commission,any division,section,office,unit or other
entity of the Commission,or any of the officers or other officials lawfully representing that Commission.
"AGENT"shall mean the Executive Director,Washington State Arts Commission,and/or the delegate
authorized in writing to act on his/her behalf.
"CONTRACTOR" shall mean that firm,provider,organization,individual or other entity that has been awarded
a grant of funds under this Contract,and shall include all employees of the CONTRACTOR. ',..
"NEA"shall mean the National Endowment for the Arts.
"SUBCONTRACTOR"shall mean one not in the employment of the CONTRACTOR,who is performing all or
part of those services under this Contract under a separate contract with the CONTRACTOR. The terms
"Subcontractor"and"Subcontractors"mean Subcontractor(s)in any tier.
HEADINGS-Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
B. GENERAL CONTRACT TERMS
AMENDMENTS OR MODTFICATION-This Contract may be amended or modified only by mutual consent of the
COMMISSION and CONTRACTOR. To be effective,any amendment or modification must be in writing,signed
by all parties,and attached hereto. No oral understanding or agreement binds the parties.
CONFORMANCE-If any provision of this contract violates any statute or rule of law of the State of Washington,it
is considered modified to conform to that statute or rule of law.
ORDER OF PRECEDENCE—The items listed below are incorporated herein by reference. In the event of an
inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and Washington State statutes and regulations including applicable Federal and State
Executive Orders.
2. Special Terms and Conditions of this Contract,including
a. Scope of Work and Reporting Requirements
b. Modifications to the General Terms and Conditions
3. General Terms and Conditions
4. NEA General Terms and Conditions if Federal funds are committed by this Contract.
5. All other attachments or material incorporated by reference. _
SEVERABILITY-If any provision of this Contract or any provision of any document incorporated by reference is
held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without
the invalid provision,and to this end the provisions of this Contract are declared to be severable.
WAIVER OF DEFAULT OR BREACH--Waiver of any default or breach shall not be deemed to be a waiver of any
subsequent default or breach.Waiver of any default or breach shall not be construed to be a modification of the
tennis of the Contract.
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
COVENANT AGAINST CONTINGENT FEES-The CONTRACTOR warrants that no person or selling agent has
been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee,excepting bona fide employees or a bona fide established agent maintained
by the CONTRACTOR for the purpose of securing business. The COMMISSION shall have the right,in the event
of breach of this clause by the CONTRACTOR,to annul this Contract without liability,or,in its discretion,to
deduct from the contract price or consideration or recover by other means the full amount of such commission,
percentage,brokerage or contingent fee.
Grant Contract No.2014107 Page 8 of 13 Attachment C
Page 16
INDEMNIFICATIONr—To the fullest extent permitted by law,the CONTRACTOR shall indemnify defend,and
hold harmless the State of Washington,including the COMMISSION and all officials,agents,employees of the State
from and against any liability,damages, claims,suits and/or expenses arising out of or resulting from performance of
this Contract,including,but not limited to,injury to persons or property,failure to follow applicable law,acts that
are libelous or slanderous,and the violation or infringement of any copyright,patent,trademark,trade name or unfair
trade practice law. The CONTRACTOR's obligation to indemnify,defend,and hold harmless includes any claim by
the CONTRACTOR's agents, employees,representatives,or any subcontractor or its employees.The
CONTRACTOR shall be required to indemnify,defend,and hold harmless the State only to the extent claim is
caused in whole or in part by negligent acts or omissions of the CONTRACTOR.
INDEPENDENT CAPACITY OF CONTRACTOR This Contract creates an independent contractor relationship.
The CONTRACTOR and its employees or agents performing under this Contract are not employees or agents of the
COMMISSION or the State of Washington.The CONTRACTOR and its employees or agents will not hold
themselves out as nor claim to be officers or employees of the COMMISSION or of the State of Washington by
reason of this Contract and will not make any claim,demand,or application to or for any right or privilege which
would accrue to such an officer or employee under law. The COMMISSION shall not control or otherwise supervise
the manner in which this Contract is performed.
NONASSIGNABILITY—The CONTRACTOR shall not assign this Contract,any rights or obligations under this
Contract,or any claim arising under this Contract without prior written consent of the COMMISSION.
PUBLICITY/ACI{NOWLEDGEMENTS—The CONTRACTOR shall acknowledge the COMMISSION in all
printed or oral material and announcements,including in-person interviews with audio,video,or print journalists,
which result from this Contract, as follows:"This program is supported,in part,by a grant from ArtsWA(the
Washington State Arts Commission)." -
REPRODUCTION-The CONTRACTOR relinquishes to the State and its assigns royalty-free,irrevocable,non-
exclusive license to make photographic or graphic reproductions or otherwise use data and copyrightable materials
that result from this Contract,provided that such use or reproduction shall be only for government purposes.Data
shall include,but is not limited to,reports,documents,pamphlets,other printed matter,photographs,and sound
_ recordings.Government purposes shall include,but are not limited to,(1)internal documents such as memoranda
and(2)public releases such as advertising,brochures,media publicity and catalogs or other similar publications,
social media or other electronic communications,provided that the author or artist is credited.All reproductions of
eopyrightable material by the State in public releases shall contain a credit to the author or artist where applicable.
SERVICES WITHIN WASHINGTON-The CONTRACTOR agrees that no funds under this Contract will be used
for activities or services outside the State of Washington,without prior authorization of the COMMISSION. -
D. COMPLIANCE WITH LAWS RECORDKEEPING,AND INSPECTION
AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,also referred to as the
"ADA"28 CRF Part 35.—The CONTRACTOR must comply with the ADA,which provides comprehensive civil
rights protection to individuals with disabilities in the areas of employment,public accommodation,state and local
government services,and telecommunications.
COMPLIANCE WITH APPLICABLE LAW.The CONTRACTOR shall comply with all applicable and current
federal,state,and local laws,regulations,and policies,including all applicable local,state,and federal licensing,
accreditation and registration requirements/standards necessary for the performance of this Contract.
In the event of the CONTRACTOR's noncompliance or refusal to comply with any applicable law or policy,the
COMMISSION may rescind,cancel or terminate this Contract for cause in whole or in part. The COMMISSION
also may declare the CONTRACTOR ineligible for further grant awards from the COMMISSION.
CONFLICT OF INTEREST. Notwithstanding any determination by the Executive Ethics Board or other tribunal,
the COMMISSION may,by written notice to the CONTRACTOR,terminate this Contract if it is found after due
notice and examination by the COMsVIISSION that there is a violation of the Ethics in Public Service Act,Chapter
42.52 RCW,or any similar statute involving the CONTRACTOR in the procurement of,or performance under,this
Contract._
Grant Contract No.2014107 Page 9 of 13 Attachment C
Page 17 '..
In the event this Contract is terminated as provided above,the COMMISSION shall be entitled to pursue the same
remedies against the CONTRACTOR as it could pursue in the event of a breach of contract by the CONTRACTOR.
The rights and remedies of the CO.VIMISSION provided for in this clause,shall not be exclusive and are in addition
to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any
determination under this clause shall be an issue and may be reviewed as provided in the"Disputes"clause of this
Contract.
HAZARDOUS SUBSTANCES. The CONTRACTOR will defend,protect and hold harmless COMMISSION 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 or threatened release of,hazardous substances as defined by state and federal law on
the property covered by the project.
NONDISCRIMINATION LAWS—During the performance of this Contract,the CONTRACTOR shall comply with
all federal and state nondiscrimination laws,regulations,or policies.If the CONTRACTOR does not comply or
refuses to comply with nondiscrimination laws,regulations or policies,the COMMISSION may rescind,cancel,or
terminate this Contract in whole or in part and may also declare the CONTRACTOR ineligible for further contracts
with the COMMISSION, The CONTRACTOR shall be given a reasonable time in which to cure.noncompliance.
Any dispute may be resolved in accordance with the"Disputes"provision in this Contract.
PUBLIC DISCLOSURE/CONFIDENTIALITY—CONTRACTOR acknowledges that the COMMISSION is subject
to Chapter 42,17 RCW,the Public Disclosure Act and that this Contract shall be a public record as defined in RCW
42.17.250 through 42.17.340. Any specific information that is claimed by the CONTRACTOR to be confidential or
proprietary must be clearly identified as such by the CONTRACTOR. To the extent consistent with Chapter 42.17
RCW,the COMMISSION shall maintain the confidentiality of all such information marked confidential or
proprietary. If a request is made to view the CONTRACTOR's information,the COMMISSION will notify the
CONTRACTOR of the request and the date that such records will be released to the requester unless
CONTRACTOR obtains a court order enjoining that disclosure. If the CONTRACTOR fails to obtain the court
order enjoining disclosure,the COMMISSION will release the request information on the date specified,
RECORDS DOCUMENTS,AND REPORTS—The CONTRACTOR shall maintain complete financial records,
including all accounts,books,records,documents,invoices and other evidence,that sufficiently and properly reflect
all direct and indirect costs of any nature expenses incurred and revenues acquired under this Contract. The records
must clearly show that matching expenditures,if required,are not less than the amount granted in the approved
application and this Contract. The system of accounting employed by the CONTRACTOR shall be in accordance
with generally accepted accounting principles,and will be applied in a consistent manner so that the project finances
can be clearly identified.
These records shall be subject at all reasonable times to inspection,review,or audit by personnel duly authorized by
the COMMISSION,the Office of the State Auditor,and Federal officials so authorized by law,rule,regulation,or
contract. The CONTRACTOR will retain all books,records, documents,and other materials relevant to this
Contract for six years after termination or expiration of the Contract,and make them available for inspection by '......
persons authorized under this provision. 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.
REGISTRATION WITH THE DEPARTMENT OF REVENUE-The CONTRACTOR shall complete registration,
if required by law,with the Washington State Department of Revenue,P.O.Box 47450,Olympia,WA 98504-7450,
http://dor.wa.gov. The CONTRACTOR shall be responsible for payment of all taxes due on payments made under
this Contract.
RIGHT OF INSPECTION—The CONTRACTOR shall cooperate with and freely participate in any monitoring or
evaluation activities conducted by the COMMISSION pertinent to the intent of this Contract,including right of entry
for periodic site inspections.The CONTRACTOR shall provide right of access to the facilities and/or site of the
activity,project,or program to the COMMISSION,or to any of its officers,or to any other authorized agent or
official of the State of Washington or the Federal government at all reasonable times,in order to monitor and
evaluate performance,compliance,and/or quality assurance under this Contract.
Grant Contract No.2014107 Page 10 of 13 Attachment C
Page 18 ',
E. FUNDING REIMBURSEMENT AND BUDGET
ADVANCE PAYMENTS PROHIBITED-No payments in advance or in anticipation of services or supplies to be
provided under this Contract shall be made by the COMMISSION.
TAXES—All payments accrued on account of payroll taxes,unemployment contributions,any other taxes,insurance
or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.
TRAVEL AND PER DIEM-In the event the Contract expressly provides for the CONTRACTOR to be reimbursed
for out-of-pocket expenses,the CONTRACTOR will be reimbursed for travel expenses at the State rates for mileage
and per diem in effect at the time these expenses are incurred. The COMMISSION reserves the right to audit
documents supporting billings made for out-of-pocket expenses.
F. TERMINATION AND DISPUTES
DISPUTES.Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot
be resolved by direct negotiation,either parry may request a dispute hearing of the other according to the process set
out in this section. Either party's request for dispute hearing must be in writing and clearly state:
1. The disputed issue(s);
2. The relative positions of the parties;
3. The CONTRACTOR's name,address and project title.
The requesting party shall mail the request for hearing to the other party within 5 working days after the parties agree
that they cannot resolve the dispute,Within 5 working days of receipt of the request,the receiving party shall
respond by either accepting or refusing the request for dispute resolution.
If both parties agree to a dispute hearing,the dispute shall be heard by a panel of three persons consisting of one
person selected by the CONTRACTOR,one person selected by the COMMISSION,and a third person chosen by
the two persons initially appointed.Any hearing under this section shall be informal,with the specific processes to be
determined by the panel according to the nature and complexity of the issues involved. The process may be solely
based upon written material if the parties so agree. Provisions of this Contract shall govern the panel in deciding the
disputes.The parties shall equally share all cost associated with implementation of this process.
The decision of the panel shall not be admissible in any succeeding judicial or quasi-judicial proceeding
concerning the Contract. The parties agree that these dispute resolution proceedings shall precede any '..
action in a judicial or quasi-judicial tribunal,Nothing in this Contract shall be construed to limit the parties' !i
choice of a mutually acceptable alternative dispute resolution method in addition to the dispute resolution
procedure outlined above.
GOVERNING LAW AND VENUE—Washington law shall govern this Contract. In the event of a lawsuit
involving this Contract,venue shall be proper in Thurston County. -
SAVINGS If any State,Federal,private,or other funding source withdraws,reduces,or limits in any way the funds
appropriated for the work under this Contract prior to normal termination of the Contract,the COMMISSION may
terminate the Contract without advance notice. At the CONLMISSION's discretion,the parties may renegotiate the
Contract under those new funding limitations and conditions.If this Contract is so terminated,the parties shall be
liable only for performance rendered or costs incurred in accordance with the terms of this Contract prior to the
effective date of termination. '...
TERMINATION FOR CONVENIENCE-Either party may terminate this Contract upon 15 days'prior written
notification to the other party. If this Contract is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Contract prior to the effective date of termination.
TERMINATION OR SUSPENSION FOR CAUSE—In the event the COMMISSION determines the
CONTRACTOR has failed to comply with the conditions of this Contract in a timely manner,the COMMISSION
has the right to suspend or terminate the Contract. Before suspending or terminating the Contract,the
COMMISSION shall notify the CONTRACTOR in writing of the need to take corrective action, If corrective action
is not taken within fifteen(15)days of receiving notice,the COMMISSION may terminate or suspend the Contract.
Grant Contract No.2014107 - Page 11 of 13 Attachment C
Page 19
If the Contract is terminated for cause,the COMMISSION reserves the right to require the CONTRACTOR to repay
all or any portion of funds paid to the CONTRACTOR prior to termination.The CONTRACTOR shall make
repayment within thirty(30)days of die demand. If the COMMISSION is required to institute legal proceedings to
enforce this repayment provision,the COMMISSION shall be entitled to its costs,including reasonable attorneys'
fees.However,repayment shall not be the sole or exclusive remedy available to the COMMISSION. No remedy
available to the COMMISSION shall be deemed exclusive. The COMMISSION may elect to exercise any single,
any combination,or all of the remedies available to it under this Contract,or under any provision of law,common
law,or equity.
G. ADDITIONAL TERMS AND CONDITIONS IF GRANT INCLUDES FEDERAL FUNDS.
APPLICATION—If federal funds are committed by this Contract,the CONTRACTOR shall abide by the following
conditions.
PUBLICITY/ACKNOWLEDGEMENTS—The PUBLICITY/ACKNOWLEDGEMENT provision elsewhere in this
Contract is hereby amended as follows:
"The CONTRACTOR shall acknowledge the COMMISSION and the NEA in all printed or oral
material and announcements,including in-person interviews with audio,video,or print journalists,
which result from this Contact,as follows:"This program is supported,in part,by a grant from the
Washington State Arts Commission(now also known as"ArtsWA")and the National Endowment for
the Arts."
Additionally,all printed materials shall display the NEA logo as per NEA General Terms and Conditions,
Attachment E.
NEA GFNERAL TERMS AND CONDITIONS. The NEA has awarded the federal funds committed by this
Contract to the COMMISSION. The COMMISSION is obligated to the NEA to administer the funds according to
the NEA General Terms and Conditions set forth in Attachment F. All Legal Requirements(Federal Laws,rules,
regulations and OMB Circulars)enumerated in the NEA General Terms and Conditions apply to the
CONTRACTOR.As a subgram recipient,the CONTRACTOR shall abide by the NEA General Terms and
Conditions not inconsistent with the Special and General Terms and Conditions of this Contract.
Grant Contract No.2014107 Page 12 of 13 Attachment C
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Washinaton State Arts Commission
CONTRACT-ATTACHMENT E
National Endowment for the Arts (NEA)
Federal Swbgranting Requirements
Updated July 2013
This grant includes federal funds from the National Endowment for the Arts. Signing and returning
your grant contract confirms your compliance with all pertinent federal requirements, regulations
and laws, including the following:
A. Project Costs supported by the NEA—There may be no overlapping project costs between
two or more Federal awards. This grant may not be used to match a direct grant from the NEA
(or vice versa).
B. Uniform Administrative Requirements —establishes administrative standards to ensure
consistency among recipients of Federal awards. OMB CircularA-110 applies to grantees that
are non-profit organizations, colleges, and universities; 45 Code of Federal Regulations Part
1157 applies to grantees that are units of state and local governments and federally recognized
Indian Tribal governments.
C. Cost Principles—establishes allowability of costs for work performed under an Arts
Endowment award. OMB CircularA-122 applies to grantees that are non-profit organizations
other than institutions of higher education; OMB CircularA-21 applies to public and private
institutions of higher education; OMB Circular-87 applies to local governments and federally
recognized Indian tribal governments
D. Title VI of the Civil Rights Act of 1964 as amended, provides that no person in the United
States shall, on the grounds of race, color or national origin, be excluded from participation in,
be denied benefits of, or be subject to discrimination under any program or activity receiving
federal financial assistance. Title VI also extends protection to persons with limited English-
language proficiency.
E. Title IX of the Education Amendments of 1972 provides that no person in the United States
shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving federal assistance
F. Age Discrimination Act of 1975 provides that no person in the United States shall, on the
basis of age, be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity receiving federal financial assistance.
G. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified disabled
individual in the United States, shall, solely by reason of hislher disability, be excluded from the
participation in, be denied the benefits of, or be subjected to discrimination under any program
or activity receiving federal assistance. Under this regulation, a federally funded arts program
when viewed in its entirety must be accessible to all persons. The National Endowment for the
Arts issued its regulations in 1979 (amended 2003) to enforce the existing law(45 CFR 1151).
You must have a Section 504 self-evaluation on file at your organization. Additional
information, including The Arts and Humanities Accessibility Checklist, is available online at
http://www.arts.gov/resourceslAccessibility .
H. Americans with Disabilities Act(ADA) of 1990, as amended, prohibits discrimination on the
basis of disability in employment (Title 1), State and Local Government Services (Title II), and
places of public accommodation and commercial facilities (Title 111).
I. Labor Assurance—you must comply with the labor standards set out in 29 CFR Part 505.
You provide this assurance by signing and returning your grant invoice(s)to ArtsWA.
J. Federal Debt Status (OMB CircularA-129) —you may not be delinquent in the repayment of
any federal debt.
K. Debarment and Suspension (NEA regulations implementing Executive Orders 12549 and
12689 in Title 2 CFR, Chapter 32, Part 3254) if the NEA receives information regarding a
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grantee's fitness to administer federal funds such as fraud or theft, lack of business integrity, or
any other cause of so serious or compelling a nature that it affects an organization's present
responsibility, they may suspend funds and debar the grantee from future federal funding for a
period of up to three years. Signing this grant contract also confirms that you are presently fit
to administer the terms of the grant, with no evidence to the contrary or any previous cause for
debarment or suspension.
L. The National Historic Preservation Act of 1966 applies to any Federal funds that would
support either the planning or major renovation of any structure eligible for or on the National
Register of Historic Places, in accordance with Section 106.
M. The National Environmental Policy Act of 1969 applies to any Federal funds that would
support an activity that may have environmental implications (e.g., outdoor murals, outdoor
festivals, outdoor sculptures, etc.).
N. Prohibition Against Lobbying: OMB CircularA-122/Section 319 of Public Law 101-121,
codified at 31 U.S.C. Sec. 1352/45 CFR Part 1158: grantees must adhere to the prohibition
against lobbying within a federally supported grant project which states that no federal
appropriated funds have been paid or will be paid by or on behalf of the grantee, to any person
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with the making of any federal grant, the entering into any federal grant or
cooperative agreement, and the extension, continuation, renewal, amendment, or modification
of any federal grant or cooperative agreement.
O. Native American Graves Protection and Repatriation Act of 1990 applies to any
organization which controls or possesses Native American human remains and associated
funerary objects, and which receives Federal funding, even for a purpose unrelated to the Act.
Additional information about the above federal requirements are available on the NEA
website http://www.nea.gov/manageaward/GTC.pdf.
In addition, the NEA requires that vou:
• Provide ArtsWA with a final report. ArtsWA reserves the right to request additional information
or reports necessary for us to fulfill all applicable Federal reporting requirements.
• Use U.S. air carriers for foreign travel consistent with the Fly America Act.
• Maintain financial records and supporting documents pertinent to the award for three years
following submission of your final report. During the project period and the subsequent three-
year retention period, ArtsWA reserves the right to request timely and unrestricted access to
project records.
• Make your best effort to purchase American-made equipment and products, consistent with the
Buy American Act.
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Parks, Recreation and Community Services
Jeff Watling, Director
Phone: 253-856-5007
Fax: 253-856-6050
W�5 n I u G T o N Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 19, 2013
TO: City Council Parks and Human Services Committee
FROM: Alex Ackley, Superintendent of Facilities
THROUGH: Jeff Watling, Director of Parks, Recreation, and Community Services
SUBJECT: New Connections Lease Agreement - Authorize
MOTION: Move to recommend Council authorize the Mayor to sign the
Lease Agreement with St. Vincent de Paul-New Connections to rent the
city-owned building located at 422 West Titus Street, subject to final
terms and conditions acceptable to the City Attorney and the Parks
Director.
SUMMARY: New Connections, a nonprofit agency serving Kent residents, has been
a tenant in the city-owned building located at 412 West Titus Street since June,
2003. The condition of the current location is no longer adequate to run the
tenant's programs, therefore, the tenant will be moving to the city-owned building
located next door at 422 W. Titus. In consideration of this 5-year agreement, the
Lessee pays all costs associated with or arising out of the maintenance, operation,
and agreed upon tenant improvements (Exhibit B) of the leased premise in lieu of
paying rent. The Lessee will also pay a monthly Leasehold Excise Tax in the amount
of $267.30 based on an estimated fair market value rental of $2,349.00 per month.
Through an agreement with DSHS under their Career Path Services Program, New
Connections provides six to twelve months of training for individuals in their office
(paid for by DSHS). During the last year, New Connections trained several
individuals in work and office skills and gained valuable (no-cost) employees which
allowed them to provide extremely low cost assistance.
EXHIBITS: Lease Agreement
BUDGET IMPACT: Facilities Lease Budget
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LEASE AGREEMENT
BETWEEN THE CITY OF KENT AND
ST. VINCENT DE PAUL - NEW CONNECTIONS
THIS LEASE AGREEMENT ("Lease") is entered into by and between the CITY
OF KENT, a municipal corporation of the State of Washington ("City"), and St.
Vincent de Paul-New Connections, a Washington non-profit corporation ("Tenant").
The City and Tenant agree as follows:
AGREEMENT
1. PREMISES.
1.1 Premises Defined. The City leases to Tenant and Tenant leases from
the City the real property described in Exhibit A, which is attached to this Lease
and incorporated by this reference, and buildings located at 422 West Titus Street,
Kent, Washington (collectively the "Premises" or "Leased Premises"). The City will
use the parking lot on the Premises for parking of City vehicles and employee
parking.
1.2 Survey Maps, and Plans. Tenant is not relying upon and the City is
not making any representations about any survey, plat, diagram, and/or legal
description provided by the City.
1.3 Inspection. The City makes no representation regarding the condition
of the Premises. Tenant is currently in possession of the Premises under a prior
lease agreement. Tenant shall be deemed to have accepted possession of the
Premises in "as-is condition."
2. TERM.
2.1 Term Defined. The term of this Lease shall commence on October 1,
2013 ("Commencement Date"), and shall terminate on September 30, 2018, (the
"Termination Date"), unless terminated sooner under the terms of this Lease.
2.2 Right to Terminate Early Without Cause. City and/or Tenant shall have
the right to terminate this Lease at any time during the Term upon ninety (90)
days' prior written notice of termination to the other party.
2.3 End of Term. Upon the expiration or termination of the Term, as
applicable, Tenant shall surrender the Premises to the City in the same or better
condition as on the Commencement Date, reasonable wear and tear excepted.
Non-permanent appliances, personal property, and trade fixtures belonging to
LEASE AGREEMENT - 1 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 26
Tenant or Tenant's Residents shall be removed by the Tenant at the end of the
Term. Any of the aforementioned items remaining at the end of the Term shall be
moved off of the Premises by the City at the Tenant's expense.
2.4 Hold Over. If Tenant remains in possession of the Premises after the
Termination Date, the occupancy shall not be an extension or renewal of the Term.
The occupancy shall be a month-to-month tenancy, on terms identical to the terms
of this Lease, which may be terminated by either party with thirty (30) days' written
notice. The monthly rent during the holdover shall be the same rent that would be
due if the Lease were still in effect and all adjustments in rent were made in
accordance with its terms. If the City provides a notice to vacate the Premises in
anticipation of the termination of this Lease or at any time after the Termination
Date and Tenant fails to do so within the time set forth in the notice, then Tenant
shall be a trespasser and shall owe the City all amounts due under applicable law.
3. LEASE PAYMENT.
3.1 Monthly Payment. During the Term hereof, Tenant may occupy the
leased premises rent free; in consideration of which Tenant shall:
a. pay leasehold tax at a rate established by the State of
Washington, currently 12.84%, in the amount required by law if Tenant were to pay
the monthly rental market rate of $2,349.00;
b. make all improvements at Tenant's sole expense, as outlined in
Exhibit B; subject to a final inspection and the approval of the Kent Building Code
Inspector and the Facilities Superintendent of the Kent Parks, Recreation and
Community Services Department; and
C. pay all costs associated with or arising out of the use,
maintenance, and operation of the Leased Premises.
4. OTHER EXPENSES.
During the Term, Tenant shall pay the following additional expenses:
4.1 Utilities. Tenant shall pay all fees charged for utilities in connection
with the use and occupancy of the Premises, including but not limited to electricity,
water, sewer, garbage, gas, and telephone service in a timely manner and prior to
delinquency.
4.2 Proof of Payment. Tenant shall, if required by the City, furnish to the
City receipts or other appropriate evidence establishing the payment of any
amounts required to be paid under the terms of this Lease.
LEASE AGREEMENT - 2 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 27 '..
4.3 Failure to Pay. If Tenant fails to pay any of the amounts due under
this Lease, the City may pay the amount due, and recover its cost from the Tenant.
Tenant shall pay City said amounts due within thirty (30) days of written notice
from the City. If the City pays or advances any amounts for or on behalf of Tenant,
including but not limited to leasehold taxes, taxes, assessments, insurance
premiums, costs of removal and disposal of unauthorized materials, costs of
removal and disposal of improvements pursuant to Section 6 below, or other
amounts not paid when due, Tenant shall reimburse the City for the amount paid or
advanced and shall pay interest on that amount at the rate of one percent (1%) per
month from the date the City notifies Tenant of the payment or advance.
S. USE.
5.1 Permitted Use. Tenant shall use the Leased Premises to provide
temporary single-family dwellings for homeless families with children under fourteen
years of age ("Residents") and for no other purpose without first obtaining the
City's prior written consent.
5.2 Restrictions on Use. Tenant shall not cause or permit any damage to
natural resources on the Premises. Tenant covenants and agrees that Hazardous
Substances, as defined in Section 5.5, will not be used, stored, generated,
processed, transported, handled, released, or disposed of in, on, under, or above
the Premises, except in accordance with all applicable laws. Tenant shall also not
cause or permit any filling activity to occur on the Premises. This prohibition
includes any deposit of rock, earth, ballast, refuse, garbage, waste matter
(including chemical, biological or hazardous substances, or toxic wastes),
hydrocarbons, any other pollutants, or other matter in or on the Premises. Tenant
shall neither commit nor allow waste to be committed to or on the Premises. If
Tenant fails to comply with all or any of the restrictions on the use of the Premises
set out in this Subsection 5.2, the City shall notify Tenant and provide Tenant a
reasonable time to take all steps necessary to remedy the failure. If Tenant fails to
do so in a timely manner, then the City may take any steps reasonably necessary to
remedy this failure. Upon demand by the City, Tenant shall pay all costs of such
remedial action, including but not limited to the costs of removing and disposing of
any material deposited improperly on the Premises. The covenants contained in
Section 5.2 shall survive expiration or termination of this Lease.
5.3 Conformance with Laws. Tenant shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates,
regulations, ordinances, statutes, and other government rules and regulations
regarding its use or occupancy of the Premises.
5.4 Liens and Encumbrances. Tenant shall keep the Premises free and
clear of any liens and encumbrances arising out of or relating to its use or
occupancy of the Premises. Should a lien be recorded against the Premises arising
LEASE AGREEMENT - 3 (October 2013)
(Between City of Kent and St, Vincent de Paul-New Connections)
Page 28
from actions by the Tenant, Tenant shall have thirty days after written notice by
City to remove the lien.
5.5 Definition - Hazardous Substance. "Hazardous Substance" means any
substance that now or in the future becomes regulated or defined under any
federal, state, or local statute, ordinance, rule, regulation, or other law relating to
human health, environmental protection, contamination or cleanup, including but
not limited to the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. 9601 and Washington's Model Toxics Control Act,
RCW 70.105D.010.
5.6 Miscellaneous. Tenant shall maintain smoke detection devices and
carbon monoxide detectors in accordance with the manufacturer's
recommendations, including the replacement of batteries as required for the proper
operation of the smoke detection device and carbon monoxide detectors. Tenant
shall properly dispose of all rubbish, garbage, and other organic or flammable waste
in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall
assume all costs of extermination and fumigation for infestation caused by Tenant.
6. IMPROVEMENTS.
6.1 Tenant-Owned Improvements. Tenant shall be responsible for all of
Tenant's improvements to the Premises. So long as this Lease remains in effect,
Tenant shall retain ownership of all authorized Tenant improvements and trade
fixtures it may place on the Premises (collectively "Tenant-Owned Improvements").
Tenant-Owned Improvements shall not include any construction, reconstruction,
alteration, or addition to the Premises by the City or any Unauthorized
Improvements as defined in Subsection 6.4 below. No Tenant-Owned
Improvements shall be placed on the Premises without the City's prior written
consent.
6.2 Construction. Prior to any construction, alteration, replacement,
removal or major repair of any improvements (whether City-Owned or Tenant-
Owned), Tenant shall submit to the City its plans that describe the proposed
activity. The City shall have fifteen (15) days in which to review the proposed plans.
The plans shall be deemed approved and the requirement for the City's written
consent shall be treated as waived, unless the City notifies Tenant otherwise within
the fifteen (15) days. The City's consent and approval shall not be required for any
routine maintenance or repair of improvements made by the Tenant pursuant to its
obligation to maintain the Premises in good order and repair that does not result in
the construction, alteration, replacement, removal, or major repair of any
improvements on the Premises. Any improvements shall be done in conformity
with the Uniform Building Code and City of Kent regulations. All work performed
shall be done in a workmanlike manner. The provisions of this section do not apply
LEASE AGREEMENT - 4 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 29
i
to obviate any permit requirements that may apply to the proposed activity.
6.3 Removal. Tenant-Owned Improvements shall be removed by Tenant
by the Termination Date, so long as such removal does not damage the Premises
and the Premises is restored to its original condition or better. If the Tenant-Owned
Improvements remain on the Premises after the Termination Date, they shall
become the property of the City without payment by the City. Any Tenant-Owned
Improvements remaining on the Premises at the end of the term that the City
deems need to be removed shall be removed by the City at the Tenant's expense.
6.4 Unauthorized Improvements. Improvements made on the Premises
without the City's prior consent pursuant to Subsection 6.2 or that are not in
conformance with the plans submitted to and approved by the City ("Unauthorized
Improvements") shall immediately become the property of the City, unless the City
elects otherwise. Regardless of ownership of Unauthorized Improvements, the City
may, at its option, require Tenant to sever, remove, and dispose of them. If Tenant
fails to remove an Unauthorized Improvement upon request, the City may remove
it and charge Tenant for the cost of removal and disposal.
7. ASSIGNMENT AND SUBLETTING.
7.1 City Consent Required. Tenant shall not sell, convey, mortgage,
assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's
interest in this Lease or the Premises without the City's prior written consent. In
the event of such consent, each permitted transferee shall assume all obligations
under this Lease. No assignment, sublet, or transfer shall release, discharge, or
otherwise affect the liability of Tenant.
7.2 Event of Assignment. If Tenant is a corporation, a dissolution of the
corporation or a transfer (by one or more transactions) of a majority of the voting
stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a
partnership, a dissolution of the partnership or a transfer (by one or more
transactions) of the controlling interest in Tenant shall be deemed an assignment of
this Lease.
7.3 Rent Payments Following Assignment. The acceptance by the City of
consideration following an assignment or other transfer shall not constitute consent
to any assignment or transfer.
S. INDEMNITY.
8.1 The City shall not be liable for any injury to any person or for any loss
of or damage to any property (including property of Tenant or Tenant's Residents)
occurring on or about the Premises and caused by or resulting from any act or
omission by Tenant, Resident, officer, agent, employee, guest, invitee, or visitor of
LEASE AGREEMENT - 5 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 30
Tenant or Tenant's Resident, and Tenant agrees and covenants to indemnify,
defend, and hold harmless the City and those persons who were, now are, or shall
be duly elected or appointed officials or members or employees or agents of the
City, against and from any loss, damage, costs, charge, expense, liability, claim,
demand, or judgments of whatsoever kind or nature whether to persons or
property, to the extent arising on said Premises or on any areas adjoining the
Premises that is under the control or use of Tenant pursuant to this Lease and
arising out of or in connection with Tenant's use and occupancy of the Premises,
including all legal costs and attorney fees, arising out of or in connection with this
Lease, except for that portion of injuries and damages caused solely by the City's
negligence.
8.2 Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of Tenant and the City, its officers, officials, employees, and
volunteers, the Tenant's liability hereunder shall be only to the extent of the
Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD
THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51, RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually
negotiated by the parties.
8.3 The provisions of this Section 8 shall survive the expiration or
termination of this Lease.
9. INSURANCE.
Tenant agrees to comply with the insurance requirements of Exhibit C at all
times during the term of this Lease.
10. MAINTENANCE AND REPAIR.
10.1 The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Premises, or
any part of the Premises, during the term of this Lease.
10.2 Tenant's Repairs Alteration Maintenance, and Replacement.
(a) Tenant shall, at its sole cost and expense, keep and maintain
the Premises, including the grounds, parking lot, and all improvements in good
order and repair, in a clean, attractive, and safe condition.
(b) Tenant shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the
LEASE AGREEMENT - 6 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 31
Premises or to any improvements on the Premises that may be required by any
public authority.
(c) All additions, repairs, alterations, replacements or changes to
the Premises and to any improvements on the Premises shall be made in
accordance with, and ownership shall be governed by Section 6 above.
11. DAMAGE OR DESTRUCTION. In the event of any damage to or destruction
of the Premises or any improvements, Tenant shall promptly give written notice to
the City. In the event of damage or destruction that renders the Premises unfit for
Tenant's use, Tenant may terminate this Lease upon thirty (30) days' written notice
to the City.
12. DEFAULT AND REMEDIES.
12.1 Event of Default. Tenant shall be in default of this Lease on the
occurrence of any of the following:
(a) Failure of Tenant to make the improvements as set forth in
Exhibit B;
(b) Failure to observe or perform any of the covenants, conditions
or provisions of this Lease, where such failure shall continue for a period of thirty
(30) days after written notice from City to cure the default;
(c) Failure to comply with any law, regulation, policy, or order of
any lawful governmental authority;
(d) Failure to comply with any other provision of this Lease;
(e) If proceedings are commenced by or against Tenant under any
bankruptcy act or for the appointment of a trustee or receiver of Tenants' property.
12.2 City's Remedies Upon Default. Upon an Event of Default, the City may
terminate this Lease with thirty (30) days' written notice to terminate and remove
Tenant by summary proceedings or otherwise. The City may also, without
terminating this Lease, relet the Premises on any terms and conditions as the City
in its sole discretion may decide are appropriate. If the City elects to relet, rent
received by it shall be applied: (1) to the payment of any indebtedness other than
rent due from Tenant to the City; (2) to the payment of any cost of such reletting;
and 3) to the payment of the cost of any alterations and repairs to the Premises.
Any balance shall be held by the City and applied to Tenant's future rent as it
becomes due. Tenant shall be responsible for any deficiency created by the
reletting during any month and shall pay the deficiency monthly. The City's reentry
or repossession of the Premises under this subsection shall not be construed as an
LEASE AGREEMENT - 7 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 32
election to terminate this Lease or cause a forfeiture of rents or other charges to be
paid during the balance of the Term, unless the City gives a written notice of
termination to Tenant or termination is decreed by legal proceedings. The City may
at any time after reletting elect to terminate this Lease for the previous Event of
Default with ten (10) days' written notice.
13. ENTRY BY THE CITY. The City shall have the right to enter the Premises at
any reasonable hour to inspect for compliance with the terms of this Lease upon
forty-eight (48) hours notice, unless an emergency exists in which event the City
may enter immediately.
14. NOTICE. Any notices required or permitted under this Lease may be
personally delivered, delivered by facsimile machine, or mailed by certified mail,
return receipt requested, to the following addresses or to such other places as the
parties may direct in writing from time to time:
The City: City of Kent Parks, Recreation and Community Services
Attn: Superintendant of Facilities
220 Fourth Avenue South
Kent, Washington 98032
Tenant: St. Vincent de Paul - New Connections
Attn: Randall Smith
422 West Titus Street
Kent, Washington 98032
A notice shall be deemed given and delivered upon personal delivery, upon receipt
of a confirmation report if delivered by facsimile machine, or three (3) days after
being mailed as set forth above, whichever is applicable.
15. MISCELLANEOUS.
15.1 Authority. Tenant and the person or persons executing this Lease on
behalf of Tenant represent that Tenant is qualified to do business in the State of
Washington, that Tenant has full right and authority to enter into this Lease, and
that each and every person signing on behalf of Tenant is authorized to do so.
15.2 Successors and Assigns. This Lease shall be binding upon and inure to
the benefit of the parties, their successors and assigns.
15.3 Headings. The headings used in this Lease are for convenience only
and in no way define, limit, or extend the scope of this Lease or the intent of any
provision.
15.4 Entire Agreement. This Lease, including the exhibits and addenda, if
LEASE AGREEMENT - 8 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 33
entire agreement of the parties.
any, contains the g
15.5 Waiver. The waiver by the City of any breach or default of any term,
covenant, or condition of this Lease shall not be deemed to be a waiver of such
term, covenant, or condition; of any subsequent breach or default of the same; or
of any other term, covenant, or condition of this Lease. The City's acceptance of a
rental payment shall not be construed to be a waiver of any preceding or existing
breach other than the failure to pay the particular rental payment that was
accepted.
15.6 Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the
City by law or equity or otherwise.
15.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and
every provision of this Lease.
15.8 Language. The word "Tenant" as used in this Lease shall be applicable
to one or more persons, as the case may be. The singular shall include the plural,
and the neuter shall include the masculine and feminine. If there is more than one
Tenant, their obligations shall be joint and several. The word "persons," whenever
used, shall include individuals, firms, associations, and corporations.
15.9 Invalidity. If any provision of this Lease shall prove to be invalid, void,
or illegal, it shall in no way affect, impair, or invalidate any other provision of this
Lease.
15.10 Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to
a statute shall mean that statute as presently enacted or hereafter amended or
superseded. Venue for any action arising out of or in connection with this Lease
shall be in the Superior Court for King County, Washington.
15.11 Modification. Any modification of this Lease must be in writing and
signed by the parties. The City shall not be bound by any oral representations or
statements.
15.12 Survival of Covenants. The covenants contained herein survive the
termination or expiration of the Lease for the applicable statute of limitation
periods.
15.13 Quiet Enjoyment. The City covenants and agrees that Tenant, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy
the Premises during said term without any interruption by the City, its successors or
assigns, or any person or company lawfully claiming by or through it.
LEASE AGREEMENT - 9 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 34
15.14 Duplicate Originals. This Lease Agreement may be executed in
duplicate originals.
THIS AGREEMENT requires the signature of all parties and is executed as of
the date of the last signature below.
CITY OF KENT ST. VINCENT ®E PAUL —
NEW CONNECTIONS
By: By:
Print Name: Suzette Cooke Print Name:
Its: Mayor Its:
Date: Date:
(Notary Acknowledgements Appear on Next Page)
I
LEASE AGREEMENT _ 10 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 35
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the person
who appeared before me, and said person acknowledged that she signed this instrument, on
oath stated that she was authorized to execute the instrument and acknowledged it as the
Mayor of the City of Kent to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
LEASE AGREEMENT - 11 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
Page 36
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that
(he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the
instrument and acknowledged it as the of
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P:\Civil\Files\Open Files\0733-Human Services-2013\New Connections-Lease.2013.doc
LEASE AGREEMENT - 12 (October 2013)
(Between City of Kent and St. Vincent de Paul-New Connections)
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Page 38
EXHIBIT B
i
TENANTIMPROVEMENTS
NEW CONNECTIONS
422 West Titus Street
I
General/Routine Maintenance to be performed on an on-going basis
• Ensure that routine cleaning and custodial work is completed within
the interior of the building
• Maintain all electrical and plumbing fixtures in proper working order
• Maintain exterior paint, City will select city approved colors
• Provide and maintain smoke detectors and carbon monoxide detectors
per Kent City Code
• Maintain lighting, bulbs and fixtures
• Maintain exit lighting
• Maintain Heating & Cooling system, change filters monthly and clean
diffuser on a regular basis
• Tenant responsible for any damage by clients or employees or tenant
• Maintain windows, clean inside and out as needed
• Tenant responsible for any window breakage
• Burglar alarm sole expense of tenant
• Tenant responsible for all phone and data required
• Maintain parking lot
• Maintain grounds and landscaping, weeding, mowing and bark
Tenant responsible for pest control of premises
• Clean and maintain gutters and downspouts
• Quarterly review of plumbing, electrical, structural, fire extinguishers
• Professionally clean carpets and inside of building annually
Capital Improvements to be completed during the term of the lease
• Repair and paint fascia boards — entire building
• Secure loose nails on south side of building
• Install new frost free faucet on south side of building or properly
winterize existing faucet
• Patch and paint interior walls, City will select approved colors
• Replace broken or damaged receptacle covers
• Trim shrubbery away from structure and maintain
• Repair or replace leaking faucet upstairs
• Repair any chipping or blistered exterior paint as needed
Lease Agreement Exhibit B
New Connections October 2013
Page 39
EXHIBIT C
INSURANCE REQUIREMENTS
FOR STANDARD LEASE
Insurance
The Lessee shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the Lessee's operation and use of City
of Kent facilities.
A. Minimum Scope of Insurance
Lessee shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on
Insurance Services Office (ISO) occurrence form CG 00 01
and shall cover premises and contractual liability. The City
shall be named as an insured on Lessee's Commercial
General Liability insurance policy using ISO Additional
Insured-Managers or Lessors of Premises Form CG 20 11 or
a substitute endorsement providing equivalent coverage.
B. Minimum Amounts of Insurance
Lessee shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written
with limits no less than $2,000,000 each occurrence,
$2,000,000 general aggregate.
i
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance
1. The Lessee's insurance coverage shall be primary insurance
with respect to the City. Any Insurance or self-insurance
coverage maintained by the City shall be excess of the
Lessee's insurance and shall not contribute with it.
2. The Lessee's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
Page 40
EXHIBIT C (Continued)
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Lessee shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Lessee. The City shall be named as an Additional Insured on the
Amendatory Endorsement provided by the Insurer.
F. Waiver of subrogation
Lessee and City hereby release and discharge each other from all claims,
losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building.
This release shall apply only to the extent that such claim, loss or liability is
covered by insurance.
G. City's Property Insurance
City shall purchase and maintain during the term of the lease, all-risk
property insurance covering City of Kent property.
Page 41
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
Fax: 253-856-6050
Z�K v:14
KEN
WASH NGT 0 Address: 220 Fourth Avenue S. J
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Lori Hogan, Supt. Recreation and Cultural Programs
THROUGH: Jeff Watling, Director Parks, Recreation and Community Services
SUBJECT: GreenPlay Agreement - Authorize
MOTION: Move to recommend Council authorize the Mayor to sign the
agreement with GreenPlay in the amount of $33,950.00 for consulting
services, subject to final terms and conditions acceptable to the City
Attorney and the Parks Director.
SUMMARY: At the 2013 City Council Retreat, the Council identified a number of
priority items from the Efficiency Study (conducted by BERK and Associates) to
further explore and discuss. One of those items under Level of Service was the
review of recreation programs to better understand and determine cost recovery.
Lori Hogan and Jeff Watling presented an approach to this task at the June 20 Parks
Committee meeting. Following the discussion and feedback provided by the
Committee members, a contract and scope of work was finalized with GreenPlay for
$33,950.00 to assist the city in the completion of this work.
Lori and Jeff will provide an overview of the project including the work to be
performed by city staff, work to be performed by GreenPlay, the public outreach
component of this work, and the deliverables/outcomes expected at the completion
of this contract.
EXHIBITS: Consultant Services Contract
BUDGET IMPACTS: Parks Administration Professional Services Budget
Page 42
Page 43
CITY OF KENT
LAW DEPARTMENT
IL
g/ yO 220 4`V DAvenueON
South
`� ® Kent, WA 98032
wnsiiNcrou
Fax: 253-856-6770
PHONE: 253-856-5770
Memo
To: Suzette Cooke, Mayor
From: Jeff Watling
CC:
Date: September 16,2013
Re: Request for Waiver Pursuant to City of Kent Administrative Policy 1.1
For Consulting Services with GreenPLay LLC
The City's Parks, Recreation, and Community Services Department is requesting you waive the
procurement requirements set forth in Administrative Policy 1.1 for consultant services from
GreenPlay LLC.
Purchases may be waived by the mayor upon a finding that either the materials, supplies,
equipment, or services are clearly and legitimately limited to a single source of supply within
the near vicinity, or that the materials, supplies, equipment, or services are subject to special
market conditions, involve special facilities or services, or that a bid or the bidding
requirements of KCC 3.70.030, would otherwise not be practicable or in the city's best interest
under the circumstances, in which instances the purchase may be best established by direct
negotiation.
GreenPlay LLC would provide specialized sole-sourced professional parks and recreation
planning and management advisement services. Through the use of GreenPlay's (proprietary)
Pyramid Methodology, they would develop a Cost Recovery Model and Resource Allocation
Philosophy for the City's Parks, Recreation and Community Services Department. The cost will
not exceed $33,950.
If you approve of this waiver under City of Kent Administrative Policy 1.1, the Parks, Recreation
and Community Services Department requests that you indicate your approval by signing
below.
CITY OF KENT l
Date:
y r S Ma zette Cooke /
Page 44
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
GreenPlay LLC
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and GreenPlay LLC organized under the laws of the State of Colorado,
located and doing business at 211 N. Public Road, Suite 225,Lafayette, CO 80026; Phone: (303)
439-8369; Fax: (303) 664-5313; E-mail: Info@GreenPlayLLC.com (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
GreenPlay will develop a resource allocation and cost recovery philosophy, model
and policy as described in Exhibit A: Scope of Work
Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices within the Puget Sound
region in effect at the time those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks
described in Section I above immediately upon the effective date of this Agreement. Consultant
shall complete the work described in Section I by June 31, 2014.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed thirty three thousand nine hundred fifty dollars ($33,950) plus applicable
Washington State sales tax, for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in
Section I above, and shall not be exceeded without the prior written authorization
of the City in the form of a negotiated and executed amendment to this agreement.
The Consultant agrees that the hourly or flat rate charged by it for its services
contracted for herein shall remain locked at the negotiated rate(s) for a period of
one (1) year from the effective date of this Agreement. The Consultant's billing
rates shall be as delineated in Exhibit A.
CONSULTANT SERVICES AGREEMENT - 1
(Over$10,000)
Page 46
B. The Consultant shall submit monthly payment invoices to the City for work
performed, and a final bill upon completion of all services described in this
Agreement. The City shall provide payment within forty-five (45) days of receipt of
an invoice. If the City objects to all or any portion of an invoice, it shall notify the
Consultant and reserves the option to only pay that portion of the invoice not in
dispute. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent
Contractor-Employer Relationship will be created by this Agreement. By their execution of this
Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following
representations:
A. The Consultant has the ability to control and direct the performance and
details of its work, the City being interested only in the results obtained
under this Agreement.
B. The Consultant maintains and pays for its own place of business from which
Consultant's services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible
for a business deduction for federal income tax purposes that existed before
the City retained Consultant's services, or the Consultant is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Consultant has registered its business and established an account with
the state Department of Revenue and other state agencies as may be
required by Consultant's business, and has obtained a Unified Business
Identifier (UBI) number from the State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and
earnings of its business.
V. TERMINATION. Either party may terminate this Agreement, with or without
cause, upon providing the other party thirty (30) days written notice at its address set forth on
the signature block of this Agreement. After termination, the City may take possession of all
records and data within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. If the City's use of Consultant's records or data is not
related to this project, it shall be without liability or legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on
behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
Page 47
Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion
of the contract work, file the attached Compliance Statement.
VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the Consultant's performance of this Agreement, except for that portion of the
injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit [B] attached and
incorporated by this reference.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of
completion of the work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents,
drawings, designs, reports, or any other records developed or created under this Agreement
shall belong to and become the property of the City. All records submitted by the City to the
Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents,
and files available to the City upon the City's request. The City's use or reuse of any of the
documents, data and files created by Consultant for this project by anyone other than
Consultant on any other project shall be without liability or legal exposure to Consultant.
XI. CITY`S RIGHT OF INSPECTION. Even though Consultant is an independent
contractor with the authority to control and direct the performance and details of the work
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
Page 48
authorized under this Agreement, the work must meet the approval of the City and shall be
subject to the City's general right of inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all
necessary precautions and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of the contract work and shall utilize all protection necessary
for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be
responsible for any loss of or damage to materials, tools, or other articles,used or held for use in
connection with the work.
XIII. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City
requires its contractors and consultants to use recycled and recyclable products whenever
practicable. A price preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of
any of the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a waiver or
relinquishment of those covenants, agreements or options, and the same shall be and remain in
full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. If the parties are unable
to settle any dispute, difference or claim arising from the parties' performance of this
Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by
filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court,
King County, Washington, unless the parties agree in writing to an alternative dispute resolution
process. In any claim or lawsuit for damages arising from the parties' performance of this
Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award
provided by law; provided, however, nothing in this paragraph shall be construed to limit the
City's right to indemnification under Section VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
Page 49
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Consultant's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
I. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
CONSULTANT: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Karon Badalamenti Lori Hogan, Recreation and Cultural Services
GreenPlay LLC Supt.
211 N. Public Road City of Kent
Suite 225 220 Fourth Avenue South
Lafayette, CO 80026 Kent, WA 98032
E-mail: Info@GreenPlayLLC.com
(253) 856-5067 (telephone)
(253) 856-60650 (facsimile)
(303) 439-8369 (telephone)
303 664-5313 facsimile
APPROVED AS TO FORM:
Kent Law Department
[1,BJs Feld,you may enter the elechonlc flle,kh where the contract has been saved]
CONSULTANT SERVICES AGREEMENT - 5
(Over$10,000)
Page 50
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor; subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
Dated this day of 20_.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
Page 51 '..
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2
Page 52
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this day of 20
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
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Kent, WA - Parks, Recreation & Community Services
Scope of work for developing a Resource Allocation and Cost
Recovery Philosophy, Model and Policy
GreenPlay Preliminary Proposal May 7, 2013
Project Lead—Ms. Lori Hogan
Sent via email to: LHoaan@l<entwa.gov
Dear Ms. Hogan:
GreenPlay LLC is pleased to submit our preliminary scope proposal outlining options to provide
specialized sole-sourced professional parks and recreation planning and management advisement
services. We are proposing an introduction to, and work sessions for GreenPlay's (proprietary) Pyramid
Methodology using a fully facilitated process to develop your Cost Recovery Model and Resource
Allocation Philosophy, Please note that the Scope of Work is provided in response to a "Sole Source
Request" and may not be adopted for a competitive bidding process without written approval.
GreenPlay has been providing Parks and Recreation assessments, plans, and related services for
communities around the country since 1999, including developing Cost Recovery Models for cities,
counties and special districts across the United States.Our GreenPlay team will include Karon
Badalamenti as our GreenPlay Project Manager. Karon has extensive experience with this type of work,
and in fact,was the project manager assisting MetroParks Tacoma in developing their cost recovery
philosophy. Recently and presently, several cities and agencies in Pacific Northwest have undertaken
this very work with great success. Our team will also consist of me, Chris Dropinski, CPRE, as Principal-
in-Charge.
We have developed very effective and efficient ways of communicating, producing and delivering high
quality service, ensuring that your community is receiving the highest return on investment possible in
this important work. We have worked with over 300 communities on various plans and using these tools
and methodologies, and still treat each one as unique, providing customized community-specific results.
Resource allocation and cost recovery models like the Pyramid Methodology are currently being taught
in universities and used successfully around the country in agencies including:
• City of Corvallis,North Clackamas, Tualatin Hills and Willamalane Parks and
Recreation Districts in Oregon
• The Cities of Coppell and Arlington in Texas and Glenwood Springs in Colorado
• City of Carlsbad,San Diego County in California
• City of Alexandria and Arlington County in Virginia
• Montgomery County Department of Parks in the Maryland National Capital Parks
Planning Commission (M-NCPPQ and the Montgomery County Department of
Recreation in Maryland
• Oakland County Parks and Recreation Commission in Michigan
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GreenPlay has established the Pyramid Methodology as a model and
philosophical approach to allocating taxpayer funds for partial or wholly subsidized services, setting
fees, determining partnership contributions,or pursuing alternative funding sources depending on the
beneficiary of the service.
Task A. Strategic Kick-Off
GreenPlay will work with your senior staff to clarify desired project outcomes, specific staff involvement,
workshop formats, and identification of additional materials necessary to start this process.This SKO will
initiate the Cost Recovery work, collect information,and provide trainings as to what will be needed.
This kick-off trip will include a meeting with your senior staff to clarify desired project outcomes, specific
staff involvement, workshop formats, invitations,and logistics for each step. It will also identify
additional materials necessary to start the evaluation process.
Deliverables-Strategic Kick-Off
One (1) one-day trip for meetings with senior management and your project team.
• Determine Critical Success Factors, discuss senior staff responsibility and staff participation.
• Confirm current agency Values, Mission and Vision
• Introduce the Pyramid Methodology to the core project team
• Present a short introduction of the methodology to City Manager's office and/or City Council
• Facilitate discussions:
o Project schedule and draft/final presentations to governing bodies
o Public and Partner Involvement timeline
o Definition of Cost Recovery staff participants and workgroups
o Determination of locational or cost-centric matrices
o Determination of contractor or partner participation
o Evaluation of current budgeting processes,tools and cost recovery reports
o Assessment of current pricing and resource allocation structures and policies
o Discussion of Pyramid Methodology 10-Step Process, staff involvement and homework
• Categories of Service
• Definitions of Cost
• Glossary of Terms
• Determining cost of service provision
• Goal setting
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Task B. Cast Recovery Model and Resource Allocation
Philosophy — The Pyramid Methodology
Many agencies are using this methodology and in addition,several see its benefit and application for all
special district, county and municipal services. Examples include:
In Corvallis, Oregon,the Parks and Recreation Department,with the endorsement of the Parks,
Recreation and Natural Areas Board (PNARB), are successfully using the methodology to increase their
annual overall cost recovery and assure future service sustainability. Initial low hanging fruit ideas
identified over$250,000 in annual cost recovery increase through obvious expense reductions,fee
increases, and changes in processes and practices,without any impact to service.
In San Diego County,the Director indicates that initial efforts are resulting in approximately$2 million
positive cost recovery. In Springfield Oregon,the Willamalane Parks and Recreation District staff and
several of their Board attended a national training on the methodology and then used it to develop their
own philosophy and govern their decision making.
The (former)Willamalane Deputy Superintendent,Jason Genck, had this to say:
"We have had to make some challenging programming and budget decisions based Ripon the shift:lug
needs in our community. Thank God for the Cast Recovery[pyramid)Model and our continued
dedication to moving the mode(forward. it continues to establish common around for challenging
decisions, Our careful,strategic planning and conservative approach has given us the chance to seize
marry opportunities that have been presented in this tough economy. We. are taking time to allow
staff to establish the new thriving Willamalane Center by using our cost recoveiy model and other
tools."-December 2010
Jason Gencic, CPRP, Deputysunerintandent
Wiliamalane Park and Recreation District
A Notional Gold Medal Award Winning Agency
Jason is now the General Operations Manager for the City of Westminster in Colorado
The City of Carlsbad,CA, is also a GreenPlay client whose leadership desires application across the entire
municipal system, and they began with the Parks and Recreation Department to test the application.
1. "The Pyramid Modef isjust part of the whole strategy. The part i appreciate most is the
[community]fairness issue. (The report has]laid a foundation for most, if not all of our future
decisions."
2. "[The Pyramid Model]will need to be a dynamic tool as circumstances change. . . as community
interests change and its ability to adapt to that."
3, This[model/report]provides support and fairness for us and captures the heart and values of the
core positions and balance of our community,so i am very pleased to support this tonight and l
believe this to be a very useful tool for us. Thank you for doing this.
Mark Packard,Carlsbad,CA Councilmember
GreenPlay's presentation at their meeting,June 9,2009,
As part of GreenPlay's proposed process,we will evaluate current and expected cost recovery
philosophies and expectations and will work with your staff and decision-makers to develop consensus
on your intended goals. We will train your staff to use various tools and formulas to create programs for
appropriate budgets and service pricing.
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Having a Cost Recovery Model and Resource Allocation Philosophy in place can
help agencies answer challenging questions such as:
• "Are your programs priced fairly and equitably?"
• "How will you continue to fund your agency's facilities and services in relationship to future
budget constraints?"
• "Are you using your funding in a responsible manner?"
• "Do you have a methodology for subsidy distribution? If so, is the process transparent?"
• "Does the way that you charge for services (facilities, programs, etc.) support your agency's
values,vision, and mission?"
Establishing a well-crafted philosophy for cost recovery and subsidy allocation is the foundation for
developing strong,sustainable financial management strategies.A solid philosophy will allow staff to
recognize where subsidy is being applied,to determine if it is at an appropriate level, and to justify your
agency's pricing structure, including costs for new services.Your staff will be an integral part of the
decision-making process for setting expectations.They will learn how to apply agency tools and budget
expectations to set equitable pricing based on consensual vision,values, and mission.
Because the tool is guided by and created through the public involvement process, we establish buy-in,
educate, and generate interest by being transparent and credible. Often the participating citizens,
stakeholders, and partners, become the agency's greatest advocates and champions for future issues,
sometimes establishing the grassroots support for taxation issues or fee increases.This collaborative
process results in consensus for a foundational philosophy which underpins discussion and decision-
making. In short,this method works!
Development of Resource Allocations and Cost Recovery Philosophy
This process provides a consensual approach to identifying agency resource allocation and cost recovery
goals and provides formulas and structure for pricing decisions for all levels of the organization. We use
the Pyramid Methodology, as illustrated below and developed by GreenPlay, LLC,to help develop a
philosophythat details the level of subsidy necessaryfor your agency's services (facilities, programs,
etc.).
GRecwPt iro- The Pyramid The Pyramid Methodology is an effective
. 'j Methodology management tool currently being utilized by
agencies across the country to articulate the
level of benefit that services such as facilities
" and programs provide as they relate to the
Values,Vision, and Mission of an agency.This
ags
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— > recovery goals, and future fees and charges.
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"77 such critical operational issues is imperative to
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,., accountability, and decision making.
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The Pyramid Methodology engages your stakeholders, including community members, collaborators,
decision-makers, and agency management and staff.This process also leads to recommendations for
implementation.
Deliverables- Resource Allocation and Cost Recovery Philosophy Development
• Series of three multi-daytrips to conduct Cost Recovery/Resource Allocation Workshops that
may include continental breakfast, lunch, or dinner provided by the agency at your discretion
(three full-day staff workshops and a minimum of two public meetings).
• Workshop 1- Introduction and education on the Pyramid Methodology.;development of the
Categories of Service for the agency, and determination of cost center pyramid needs.
• Workshop 2a-A series of staff and public meetings including community representatives;
sorting Categories of Service based upon each category's beneficiary and the values,vision,and
mission.
• Workshop 2b-Development of direct and indirect cost definitions with staff and identification
of current cost recovery levels to establish baselines.
• Workshop 3- Establishment of cost recovery/subsidy allocation target ranges/goals with staff,
determine appropriate pricing strategies, and develop implementation steps.
Task C. final Resource Allocation and Cost Recovery Model
Presentation
GreenPlaywill develop the final resource allocation and cost recovery philosophy report, model, and
related policies, and present detailed information to your appropriate governing bodies as identified in
the Strategic Kick-off meeting. GreenPlay will then revise yourfinal Report and Policy document for
submission to your Agency.
Deliverables of the Final Report and Presentations
One trip to present the final document.
• Cost Recovery Model and Resource Allocation Philosophy, Model, and Draft Policy
• Recommendations for Implementation
I
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Agency Investment — Facilitated Base Project — Firm Fixed Price
Total Not to Exceed $33,950
The base project is proposed as a "Firm-Fixed Price"to provide the maximum cost savings to the agency.
Task A. Strategic Kick-Off
1. Trip 1—one-day tentatively anticipated for Fall2013
2. Onsite team meeting, introductory workshop, and planning $ 4,450
Task B. Resource Allocation and Cost Recovery Process
1. Trip 2—Workshop 1-Categories of Service and Definitions of Cost $ 6,550
2. Trip 3—Workshop 2—Sorting, Consensus Pyramid and Current Cost Recovery $10,650
3. Trip 4—Workshop 3 -Targets, Pricing and Goal Setting 6,550
Total Resource Allocation Process $23,750
Task C. Resource Allocation and Cost Recovery Philosophy, Model and Policy Presentation
1. Trip 5—Resource Allocation and Cost Recovery Philosophy, Model and Policy $ 5,750
As a cost savings measure, all materials, draft and final reports will be provided electronically for the
client to print as necessary.
For projects like this that include more than 100 hours of work, GreenPlay typically recommends and
proposes using a Firm-Fixed Price model for compensation.This means that the contract is preliminarily
based on a projected number of hours, but that the compensation is actually based on completion of
pre-determined contracted tasks the Scope of Work within a pre-specified timeline.This usually works
well for the client in that they will get all the work done that they need, regardless of how many hours
during the timeline that it takes to do it.The firm fixed fee also means that all travel, reimbursable
expenses,and deliverables are built into the pertask cost.
In the event that the contracted Scope of Work is changed by the client during the course of work,
GreenPlay can adjust total contract fees accordingly based on the regular hourly rates.This portion of
the project is proposed as a Firm-Fixed Rate Fee project.
Additional Agency Investment a Professional Advisor on Retainer
Additional meetings, advisement, projects tasks,support,facilitated workshops,etc. may be added to
the initial proposed investment at our hourly or daily consulting rate:
Hourly Consulting Rate $ 150 per hour
Daily Consulting Rate(plus all travel expenses) $1,500 per day
Potential Additional Services—Budgeting and Financial Definitions and Trainings
Sometimes staff may need a "Budget and Financial Training" primer prior to the start of the resource
allocation and cost recovery philosophy, model, and policy development process.This objective
identifies the need for additional staff trainings on basic budgeting,financial terms, and how the
agency's staff should assess budgets, pricing, cost recovery, and basic financial and revenue
expectations. GreenPlay can provide trainings with your financial staff, managers, supervisors, and
operational staff who may require such training, and can offer curriculum for staff to create agency-
specific training modules.
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The potential cost would be determined based on on-site or remote training/curricula,the number of
staff and days designated for training, and whether or not these trainings can be combined with other
on-site trips. This can be discussed and determined at the strategic kick-off meeting or at any time
during the course of the contract.
a
Our work also includes, at no additional charge:
Our commitment that for each task,we will quickly assess your current circumstances and provide what
you need to move to the next level, rather than providing you a standard planning response, whether
you need it or not.
Our rates include:
Professional staff, sub-consultant, and administrative salaries.
La • All office overhead, equipment, utilities, and insurances.
Taxes, employee benefits, and Worker's Compensation.
Administrative support staff and supplies and local travel.
Deliverables and meetings as outlined in the Scope of Work.
• All travel expenses and time in the"facilitated Base Project" scope of work
Rates may not include (unless specified in the Scope of work):
Materials and services outside of the pre-specified Scope of Work(may include extra meetings,
requested copies, and printing of work products).
• All travel expenses and time in the Professional Advisor on Retainer"three-year blanket
contract period" scope of work.
As a baseline:When billing hourly,GreenPlay's hourly rate is $150 per hour for all contracted
professional consulting services.While the hourly rates may sound high relative to typical public agency
staff pay rates, our fees comprehensively include the costs for our consultants and related
administrative expenses, insurance, equipment,and other relevant costs associated with our services.
We find that this rate is usually comparable to,or lower than, what an agencywould spend for in-house
staff. An additional benefit is that when the project is finished, the expense ends.
Invoicing: Greenplay typically submits an invoice for payment to the project manager or primary contact
person on a monthly basis. Each invoice includes a brief description of the services provided and
percentage of Scope completed to date. Invoices past due over 60 days will accrue 1.5% interest per
month. Otherstructures for compensation and payment can be negotiable prior to contract award.
Project Delays: We understand that time is tax-payer money. GreenPlay team members strive to
complete our projects in a timely and efficient manner. We will work with your Project Manager to set
an expedient and realistic"scope of work end date."
Project Delay Policy j
There is an added cost for GreenPlay when projects are extended beyond a contracted end date,
including staff reassignment, loss of capacity to perform other work, and administrative schedule
changes that may impact other projects. Our policy takes into consideration delays due to operational
and approval constraints, scheduling, and other internal and external factors.GreenPlay will discuss our
typical policy regarding potential project delays upon contract award.
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Our Commitment to You
We understand that the current economic climate is driving agencies to examine "why" as well as "how'
they use the taxpayer investment and that many agencies are either doing more with less or are trying
to be financially sustainable while offering more services.Sometimes agencies have the resources to
complete this kind of citizen-centric,systemic philosophical work on their own, and sometimes they
require objective assistance. We would like to help you actualize this goal by providing you with this
innovative scope of work,tools and methodologies for your consideration.
We believe that our previous experience provides us with the Knowledge, processes, and insight
necessary to create implementable plans and tools for the Kent,Washington Parks, Recreation and
Community Services Department.We pride ourselves on being available and accessible to your agency,
and partnering with you to help achieve your goals.
We have put together this revised scope of work based on our understanding of your final Cost
Recovery Project Refined Scope utilizing the Pyramid Methodology,and based on our experience of
delivering effective services. We look forward to working with you to help you continue your critical
place at the table and assuring continued parks and recreation funding! If you have any additional
questions, please feel free to contact us at the number listed below.Thank you for your attention and
consideration.
Respectfully,
s
Chris Dropinski,CPRE
Senior Principal and Managing Member
Direct Phone:(303)870-8674 Email:ChrisD@GreenPlayLLC.com
If you have any questions regarding this scope of work and fee, please do not hesitate to contact Karon
Badalamenti, Principal and Project Manager, directly at (303)870-0021 or I<aronb@greenplayllc.com.
Sincerely,
Karon Badalamenti,CPRE and Principal,GreenPlay, LLC
8 Pa P, e
Page 61
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the
Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
Page 62
general aggregate and a $1,000,000 products-completed
operations aggregate limit.
3. Professional Liability insurance shall be written with limits no
less than $1,000,000 per claim and $1,000,000 policy
aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General
Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant's
insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the insurance
requirements of the Contractor before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject
to all of the same insurance requirements as stated herein for the
Consultant.
Page 63
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
�^ Fax: 253-856-6050
EN
WASHIHG,CN Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
September 19, 2013
TO: Kent City Council Parks and Human Services Committee
FROM: Pete Petersen, Riverbend Golf Complex Superintendent
Jeff Watling, Director of Parks, Recreation and Community Services
SUBJECT: Riverbend Golf Complex — INFO ONLY
MOTION: INFO ONLY
SUMMARY: As a follow-up to the September 3 City Council Workshop discussion
on Riverbend, Jeff Watling and Pete Petersen will be presenting three options for
addressing the current financial issues within the Golf Fund.
The presentation will include an overview of each option, as well as an assessment
of the advantages, disadvantages and the policy implications for each of the three
options.
EXHIBITS: None
BUDGET IMPACTS: None
Page 64
Page 65
i
PARKS, RECREATION AND COMMUNITY SERVICES
Jeff Watling, Director
Phone: 253-856-5100
® Fax: 253-856-6050
KENT
WASHINGTON Address: 220 Fourth Avenue S. '...
Kent, WA. 98032-5895
September 19, 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