HomeMy WebLinkAboutContractAGREEMENT FOR ARTS & CULTURAL PROGRAMMING
THIS AGREEMENT, dated for reference purposes only as September 1, 2023, is by and between
the City of Renton (the “City”), a Washington municipal corporation, and CreNative Designz, LLC
(“Consultant”), a Washington State Limited Liability Company. The City and the Consultant are
referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties,
this Agreement is effective as of the last date signed by both parties.
1.Scope of Work: Consultant agrees to provide services to develop, manage, and operate
a collaborative arts and culture space in downtown Renton, with a focus on creative
economic innovation, small business incubation, and offering free interactive
educational programming for all ages. as specified in Exhibit A, which is attached and
incorporated herein and may hereinafter be referred to as the “Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such
changes to the Work shall be ordered by the City in writing and the Compensation shall
be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise
mutually agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no
later than December 31, 2024. Unless otherwise terminated, within three (3) to six (6)
months prior to December 31, 2024, the City will assess progress for potential extension
of this Agreement. Any extension or amendment to terms will comply with paragraph
19 .C of this Agreement.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $50,000.00. This amount covers expenses in the Scope
of Work (Exhibit A) outlined in the Request for Proposals as detailed in Exhibit B, and
includes any applicable state and local sales taxes. Compensation shall be paid based
upon receipt of documentation for reimbursement of eligible expenses outlined in
the Request for Proposals (Exhibit B). Except as specifically provided herein, the
Consultant shall be solely responsible for payment of any taxes imposed as a result
of the performance and payment of this Agreement.
CAG-23-364
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B.Method of Payment. Payments will be processed on a monthly basis. All invoices
seeking reimbursement for eligible expenses, as outlined in Exhibit B of the Request
for Proposals (RFP), must be submitted to the City no later than October 15, 2023,
in order to be considered for payment. The Consultant shall submit a voucher or
invoice in a form specified by the City. This documentation should include a
description of the eligible expense along with supporting documentation confirming
the payment of the expense. Payment shall be made by the City for Work performed
within thirty (30) calendar days after receipt and approval by the appropriate City
representative of the voucher or invoice. If the Consultant’s reimbursement request
does not meet the requirements of this Agreement, the Consultant will correct or
modify its performance to comply with the Agreement. The City may withhold
payment for expenses that do not meet the requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the
event of such termination or suspension, all finished or unfinished documents, data,
studies, worksheets, models and reports, or other material prepared by the
Consultant pursuant to this Agreement shall be submitted to the City, if any are
required as part of the Work.
B.In the event of termination of this Agreement by the City, the Consultant shall be
entitled to receive payment for eligible expenses incurred up to the effective date of
termination, minus any payments previously disbursed. If the City terminates the
Agreement after partial fulfillment of costs related to eligible expenses for which a
predetermined compensation is established, the City shall provide the Consultant
with a reasonable portion of the predetermined compensation. This provision shall
not preclude the City from pursuing any legal remedies available for breaches or
failures to perform under this Agreement. Any charges owed to the City shall be
subtracted from the final payment due to the Consultant. The City shall not
PAGE 3 OF 10
remunerate any expenses incurred or activities undertaken subsequent to the
effective date of termination, unless expressly authorized in writing by the City in
advance.
C.If the City terminsates this Agreement, Consultant shall return City property to City
employees and cease all occupation and/or use of the facility not later than the date
of termination.
6.Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing
the Work in compliance with applicable City standards or guidelines (e.g. design criteria
and Standard Plans for Road, Bridge and Municipal Construction). Professional
engineers shall certify engineering plans, specifications, plats, and reports, as applicable,
pursuant to RCW 18.43.070. Consultant further represents and warrants that all final
work product created for and delivered to the City pursuant to this Agreement shall be
the original work of the Consultant and free from any intellectual property
encumbrance which would restrict the City from using the work product. Consultant
grants to the City a non-exclusive, perpetual right and license to use, reproduce,
distribute, adapt, modify, and display all final work product produced pursuant to this
Agreement. The City’s or other’s adaptation, modification or use of the final work
products other than for the purposes of this Agreement shall be without liability to the
Consultant. The provisions of this section shall survive the expiration or termination of
this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required
by applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records
Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent
search of all records in its possession or control relating to this Agreement and the
Work, including, but not limited to, e-mail, correspondence, notes, saved telephone
messages, recordings, photos, or drawings and provide them to the City for production.
In the event Consultant believes said records need to be protected from disclosure, it
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may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify,
defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to
any claim or litigation related to a Public Records Act request for which Consultant has
responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall
produce for distribution any and all records responsive to the Public Records Act request
in a timely manner, unless those records are protected by court order. The provisions of
this section shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A.The Consultant is retained by the City only for the purposes and to the extent set
forth in this Agreement. The nature of the relationship between the Consultant and
the City during the period of the Work shall be that of an independent contractor,
not employee. The Consultant, not the City, shall have the power to control and
direct the details, manner or means of Work. Specifically, but not by means of
limitation, the Consultant shall have no obligation to work any particular hours or
particular schedule, unless otherwise indicated in the Scope of Work or where
scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing the
Work covered by this agreement, and the Consultant shall be entitled to employ
other workers at such compensation and such other conditions as it may deem
proper, provided, however, that any contract so made by the Consultant is to be
paid by it alone, and that employing such workers, it is acting individually and not as
an agent for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to
Consultant or any employee of the Consultant.
C.If the Consultant is a sole proprietorship or if this Agreement is with an individual,
the Consultant agrees to notify the City and complete any required form if the
Consultant retired under a State of Washington retirement system and agrees to
indemnify any losses the City may sustain through the Consultant’s failure to do so.
10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the
negligent acts, errors or omissions of the Consultant in its performance of this
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Agreement or a breach of this Agreement by Consultant, except for that portion of the
claims caused by the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to
RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence
relative to construction, alteration, improvement, etc., of structure or improvement
attached to real estate…) 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 and
volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11.Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any
kind to City employees or officials. Consultant also confirms that Consultant does not
have a business interest or a close family relationship with any City officer or employee
who was, is, or will be involved in selecting the Consultant, negotiating or administering
this Agreement, or evaluating the Consultant’s performance of the Work.
12.City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A.Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
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B.In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C.Workers’ compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of $1,000,000 per occurrence combined
single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by
or on behalf of the City, beyond normal commutes.
E.Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F.Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G.Consultant shall provide the City with written notice of any policy cancellation,
within two (2) business days of their receipt of such notice.
14.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall
the Consultant be deemed to be in default of the Agreement.
15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return
receipt requested, by facsimile or by nationally recognized overnight courier service.
Time period for notices shall be deemed to have commenced upon the date of receipt,
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EXCEPT facsimile delivery will be deemed to have commenced on the first business day
following transmission. Email and telephone may be used for purposes of administering
the Agreement, but should not be used to give any formal notice required by the
Agreement.
CITY OF RENTON
Jessie Kotarski
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7271
jkotarski@rentonwa.gov
CONSULTANT
Thomas Segundo
7545 S 135th St
Seattle, WA 98178
Phone: (206) 380-8010
tsegundo29@gmail.com
17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B.The Consultant will take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race,
creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D.The Consultant is responsible to be aware of and in compliance with all federal,
state and local laws and regulations that may affect the satisfactory completion of
the project, which includes but is not limited to fair labor laws, worker's
compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply
with City of Renton Council Resolution Number 4085.
18.Miscellaneous: The parties hereby acknowledge:
PAGE 8 OF 10
A.The City is not responsible to train or provide training for Consultant.
B.Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C.Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D.In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to
perform the Work, said employee/sub-contractor/assignee will acquire and or
maintain such training, licensing, or certification.
E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision
of Work called for in this Agreement.
F.Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G.Consultant is responsible for his/her own Worker’s Compensation coverage as well
as that for any persons employed by the Consultant.
19.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B.General Administration and Management. The City’s project manager is Jessie
Kotarski, Economic Development Manager. In providing Work, Consultant shall
coordinate with the City’s contract manager or his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
PAGE 9 OF 10
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the
King County Superior Court for the State of Washington at the Maleng Regional
Justice Center in Kent, King County, Washington, or its replacement or successor.
Consultant hereby expressly consents to the personal and exclusive jurisdiction and
venue of such court even if Consultant is a foreign corporation not registered with
the State of Washington.
H.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement
will be for the sole and exclusive benefit of the Parties and no one else.
L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, as.signs., and legal representatives of such other party with respect to all
covenants of the Agreement.
M.Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's faifure to enforce any provision of this Agreement shalf not be a waiver and
shall not prevent either the City or Consultant from enforcing that provision or any
other provision of this Agreement in the future. Waiver of breach of any provision of
this Agreement shall not be de-emed to be a waiver of any prior or subsequent
breach unless it is expressly waived in writing.
N.Cou nterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will
together constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
la t signed by the Parties below.
CITY OF RENTON
By: -----------Hon. Armondo Pavone
Mayor
Date
Attest
Jason A. Seth
City Oerk
Approved as to Legal Form
By: ----------
M.Patrice Kent
Sr . Assistant City Attorney
COrltl'.C.t TefrlPl•tt Updmd S/21/l(lll (h/contr.u:r/20Z3/l734)
PA« lOOF 10
CONSULTANT
By:��
Thomas Segundo
Crenative Designz
Date
Approved by Patrice Kent via 9/13/2023 email
10-5-2023
EXHIBIT A: Page 1 of 2
EXHIBIT A
Scope of Work
Facility Space Use:
CreNative Designz will have access to, and temporary use through end of contract period, of commercial
space at the City Center Parking Garage (located at 655 S 2nd St, Renton, WA 98057) for all purposes
outlined in the RFP (Exhibit B of the Agreement) and described in theirproposal.Refer to Exhibit B for the
current floor plans of the commercial space situated on the western side of the first floor within the City
Center Parking Garage and the area that CreNative Designz will use for commercial space, storage, and
shared spaces.
Designated Hours:
Beginning on September 1, 2023, CreNative Designz will have use of the commercial space located on
the West side of the City Center Parking Garage for programming and meetings, as described in the
scope of services discussed and planned with City Economic Development staff and outlined below
under “program details”
Conditions of Use of Commercial Space:
CreNative Designz will provide and utilize their own computers and will be responsible for keeping the
space in a clean, orderly condition.
Keys for the building will be distributed by City Economic Development staff.
If the City elects to terminate this agreement, CreNative Designz agrees to return all keys and other City
property to City employees and cease all occupation and/or use of the facility prior to the date of
termination.
As part of a partnership with the City Economic Development Division and the Renton Municipal Arts
Commission, the following expectations have been established for the CreNative Designz programs:
1. Free Programming: It is anticipated that a certain number of community members, as discussed
and planned with City Economic Development staff, will have access to these programs at no
cost for each event.
2. Low-Cost Programming: Additionally, a range of minimum to maximum fees or a specific low-
cost structure will be implemented to make the programs affordable for community members
who are interested in attending.
3. Public Accessibility: The facilities associated with these programs will be open to the public,
ensuring that community members can take advantage of the offerings and engage with the
artistic experiences provided.
By incorporating these expectations, the aim is to foster inclusivity and enable a broader range of
community members to participate in the programs while also ensuring the accessibility of the facilities
through the partnership with the Renton Municipal Arts Commission.
Program Details:
EXHIBIT A: Page 2 of 2
CreNative Designz will utilize the commercial space on the west side of the City Center Parking Garage as
described in Exhibit B to the Agreement to provide community programs.
The CreNative Designz will collaborate closely with the City of Renton staff to establish a shared
calendar that will be utilized to schedule community events throughout the year. This calendar will
specifically pertain to the usage of the commercial space located within the City Center Parking Garage.
By working together, both the artist/art organization and the City of Renton staff will coordinate and
plan these events, ensuring effective utilization of the space and promoting a diverse range of
community-oriented activities.
Consultant will provide, at a minimum, the programming and deliverables noted in the Table below:
PROGRAM DESCRIPTION GRANT DELIVERABLES TIMEFRAME
Provide free culturally
relevant
workshops/programming
to the community.
These workshops will be
led by myself and other
local Na�ve/Indigenous
ar�sts.
1. Drum making classes open to the
community on a 1st come, 1st serve basis.
Each class would have no more than 10
par�cipants ages 12-18(space limited)
2. Tradi�onal formline art classes for 10-15
youth par�cipants ages 8-18
3. Children’s book readings and ac�vity for
10-15 par�cipants(preschool thru
elementary)
Beginning Nov 2023. I
will hold one free
workshop every 1st
Saturday of the
month.
Provide free mee�ng
space for Renton School
District Na�ve Educa�on
Program
Na�ve American Educa�on Program high school
club mee�ngs can be held here. I can host smaller
groups to come and learn about local Na�ve
American
Year round, as
needed/scheduled
Holiday Vendor art
markets
Invite local Na�ve ar�sts/vendors to sell their
authen�c, hand-made goods. Event will be open
to the public, limited capacity at a �me.
November and
December
Children’s Book
Reading(Culturally
relevant)
Contract local Indigenous ar�st/authors to read
children’s book and do interac�ve ac�vi�es with
10-15 kids ages 5-12.
TBD
Highlight local ar�sts to
showcase their art on a
monthly basis/contract.
I will hold an evening art Exhibit/showcase to
highlight 1 local ar�st. This will be open to the
public during normal business hours. These
would also include ar�st talks that gives the ar�st
a chance to talk about their art and let other’s
know who they are.
TBD
Resource center for
ar�st, ar�st calls, and art
business development
Provide resources to local indigenous ar�sts(art
commissions, ar�st calls etc), highlight and
promote ar�st call outs for the City of Renton
through flyers, and/or social media.
Year round
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 1 of 6
Request for Proposals
Pilot Project:
Development, Operation, and Management of a
Renton Arts Incubation Space
A Collaborative Opportunity
SUMMARY: Based on grant funding from the Port of Seattle, the City of Renton (“City”) is seeking
proposals from community and/or cultural organizations operating within King County and with ties or
interest to support the arts and culture of the City. Proposals will be accepted by individuals,
organizations, or teams partnering for the proposal ("Applicant(s)"); ideally Applicant(s) will be located
within the City. Proposals will describe the organization(s) plans and experience to develop, manage,
and operate a pilot program for a collaborative arts and culture space in downtown Renton with a vision
to include creative economic innovation and incubation of new or growing artistic and cultural small
businesses in an inclusive manner.
The expected location is an approximately 585 square foot space on the ground floor of the City-owned
parking garage located at 655 South 2nd Street, which the City will provide for the pilot project with no
rental or utility charges through the end of 2024. As currently configured, the space includes a built-in
kitchenette, private office, storage closet, and restroom. The City anticipates providing some tenant-
directed improvements which are described below.
The City will hold a site visit for potential proposing organizations to view the space on Tuesday May
9, 2023 between 10:00 a.m. and 2:00 p.m.
There will also be a Civic Core Open House for all members of the public on June 6, 2023.
OBJECTIVES: The City intends to choose Applicant(s) with the capacity to successfully establish an arts
and cultural hub in the first floor of the City Center Parking Garage. Program goals include:
1.Maximizing the space as a community engagement resource through programming and events.
2.Promoting Renton as a place for artistic and cultural opportunities.
3.Using the space in a manner that is compatible with other ongoing economic development and
revitalization programs in downtown Renton.
Safeguarding the City’s capital investment in the building.
PROJECT SPACE DETAILS: The space allocated for the program is indicated in Exhibit A.
Situated next to the City Center transit center and behind Piazza Park, the City-owned facility located at
655 S 2nd Street, is in the heart of downtown and envisaged as an anchor to the development of a
cultural hub. This approximately 585 square foot space has a built-in kitchenette, private office,
EXHIBIT B: CreNative Designz
EXHIBIT B:
Page 1 of 30
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 2 of 6
bathroom, and storage closet. Applicant(s) will provide all necessary furnishings; any changes to the
space are required to be temporary in nature, and not structural.
BUDGET/FUNDING: The City has received grant funding (see Exhibit B) for the successful Applicant(s) to
receive up to $50,000 for the development, operations, and management of a Cultural Arts Space. No
additional financial support has been allocated by the City. A successful proposal will describe how the
organization plans to secure additional funding from other sources to continue its operations beyond
the startup period. The funding can be used to support staff, purchase equipment not covered by the
City in the build out (such as items listed in section above), for operations of the space, program funding
or as matching funds for other grants to assist with capacity building and growth of the selected
program.
RESPONSIBILITIES AND DUTIES OF APPLICANT: The City intend to choose a qualified Applicant(s) with
the experience, infrastructure, and capacity to operate, manage, promote, and maintain a program for
the community, consistent with the City’s goals to launch a vibrant new arts and cultural space on the
first floor of the City Center Parking Garage. The City was awarded a grant to meet, or make progress
toward, the following goals:
1.Maximize the space as a community engagement resource through the programming of diverse
arts and educational events, along with offering a variety of cultural forums.
2.Promote the City of Renton as a place for arts opportunities, reaffirming it as a hub of cultural
activity that specializes in presenting the diverse cultural traditions of the Renton community.
3.Activate the space as an anchor and catalyst for economic development and revitalization in
downtown Renton.
4.Utilize the space for community celebrations and gatherings to facilitate cultural connection,
and to ensure that fair and equitable access is provided to artists and community-based
organizations that focus on engagement, partnership, equity, racial justice and delivering high-
quality, culturally sensitive programming to the public at affordable rates and ticket fees.
Applications for use of the space, and criteria for acceptance, will be developed by the
Applicant(s) in coordination with the City.
5.Open the space to provide a meeting location for local artists, while anchoring and nurturing
established and emerging local arts and service organizations with a primary focus on the
communities in Renton.
6.Support a creative center for diverse cultural talent reflective of the surrounding community,
through presentations and youth training programs.
7.Safeguard the City’s capital investment by ensuring the building, and equipment are safe, clean,
consistently and regularly updated so that the facility will continue to be an asset for the City.
The selected Applicant(s) will develop, manage, and operate the pilot program in compliance with all
applicable local, state, and federal requirements, including but not limited to ADA and anti-
discrimination rules and regulations. The selected Applicant(s) should describe how it intends to work
with City and other local organizations to foster professional art mentoring services and resources
designed to support community and youth opportunities, job training and creation, and creative
entrepreneurship.
SITE VISIT: To inform details of your proposal, including submissions of site/facility drawings, a visit to
the proposed location will be available to interested organizations Tuesday May 9, 2023. A City staff
person will be available during the hours of 10:00 am and 2:00 pm.
EXHIBIT B:
Page 2 of 30
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 3 of 6
PROPOSAL REQUIREMENTS: The proposal must contain all of the information requested below.
1.Applicant(s) team’s experience, including a resume for each member of the management or
operational team.
2.Organization or individual background
a.Vision and Mission Statements
b.History and Leadership structure
c.Community(ies) currently serving
3.A complete written proposal of vision and costs associated with a pilot program addressing the
following:
a.Do you currently operate a program (in Renton or elsewhere), or are you hoping to
develop one?
b.What is your vision and 2-year plan to activate this pilot program?
i.What exactly do you see happening in the space?
ii.What needs would this space meet for you and the community?
iii.How often will it be active, open, and engaging to the public?
iv.What is your plan for maintaining the space (cleaning, upkeep, etc.)?
v.Within the goals outlined above, what is your vision and plan for this Renton
Arts & Cultural space?
vi.What are the individual costs for each part of your plan?
4.A financial plan describing the estimated costs of the activities described above and how the
applicant intends to secure additional funding for those activities and ongoing operations
beyond December 2023. This should include a description of the applicant/team’s experience
securing similar financing for other projects.
CONTRACT TERMS AND CONDITIONS:
Upon selection of Operator/Manager, a Contract for Services will be entered into by the City and the
Operator/Manager. The contract will be substantially the same as the example Professional Services
Agreement in Exhibit C, through execution of the Agreement through December 31, 2024.Any follow-on
relationship will be subject to a new Agreement.
SUBMISSIONS:
The City will only accept electronic proposals, including any drawings, which must be submitted in .pdf
or .com format Jessie Kotarski, Economic Development Manager, at jkotarski@rentonwa.gov, no later
than 5:00 pm June 9, 2023.
PROPOSAL EVALUATION AND SELECTION:
The City reserves the right to reject late or incomplete proposals. The City will review all proposals for
completeness and compliance with the terms and conditions contained in this document. The City
reserves the right to reject any or all proposals, or to award a contract based upon available budget.
Contractors submitting proposals in response to this RFP will be given written notification of the results
of the selection process. Any requests for additional information that may be needed for the
preparation of a proposal should be directed to jkotarski@rentonwa.gov.
EXHIBIT B:
Page 3 of 30
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 4 of 6
Exhibit A
Current Floor Plans for the Arts & Culture Space
EXHIBIT B:
Page 4 of 30
Current Floor PlanEXHIBIT B: Page 5 of 30
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 5 of 6
Exhibit B
Agency Agreement (Port of Seattle Grant)
EXHIBIT B:
Page 6 of 30
Fort
of Seattle
CAG-22-158
ECONOMIC DEVELOPMENT PARTNERSHIP AGREEMENT
BETWEEN
THE PORT OF SEATTLE AND CITY OF RENTON
S-00321067
This Economic Development Partnership Agreement (the "Agreement") is made by and between the
Port of Seattle (the "Port") and the City of Renton ("Agency"), both municipal corporations of the State of
Washington (each, a "Party" or, collectively, the "Parties").
RECITALS
WHEREAS, engaging in the promotion of economic development is a recognized Port purpose
authorized under RCW 53. 08.245; and
WHEREAS, RCW 35.21.703 similarly authorizes cities to engage in economic development programs;
and
WHEREAS, RCW 53.08.240(2) permits the Port to contract with another municipality to perform such
undertakings each is authorized to perform; and
WHEREAS, the Port Commission of the Port of Seattle established the Economic Development
Partnership Program (the "Program"), to advance the Port' s Century Agenda, promote a dramatic growth
agenda, support the creation of middle class jobs and help address the lack of economic development funding
for local projects; and
WHEREAS, grant funding across the region is very limited for cities that want to pursue economic
development projects or initiatives, and Washington State has not had an economic development grant
program for over 20 years; and
WHEREAS, the Program will provide 38 King County cities per capita funding to advance local
economic development throughout the region, and requires a 50% local match by the cities that receive the
grants; and
WHEREAS, the Program will help the Port advance regional economic vitality through focused
partnerships with King County cities; and
WHEREAS, the Program will make grants to cities that pursue programs and projects that stimulate
business development, job creation and community revitalization, such as small business development,
industry retention and expansion, and other economic development projects that support new investment and
job creation;
NOW, THEREFORE the parties agree as follows:
1. Purpose. The purpose of this Agreement is to establish a contractual arrangement under which the
Port will pay the Agency Program funds in the amount set forth on Section 2 solely for the purpose of
carrying out the local initiative described in Exhibit A, attached and incorporated hereto by this reference
S-00321067 City of Renton Page 1 of 13
EXHIBIT B:
Page 7 of 30
the "Project"). This Agreement shall be interpreted in furtherance of this purpose.
2. Responsibilities of the Port. The Port shall contribute One Hundred Twenty Thousand and 00/100
Dollars ($120,000.00) (the "Grant Funds") to assist the Agency in funding the Project. The Port shall disburse
the Grant Funds to the Agency no later than thirty (30) days after receipt of a complete and correct invoice(s)
detailing those Project deliverables completed in accordance with Exhibit A.
3. Responsibilities of the Agency.
3.1 The Agency shall contribute local funds equivalent to at least fifty percent (50%) of the
Grant Funds towards the Project.
3.2 The Agency may contract with local non -profits to complete the Project or elements of the
Project; provided, that the Port shall not, under any circumstance, disburse the Grant Funds to any of
the Agency's contractors or subcontractors.
3.3 The Agency shall complete the Project no later than December 31, 2023
3.4 The Agency shall provide a complete and correct invoice(s) detailing those Project
deliverables completed in accordance with Exhibit A no later than December 31, 2023
4. Term. This Agreement shall be become effective as of the date the Port executes this Agreement and
shall terminate on December 31, 2023, unless earlier terminated under another provision of this Agreement.
5. Termination for Convenience. The Port may terminate this Agreement at any time for any reason,
by giving the Agency thirty (30) days' written notice. In the event the Agency has completed any portion of
the Project by the time it receives the Port's notice of termination, the Port shall pay the Agency the
percentage of the Grant Funds attributable to the Agency's completed portion of the Project.
6. Termination for Default. Except in the case of delay or failure resulting from circumstances beyond the
control and without the fault or negligence of the Agency, the Port shall be entitled, by written or oral notice to
the Agency, to terminate Agreement for breach of any of the terms and to have all other rights against the
Agency by reason of the Agency's breach as provided by law.
7. Waiver. Failure at any time of the Port to enforce any provision of this Agreement shall not constitute a
waiver of such provision or prejudice the right of the Port to enforce such provision at any subsequent time. No
term or condition of this Agreement shall be held to be waived, modified or deleted except by a written
amendment signed by the Parties
8. Partial Invalidity. If any provision of this Agreement is or becomes void or unenforceable by force
or operation of law, all other provisions hereof shall remain valid and enforceable.
9. Indemnification and Hold Harmless Agreement. The Agency shall defend, indemnify, and hold
harmless the Port, its Commissioners, officers, employees, and agents (hereafter, collectively, the "Port")
from all liability, claims, damages, losses, and expenses (including, but not limited to attorneys' and
consultants' fees and other expenses of litigation or arbitration) arising out of or related to the fulfillment of
this Agreement; provided, however, if and to the extent that this Agreement is construed to be relative to
the construction, alternation, repair, addition to, subtraction from, improvement to, or maintenance of, any
building, highway, road, railroad, excavation, or other structure, project, development, or improvement
attached to real estate, including moving or demolition in connection therewith, and therefore subject to
Section 4.24.115 of the Revised Code of Washington, it is agreed thatwhere such liability, claim, damage,
loss or expense arises from the concurrent negligence of (i) the Port, and (ii) the Agency, its agents, or its
employees, it is expressly agreed that the Agency's obligations of indemnity under this paragraph shall be
effective only to the extent of the Agency's negligence. Such obligations shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to
any person or entity described in this paragraph. This paragraph shall not be construed so as to require the
Agency to defend, indemnify, or hold harmless the Port from such claims, damages, losses or expenses
5-00321067 City of Renton Page 2 of 13
EXHIBIT B:
Page 8 of 30
caused by or resulting from the sole negligence of the Port.
In any and all claims against the Port, by any employee of the Agency, its agent, anyone directly or indirectly
employed by either of them, or anyone for whose acts any of them may be liable, the indemnification obligation
of this paragraph shall not be limited in any way by any limitation on the amount or type of damage$
compensation benefits payable by or for the Agency, or other person under applicable industrial insurance
laws (including, but not limited to Title 51 of the Revised Code of Washington), it being clearly agreed and
understood by the Parties hereto that the Agency expressly waives any immunity the Agency might have had
under such laws. By executing this Agreement, the Agency acknowledges that the foregoing waiver has been
mutually negotiated by the parties.
The Agency shall pay all attorneys' fees and expenses incurred by the Port in establishing and enforcing the
Port's right under this paragraph, whether or not suit was instituted.
10. Comply with All Laws. The Agency shall at all times comply with all federal, state and local laws,
ordinances and regulations, including but not limited to all environmental laws, which in any manner apply
to the performance of this Agreement.
11. Inteoration. This Agreement, together with the attached Exhibit A, constitutes the entire agreement
between the Parties and unless modified in writing by an amendment executed by the Parties, shall be
implemented only as described herein.
12. Governina Law and Venue. This Agreement shall be governed by the laws of the State of Washington.
Any action arising out of this Agreement shall be brought in King County.
13. No Employment Relationship Created, The Parties agree that nothing in this Agreement shall be
construed to create an employment relationship between the Agency and the Port.
14. No Entity Created. The Parties agree that nothing in this Agreement shall be construed to create a joint
entity between the Agency and the Port.
15. Notices.
Notices to the Port shall be sent to:
Port of Seattle
Economic Development Division
P. O. Box 1209
Seattle, WA 98111
Notices to the Agency shall be sent to:
City of Renton
1055 S Grady Way
Renton WA 98057
S-00321067 City of Renton Page 3 of 13
EXHIBIT B:
Page 9 of 30
16. Audits and Retention of Records. The Agency in and make all books, records and documents (the
Records") relating to the performance of this Agreement open to inspection or audit by representatives
of the Port or Washington State during the term of this Agreement and for a period of not less than six (6)
years after termination of the Agreement; provided, that if any litigation, claim or audit arising out of, in
connection with or related to this Agreement is initiated, the Agency shall retain such Records until the
later of
a) resolution or completion of litigation claim or audit; or (b) six (6) years after the termination of this
Agreement.
17. Amendment. This Agreement may only be amended by written agreement of the Parties.
18. Dispute Resolution. The Parties shall use their best. good faith efforts to cooperatively resolve disputes
that arise in connection with this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the date first set forth
above.
PORT OF SEATTLE
By: Colby Wattling
Buyer III
1- - -
Signature
Dated
CITY OF RENTON
By.
Mayor Armando Pavone
5/11/2022
Dated
ATTEST:
Jason A. Seth, City Clerk
It If I I
pF R N,ro.V
vco; PiARA`%,.`"```
5-00321067 City of Renton Page 4 of 13
EXHIBIT B:
Page 10 of 30
EXHIBIT A
1. Project Description: Summarize the project(s) you plan to implement and explain how project(s) address COVID-19
economic issues in your city. Include a brief description of the project goal(s) and summary of COVID-19 economic
impacts being addressed.
In the aftermath of the COVID-19 pandemic, the role of cultural and creative industries in our lives and in recovery
efforts, has become increasingly evident. A well -developed creative economy supports employment, socioeconomic
development, innovation, and cultural preservation within our region.
Along with cultural and creative economies, the tourism industry and small business communities have been the
sectors hit the hardest by the pandemic. With support from the Port, the City of Renton will focus the 2022-2023
projects on the integration of the arts and culture sector into the processes of community recovery and development
with an emphasis on small business support and tourism development.
The following projects are intended to focus recovery efforts to mitigate the negative impacts from the economic
downturn and serve to jumpstart the local recovery process:
Tourism Development - Promote Renton as a destination for tourism, recreation, business opportunity and
investment using geolocation technology to determine who visits Renton, where they are coming from and what
is driving their visit (i.e., restaurants, hotels, events, parks). Geolocation services provide valuable insights on
who's visiting, where they visit, whether they stay overnight and if so, how long they stay. Collected data
provides the opportunities to retarget those visitors to return to Renton. The project will use the data collected
through geolocation to create a targeted marketing campaign that resonates with an audience already engaged
and illustrating a high likelihood of returning to the area and sharing their experience within their networks. A
marketing campaign based on data collected through geolocation technology has the ability to create targeted
promotions for events that resonate with an audience outside the state. The campaign will reach a targeted
audience of potential visitors from outside of Washington state using geolocation behaviors, serving them ads
and then tracking those who interacted with the ads into market and/or paid lodging in Renton to calculate return
on investment. Ad campaigns will promote multi -cultural events and celebrations of song, dance, food and
music from the rich communities that have earned Renton the designation as one of the most ethnically diverse
cities in the United States.
Small Business Assistance - through direct service to eastside businesses in response to the economic crisis
caused by COVID-19. Expanding on the recovery efforts of the eastside City partners, the Startup425 program
initiative will continue to provide general business support services and creative solutions for businesses
struggling to regain stability following the negative impacts of COVID-19. Recovery efforts require both local and
regional efforts to build a pathway for prosperity in our community and in response to the COVID-19 economic
crisis. The Startup425 program offers a platform for collaborative efforts between the eastside cities and remains
a priority in Renton. The City of Kirkland will continue to serve as program administrator for an additional year
through year-end 2022. In 2022 and 2023, the focus will remain on providing programs and training to advance
economic recovery and resiliency for those businesses most negatively impacted by the COVID-19 pandemic.
Small Business Assistance/Promotion - Promote Renton as a center for arts and culture while generating
campaign tools to assist the small business community with their marketing efforts through a film competition.
Working in partnership with the Renton Municipal Arts Commission and REEL Renton, the City will host a
filmmaking challenge designed to support local filmmakers and create short promotional videos to highlight local
businesses and build a name for Renton as a leader in the film industry. Filmmakers will have 50 hours to write,
shoot, edit and turn in a film up to four minutes in length. The film must be shot entirely in Renton. Filmmakers
will be assigned a local small business at the beginning of the competition to showcase in their production. The
resulting films will be screened at the Renton Civic Theatre. The top films will receive an award and be presented
at the Seattle Film Summit held in Renton in September 2022. All submitted films will be available online and
used in promotional materials to highlight the arts and small business environment in Renton.
Small Business Assistance/Relief — Activate a creative hub with local artists and art programming and create a
toolkit with resources and testimonials about the creative economy in Renton, including links for how to get
involved. Economic recovery relies on the ability of creative workers to recuperate after so much of the sector's
loss resulting from the pandemic. Many artists, especially those operating out of their homes, are isolated, and
5-00321067 City of Renton Page 5 of 13
EXHIBIT B:
Page 11 of 30
lack access to resources necessary to safeguard or adapt their business models to shifting consumer habits.
The lack of affordable working space for artists presents challenges to the development and continued support of
a robust local arts and culture tourism industry.
The City will conduct a feasibility study and implement plans to establish an art and culture coworking space at
one of two city -owned facilities downtown. The facility will serve as a free or low-cost space for artist studio and
gallery space and offer programming designed to foster professional art mentoring services and resources
designed to nurture artists' business abilities.
The City will work with the Renton Municipal Arts Commission to provide programming and review applications
from local artists for use of the studio and gallery space. The arts and culture center will serve to create more
interconnected creative networks and support of a robust local arts and culture tourism industry.
Small Business Assistance — Build on the development of downtown Renton through a MainStreet challenge
designed to foster the growth of startup businesses in the community and generate additional retail occupancy in
the heart of the city. The Challenge is an entrepreneurial start-up competition which will take place over a period
of approximately 6 months and provide a means by which local or regional merchants can advance their desire
to expand or open a new business downtown. The challenge offers incentive package(s) for retail businesses or
restaurants to locate in downtown Renton no later than Fall 2023. The purpose is to foster economic
development by encouraging additional retail occupancy in downtown Renton and provides a means by which
small businesses can advance their desire to expand or open a brick -and -mortar location. Each winner will
receive an incentive package with a value of $5,000or more in financial assistance over a twelve-month period.
Additional in -kind professional services will be made available by local businesses which may include
accounting, advertising, architectural, banking, legal, signage, social media and search engine training, and
website design services.
The challenge serves to:
o recruit existing businesses to locate in the downtown core in order diversify the mix of offerings in Renton.
o Showcase and market existing available properties in the downtown area.
o Provide entrepreneurial businesses with financial assistance to launch their concepts.
o Identify and connect with startups or home -based businesses to provide resources.
o Create positive buzz and promotion for Downtown Renton.
o Drive consumer traffic to Renton's Downtown Historic Corridor
o Create opportunities for new long-term property leases in Downtown Renton
o Generate ideas, leads, and insights to aid efforts to support job creation and revenue growth.
The incentive packages are designed to help defray the costs of opening a brick -and -mortar business in the City of
Renton and provide support through business mentoring, marketing support and workforce development. The program
is a collaboration between the Renton Downtown Partnership, Renton Chamber of Commerce, and participating property
owners downtown.
2. Project Scope of Work: Outline project title or components, economic impacts of COVID-19 the project is
addressing, project goals, project deliverables, and metrics (measurable outcomes) using the table below. View
Appendix B for sample metrics, measures of success, and data sources. The table is used in the agreement between
the Port of Seattle and each city.
S-00321067 City of Renton Page 6 of 13
EXHIBIT B:
Page 12 of 30
Project Category: Tourism Promotion
Promote Renton
as a destination
for tourism,
ecreation,
Business
opportunity and
nvestment using
the latest
technologies
April 2022 —
November
2023
Geofence Renton
hotels, attractions,
high- visitation/event
areas, the city of
Renton itself and SEA
International Airport
Develop a
geolocation-based
marketing campaign
using collected data
for an event or
brand campaign)
Target those who've
visited in the past 3
years, encourage them
to bring a friend and
stay overnight
Create campaign
concepts
Develop creative
assets for campaign;
include Port of Seattle
logo
Using the
geolocation platform,
deliver digital ads to
reach a targeted
audience of potential
visitors from outside
Washington state using
geolocation behaviors
Combine geolocation
data with geolocation
digital marketing
results to track those
who interacted with the
ads and then visited
and/or stayed in paid
lodging in Renton to
calculate return on
investment
Number of visitors
from outside of
Washington state
Top locations of
origin
Top visitor
attractions
Top visitor events
Top attractions by
type (parks, dining,
events,
entertainment, etc.)
I
Number of overnight
stays
I
Average length of
stay
Most popular daysto
visit
Identify opportunities
in previously
inaccessible niches,
such as cultural
events, marinas,
parks, etc. j
Metrics from promotional
activities (advertising,
social media, etc.).
S-00321067 City of Renton Page 7 of 13
EXHIBIT B:
Page 13 of 30
Project Category: Small Business Support
Responded to
the COVID-19
crisis by providing
tools, classes,
workshops for
regional
businesses to
aid in the
economic
recovery for
small
businesses
i
April 2022 —
November
2023
Deliver a Spring
Foundations Series of
workshops for
entrepreneurs &
startups.
Deliver a Fall
Foundations Series of
workshops for
entrepreneurs &
startups.
Market the program
to support
identification,
screening, and
selection of businesses
in Renton who could
benefit from
participation in the
program.
Provide one-on-one
technical support
services to start-ups,
entrepreneurs, and
small businesses
identified through the
program.
Increase outreach
efforts to increase
knowledge and
awareness of ongoing
services available to
aid Renton
entrepreneurs and
small business in
regional recovery.
Maintain log of
business assistance
provided.
Survey those assisted
through workshops.
Number of
businesses
contacted with
information about
the program.
i
Number of
businesses
participating in the
Foundation series
classes.
Number of
businesses
receiving one-on-
one support from the
Economic
Development office
in Renton following
a referral from the
program
Number of
businesses
receiving
assistance/connecti
on to resources
because of the
program.
Number of new
businesses opening
in Renton because
of participation in the
program.
Program report with
evaluation of business
assistance provided
through surveys collected
from workshop participants
Seat full complement of
participating businesses
Evaluation of businesses
needs
Evaluation of metrics
including quantity, sector,
and type of assistance
rendered
Evaluation of website
metrics
Evaluation of outreach
and communications
efforts
5-00321067 City of Renton Page 8 of 13
EXHIBIT B:
Page 14 of 30
Support local film
industry; Provide
marketing support
for small
businesses;
promote Renton
as a center for
Arts & Culture
April 2022 —
November
2023
two film
competition
events over
the two year
period)
Create promotional
videos to highlight
small businesses in
Renton.
The competition will
be announced through
a call for
artists/filmmakers that
will be distributed to
artists, arts
organizations and artist
networks based locally
and nation-wide.
The competition will
be held in Renton in
the summer of 2022.
Films will feature local
businesses and be
used as promotional
material made
available to the
businesses following
the competition and
highlighted in the
Renton Community
Marketing Campaign
through and made
available on
Visitrentonwa.com,
whyrenton.com and
rentondowntown.com.
The films will be
integrated into the paid
social campaigns ran
through the Renton
Community Marketing
Campaigns and
targeting a fly -in
audience.
The films will be
screened at the Renton
Civic Theatre for public
viewing at special
event designed to draw
residents, tourist and
film lovers to downtown
Renton.
Number of
filmmakers
participating in the
competition and
making connection
with and receiving
information from the
Renton Municipal
Arts Commission.
Number of short films
created to promote small
businesses in Renton.
Metrics from promotional
activities (advertising for
the competition, marketing
of the screening event).
Number of local artists
Number of films participating in the film
produced. challenge.
Number of small
businesses
highlighted in the
produced films.
Number of
attendees at the
screening (attending
the event in
downtown Renton).
Post -event
feedback from
artists, residents,
and businesses.
Attendance figures
as available from
event partners
screenings at Civic
Theatre, awards
event at Seattle Film
Summit).
Number of attendees at
the screening event.
Number of artists
engaging in the film
competition and connecting
with the Arts Commission
for resources to grow their
business in Renton.
S-00321067 City of Renton Page 9 of 13
EXHIBIT B:
Page 15 of 30
Support creative
workforce through
the creation of an
Arts Business
Incubator;
promote Renton
as a center for
Arts & Culture
April 2022 — • Contract with a
November design/build company
2023 with an understanding
of the arts & culture
sector to create a plan
to launch an arts
center in downtown
Renton.
Make contact with
local artists to survey
current needs (and
identify resources and
solutions that can be
addressed in the
creation of the art &
culture co -workspace)
Implement changes
recommended by the
Design team to the
building out the space
to serve as an
incubator for artists
and center for arts
programming and
business mentoring.
Create marketing
toolkit to promote the
space that includes
resources and
testimonials about
participating in the
creative economy in
Renton.
Open an application
for artists to utilize the
space at low or no
cost.
Partner with local arts
organizations to offer
programming and
connect with artists
around the region
including, but not
limited to Allied Arts of
Renton, SoCoCulture,
4 Culture, Artist Trust).
Activate creative co -
workspace in
downtown Renton by
Spring 2023.
Number of local Report summarizing I
artists contacted findings of 2022-
about the program 2023Creative Co -
and space. workspace.
Number of local Promotional materials
artists contacted and created for the co -
subscribed to the workspace and toolkit for
city's artists' roster. Arts & Culture in Renton.
Number of local Recommendations for
artists utilizing the supporting the growth of
co -work space (as the creative economy in
studio space, or to Renton.
host programming).
Number of local -Number of artists
artists receiving contacted and receiving
assistance. information about the arts
culture space.
Number of artists
connected with the Renton
Municipal Arts Commission
as a result of the project.
Number of artists
responding to the call for
participants.
Number of artists
connected with resources
to help growthier art
business.
Number of artists
operating out of the space.
Number of support
partners participating and
providing support for the
arts & culture space.
5-00321067 City of Renton Page 10 of 13
EXHIBIT B:
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Foster startups April 2022 — Host an entrepreneur Number of startups Number of startups
through an November Challenge that and entrepreneurs contacted and receiving
entrepreneur 2023 encourages startups to contacted about the information about the
challenge 2 to 3 submit their business program and space. program.
incentive plans to receive
packages incentive package and Number of Number of
over the assistance opening a startups/entrepreneu startups/entrepreneurs
course of the location in downtown rs contacted and connected with the Renton
2-year Renton. connected with the Economic Development
period) Economic office as a result of the
Create marketing Development office. program.
campaign to promote
the Challenge. Number of Number of businesses
entrepreneurs participating in the
Identify and contact responding to the Challenge (responses
small business owners Challenge received during the
and entrepreneurs in opportunity. application period).
Renton about
participating in the Number of Number of businesses
Challenge program. entrepreneurs connected with resources
receiving to help grow their business.
Collect information assistance.
through surveys to Number of new
create a better Number of businesses opening in
understanding of the community partners downtown Renton because
needs and challenges offering support for of the competition.
of the startup the program.
community in Renton. Number of jobs created
from the new businesses
Work with partners that open.
Chamber, banks,
marketing firms, Number of support
property owners, etc.) partners participating and
to identify resources to providing support to
support entrepreneurs. entrepreneurs.
Select 1 to 2
businesses to receive
the incentive package
and additional support
to open a location in
downtown Renton.
3. Connection to Port of Seattle interests: Explain how your project benefits the Port of Seattle and ties to the Port's
business interests?
Port business interests tie closely to the health of aviation, maritimel logistics, manufacturing, and constructionl trades
clusters. Tourism is another important industry to the Port of Seattle.
The project goals outlined above align closely with the objectives of the Port of Seattle and aim to assist in the recovery
efforts and provide opportunities for growth following the struggles created by a community impacted by COVID-19.
The identified projects serve impacted businesses, promote local tourism, encourage local spending, and foster a
better understanding of the challenges faced by entrepreneurs and key industries in the new business climate.
S-00321067 City of Renton Page 11 of 13
EXHIBIT B:
Page 17 of 30
The emphasis on tourism promotion in these projects will serve to increase visitor traffic to Renton through SEA
International Airport. Through campaign efforts to grow awareness and increase overnight stays, the campaigns aim
to make Renton, as a part of the greater Seattle region, a travel destination of choice for visitors outside Washington
state.
Geolocation data provides insights that make marketing campaigns more effective. Knowing the states visitors came
from, where they have stayed and what they did helps us reach people most likely to fly to SEA International Airport
and explore Renton and beyond. With its proximity to the airport, Renton is a natural basecamp for visitors who want
to experience Western Washington's diverse cultures, history, and outdoor adventures.
The focus on improving arts and cultural programs can leverage existing tourism trends and boost overnight stays for
evening and weekend entertainment and potentially increase the length of stay of the current tourism base.
Strengthening the creative economy and providing for a healthy business environment are key to economic growth in
Renton and the region in the aftermath of the pandemic. The selected projects will provide businesses and arts leaders
with the tools and resources necessary to develop and build connection so that together, they can create jobs, attract
investments, encourage local spending, and stimulate the economy through tourism and consumer purchases.
4. Project Budget: Identify each project budget category, total funds (including the monetary value of in -kind
resources), Port of Seattle funds and City monetary and in -kind matching funds. Include the total funds from each
column in the second to last row. Include the percentage contributions to the Port of Seattle's contribution in the last
row. This table is used in the agreement between the Port of Seattle and each city.
CategoryPort of
Seattle
City
Monetary
City In -kind
Matching
Total
Funds
categories(
Please select one
of the
provided) Awarded:4*dNd1i
Geolocation Marketing Tourism 20,000 10,000 30,000
Campaign
Startup425 Small Business 20,000 10,000 30,000
Partnership Assistance
Film Competition & Small Business 26,667 13,333 40,000
Small Business Assistance
Promotions
Arts & Culture Small Business 33,333 16,667 50,000
Incubator Assistance
Main Street 20,000 10,000SmallBusiness 30,000
Entrepreneur Assistance
Challenge
Total Funds: 120, 000 60,000 180,000
Percentage 100% 50% 0%
contribution to
Port Funds*:
5-00321067 City of Renton Page 12 of 13
EXHIBIT B:
Page 18 of 30
5. Collaboration with partners: Please identify any community organizations (chamber of commerce, neighborhood
associations, Small Business Development Centers, SCORE, Greater Seattle Partners, etc.) you plan to work with to
complete all or part of your project(s)?
The City of Renton is committed to driving economic growth on a local and regional scale and fully supports the Port's
efforts to raise the regional image as a business location. The City's investments in an incubator project and emphasis
on providing support for small businesses will help identify and foster new and existing businesses that add value to
the region and can serve as future partners in sustained growth and vitality of the region.
Tourism promotion for the project identified above are managed by the city's Economic Development office as part of
a collaborative effort of the Renton Community Marketing Campaign. The campaign is supported by five community
partners including Renton Schools, Renton Technical College, Renton Chamber of Commerce, Valley Medical and the
City. In addition to the campaign partners, members representing the lodging tax advisory committee (hotel managers,
non-profit leaders, and direct marketing organizations) are included in regular update meetings for their perspective
and insights into the needs and status of the hospitality industry in Renton.
Additional support and regular collaboration exist between partners at the Renton Downtown Partnership (a 501c (3))
and the Renton Municipal Arts Commission.
Renton Downtown Partnership — The Renton Downtown Partnership unites the community, nonprofits, and
stakeholders to create a vibrant social, cultural, and economic center while celebrating Downtown Renton's
unique historic character.
Renton Municipal Arts Commission Renton Municipal Arts Commission was formed in 1965. The members
advise the city government about the artistic and cultural development and serve as stewards of the city's art
collection. In addition, the commission strives to support and connect people with arts and culture endeavors in
the Renton community. For more information about the Renton Municipal Arts Commission, contact
arts@rentonwa.gov or visit facebook.com/Renton arts.
The City is proud of the success of the current collaboration with the four municipalities participating in efforts to expand
entrepreneurship opportunities across Eastside communities to provide support for local business owners interested
in expanding into foreign markets. Renton continues to join forces with the four partner cities (Redmond, Kirkland,
Issaquah and Bellevue) and the SCORE mentors and leaders in the efforts of the Startup425 to support and foster the
small business environment on the Eastside of the region. In addition, the following organizations are involved in the
planning and execution of the program; King County Library System (KCLS), the Small Business Development Center
SBDC), the Small Business Administration (SBA), the Service Corps of Retired Executives (SCORE), the Greater
Seattle Partners (GSP), Bellevue College, Washington State Office for Regulatory Innovation and Assistance, and
many others.
6. Use of consultants or contractors: If you plan to use consultants or contractors to complete all or part of the
project, please identify the firm or type of firm you plan to hire for this project.
The Renton Community Marketing Campaign partners work closely with JayRay PR & Creative Marketing to facilitate
contracted services to manage the tourism campaign. This full -service creative marketing and strategic
communication team has proven to be a highly effective partner in the marketing of the city and the region.
The City of Renton Economic Development Division and the Renton Municipal Arts Commission will produce an RFP
to request a feasibility study and design proposal to create an arts and culture center in one of the existing city
facilities downtown. The study and design of the selected contractor will provide the foundation for the development
of an operational arts incubator in downtown Renton.
5-00321067 City of Renton Page 13 of 13
EXHIBIT B:
Page 19 of 30
2023 RFP: Renton Arts Incubation Space Pilot Project
Page 6 of 6
Exhibit C
Sample Contract [PROFESSIONAL SERVICES CONTRACT TEMPLATE]
EXHIBIT B:
Page 20 of 30
[NOTE: If you have any revisions to the non-highlighted text, please make them in “tracked changes”
mode and send to attorney for review. DELETE THIS NOTE.]
AGREEMENT FOR CLICK HERE TO ENTER TEXT.
THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Click here to enter text.
(“Consultant”), Click here to enter text.. The City and the Consultant are referred to collectively
in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective
as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide Click here to enter text. as specified in
Exhibit Click here to enter text., which is attached and incorporated herein and may
hereinafter be referred to as the “Work.” [NOTE: the Scope of work should fully describe the
services in sufficient detail to bind the consultant in the event of a dispute. If design or other
applicable standards apply to the work (e.g. City adopted street standards, 2016 WSDOT
Standard Specifications, or applicable professional standards) identify those standards here
or in the Scope of Work exhibit so that the Consultant will be bound to the desired standards.
DELETE THIS NOTE].
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit Click here to enter text.
or as otherwise mutually agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit Click here to enter text.. All Work shall be
performed by no later than Click here to enter text.. [NOTE: insert latest date by which you
expect the services to take to perform without a contract amendment- note that more specific
deadlines should be included in the referenced exhibit, DELETE THIS NOTE.]
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $Click here to enter text., plus any applicable state and
local sales taxes. Compensation shall be paid [NOTE: ADD THIS ADDITIONAL LANGUAGE
FOR FIXED SUM CONTRACTS AND DELETE THIS NOTE] as a flat rate fixed sum based upon
Work actually performed according to the rate(s) or amounts specified in Exhibit Click
here to enter text.. The Consultant agrees that any hourly or flat rate charged by it for
its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in
EXHIBIT B:
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mode and send to attorney for review. DELETE THIS NOTE.]
PAGE 2 OF 10
writing or provided in Exhibit Click here to enter text.. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
EXHIBIT B:
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mode and send to attorney for review. DELETE THIS NOTE.]
PAGE 3 OF 10
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
EXHIBIT B:
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or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
EXHIBIT B:
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mode and send to attorney for review. DELETE THIS NOTE.]
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Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) 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 and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
EXHIBIT B:
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Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
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CITY OF RENTON
Project Manager Name
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-XXXXXXXX
E-mail Address
Fax: (425) 430-XXXXXXXX
CONSULTANT
Project Manager Name
Street Address
City, State Zip
Phone: (XXX) XXX-XXXX
E-mail Address
Fax: (XXX) XXX-XXXX
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
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B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Enter name
of Contract/Project Manager. In providing Work, Consultant shall coordinate with the
City’s contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
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E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
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M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Enter Signer’s Name
Enter Signer’s Title
Enter Signer’s Name
Enter Signer’s Title
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Enter City Attorney Name
Enter City Attorney Title
Contract Template Updated 5/21/2021
EXHIBIT B:
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