Brian Stahl (Farm Manager Agreement) 2024
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into
between the City of Bainbridge Island, a Washington State municipal corporation (“City”), and
Brian Stahl, an independent consultant.
WHEREAS, the City needs professional services in connection with management of farmers
and farming infrastructure on City-owned public farmland; and
WHEREAS, the Consultant has the expertise and experience to provide said services and is
willing to do so in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the City and the Consultant as follows:
1. SERVICES BY CONSULTANT
The Consultant shall provide the professional services as defined in this Agreement and as
necessary to accomplish the scope of services attached hereto as Attachment B and incorporated
herein by this reference as if set forth in full. The Consultant shall furnish all services, labor, and
related equipment to conduct and complete the work, except as specifically noted otherwise in
this Agreement.
2. TERM AND TERMINATION OF AGREEMENT
A. This Agreement shall become effective upon execution by both parties and shall continue
in full force and effect until December 31, 2024, unless sooner terminated by either party as
provided below.
B. This Agreement may be terminated by either party without cause upon thirty (30) days’
written notice to the other party. In the event of termination, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submitted to the City, and the Consultant shall be entitled to just and equitable compensation
at the rate set forth in Section 3 for any satisfactory work completed prior to the date of
termination.
3. PAYMENT
A. The City shall pay the Consultant hourly, plus actual expenses, in accordance with
Attachment B, but not more than a total of sixty thousand dollars in 2024 ($60,000). The hourly
rate shall be $57.00 in 2024.
B. The Consultant shall submit, in a format acceptable to the City, monthly invoices for
services performed in a previous calendar month. Each project and each task within a project
shall be the subject of a separate invoice. The Consultant shall maintain time and expense
records and provide them to the City upon request.
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C. The City shall pay all invoices by mailing a City check within sixty (60) days of receipt
of a proper invoice from the Consultant.
D. If the services rendered do not meet the requirements of this Agreement, the Consultant
shall correct or modify the work to comply with this Agreement. The City may withhold
payment for such work until it meets the requirements of this Agreement.
4. INSPECTION AND AUDIT
The Consultant shall maintain all books, records, documents, and other evidence pertaining to
the costs and expenses allowable under this Agreement in accordance with generally accepted
accounting practices. All such books and records required to be maintained by this Agreement
shall be subject to inspection and audit by representatives of the City and/or the Washington
State Auditor at all reasonable times, and the Consultant shall afford the proper facilities for such
inspection and audit. Representatives of the City and/or the Washington State Auditor may copy
such books, accounts, and records if necessary to conduct or document an audit. The Consultant
shall preserve and make available all such books of account and records for a period of three (3)
years after final payment under this Agreement. In the event that any audit or inspection
identifies any discrepancy in such financial records, the Consultant shall provide the City with
appropriate clarification and/or financial adjustments within thirty (30) calendar days of
notification of the discrepancy.
5. INDEPENDENT CONTRACTOR
A. The Consultant and the City understand and expressly agree that the Consultant is an
independent contractor in the performance of each and every part of this Agreement. The
Consultant expressly represents, warrants, and agrees that the Consultant’s status as an
independent contractor in the performance of the work and services required under this
Agreement is consistent with and meets the six-part independent contractor test set forth in RCW
51.08.195. The Consultant, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. The Consultant shall
make no claim of City employment nor shall the Consultant claim any related employment
benefits, social security, and/or retirement benefits.
B. The Consultant shall be solely responsible for paying all taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, the Consultant shall
pay the same before it becomes due.
C. The City may, during the term of this Agreement, engage other independent contractors
to perform the same or similar work that the Consultant performs hereunder.
D. The Consultant shall obtain a business license and, if applicable, pay business and
occupation taxes pursuant to Title 5 of the Bainbridge Island Municipal Code.
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6. NONDISCRIMINATION AND COMPLIANCE WITH LAWS
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, sexual orientation, age, disability, gender identity, or
other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide
occupational qualification.
B. The Consultant shall comply with all federal, state, and local laws and ordinances
applicable to the work to be done under this Agreement.
C. Violation of this Section 6 shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension by the City, in whole or in part, and may result in
ineligibility for further work for the City.
7. OWNERSHIP OF WORK PRODUCT
All data, materials, reports, memoranda, and other documents developed under this Agreement,
whether finished or not, shall become the property of the City and shall be forwarded to the City
in hard copy and in digital format that is compatible with the City’s computer software programs.
8. GENERAL ADMINISTRATION AND MANAGEMENT
The City Manager of the City, or designee, shall be the City’s representative, and shall oversee
and approve all services to be performed, coordinate all communications, and review and
approve all invoices, under this Agreement.
9. HOLD HARMLESS AND INDEMNIFICATION
A. The Consultant shall defend, indemnify, and hold the City, its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits
including attorney fees, arising out of or resulting from the negligent or alleged negligent acts,
errors, or omissions of the Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
B. However, should a court of competent jurisdiction determine that this Agreement is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s
liability, including the duty and cost to defend hereunder, shall be only to the extent of the
Consultant’s negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
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C. The City’s inspection or acceptance of any of the Consultant’s work when completed
shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification.
D. Nothing contained in this Agreement shall be construed to create a liability or a right of
indemnification in any third party.
10. INSURANCE
The Consultant shall maintain the insurance described in Attachment A.
11. SUBLETTING OR ASSIGNING CONTRACT
This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in
whole or in part by the Consultant to any other person or entity without the prior written consent
of the City. In the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of the Consultant as stated herein.
12. EXTENT OF AGREEMENT/MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified, or added to only
by written instrument properly signed by both parties.
13. SEVERABILITY
A. If a court of competent jurisdiction holds any part, term, or provision of this Agreement
to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be
affected, and the parties’ rights and obligations shall be construed and enforced as if the
Agreement did not contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict and shall be deemed modified to conform to such statutory
provision.
14. FAIR MEANING
The terms of this Agreement shall be given their fair meaning and shall not be construed in favor
of or against either party hereto because of authorship. This Agreement shall be deemed to have
been drafted by both of the parties.
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15. NONWAIVER
A waiver by either party hereto of a breach by the other party hereto of any covenant or
condition of this Agreement shall not impair the right of the party not in default to avail itself of
any subsequent breach thereof. Leniency, delay, or failure of either party to insist upon strict
performance of any agreement, covenant, or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment
of any such agreement, covenant, condition, or right.
16. NOTICES
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-
delivered to the parties at their addresses as follows:
To the City: City of Bainbridge Island
280 Madison Avenue North
Bainbridge Island, WA 98110
Attention: City Manager
To the Consultant: Brian Stahl
5129 McDonald Ave
Bainbridge Island, WA 98110
or to such addresses as the parties may hereafter designate in writing. Notices and/or demands
shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices
shall be deemed effective when mailed or hand-delivered at the addresses specified above.
17. SURVIVAL
Any provision of this Agreement which imposes an obligation after termination or expiration of
this Agreement shall survive the term or expiration of this Agreement and shall be binding on the
parties to this Agreement.
18. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
19. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Kitsap County, Washington.
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20. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the
signature dates included below.
BRIAN STAHL CITY OF BAINBRIDGE ISLAND
Date: Date:
By: By:
Name Blair King, City Manager
Title
Tax I.D. #
City Bus. Lic. #
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397,841,797.00
604,838,778.00
Owner
18-Dec-23
Brian Stahl
18-Dec-23
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ATTACHMENT A
INSURANCE REQUIREMENTS
A. Insurance Term
The Consultant shall procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
B. No Limitation
The Consultant’s maintenance of insurance as required by the Agreement shall not be construed
to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise
limit the City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance
The Consultant shall obtain insurance of the types and coverage described below:
1. Automobile Liability insurance covering all owned, non-owned, hired, and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or
a substitute form providing equivalent liability coverage.
2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop-gap liability,
independent contractors, and personal injury and advertising injury. The City shall be
named as an additional insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO CG 20 26.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
D. Minimum Amounts of Insurance
The Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
E. Other Insurance Provision
The Consultant’s Automobile Liability and Commercial General Liability insurance policies are
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to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City.
Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be
excess of the Consultant’s insurance and shall not contribute with it.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
G. Verification of Coverage
Before commencing work and services, the Consultant shall provide to the person identified in
Section 8 of the Agreement a Certificate of Insurance evidencing the required insurance. The
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work. The
City reserves the right to request and receive a certified copy of all required insurance policies.
H. Notice of Cancellation
The Consultant shall provide the City with written notice of any policy cancellation within two
business days of their receipt of such notice.
I. Failure to Maintain Insurance
Failure on the part of the Consultant to maintain the insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five (5) business days’ notice
to the Consultant to correct the breach, immediately terminate this Agreement or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
J. City Full Availability of Consultant Limits
If the Consultant maintains higher insurance limits than the minimums shown above, the City
shall be insured for the full available limits of Commercial General and Excess or Umbrella
liability maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by the
Consultant.
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ATTACHMENT B
SCOPE OF SERVICES
SCOPE OF WORK: MANAGEMENT AND LEASING
FARM MANAGER RESPONSIBJLITIES: The Farm Manager shall be responsible for overall
coordination, communication, and management, of city owned lands used primarily for
agricultural production. This is currently comprised of 10 leases encumbering 21 acres. (See
Exhibit B). The Farm Manager’s scope of work will include:
a. Recruiting and selecting leasehold Farmers, as needed (see below).
b. Negotiating leases with leasehold Farmers (see below).
c. Coordinating resources for the leasehold Farmers (see below) and resolving any disputes
that may arise between the leasehold farmers.
d. Developing an overall Farm Management Plan for managing the farmland under
cultivation, which Farm Management Plan shall be developed according to best
management practices. Provide Farm Management Plan to the City of Bainbridge Island
Executive Department
e. Ensure that each Farmer has an appropriate Farm Management Plan.
f. Monitoring conformance to the Farm Management Plans.
g. Monitor performance, goals, policies, practices and Farm Management Plans and report
annually to the City.
h. Work with the City towards the implementation of Capital Projects (e.g., irrigation
systems, fencing, roads) via recommendations for capital improvement maintenance,
replacement, and new facilities.
Task One: Recruit and select leasehold Farmers
In conformance with the guidance below, lead recruitment and selection of leasehold farmers, if
needed.
Task Two: Negotiate leases with new leasehold Farmers or for newly leased farmland
In conformance with the guidance below, prepare leases for the City of Bainbridge Island and
potential new leasehold farmers, if needed.
Task Three: Tenant and property management
Coordinating resources for the leasehold Farmers to include use of common resources such as
roads and water. Resolve any disputes that may arise between the leasehold farmers.
Hold two farm site committee meetings each year.
Task Four: Farm Management Plans
Develop and monitor an overall management plan for the cultivation of certain portions of the
City-owned farmland.
Review, approve and monitor Farmers’ farm management plans. Recommend corrective action,
as needed.
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Task Five: Reporting
Provide an annual written report to the City Council and City staff, as detailed below.
Task Six: Repair and Maintenance
Identify routine maintenance to irrigation system, fencing and shared farm infrastructure. Notify
the City of maintenance needs. Serve as single point of contact between Farmers and City staff
regarding requested repair and maintenance.
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EXHIBIT A – Leases and Management Goals
TERMS OF LEASES: Leases granted to Farmers shall be in a form and contain terms approved
by the City Manager and shall be consistent with the following:
a. Rental rates shall be set according to a schedule or formula approved by the City
Manager. Rent for leasehold Farmers shall be calculated as the monthly fair rental
value of the Premises as of the commencement of the lease term, and shall (i)
include the cost of any use of Premises utilities, (ii) be determined by a formula
based on a comparison of agricultural lease rates set by the USDA and local
Kitsap County agricultural lease rates, and (iii) include a proportional share of the
cost of maintaining and operating any common areas included in the Premises.
This calculation will also recognize that certain costs of ownership, including the
cost of some insurance and utilities may be paid directly by the Farmer and are
therefore not costs for which reimbursement is required, that use of the Premises
is restricted by the Lease in ways that reduce the fair rental value, and that Farmer
will be providing certain benefits to the Bainbridge Island community including
but not limited to preservation and enhancement of agricultural land quality (e.g.
soil amendments and physical improvements) and protection of the environment.
b. On mutual agreement by the City and the Farm Manager, consideration may be
given in exceptional circumstances on a case-by-case basis for a leasehold
Farmer's rent rate to be calculated by an agreed percentage rate of gross income
from crop yield. Under all circumstances such rent rates shall include at a
minimum (i) the cost of any use of Premises utilities, and (ii) a proportional share
of the cost of maintaining and operating any common areas included in the
Premises.
c. The length of such leases will not extend past 2042 and shall be appropriate to the
type of food crop and specific situation - e.g., vineyards and orchards require at
least four to seven years before they produce fruit, whereas row crops begin
yielding produce within one to two years.
d. Leases signed after January 1, 2024 shall be substantially the same as the leases
signed before that date.
e. Farmers shall be responsible for the cost of on-going maintenance and leasehold
improvements supporting their farming activities, beyond the City's existing
infrastructure investments (e.g., clearing, deer fencing, installation of an irrigation
system).
f. Rent and fees paid by leasehold Farmers shall be paid to the City of Bainbridge
Island, and may contribute to necessary operational and management costs related
to the public farmland.
SELECTION OF LESSEES: The Farm Manager will recommend leases for Farmers who are
selected in an open competitive process with criteria approved by the City and which give
preference based on the following factors:
o Previous experience with commercial farming.
o Compatibility with other uses and users of the Premises.
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o Growing food crops.
o Agricultural diversity.
o Sustainability of practices.
o Submission of an Agriculture Business Plan demonstrating commercial viability.
The City will issue public notice of the application period for available leases, including the City
website and other outreach. Notice to issued at least forty-five (45) days in advance of the close
of the application period.
The City Manager may use management discretion to deviate from the above selection process to
address and resolve unique and unknown circumstances.
COORDINATION OF SHARED RESOURCES: The Farm Manager will facilitate cooperation
among Farmers in the development of the Premises and the use and maintenance of common
resources (such as storage facilities and large equipment) and tasks (such as maintenance of
fencing and farm materials).
RESPONSIBLE USE AND COMPLIANCE WITH LAW: The Farm Manager shall use, and
ensure that Farmers and all other users of the Premises, use the Premises in a manner so as not to
cause actual harm to others or create any nuisances, public or private; and shall dispose of any
and all waste in a safe and sanitary manner and in compliance with all applicable laws and
regulations.
FARM SITE COMMITTEES: The Farm Manager shall establish and maintain a separate Farm
Site Committee for each of the following areas of the Premises: 1) Day Road Farm (including
Crawford property), 2) Morales Farm, and 3) Johnson Farm. For the areas to which they are
assigned. each Farm Site Committee will have general property oversight responsibilities
including: oversight of daily property management, allocation of farmland and farmland
resources (such as water), an opportunity to be consulted by the Farm Manager about applicants
for a lease on the applicable site, and determination of use of farmland infrastructure. Farm Site
Committees will consist of each farmer operating in the farm area of the Farm Site Committee,
and the Farm Manager. The Farm Manager will use operating policies for the Farm Site
Committees, which policies shall be approved by the City, and which shall include a farmer
business plan review, and a farmer tenant dispute resolution process.
REPORTS: By March 1 of each year, the Farm Manager will provide the City with an annual
written report, which will include at least the following information:
a. Quantification of produce and products from designated leased properties.
b. Identification of farmer subleases by parcel, acreage utilized and lease rates.
c. Summary of financial management (calendar year basis) including but not limited
to: expense by parcel and payee; income by parcel; operating revenues and
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expenses of the management organization; grants sought/awarded, etc.
d. Recommendation(s) for farm related capital improvements, if any.
If requested by the City, such report shall be accompanied by an oral presentation to the City
Council and other City representatives.
INSPECTION: Leases shall contain language that includes the following provision:
City may inspect any portion of the Premises except the interiors of residential structures. at any
reasonable time, and in any reasonable manner, upon at least twenty-four (24) hours’·written or
oral notice to the Farm Manager. In the event of emergency, the City may inspect any portion of
the Premises except the interior of residential structures without notice, provided the City shall
have made reasonable efforts to give advance notice to the Farm Manager.
OTHER SERVICES: The Farm Manager will make reasonable efforts to act as a service
facilitator and clearinghouse for ideas for the City and farm property tenants, including:
o Assisting with transition planning for individual Farmers (e.g., training and
mentoring new farmers and enabling retirement/exit of farmers no longer
interested in farming).
o Permitting for value-added processing and on-site sales of farm products.
o Functioning as a business incubator and support resource for island farmers,
including forging appropriate alliances with other organizations that have the
resources to promote successful farm business development.
o Providing general business support to leasehold fanners, including identifying and
finding ways to provide technical best practices training.
o Marketing and public relations (e.g., "Buy Local" campaign).
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EXHIBIT B – Leases
Current Leases
Name Location
Parcel Number
Acreage Lease Rate
(acre/year)
Duration
(years)
Laughing Crow Farm
Betsey Wittick
Suyematsu– Bentryn
102502-1-063-2005
1.19 $334 25
Bainbridge Island Vineyard
Betsey Wittick
Suyematsu– Bentryn
102502-1-063-2005
3.34 $334 25
Bainbridge Island Farms
(now Suyematsu Farms)
Karen Selvar
Suyematsu– Bentryn
102502-1-063-2005
6.82 $334 25
Butler Green Farms
Brian MacWhorter
Suyematsu– Bentryn
102502-1-063-2005
2.54 $334 25
Butler Green Farms
Brian MacWhorter
Morales Farm
102502-1-062-2006
1.7 $290 25
Perennial Vintners
Mike Lempriere
Morales Farm
102502-1-062-2006
.4 $290 25
Perennial Vintners
Mike Lempriere
Suyematsu– Bentryn
102502-1-063-2005
.59 $290 25
Peaceful Morning Farm
John Chang
Morales Farm
102502-1-062-2006
.67 $290 25
Heyday Farm Johnson Farm
282502-2-064-2002
1.6
$170 12
Vireo Farm
Mark Taylor & Tracy Lang
Johnson Farm
282502-2-064-2002
1.28 $170 21
Total Acreage 20.13
Prior Lease – terminated
Name Location
Parcel Number
Acreage Lease Rate
(acre/year)
Duration
(years)
Paulson Farm
TERMINATED
Mike Paulson
Suyematsu– Bentryn
102502-1-063-2005
1.44 $334 24
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