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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: Washington State Dept. of Community, Trade and Economic Development
Contract Number: 10W09 -` 3
This is assigned by Mary Simmons
Vendor Number:
Project Name: Wetland Inventory
Contract Effective Date: October 21, 2005
Contract Termination Date: June 30, 2006
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kelly Peterson
Department: Engineering
Abstract:
Critical Areas Ordinance wetland inventory.
ADCL7832 07/02
CTED t'ontract Face Sheet Contract Number: S06-63200-E01
vl 31-212312 005
Washington State Department of Community,Trade and Economic Development
Growth Management Services
Local Government
1. Contractor 2. Contractor Doing Business As (optional)
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
3. Contractor Representative 4.CTED Representative
Kelly Peterson Ike Nwankwo
Environmental Engineer Technical/Fin. Asst. Manager
(253) 856-5547 (360) 725-3056
(253) 856-6500 (360) 753-2950
Kpeterson@ci.kent.wa.us iken cted wa gov
5. Contract Amount 6. Funding Source 7. Start Date 8.End Date
$10,000 Federal: ❑ State: ® Other: ❑ N/A: ❑ 8/1/05 6/30/06
9.Federal Funds (as applicable) Federal Aeency CFDA Number:
10. Tax ID# 11. SWV# 12. UBI# 13.DUNS#
91-6001254
14. Contract Purpose
Wetland Rating Comparison-City of Kent system vs.DOE system -
The DEPARTMENT and CONTRACTOR acknowledge and accept the terms of this CONTRACT and attachments and
have executed this CONTRACT on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this CONTRACT are governed by this CONTRACT and the following other documents
incorporated by reference: CONTRACT Terms and Conditions including Attachment"A"Work Plan and Attachment
"B"Budget.
FOR THE CITY OF KENT FOR THE DEPARTMENT OF COMMUNITY
TRADE AND ECONOMIC DEVELOPMENT:
Name (,LJ h,' Nancy K. Ousley, Assistant Director-_,
Title M e p R Local Government Division
/O - 7 -D ,6
Date Date
APPROVED AS TO FORM ONLY
Sir-nature On File
Melissa Burke-Cain, Senior Counsel
Office of Attorney General of Washington
October 20, 2003
Date
Page 1 of 10
RECelVEQ
OCT 14 2005
GROWTH MANAGEMENT
CONTRACT NO.S06-63200-E01
CONTRACT TERMS & CONDITIONS
SECTION 1 -PREAMBLE
This CONTRACT, entered into by the City of Kent(hereinafter referred to as the GRANTEE), and the Department of
Community, Trade and Economic Development(hereinafter referred to as the DEPARTMENT), WITNESSES THAT:
WHEREAS, the DEPARTMENT has the responsibility under RCW 43.330.050(5)to provide financial and technical
assistance to the communities of the state,to assist in improving the delivery of federal, state, and local programs; and to
provide communities with opportunities for productive and coordinated development beneficial to the well-being of
communities and their residents; and
WHEREAS, the DEPARTMENT has the statutory authority under RCW 43.330.120 to offer technical and financial
assistance to cities and counties planning under the Growth Management Act; and
WHEREAS,the DEPARTMENT has selected the GRANTEE to receive funds and the GRANTEE shall use the funds to
undertake a project which furthers the goals and objectives of the DEPARTMENT's Growth Management Services Unit in
accordance with its mission.
THEREFORE, the parties mutually agree to the following terms and conditions:
SECTION 2- WORK PLAN
Over the course of the CONTRACT period,the GRANTEE shall accomplish the activities described in Attachment"A":
Work Plan that is incorporated into the CONTRACT by reference.
SECTION 3 - FUNDING
The total funds to be reimbursed to the GRANTEE for costs incurred during the CONTRACT period shall be a sum not to
exceed $10,000.
SECTION 4-BUDGET
An approved budget by category of expenditure is included as Attachment "B" of this CONTRACT that is incorporated
into the CONTRACT by reference. The total amount of transfers of funds between line item budget categories shall be as
specified in Attachment`B." If the cumulative amount of these transfers exceeds or is expected to exceed the amount
specified in Attachment`B,"the total project budget shall be subject to justification and negotiation of a CONTRACT
amendment by the GRANTEE and the DEPARTMENT.
SECTION 5 -CONTRACT PERIOD
A. The effective date of this CONTRACT shall be the date all parties sign and complete execution of the
CONTRACT. This CONTRACT shall terminate on June 30, 2006, except for any remaining obligations of
the GRANTEE as may exist under Section 7.
B. Costs to be reimbursed by the DEPARTMENT under this CONTRACT are those eligible costs incurred during
the performance of the CONTRACT work program on or after August 1, 2005.
Page 2 of 10
CONTRACT NO.S06-63200-E01
SECTION 6-REIMBURSEMENT PROVISIONS
A. Funds will be disbursed per the schedule established in Attachment`B."
B. Only eligible project-related costs will be reimbursed. Ineligible costs include,but are not necessarily limited to:
capital expenses, such as land acquisition or construction costs;purchase of machinery; hosting expenses, such as
meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the
project; lobbying or political influencing; and other costs which are not directly related to the project.
C. Within twenty (20)days after receiving and approving the voucher,the DEPARTMENT shall remit to the
GRANTEE a warrant covering the DEPARTMENT's share of the costs incurred for work performed.
D. The final invoice voucher covering costs incurred for work performed on or before, must be
submitted by the GRANTEE prior to ,to allow the DEPARTMENT sufficient time to process it.
Payment of the final voucher shall be contingent upon the DEPARTMENT's receipt and approval of any
products or deliverables designated in Attachment"A."
SECTION 7- REPORTS
A. The GRANTEE shall submit a brief progress report on a form approved by the DEPARTMENT which describes
the progress made on the work program outlined in Attachment"A." Progress reports will be submitted on a
Monthly calendar cycle. The Monthly progress report shall also provide detail on the dedicated matching
funds.
B. The GRANTEE shall furnish, along with or prior to submitting the final invoice voucher,two copies of each final
product designated in Attachment"A."
SECTION 8 -ACKNOWLEDGMENT OF STATE FUNDING
The GRANTEE shall provide all project-related press releases to the DEPARTMENT. Press releases shall identify the
DEPARTMENT as a project financier.
Publications such as reports and pamphlets which are developed totally or in part with funds provided under this
CONTRACT shall give credit to the funding source by including the following: "Funds made available through the
Washington State Department of Community, Trade and Economic Development."
SECTION 9 -DOCUMENTATION.MONITORING, AND AUDIT
During the CONTRACT period and following its termination,the GRANTEE shall follow accounting procedures and
shall maintain books,records, documents, and other evidence which sufficiently and properly reflect all project specific
costs expended in the performance of this CONTRACT. The Office of the State Auditor or any persons duly authorized
by the DEPARTMENT shall have full access to and the right to inspect,excerpt, audit,or examine any of these materials
at all reasonable times for a period of six years after termination of the CONTRACT.
The DEPARTMENT may require a copy of the GRANTEE's most recent audit and management letter.
The DEPARTMENT may require the GRANTEE to obtain an audit for specific expenditures under this CONTRACT.
Costs of a required audit are an allowable expense.
Page 3 of 10
CONTRACT NO.S06-63200-E01
SECTION 10- RECAPTURE PROVISIONS
In the event that the GRANTEE fails to expend funds under this CONTRACT in accordance with state laws and/or the
provisions of this CONTRACT,the DEPARTMENT reserves the right to recapture state funds in an amount equivalent to
the extent of the noncompliance.
Such right,of recapture shall exist for a period not to exceed six years following CONTRACT termination. Repayment by
the GRANTEE of funds under this recapture provision shall occur within 30 days of demand. In the event that the
DEPARTMENT is required to institute legal proceedings to enforce the recapture provision,the DEPARTMENT shall be
entitled to its costs thereof, including reasonable attorney's fees.
SECTION 1 I - CONTRACT AMENDMENTS
A. The DEPARTMENT or the GRANTEE may request changes to the CONTRACT or its provisions. It is agreed
and understood that no material or substantive alteration or variation of the terms of this CONTRACT shall be
valid unless made in writing and signed by both parties. Any oral understanding or agreements shall not be
binding unless made in writing and signed by both parties.
B. CONTRACT amendments shall not be made which result in an extension of the CONTRACT period beyond
June 30, 2006.
SECTION 12 -NONDISCRIMINATION CLAUSE
During the performance of this CONTRACT,the GRANTEE shall comply with all federal and state nondiscrimination
laws, including, but not limited to chapter 49.60 RCW. Washington's Law Against Discrimination, and 42, U.S.C. 12101
et sea.,the Americans with Disabilities Act(ADA).
In the event of the GRANTEE's noncompliance or refusal to comply with any nondiscrimination law, regulation, or
policy, this CONTRACT may be rescinded, canceled, or terminated in whole or in part, and the GRANTEE may be
declared ineligible for further CONTRACTS with the DEPARTMENT. The GRANTEE shall, however, be given a
reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with Section 20.
SECTION 13 -TERMINATION OF CONTRACT
A. If,through any cause,the GRANTEE shall fail to fulfill its obligations under this CONTRACT in a timely and
proper manner; or if the GRANTEE shall violate any of its covenants, agreements, or stipulations;the
DEPARTMENT shall have the right to terminate this CONTRACT. The DEPARTMENT may withhold the
balance of state funding if such default or violation is not corrected within twenty (20)days after the
DEPARTMENT submits written notice to the GRANTEE describing such default or violation.
B. Notwithstanding any provisions of this CONTRACT, either party may terminate this CONTRACT by providing
written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date.
C. Reimbursement for GRANTEE work performed, and not otherwise paid for by the DEPARTMENT prior to the
effective date of such terminations, shall be as the DEPARTMENT reasonably determines.
Page 4 of 10
CONTRACT NO.S06-63200-EOI
D. In the event funding from the state, federal,or other sources is withdrawn, reduced, or limited in any way after
the effective date of this CONTRACT and prior to normal completion,the DEPARTMENT may unilaterally
reduce the scope of work and budget or terminate this CONTRACT.
SECTION 14 - GRANTEE NOT EMPLOYEE OF DEPARTMENT
The GRANTEE, its employees,or agents performing under this CONTRACT are not deemed to be employees neither of
the DEPARTMENT nor as agents of the DEPARTMENT in any manner whatsoever. The GRANTEE will not hold itself
out as or claim to be an officer or employee of the DEPARTMENT or of the State of Washington and will not make any
claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT
or of the State of Washington.
SECTION 15 - USE OF SUBCONTRACTS
The GRANTEE may enter into subcontracts for any of the work contemplated under this CONTRACT without obtaining
prior written approval of the DEPARTMENT. The GRANTEE shall follow local policies regarding procurement, or in
absence of local policies, shall use a competitive procurement process.
Each CONTRACT that the GRANTEE enters into with subcontractors, creditors and others shall contain a clause
providing notice that the state and the DEPARTMENT are not responsible for any legal obligation, financial or otherwise,
incurred by the GRANTEE.
The DEPARTMENT reserves the right to monitor the subcontractor selection process and contractual documents either
during or following the selection process.
The GRANTEE is responsible for the performance of any subcontractors. The GRANTEE shall require all subcontractors
to follow the same rules and regulations as described in this document. All subcontractors must be monitored by the
GRANTEE to ensure fiscal accountability.
SECTION 16 - OWNERSHIP OF PROJECT MATERIALS
All finished or unfinished documents, data, studies, surveys, drawings,models, photographs, films, duplicating plates,
computer disks and reports prepared by the GRANTEE under this CONTRACT shall be works for hire under U.S.
copyright law. The DEPARTMENT may duplicate,use, and disclose in any manner and for any purpose whatsoever, all
materials prepared under this CONTRACT.
The GRANTEE must have prior approval of the DEPARMENT to produce patents,copyrights,patent rights, inventions,
original books, manuals, films, or other patentable or copyrightable materials, in whole or in part with funds received
under this CONTRACT. The DEPARTMENT reserves the right to determine whether protection of inventions of
discovery shall be disposed of and administered in order to protect the public interest. Before the GRANTEE copyrights
any materials produced with funds under this CONTRACT, the DEPARTMENT reserves the right to negotiate a
reasonable royalty fee and agreement.
Page 5 of 10
CONTRACT NO.S06-63200-E01
SECTION 17-TRAVEL AND SUBSISTENCE REIMBURSEMENT
Travel and subsistence reimbursement shall be made in accordance with the guidelines followed by the GRANTEE in the
course of normal operations. In the absence of local provisions, per diem rates and travel allowances shall be paid in
accordance with rates set for state employees pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or
hereafter amended.
SECTION 18 - SPECIAL PROVISION
The DEPARTMENT's failure to insist upon the strict performance of any provision of this CONTRACT or to exercise
any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a
waiver of any right under this CONTRACT.
SECTION 19-HOLD HARMLESS
The GRANTEE agrees to defend, hold harmless, and indemnify the State of Washington and the DEPARTMENT, their
officers, agents, employees, and assigns against any and all damages of claims from damages resulting or allegedly
resulting from the GRANTEE's performance of activities under the terms of this CONTRACT.
SECTION 20- DISPUTE RESOLUTION
Except as otherwise provided in this CONTRACT, when a bona fide dispute arises between the parties and it cannot be
resolved through discussion and negotiation, either party may request a dispute hearing. The parties shall select a dispute
resolution team to resolve the dispute. The team shall consist of a representative appointed by the DEPARTMENT, a
representative appointed by the GRANTEE, and a third party mutually agreed upon by both parties. The team shall
attempt, by majority vote,to resolve the dispute. The parties agree that this dispute process shall precede any action in a
judicial or quasi-judicial tribunal.
SECTION 21 - GOVERNING LAW AND VENUE
The CONTRACT shall be construed and enforced in accordance with,and the laws of the State of Washington hereof
shall govern the validity and performance. Venue of any suit between the parties arising out of this CONTRACT shall be
the Superior Court of Thurston County,Washington.
SECTION 22 -APPLICABLE LAWS AND REGULATIONS
The GRANTEE shall comply with all existing applicable laws, ordinances, codes, regulations and policies of local, state,
and federal governments,as now or hereafter amended.
SECTION 23 - SEVERABILITY
In the event any term or condition of this CONTRACT or application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other terms, conditions, or applications of this CONTRACT which can be given
effect without the invalid term, condition,or application. To this end,the terms and conditions of this CONTRACT are
declared severable.
Page 6of10
CONTRACT NO.S06-63200-E01
SECTION 24- ENTIRE AGREEMENT
This contract, including referenced exhibits,represents all the terms and conditions agreed upon by the parties.No other
understandings or representations, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist
or to bind any of the parties hereto.
The attachments to this agreement are as follows:
ATTACHMENT A: "Work Plan,"consisting of_l_page(s); and
ATTACHMENT B: "Budget,"consisting of_1_page(s).
' Page 7 of 10
CONTRACT NO.E06-63200-204
ATTACHMENT A: WORK PLAN
Grantee: City of Kent
Summary: Wetland Rating Comparison—City of Kent vs. DOE System
Estimated Completion Dates&Activities:
Goals/ Description Start Date End Date
Actions/
Deliverables
Goal Evaluate wetlands within the City of Kent to 8/l/05 10/31/05
inform amendments to Critical Areas Ordinance.
Action 1 Evaluate 20 wetlands within the City of Kent 8/1/05 10/31/05
using the Kent wetland rating system and the
DOE wetland rating system This will include a
description of the wetland buffers.
Action 2 Develop an analysis table which compares the 8/22/05 10/31/05
wetland rating systems for each wetland and
develop letter report summarizing. _
Deliverable Report and analysis table summarizing results 8/l/05 10/31/05
CONTRACT NO.S06-63200-E01
Close Out Reports Due By:
DATE: September 30, 2005
Deliverables: Report and analysis table summarizing results
Close Out Report in 500 words or less.
Page 9 of 10
CONTRACT NO.S06-63200-E01
ATTACHMENT B: BUDGET
The budget shall consist of the following elements:
1. Category of Expenditure
SFY 2006 SFY 2007 Total
Salaries and Benefits $3,259.20 $ $
Goods and Supplies $ $ $
Professional Services $12,950.00 $ $
Other Goods and Services $ $ $
Total $16,209.20 $ $
2. Budget Summary
SFY 2006 SFY 2007 Total
CTED Funds $10,000.00 $ $
Other Funds $6,209.20 $ $
Total $16,209.20 $ $
3. Payment Disbursement Schedule
Upon final signing of contract and before June 30, 2006: $6,000
Upon completion of the contract and before June 30, 2006: $4,000
4. Special Budget Provisions
A. For CONTRACTS over$30,000 the total amount of transfers of funds between line item budget
categories shall not exceed ten (10)percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
B. For CONTRACTS under $30,000 the total amount of transfers of funds between line item budget
categories shall not exceed twenty(20)percent of the total budget. If the cumulative amount of these
transfers exceeds or is expected to exceed twenty percent,the total budget shall be subject to
justification and negotiation of a CONTRACT amendment by the GRANTEE and
the DEPARTMENT.
C. A sum often(10)percent of funds shall be withheld until all tasks, activities, and final products
defined in ATTACHMENT "A" have been successfully completed by the GRANTEE and accepted
fully by the DEPARTMENT.
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