The URL can be used to link to this page

Home My WebLink AboutPW13-081 - Amendment - WA State Dept of Ecology - James St Stormwater Outfall Retrofit - 07/29/2013 DEPARTMENT OP ECOLOGY State of Washington Amendment Agreement Number: G1200585 Sus ension of Performance and Resunrptior)of Peiforntartce. In the event of a disruption in funding from state,federal, or other sources during the tern) of this conh act, gr ant, loan, or interlocal agreement(hereafter referred to as "agreement'), the Department of Ecology may elect to suspend performance of the agreement until such time as the Department of Ecology determines that the finding insufficiency is resolved in lieu of terminating the agreement. During the period of the suspension ofperformance, each party shall inform the other of any conditions that pray reasonably affect the potential for•resumption ofpe)forn)ance. Yirhen the Department ofE+cology determines that the funding insufficiency is resolved it may give written notice to resume performance Upon receipt of notice to resume performance, recipient/vendor will provide writlen notice to the Depar•hnent of Ecology as to the date upon which it agrees to resume pe)fornrance. The Department of-Ecology has identified a possibility that state funds will beco)ne unavailable beginning July 1, 2013, if a state operating budget is not enacted prior to that tine. Iffunds do become unavailable on July 1, 2013, this agreement is suspended effective at that tune pursuant to this provision for Suspension of Performance and Resumption of Performance. Approved Approved Recipient/Vendor- State of Washington Department of Ecology KENT CITY OF �V, (Sig to•e) (Dg e} (Si aturu) (Date) Kelly Susewind (Print Name) (Print Name) Program Manager �nacfo� Water Quality (Title) (Title) t Simmons, Mary From: Mactutis, Mike Sent: Tuesday, August 06, 2013 5 43 PM To: Simmons, Mary Cc: Casteel, Kelly Subject: FW WA Dept of Ecology - Signed Suspension Amendment(s) Attachments: G1200585 pdf Importance: High Mary, Here is a signed amendment to a grant agreement with the Washington Department of Ecology regarding the James Street Water Quality Vault for the City files. Mike From: Ryser, Leann (ECY) [madto•Irys461(abECY.WA.GOV] Sent: Tuesday, August 06, 2013 5:19 PM To: Mactutis, Mike; Casteel, Kelly Subject: WA Dept of Ecology - Signed Suspension Amendment(s) Importance: High KENT CITY OF Thank you for your organization's recent cooperation with the Department of Ecology during the state's potential shutdown. Please print the attached suspension amendment(s)for your organization's files They are signed by: • your organization's representative • Ecology's program manager If your organization has multiple agreements with Ecology, amendments for all may or may not be attached here. We're returning the signed amendments to the contacts from whom we received them. Ecology is not assigning or tracking an amendment number in its system for these amendments. We are providing a copy of the amendments to Ecology project managers and are placing the document with Ecology's original signature in our fiscal files Please let me know if you have questions or problems opening the attached fde(s). Leann Ryser Fiscal Secretary Department of Ecology PO Box 47615 Olympia, WA 98504-7615 Irys461@ecy wa gov (360)407-7054 (360)407-7153 Fax 1 Sent on behalf of: Erik Fairchild I Chief Financial Officer I WA Department of Ecology 360.407.7005 2 �t;i�7F�4 RECEIVED t s 4 3UN 2 4 2013 ��'�Ark°�`y STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY ENGINEERING DEPT PO Boa 47600 • Olympia, "A 98504-7600 +360-407-6000 711 for Washington Relay Service + Persons with a speech disability can call 877-833-6341 June 20, 2013 KENT CITY OF 220 4TH AVE S KENT WA 980325895 TIME SENSITIVE RESPONSE REQUESTED PLEASE FORWARD THIS TO YOUR ORGANIZATION CONTACT FOR THIS ECOLOGY AGREEMENT: G1200585 The purpose of this letter is to notify you of the potential impact to your loan, grant, contract or interlocal agreement("agreement') with the Department of Ecology ("the Department') in the unlikely event that a state operating budget is not enacted by July 1, 2013, and/or no appropriations are made to fund the above-captioned agreement. However, if state funds are appropriated by July 1, 2013, there will be no impact on the above-captioned agreement. Specifically, this letter is a contingent notice of termination of the above-captioned agreement with an effective date beginning July 1, 2013, and a proposal to amend the agreement to provide for suspension in lieu of termination This matter requires your immediate attention and prompt action. Thank you in advance for working quickly to address this situation and manage our agreement documents at this difficult time in fiscal planning. As of the date of this letter, the Washington State Legislature has not yet enacted a state operating budget to appropriate funds to state agencies for the upcoming biennium. In the unlikely event that the state legislature does not enact a state operating budget before the beginning of the new fiscal biennium on July 1. 2013, state agencies operating on appropriations will no longer be authorized to incur expenses, such as through your above-captioned agreement with the Department. Under the Washington State Constitution,Article VIII, Section 4, and RCW 43 88.130, the state cannot expend or agreement to expend money or incur financial obligations that are not authorized through appropriations The appropriations set forth in the state's current operating budget end on June 30, 2013. As required by these circumstances, the Department hereby gives this contingent notice of termination to the above-captioned agreement effective July 1, 2013, in the event that a state operating budget has not been enacted at that time This termination notice is thus contingent upon the potential unavailability of state funds. If appropriations are enacted to fund the Department effective July 1, 2013, no termination shall go into effect and the agreement shall continue unimpeded. KENT CITY OF-G1200585 Page 2 June 20,2013 The Department would prefer to suspend rather than terminate the agreement in order to facilitate resumption of the agreement upon enactment of state funds In order to affect a suspension in lieu of termination, please review the attached agreement amendment entitled Suspension of Pe7 formance and Resumption of Pe7 formance. If this arrangement is acceptable, please sign, scan, and send this agreement amendment using one method below as soon as possible, preferably within five days. By Email: amendments@ecy.wa.gov OR By Fax: 360-407-7153 This amendment will allow this agreement to survive a disruption of state funds and avoid the need to establish new agreements after the subsequent authorization of funds. Finally, if no operating budget is enacted by July 1, 2013, the Department directs you at that time to cease or refrain from any activity that incurs expense to the state under this agreement. Please note that sub-contracts that you have awarded as part of the work under this agreement are also subject to the effect of this contingent termination or suspension in lieu of termination. We expect you to notify your sub-contractors of this situation and instruct them to be prepared to suspend work effective July 1, 2013, if no state operating budget has been enacted in order for you to avoid mcu=g costs that will not be eligible for reimbursement. We understand that this uncertainty is concerning to our partners and we appreciate your patience in the coming weeks as we all await enactment of a state operating budget In the meantime,we appreciate your prompt action in processing this agreement amendment. During this time, please direct all questions to your Ecology Project Manager, who will act as your point of contact regarding this issue. Thank you, f„3 u Erik Fairchild Chief Financial Officer Enclosure Pw13 -00/ REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes NJ S,I N C TON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) n Oliglnator f,_f �� , �I� I ,; Phone (Oiiginator) X cj Date Sent: ia913 Date Required IC )3 Return Signed Document to �.�,Kz 1✓r,? S CONTRACT TERMINATION DATE: 0' VENDOR NAME: w �51 �a �ceay DATE OF COUNCIL APPROVAL: /11511�J,S Brief Explanation of,�]]Document. �(v.o.X�;� _ VO.a�V �--t C✓n.2r�("I'�� LJ8.,51 (`��',...2��SC� � �C'c1P�i7 W�n� � 5�� (rzr Al( Contracts Must Be Routed Through the Law Department (This Aiea to be Completed By the Law Department) Received: ,C:f Approval of Law Dept Law Dept. Comments: JUL 11 201� `-' � E® t tf DEp, Date Forwarded to Mayor- , — I Z —l 2j J city of Kent Shaded Areas to Be Completed by Ad , ' ration Staff Office of the Mayor Received: Q - Recommendations & Comments: ti C Disposition: IL Date Returned. 6 Iage5870 • 1 05