HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 08/24/2021
KENT CITY COUNCIL
COMMITTEE OF THE WHOLE
Tuesday, August 24, 2021
4:00 PM
Chambers
Masks are required regardless of vaccination status.
A live broadcast is available on Kent TV21,
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www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 884 0500 0462
Mayor Dana Ralph
Council President Toni Troutner
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember Brenda Fincher Councilmember Zandria Michaud
Councilmember Satwinder Kaur Councilmember Les Thomas
**************************************************************
Item Description Speaker
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
A. Payment of Bills - Authorize Paula Painter
B. Authorize the Use of accessoShoWare Center Operating Tim Higgins
Fund Balance for Capital Repair and Replacement -
Authorize
C. INFO ONLY: FLEXFund ARPA Request Bill Ellis
Chuck DePew
D. INFO ONLY: Equity Update Uriel Varela
E. Nate Harper
Roof of Kent Police Station Authorize
F. First Addendum to Lease with Half Lion Public House, LLC Julie Parascondola
at the Riverbend Golf Complex - Authorize
Committee of the Whole Committee of the Whole - August 24, 2021
Regular Meeting
G. Supplemental Parks Property Levy Agreement - Authorize Terry Jungman
H. Interagency Agreement with the Washington Traffic Safety Sara Wood
Commission for 2021-2022 Walker/Roller Safety Program
Pacific Highway South - Authorize
I. Downey Side Channel Restoration RCO Grant Resolution Melissa Dahl
Adopt
J. Amendments to Consultant Services Agreements for IT Brian Rambonga
Temporary Staff - Authorize
K. Consultant Services Agreement with TEKsystems, Inc. for Brian Rambonga
Temporary IT Staff - Authorize
L. First Amendment to Master License and Services Mike Carrington
Agreement for Amanda Platform Authorize
M. Amanda (KIVA Replacement) Permitting System Mike Carrington
Deployment Project Amend Budget and Approve Contract Kurt Hanson
Amendment - Authorize
5. ADJOURNMENT
NOTE: A copy of the full agenda is available in the City Clerk's Office and at
KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk's
Office in advance at 253-856-5725. For TDD relay service, call the Washington
Telecommunications Relay Service 7-1-1.
5/B
FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Authorize
MOTION: I move to authorize the payment of bills.
SUMMARY:
BUDGET IMPACT:
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FINANCE DEPARTMENT
Paula Painter, CPA
220 Fourth Avenue South
Kent, WA 98032
253-856-5264
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Authorize the Use of accessoShoWare Center Operating Fund
Balance for Capital Repair and Replacement - Authorize
MOTION: I move to authorize the use of $338,925 of the accessoShoWare
operating fund balance for the repair and replacement of capital assets, to
include the scoreboard, arc flash test, administration carpet and
transformer for fiscal year 2021.
SUMMARY: During the Committee of the Whole meeting on February 9th, 2021,
balance to pay for the remaining cost of the scoreboard. The Finance Department
pledged to come back to Council in the future with a proposal for the use of the
accessoShoWare operating fund balance.
Since the accessoShoWare Center opened in 2009, admissions tax for the
accessoShoWare Center and the Thunderbirds have been transferred from the
these funds have been accumulating in fund balance which currently nears $3
million. Of that current balance, $545,000 is CARES funding reserved for reopening
expenses, which leaves approximately $2.4 million in fund balance. In addition to
the transfer of admissions tax to the accessoShoWare Center operating fund, the
maintenance.
In addition to the already approved capital expenditures for 2021, a Capital
Improvement Plan has been established proposing the use of approximately
$2,946,075 for the repair and replacement of capital assets for fiscal years 2021
through 2025. This Capital Plan will be funded by using a combination of the
accessoShoWare operating fund balance, both current and future, and annual
lifecycle maintenance funds. The following capital repairs and replacements are
proposed the next four years: scoreboard, arc flash test, administration carpet,
transformer for show power, chain motors, ice deck covering, concession stand
branding, marquee, basketball court restoration, new building for storage, gate and
fence repair, television units, stage and blackout curtains, kitchen/concession
equipment, folding chairs for floor seating, suite furniture, heat exchange ice plant,
and ribbon boards.
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In 2021, the additional capital asset repair and replacements of the scoreboard, arc
flash test, administration carpet and transformer total $338,925. The remainder of
the Capital Plan which totals $2,607,150 will be included as part of the proposed
budget each year in the accessoShoWare operating fund.
BUDGET IMPACT: Use of $338,925 of accessoShoWare operating fund balance for
capital asset repair and maintenance for fiscal year 2021.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. ShoWare Capital Repair-Replacement Plan (PDF)
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14.1%13.5%16.8%18.7%12.5%18.7%
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......
65,100
101,850 399,000 494,550 551,250 367,500 551,250
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$ 415,575
-
-----
42,000
399,000 157,500
3136
3135
$
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$
-
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65,100
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3134
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$ 231,000
-
---
Cumulative Requirements
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Capital Repair & Replacement
78,750 65,100
322,350 315,000 204,750
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$
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52,500
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$ 184,575
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(Kitchen/Concession eqpt.
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(Chairs,BB Court,Ice Deck, furniture)
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Audio/Visual(Ribbon Board,Scoreboard,TVs) Electrical(arc Flash Test, Transformer)HVAC Mechanical( Heat Exchanger)FFE Food&Beverag General Building(Carpet concessions,Storage)Site (gate
repair)Specialty Item(chain motor,Marquee,Curtain)
5/D
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
Kent, WA 98032
253-856-5454
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: FLEXFund ARPA Request
SUMMARY: Chief Economic Development Officer, Bill Ellis and Chuck DePew from
the National Development Council will present information on the FLEXFund ARPA
request.
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5/E
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
Kent, WA 98032
253-856-5710
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Equity Update
SUMMARY: Race and Equity Manager, Uriel Varela will present the Council with an
Equity update.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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5/F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: ion, Inc to Replace
Roof of Kent Police Station Authorize
MOTION: I move to authorize the Mayor to enter into an agreement with
Station, in an amount not to exceed $189,922.50, subject to final terms
and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: This project is a lifecycle replacement of the roof on the Kent Police
th
Ave S, Kent, WA 98032. The roof of the
building was last replaced in 2001, and it's reaching its end-of-life. This project will
include removal and proper disposal of all roofing material, replacement of faulty
plywood if needed, installation of ice and water shield, synthetic underlayment,
installation of new composition shingles, installation of new vent boxes, new
plumbing flashings and caps, and other work as required.
This project was first advertised in early 2020 but was put on hold due to the
-advertised to six vendors through the MRSC Small Works
responded out of the six vendors.
BUDGET IMPACT: Project funded through Facilities Lifecycle fund, roof repairs.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Agreement (DOCX)
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5/F/b
PUBLIC WORKS AGREEMENT
between City of Kent and
CHET'S ROOFING & CONSTRUCTION, INC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Chet's Roofing & Construction, Inc, organized under the laws of the State of
th
Washington, located and doing business at 26301 79 AVE S, Kent, WA 98032, Chester T. Chmielinkski,
(253) 887-0194, (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
ruction, Inc shall provide all labor and material to remove and replace
the roof, do siding repair and asbestos removal at the City of Kent Police Station,located at
th
220 4 Ave S, Kent, WA 98032, in accordance with the proposal which is attached and
incorporated as Exhibit A.
The Contractor further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date
of this Agreement, all physical work shall thereafter be completed within 90 working days. The term of this
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
$189,922.50, including any applicable Washington State Sales Tax, for the work and services contemplated
in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the
work described in the invoice that has been completed by the Contractor and approved by the City. The
project.
Card Payment Program. The Contractor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates
in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or
credit card companies. The Contractor shall not charge those fees back to the City.
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PUBLIC WORKS AGREEMENT - 1
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A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount.
B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of
any and all payments made to the Contractor for a period of sixty (60) days after the
date of final acceptance, or until receipt of all necessary releases from the State
Department of Revenue, the State Department of Labor & Industries, and the State
Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the
Contractor within fourteen (14) calendar days of the
Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnished without the
the Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may complete the work by contract or
otherwise, and the Contractor shall be liable to the City for any additional costs
costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
D. Final Payment: Waiver of Claims
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which the
C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained the
City, or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal Revenue
Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the
from the State of Washington.
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PUBLIC WORKS AGREEMENT - 2
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F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION.
include, without limitation, any one or more of the following events:
A.
workers or proper materials for completion of the Contract work.
B.
Agreement.
C.
material or labor.
D.
regulations.
E.
F.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
ertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. The
g the Contract
work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the
Department of Labor and Industries is attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, the Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date
the Contractor knew or should have known of the facts and events giving rise to the requested change. If
the City determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change
order work upon receiving either a written change order from the City or an oral order from the City before
actually receiving the written change order. If the Contractor fails to require a change order within the time
specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the equitable
adjustment, the Contractor must complete the change order work; however, the Contractor may elect to
protest the adjustment as provided in subsections A through E of Section IX, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the
Contractor as provided in this section shall constitute full payment and final settlement of all claims for
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contract time and for direct, indirect and consequential costs, including costs of delays related to any work,
either covered or affected by the change.
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VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government . Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Contractor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor,
IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages,
additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall
be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in
strict accordance with the applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
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4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
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5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall
promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have
known of the defect, or (2) upon the
discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts
shall be usedrebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Contractor shall
pay all costs incurred by the City in order to accomplish the correction.
XII. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation,
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
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PUBLIC WORKS AGREEMENT - 5
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The City's inspection or acceptance of any of the Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials,
employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless,
and the of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court
the fees and
The provisions of this section shall survive the expiration or termination of this Agreement.
XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to
materials, tools, or other articles used or held for use in connection with the work.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XIII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
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the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
PUBLIC WORKS AGREEMENT - 6
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certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the
Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Contractor
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I, the
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
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to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR: CITY OF KENT:
By: By:
Print Name: Print Name: Dana Ralph
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Chester T. Chmielinski Diana Lazouski
CHET'S ROOFING & CONSTRUCTION, INC
th
City of Kent
26301 79 Ave S
220 Fourth Avenue South
Kent, WA 98032
Kent, WA 98032
(253) 887-0194(telephone)
(253) 856-5083(telephone)
(253) 854-4516(facsimile)
(253) 856-6080(facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1.I have read the attached City of Kent administrative policy number 1.2.
2.During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3.During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4.During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5.Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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EEO COMPLIANCE DOCUMENTS - 1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state
laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal
employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1.Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2.Actively consider for promotion and advancement available minorities and women.
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1.Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
policy.
2.Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
!
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
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BIDDER RESPONSIBILITY CRITERIA
Certification of Compliance with Wage Payment Statutes
This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City
before the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date (Insert Date
of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding
citation and notice of assessment issued by the Department of Labor and Industries or through a
civil judgment entered by a court of limited or general jurisdiction.
I certify under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
Insert Bidder's Business Name
By: __________________________________________
Signature of Authorized Official*
Printed Name: _________________________________
Title: ________________________________________
Date: ________________________________________
City and State: _________________________________
*If a corporation, proposal must be executed in the corporate name by the president or vice-
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
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5/G
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: First Addendum to Lease with Half Lion Public House, LLC at
the Riverbend Golf Complex - Authorize
MOTION: I move to authorize the Mayor to execute the first addendum to
the Retail Lease with Half Lion Public House, LLC at the Riverbend Golf
Complex, as presented by staff, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
SUMMARY: COVID-19 has, and continues to have, profound affects on local
businesses, specifically those in the food and beverage industry. Since March 11,
2020, the State of Washington has imposed very strict regulations when it comes to
holding large events, social gatherings, and indoor dining; up to and including
income.
Together, City staff and Half Lion Public House have negotiated an amendment to
addressed a few emerging, non-COVID related items.
BUDGET IMPACT: Loss to the Golf fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Half_ Lion_ Lease-Addendum_1 (DOCX)
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RIVERBEND GOLF COMPLEX
FIRST ADDENDUM TO RETAIL LEASE
THIS FIRST ADDENDUM is made to the RETAIL LEASE by and between the city of
and Half Lion Public House, L.L.C., d/b/a Half Lion Public House, a Washington limited
liability corporation (hereinaftcertain real property
and improvements at the Riverbend Clubhouse, located at 2019 W. Meeker St., Kent,
Washington, 98032.
This First Addendum alters the terms of the Retail Lease entered into between
Landlord and Tenant on or about February 22, 2019 .
I. RECITALS
1.1 -
05, proclaiming a State of Emergency for all counties throughout the state of
Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the
United States. On March 23, 2020, the Governor issued a - Stay Healthy
order through Proclamation 20-25, which generally prohibited all people in
Washington State from leaving their homes, except for essential activities, prohibited
all public and private gatherings, and mandated closure of all non-essential
businesses, including golf courses and associated bars and restaurants.
1.2 On May 4, 2020, the Governor issued Proclamation 20-25.3, which
Stay Healthy,
which included a plan for a county-by-county phased reopening. This Proclamation,
together with all subsequent amendments and iteration
Home -by-County Phased Reopening, are hereinafter referred
. The lan provided for
four phases of reopening, each with specific restrictions on businesses and public
gatherings that affected the operations of the Riverbend Clubhouse. Only Phases 2
through 4 allowed bars and restaurants to operate dine-in services, and some of
those phases had specific requirements and significant restrictions on dining and
levels of service.
1.3 However, on November 15, 2020, due to a large surge of new cases of
COVID-19, increased hospitalizations, and ongoing COVID-19 related deaths in
Washington State, the Governor issued Proclamation 20-25.8, which rolled-back the
county-by-county phased reopening and closed all indoor dine-in service and limited
outdoor dining.
1.4 During 2020, indoor dining was completely prohibited in the months of
March through May, and golf courses were not permitted to operate until May.
Although golf course operations were allowed, indoor dining was only permitted, on
a reduced basis, beginning in June of 2020. Between June and October, indoor dining
was permitted at 25% capacity, with reduced hours and table size limits. Between
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November of 2020 and January of 2021, indoor dining was again completely
prohibited.
1.5 On January 11, 2021, the Governor issued Proclamation 20-25.12,
Under Phase 1, indoor dining was prohibited and limited outdoor dining was
permitted, with restrictions. Shortly thereafter, on February 1, 2021, King County
moved into Phase 2 of the Roadmap to Recovery, which allowed indoor dining at 25%
capacity, but with restricted hours, table size limits, and other safety precautions. On
March 22, 2021, King County moved into Phase 3, which increased indoor dining to
50% capacity or 400 people, whichever capacity is less. As of June 30, 2021, bars
and restaurants were permitted to return to normal capacity and operations without
restriction.
1.6 During the times in which Tenant was permitted to operate the
restaurant at reduced capacity, additional limitations and challenges on its operations
included:
Limited operating hours;
Table limits;
Household limits per table;
Required limits on customer alcohol consumption;
Number of times a table can be turned;
Inability to use bar areas;
Forced single use menus or other electronic menu apps/QR codes;
Forced administrative burdens, including contact tracing, address
collection, plan development;
Delays and additional cost in product or food manufacturing or
delivery;
Consumer fears and behaviors, including lag when changing phases;
Constantly changing start up and shut down costs;
Indirect impact to employees, such as issues with day care,
unemployment, etc.;
Increased cleaning protocols and mandates;
Restrictions on live entertainment or gathering in general;
Loss of customers due to other restrictions (no sports at Hogan Field,
no events at ShoWare, etc.);
Space limitations due to capacity of restaurant and need to maintain
social distancing;
Increased cost for packaging and presenting food differently;
Inability to buy bulk or discounted supplies/food due to decreased
capacity;
Costs of social distancing protections on site, including outdoor tents,
outdoor heaters, dividers, etc.; and
High cost of food delivery services to both the restaurant and
consumer.
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1.7 Landlord believes the benefit of having a restaurant on-site at the golf
course -term viability. It is clear
from golfer surveys that the continued operation of the restaurant is a significant
golf course.
Currently, there is no competitive market for restaurant/bar leases due to
unprecedented business closures brought on by the catastrophic and immediate
revenue losses experienced by the food service industry due to COVID-19. Should
usiness within the golf course no longer remain viable, the ability of
Landlord to replace Tenant in a commercially reasonable timeframe is unlikely. As
such, Landlord believes it is in its best interests to reasonably help Tenant, an
established entity within the region, maintain a viable restaurant business at
Riverbend as indoor dining returns to normal capacity and operations.
1.8 It is clear from discussions between Landlord and Tenant that Tenant
has experienced significant financial burdens operating the restaurant as a direct
result from the operational limitations imposed by the State to address the COVID-
obligations to Landlord pursuant to the Retail Lease that any continued operation of
the restaurant by Tenant may not be sustainable.
1.9 In consideration of the unprecedented restrictions on service provided
at the Riverbend Clubhouse, and the waiver of potential legal avenues Tenant may
have been able to explore to rescind or terminate the Retail Lease due to the
occurrence of the COVID-19 pandemic, Landlord and Tenant have agreed that the
Retail Lease will continue through its remaining term, subject to the terms and
provisions in this First Addendum.
II. ADDENDUM
For the reasons stated above, the Landlord and Tenant agree and covenant that the
following provisions shall govern and supersede any contradictory terms of the Retail
Lease:
2.1 Monthly Rent Waiver. From March 1, 2020 and until August 31, 2021
, Monthly Rent in the amount of $3,000 shall be waived, and
Tenant shall not be assessed any late charges on Monthly Rent. Tenant shall be
responsible for 100% of all leasehold excise tax accrued up to the effective date of
this First Addendum, as well as that which will become due going forward. During the
Rent Waiver Period, leasehold excise tax shall be based on the $3,000 Monthly Rent.
Tenant shall pay the total past due leasehold excise tax to the City either in a lump
sum within 30 days following the effective date of this First Addendum, or may elect
to pay the total past due amount in equal monthly installments along with current
monthly payments. Such past due amounts shall not be subject to any late charges.
Provided, however, if Tenant elects to pay in monthly installments, the total amount
past due when this First Addendum becomes effective shall be paid in full no later
than March 1, 2022, and if Tenant fails to pay such amounts in full by this date, late
charges shall begin to accrue on any remaining past due amounts thereafter.
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ollowing the Rent Waiver Period shall be made
on September 1, 2021. Tenant shall pay 100% of the Monthly Rent and leasehold
excise tax, and the parties shall fully comply with all other provisions of the Retail
Lease consistent with this First Addendum. The amount of Monthly Rent due at the
end of the Rent Waiver Period shall be that amount reflected within Exhibit E, as
amended by this First Addendum.
While the City believes its waiver of Monthly Rent and basis for calculating ongoing
leasehold excise tax amounts during the Rent Waiver Period are permissible, Tenant
shall be ultimately responsible for any leasehold excise tax that the State deems to
be due based on the Retail Lease and this First Addendum, including any assessed
penalties, interest, and late fees.
2.2 Payment of Utilities.
A. 2020-2021 Zero Occupancy Months. During the months in which
indoor dining was prohibited, operation of its golf course represented the
large majority of
minimal utilities during these months, Tenant shall pay 13.5% of the utility charges
for the months of March, April, and May of 2020, and 12% of the utility charges for
the months of November and December of 2020 and January 2021.
B. Utility Usage Audit. Landlord and Tenant conducted a utility usage
audit. As a result of that audit, starting June 1, 2020, Tenant shall be responsible for
40% of all utility charges. As a result, for the months of June 2020 through October
2020, and February 2021 and each month thereafter, Tenant shall pay 40% of the
utility charges. Landlord and Tenant agree to conduct another utility audit for the
year 2021. Following the 2021 audit, utility consumption may be audited for potential
adjustment upon mutual agreement of the parties.
C. Payment of Past Due Utilities. Tenant has experienced significant
financial burdens operating the restaurant as a direct result from the operational
limitations imposed by the State to address the COVID-19 outbreak. Due to these
operational limitations, Tenant has been unable to pay its share of the utility charges.
In consideration of its strong desire to retain Tenant as the operator of the golf course
restaurant, to ensure that the community retains a successful golf course venue, and
in recognition of lingness to operate as best as possible during such
challenging economic times consistent with public health guidelines, Landlord agrees
to a five (5) year payback plan for all past due utility charges in the estimated
principal amount of $35,355. At the time this First Addendum was executed, the
actual utility charges for the months of July and August of 2021 were not yet known.
As such, utility charges for those two months were estimated. Tenant agrees to pay
all outstanding utility charges without penalty, consistent with this First Addendum,
within five (5) years of September 1, 2021, with such past due charges incurring 8%
interest per annum. Tenant shall pay a minimum of $717.00 per month toward these
past due charges, which amount may be adjusted once the actual utility charges for
the months of July and August of 2021 become known in order to ensure that all
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outstanding utility charges are paid in full within five (5) years of September 1, 2021.
Tenant shall not incur any prepayment penalty or other charge for paying the total
past due utility charges prior to end of this five (5) year term. Landlord shall keep a
separate accounting of all such payments. A preliminary amortization schedule is
attached and incorporated as Exhibit F, however, this preliminary amortization
schedule will be updated to reflect the actual utility charges for July 2021 and August
2021 once known. Once the amortization schedule is updated and finalized, it shall
replace the preliminary version attached as Exhibit F and become a part of this First
Addendum. Landlord will provide an updated amortization schedule no later than 30
days from August 30, 2021, due to the lag time in utility billing from providers.
2.3 Annual Rent Increase Schedule Suspension. Exhibit E to the Retail
Lease is amended and replaced with that version attached and incorporated to this
First Addendum. As provided therein, annual rent increases shall begin on June 6,
2023.
2.4 Additional Premises. Landlord grants Tenant a revocable license to
use ten (10) dedicated parking stalls, the location of which is as depicted in the
attached and incorporated Exhibit A-1. Design, purchase, installation, and
maintenance of the signage for these dedicated parking stalls shall be the
responsibility of Tenant, upon advance notice to and acceptance by the Landlord of
and location, which acceptance shall
not be unreasonably withheld, conditioned or delayed.
Landlord shall also provide approximately 85 square feet of additional space and
small storage at the Riverbend Driving Range, as generally depicted in the attached
and incorporated Exhibit A-2, for the purpose of providing limited food and beverage
service to driving range customers. This space shall be considered part of the
Premises, as defined in the Retail Lease.
2.5 Further Considerations. Due to the unprecedented nature of the
COVID-19 pandemic, current and potential limitations on restaurant operations, the
parties agree to negotiate in good faith if current government restrictions on
restaurant operations continue, if additional restrictions are placed on restaurant
operations, or if Tenant receives financial relief from federal, state, county, or local
government COVID-19 relief programs. Toward that end, Tenant agrees to apply for
available COVID-19 relief funds that may be available at the federal, state, or local
level and to advise the City of any relief funds awarded to Tenant.
2.6 City Administration of Lease. The City of Kent Mayor or Parks
Director (or their designee) shall have all authority necessary to carry out the terms
of the Retail Lease, including the terms of this First Addendum, and to make general
operating decisions concerning the Riverbend Golf Course, the Clubhouse, and
in accordance with the terms of the Retail Lease.
Excluding significant amendments to the Retail Lease that affect its Term or Monthly
Rent, the authority of the Parks Director or designee shall include the ability to
execute on behalf of the Landlord any mutually agreed upon additional amendments
or addendums to the Retail Lease necessary to ensure the continued operation of the
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Riverbend Clubhouse, provided the City Council is informed of the execution of such
amendments or addendums as soon as reasonably possible.
2.7 Ratification. All acts consistent with the authority of this First
Addendum and prior to its effective date are ratified and affirmed.
2.8 Remaining Provisions. Except as specifically addressed by this First
Addendum, all remaining provisions of the Retail Lease shall remain in full force and
effect. If any terms or provisions of this First Addendum conflict with those of the
Retail Lease, the terms and provisions of this First Addendum shall control.
2.9 Authority. The parties whose names appear below swear and affirm
that they are authorized to enter into this First Addendum, which is binding on the
parties of the Retail Lease and shall become effective on the last date written below.
HALF LION PUBLIC HOUSE, LLC: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(title) (title)
DATE: DATE:
Approved as to Form:
Attest:
Kent City Clerk
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EXHIBIT A-1 (NEW)
VISUAL REPRESENTATION OF PREMISES - PARKING SPACES AT THE
CHAMPIONSHIP 18 GOLF COURSE
!
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EXHIBIT A-2 (NEW):
VISUAL REPRESENTATION OF PREMISES SPACE AT THE DRIVING RANGE
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EXHIBIT E (REVISED):
ANNUAL RENT INCREASE SCHEDULE
Rent Formula = Monthly Base Rent + 12.84% Leasehold Tax = Total Monthly Base Rent
In addition to total base monthly rent, Tenant will submit reinbursement for identified portion of utility consumption (per 6.0)
Minimum of 3.0% CPI Inflation/Growth each year based on Commencement Date.
GJSTU!UFO!ZFBS!UFSN!)312:.3139*BOOVBM!CBTF!SFOUNPOUIBOOVBM
Year 1$3,00012.84%$3,385$36,000$ Increase from Prior Year--
Year 2*$3,00012.84%$3,385$36,000$ Increase from Prior Year$0$0
Year 3*$3,00012.84%$3,385$36,000$ Increase from Prior Year$0$0
Year 4*$3,00012.84%$3,385$36,000$ Increase from Prior Year$0$0
Year 5$3,09012.84%$3,487$37,080$ Increase from Prior Year$90$1,080
Year 6$3,18312.84%$3,591$38,192$ Increase from Prior Year$93$1,112
Year 7$3,27812.84%$3,699$39,338$ Increase from Prior Year$95$1,146
Year 8$3,37712.84%$3,810$40,518$ Increase from Prior Year$98$1,180
Year 9$3,47812.84%$3,924$41,734$ Increase from Prior Year$101$1,216
Year 10$3,58212.84%$4,042$42,986$ Increase from Prior Year$104$1,252
GJSTU!6.ZFBS!PQUJPO!UP!FYUFOE!)313:.3144*BOOVBM!CBTF!SFOUNPOUIBOOVBM
Note: Base rent subject to change beyond 3% minimum (max of 6%) - due to market demand/value.
Year 11$3,69012.84%$4,163$44,275$ Increase from Prior Year$107$1,290
Year 12$3,80012.84%$4,288$45,604$ Increase from Prior Year$111$1,328
Year 13$3,91412.84%$4,417$46,972$ Increase from Prior Year$114$1,368
Year 14$4,03212.84%$4,549$48,381$ Increase from Prior Year$117$1,409
Year 15$4,15312.84%$4,686$49,832$ Increase from Prior Year$121$1,451
TFDPOE!6.ZFBS!PQUJPO!UP!FYUFOE!)3145.3149*BOOVBM!CBTF!SFOUNPOUIBOOVBM
Note: Base rent subject to change beyond 3% minimum (max of 10%) - due to market demand/value.
Year 16$4,27712.84%$4,826$51,327$ Increase from Prior Year$125$1,495
Year 17$4,40612.84%$4,971$52,867$ Increase from Prior Year$128$1,540
Year 18$4,53812.84%$5,120$54,453$ Increase from Prior Year$132$1,586
Year 19$4,67412.84%$5,274$56,087$ Increase from Prior Year$136$1,634
Year 20$4,81412.84%$5,432$57,769$ Increase from Prior Year$140$1,683
UIJSE!6.ZFBS!PQUJPO!UP!FYUFOE!)314:.3154*BOOVBM!CBTF!SFOUNPOUIBOOVBM
Note: Base rent subject to change beyond 3% minimum (max of 13%) - due to market demand/value.
Year 21$4,95912.84%$5,595$59,503$ Increase from Prior Year$144$1,733
Year 22$5,10712.84%$5,763$61,288$ Increase from Prior Year$149$1,785
Year 23$5,26112.84%$5,936$63,126$ Increase from Prior Year$153$1,839
Year 24$5,41812.84%$6,114$65,020$ Increase from Prior Year$158$1,894
Year 25$5,58112.84%$6,297$66,971$ Increase from Prior Year$163$1,951
*Years 1-4 are modified to reflect no CPI until 2023, per lease amendment No. 1.
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EXHIBIT F (NEW):
PRELIMINARY AMORTIZATION PAYMENT SCHEDULE ON UTILITY PAY BACK
*Subject to change when final July 2021 and August 2021 utilities are finalized and
invoiced.
Loan InfoLoan Summary
Loan Amount 35,355 Scheduled Payment 717
Annual Interest rate8.00%Number of scheduled payments 60
Term5
Number of Payments/Yr12Total Early Payments -
Start date9/1/2021Total Interest 7,657
Schedule
Payment Beginning d Extra Total Ending
Pmt No.Date Balance Payment Paymt Payment Principal Interest Balance
110/1/2021 35,355 717 - 717 481 236 34,874
211/1/2021 34,874 717 - 717 484 232 34,390
312/1/2021 34,390 717 - 717 488 229 33,902
41/1/2022 33,902 717 - 717 491 226 33,411
52/1/2022 33,411 717 - 717 494 223 32,917
63/1/2022 32,917 717 - 717 497 219 32,420
74/1/2022 32,420 717 - 717 501 216 31,919
85/1/2022 31,919 717 - 717 504 213 31,415
96/1/2022 31,415 717 - 717 507 209 30,907
107/1/2022 30,907 717 - 717 511 206 30,396
118/1/2022 30,396 717 - 717 514 203 29,882
129/1/2022 29,882 717 - 717 518 199 29,365
1310/1/2022 29,365 717 - 717 521 196 28,843
1411/1/2022 28,843 717 - 717 525 192 28,319
1512/1/2022 28,319 717 - 717 528 189 27,791
161/1/2023 27,791 717 - 717 532 185 27,259
172/1/2023 27,259 717 - 717 535 182 26,724
183/1/2023 26,724 717 - 717 539 178 26,185
194/1/2023 26,185 717 - 717 542 175 25,643
205/1/2023 25,643 717 - 717 546 171 25,097
216/1/2023 25,097 717 - 717 550 167 24,548
227/1/2023 24,548 717 - 717 553 164 23,994
238/1/2023 23,994 717 - 717 557 160 23,437
249/1/2023 23,437 717 - 717 561 156 22,877
2510/1/2023 22,877 717 - 717 564 153 22,312
2611/1/2023 22,312 717 - 717 568 149 21,744
2712/1/2023 21,744 717 - 717 572 145 21,172
281/1/2024 21,172 717 - 717 576 141 20,597
292/1/2024 20,597 717 - 717 580 137 20,017
303/1/2024 20,017 717 - 717 583 133 19,434
314/1/2024 19,434 717 - 717 587 130 18,846
325/1/2024 18,846 717 - 717 591 126 18,255
336/1/2024 18,255 717 - 717 595 122 17,660
347/1/2024 17,660 717 - 717 599 118 17,061
358/1/2024 17,061 717 - 717 603 114 16,458
369/1/2024 16,458 717 - 717 607 110 15,851
3710/1/2024 15,851 717 - 717 611 106 15,239
3811/1/2024 15,239 717 - 717 615 102 14,624
3912/1/2024 14,624 717 - 717 619 97 14,005
401/1/2025 14,005 717 - 717 624 93 13,381
412/1/2025 13,381 717 - 717 628 89 12,753
423/1/2025 12,753 717 - 717 632 85 12,122
434/1/2025 12,122 717 - 717 636 81 11,486
445/1/2025 11,486 717 - 717 640 77 10,845
456/1/2025 10,845 717 - 717 645 72 10,201
467/1/2025 10,201 717 - 717 649 68 9,552
478/1/2025 9,552 717 - 717 653 64 8,899
489/1/2025 8,899 717 - 717 658 59 8,241
4910/1/2025 8,241 717 - 717 662 55 7,579
5011/1/2025 7,579 717 - 717 666 51 6,913
5112/1/2025 6,913 717 - 717 671 46 6,242
521/1/2026 6,242 717 - 717 675 42 5,567
532/1/2026 5,567 717 - 717 680 37 4,887
543/1/2026 4,887 717 - 717 684 33 4,203
554/1/2026 4,203 717 - 717 689 28 3,514
565/1/2026 3,514 717 - 717 693 23 2,820
576/1/2026 2,820 717 - 717 698 19 2,122
587/1/2026 2,122 717 - 717 703 14 1,420
598/1/2026 1,420 717 - 717 707 9 712
609/1/2026 712 717 - 717 712 5 -
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PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRO
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Supplemental Parks Property Levy Agreement - Authorize
MOTION: I move to authorize the Mayor to sign a supplemental property
tax levy agreement with King County, and receive funds in the amount of
$1,440,000, to help fund improvements to the Green River Trail, subject to
final terms and conditions acceptable to the City Attorney and Parks
Director.
SUMMARY: On August 6, 2019, the King County voters approved Proposition No. 1
Parks Levy that authorized an additional six-year (2020-2025) property tax levy for
specified park purposes, including the improvement of parks, development of
regional trails, and enhancement of recreation, access, and mobility in King County.
This supplemental agreement authorizes and facilitates reimbursement of additional
funds by King County to the City of Kent Parks Department, to assist with funding
construction of a segment of the Green River Trail.
The County will reimburse the City for costs and expenses identified in Exhibit 1
li
Foster Park.
BUDGET IMPACT: Revenue and expense impact to the King County Levy
2020-2025 capital budget.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PK-Supplemental Parks Levy Agmt-EXHIBIT (PDF)
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SUPPLEMENTAL PARKS PROPERTY TAX LEVY AGREEMENT
between the
Parks and Recreation of the King County Department of Natural Resources and Parks
and the
City of Kent
This AGREEMENT (“Agreement”) is made and entered by and between King County, a home
rule charter county, through the Parks and Recreation Division of the Department of Natural
Resources and Parks, (hereinafter the "County" or “King County”) and the City of Kent (the
“City”), a non-charter code city and municipal corporation organized pursuant to RCW Title 35A.
The County and the City are singularly referred to as a “Party” and collectively referred to as the
“Parties”.
RECITALS
A. On August 6, 2019, the King County voters approved Proposition No. 1 Parks Levy that
authorized an additional six-year (2020-2025) property tax levy for specified park purposes,
including the improvement of parks, development of regional trails, and enhancement of
recreation, access, and mobility in King County.
B. On February 10, 2021, the Parties executed a Parks Property Tax Levy Agreement (“Levy
Agreement”) to establish the terms and conditions governing the distribution of levy
proceeds, identified in King County Ordinance 18890, to the cities and towns of King
County, Washington.
C. King County is a home rule charter county that, among other things, provides regional and
rural parks, recreation, and sports facilities for public use. RCW 36.89.030 authorizes King
County to establish, acquire, develop, construct, and improve open space, park, recreation,
and community facilities, including bicycle trails and bridal paths.
D. The City is a non-charter code city and municipal corporation organized pursuant to RCW
Title 35A, with all of the applicable rights, powers, privileges, duties, and obligations of a
non-charter code city as established by law.
E. The City supports the development of public recreational facilities and desires to enhance
trail connections between the southerly intersection of the Green River Trail and the
rdth
Interurban Trail with the intersection of 3 Avenue South 259 Street.
F. RCW 36.89.050 authorizes King County to participate with other local governments in the
financing, acquisition, construction, development, improvement, use, maintenance and
operation of open space, park, recreation, and community facilities.
G. Under King County Code, Section 2.16.045.E.1, the duties of King County include
providing active recreation facilities by facilitatingagreements with other jurisdictions and
entities.
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2020-2025 Parks Levy City of Kent
Supplemental Agreement Green River Trail
H. The Parties intend by this Agreement to establish their respective rights, roles, and
responsibilities regarding the allocated money.
NOW, THEREFORE, in consideration of the promises and commitments made herein, the
County and the City agree as follows:
AGREEMENT
1. PARTIES. The Parties to this Agreement are the County andthe City. There are no other
Parties and no third-party beneficiaries. The Parties' representatives are identified below.
All communication, notices, coordination, and other aspects of this Agreement shall be
managed by the Parties' representatives. Either Party may change or substitute its
representative at any time during the term of this Agreement by providing written notice to
the other Party.
King County's representative is: The City’s representative is:
Heidi Kandathil, Spec. Projects Mgr. Terry Jungman, Park Planning and Dev. Mgr.
Parks and Recreation Division City of Kent
201 South Jackson Street, #500 220 Fourth Avenue South
Seattle, WA 98104-3855 Kent, WA 98032
Mailstop – KSC-NR-5207
Heidi.Kandathil@kingcounty.gov TJungman@KentWA.gov
(206) 263-1032 (253) 856-5112
2. TERM. Unless amended pursuant to Section 20, or unless terminated as provided herein,
the term of this Agreement shall commence on the date it is fully executed, and end upon
the earlier of the conclusion of the project identified in Exhibit 1 or December 31, 2025.
Once this Agreement is authorized and signed, amendments to the term of this Agreement
or the proposed schedule, tasks, and deliverables provided for in Exhibit 1 may be approved
by the City’s Mayor and the Director of the County’s Parks and Recreation Division without
further authorization from the Kent City Council or the Metropolitan King County Council.
Amendments to the funding provided for through this Agreement shall be authorized as
each public agency’s municipal code may require.
3. CONSIDERATION.
A. The County will reimburse the City, with the allocated levy funds, for costs and
expensesidentified in Exhibit 1 and incurred by the City, up to One-Million-Four-
Hundred-Forty-Thousand Dollars ($1,440,000).
B. Invoices. The City will submit written invoices to the County, sent no more frequent
than monthly, which shall be paid by the County within thirty (30) days of receipt.
Invoices will be submitted to the County representative at the address specified in
Section 1 of this Agreement.
C. Reporting. On or before April 1 each year this Agreement is in effect, the City will
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provide the County’s representative, identified in Section 1, with a written report
detailing the use of the allocated levyfunds in the prior year.
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2020-2025 Parks Levy City of Kent
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4. USE OF FUNDS.All funds remitted hereunder to the City shall be used only and solely
for the purpose of reimbursingexpenses incurred by the City for those activities identified
in Exhibit 1.
5. METROPOLITAN KING COUNTY COUNCIL APPROPRIATION CONTINGENCY.
The County’s performance under this Agreement beyond the 2021-2022 appropriation
biennium is contingent on the future appropriation by the Metropolitan King County
Council of sufficient funds to carry out the performance contemplated herein. Should such
sufficient funding not be approved, as determined by the County in its sole discretion, this
Agreement shall terminate on December 31 of the then-applicable biennium for which
sufficient funding has been appropriated.
6. DISPUTE RESOLUTION. In the event any dispute regarding this Agreement cannot be
resolved by informal methods, then prior to commencing litigation or taking any
administrative action, the aggrieved Party shall notify the other in writing of the particulars
of the grievance, and the other Party shall reply in writing within ten (10) working days,
setting forth its position and stating what, if any, action it will take with respect to the
grievance. The aggrieved Party shall respond in writing, indicating its satisfaction or
dissatisfaction, as the case may be; in the event the aggrieved Party is dissatisfied, the Parties
shall then meet in person and confer in good faith to resolve their differences before
litigation is commenced.
6. ANTI-DISCRIMINATION. In all hiring or employment made possible or resulting from
this Agreement, there shall be no discrimination against any employee or applicant for
employment because of sex, race, color, marital status, national origin, religious affiliation,
disability, sexual orientation, gender identity or expression, age or retirement provisions,
unless based upon a bonafide occupational qualification. This requirement shall apply to
but not be limited to the following: employment, advertising, lay-off, or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship.
Any violation of this provision shall be considered a violation of a material provision of this
Agreement and shall be grounds for termination or suspension in whole or in part of this
Agreement by King County and may result in ineligibility for further King County
agreements.
7. COMPLIANCE WITH ALL LAWS AND REGULATIONS. The Partiesagree to comply
with all applicable laws, ordinances, and regulations from any and all authorities having
jurisdiction over the activities contemplated in this Agreement.
8. INSURANCE. No insurance certification is required. The City agrees to maintain premises
and vehicle liability insurance in force withcoverages and limits of liability that would
generally be maintained by similarly situated agencies, and workers compensation
insurance as may be required by Washington state statutes. The County will maintain a fully
funded self-insurance program for the protection and handling of its liabilities including
injuries to persons and damage to property.
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9. NO EMPLOYMENT RELATIONSHIP. There is no employment relationship between the
City and King County and neither the City nor its officers, agents, volunteers, employees,
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contractors or subcontractors are employees of the County for any purpose. The City shall
be responsible for all federal and/or state tax, industrial insurance, and Social Security
liability that may result from the performance of and compensation for these services and
shall make no claim of career service or civil service rights which may accrue to a County
employee under state or local law. The County assumes no responsibility for the payment
of any compensation, wages, benefits, or taxes by, or on behalf of the City, its employees,
volunteers, subcontractors, and/or others by reason of this Agreement. The Cityshall
protect, indemnify, and save harmless the King County, its officers, agents, and employees
from and against any and all claims, costs, and/or losses whatsoever occurring or resulting
from the performance of this Agreement.
10. INDEMNIFICATION AND HOLD HARMLESS. The City shall protect, indemnify, and
save harmless the County, its elected and appointed officials, officers, agents, and
employees from and against any and all claims, costs, and/or losses whatsoever occurring
or resulting from (1) the City’s failure to pay any such compensation, wages, benefits, or
taxes, and/or (2) work, services, materials, or supplies negligently performed or provided
by the City employees, volunteers, or other suppliers in connection with or support of the
performance of this Agreement.
The City further agrees that it is financially responsible for and will repay the County all
indicated amounts following an audit exception which occurs due to the negligence,
intentional act, and/or failure, for any reason, to comply with the terms of this Agreement
by the City, its elected officials, officers, employees, volunteers, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of this Agreement.
The City expressly agrees to protect, defend, indemnify, and hold harmless King County,
its elected and appointed officials, officers, employees, and agents from and against liability
for any claims (including all demands, suits, and judgments) for damages arising out of
injury to persons or damage to property where such injury or damage is caused by, arises
out of, or is incident to the scope of activities under this Agreement. The City’s obligations
under this section shall include, but not be limited to:
A. The duty to promptly accept tender of defense and provide defense to the County at
the City’s own expense;
B. Indemnification of claims, including those made by the City’s own employees,
volunteers, and/or agents;
C. The City, by mutual negotiation, expressly waives, as respects King County only, its
statutory immunity under the industrial insurance provisions of Title 51 RCW;
D. In the event the County incurs any judgment, award and/or cost arising from this
Agreement including attorney's fees to enforce the provisions of this article, all such
fees, expenses, and costs shall be recoverable from the City; and
E. The City shall protect, defend, indemnify, and hold harmless King County, its officers,
employees and agents from any and all costs, claims, judgments, and/or awards of
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damages arising out of, or in any way resulting from the performance or non-
performance of the obligations under this Agreement by the City, its volunteers,
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2020-2025 Parks Levy City of Kent
Supplemental Agreement Green River Trail
subcontractors, or the officers, employees, and/or agents of such subcontractors in
connection with or in support of this Agreement.
A hold harmless provision to protect King County similar to this provision shall be included
in all subcontractor agreements entered into by the City in conjunction with this Agreement.
11. ENTIRE AGREEMENT. This Agreement and any and all attachments expressly
incorporated herein by reference and attached hereto shall constitute the whole agreement
between the Parties. It replaces all other negotiations and agreements. There are no terms,
obligations, allowances, covenants, or conditions other than those contained herein.
12. WAIVER. Waiver or breach of any provision of this Agreement shall not be deemed to be
a waiver of any other or subsequent breach and shall not be construed to be a modification
of the terms of the Agreement unless stated to be such through written approval by the
Parties, which shall be attached to the original Agreement.
13. POLICE POWERS. Nothing contained in this Agreement shall be considered to diminish
the governmental or police powers ofthe County.
14. IMPOSSIBILITY. The performance of this Agreement by either Party is subject to acts of
nature, war, government regulation or advisory, disasters, fire, accidents or other casualty,
strikes or threat ofstrikes, civil disorder, acts and/or threats of terrorism, or curtailment of
transportation services or facilities, cost or availability of power, epidemics or public health
emergencies, or similar causes beyond the control of either Party making it illegal,
impossible or impracticable to hold, reschedule, or relocate the activitiesas set forthin
Exhibit 1. Either Party may terminate or suspend its obligations under this Agreement if
such obligations are prevented by any of the above events to the extent such events are
beyond the reasonable control of the Party whose reasonable performance is prevented.
15. NO PARTNERSHIP. Nothing contained herein shall make, or be deemed to make, the
County and the City a partner of one another, and this Agreement shall not be construed as
creating a partnership or joint venture.
16. SINGULAR AND PLURAL. Wherever the context shall so require, the singular shall
include the plural and plural shall include the singular.
17. HEADINGS NOT PART OF AGREEMENT. The headings in this Agreement are for
convenience only and shall not be deemed to expand, limit, or otherwise affect the
substantive terms of this Agreement.
18. GOVERNING LAW. This Agreement is made under and shall be governed by the laws of
the State of Washington.
19. JURISDICTION AND VENUE. King County Superior Court shall have jurisdiction over
any litigation arising under this Agreement, and the venue for any such litigation shall be
the King County Superior Court in Seattle, Washington.
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2020-2025 Parks Levy City of Kent
Supplemental Agreement Green River Trail
20. AMENDMENT. This Agreement may be modified or amended only by a duly authorized
and executed written amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date set
forth below.
KING COUNTY CITY OF KENT
______________________________ ___________________________________
Warren Jimenez, Director Dana Ralph, Mayor
Parks and Recreation Division
______________________ ______________________
Date Date
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EXHIBIT 1 City of Kent
2020-2025 Parks Levy – Supplemental Agreement Green River Trail
King County and City of Kent: Green River Trail South at UPRR Crossing
Scope of Work
02/01/2021 – 03/01/2024
Project Dates:
BACKGROUND & ENGAGEMENT GOALS
The City of Kent is working in partnership with King County Parks and King County Flood Control District
on a series of projects involving the Green River Levee and Trail system otherwise known as the
Milwaukee II Levee. The project location is the missing link of trail between the southerly intersection of
rdth
the Green River Trail and Interurban Trail and the intersection of 3 Avenue and S 259 St.
The project scope will primarily consist of linking the terminus of the Green River Trail at Foster Park
through the Union Pacific Railroad (UPRR) right of way to the planned sections of Green River Trail to be
constructed as part of the Milwaukee II Levee project. A coordinated design effort is already underway
between Parks and Public Works departments in the City of Kent to align the objectives of flood
protection and recreation through a combined project.
Funding through this agreement would be utilized for three distinct phases: preliminary design and
engineering, design and construction drawings, and construction.
Goals of the Project
- Establish a collaborative project team with representation from King County Parks, King County
Flood Control District, City of Kent Parks, and City of Kent Public Works
- Receive acceptance from UPRR on a preferred alternative for crossing their ROW
- Acquire required easements (or other property interests) from the UPRR.
- Develop design documents and construction drawings based on the preferred alternative
- Construct the UPRR crossing of the Green River Trail as part of the Milwaukee II Levee project
Task 1: Preliminary Design and Engineering 02/01/2021 – 12/01/2021
Task Outline:
Budget: $125,000
(Includes project administration and coordination, planning, consultant fees, and personnel hours)
Activities
Park Planning and Development staff will be responsible for project administration and
management through all phases of design and construction
Coordination with internal and external stakeholders, including but not limited to:
o King County Parks
o King County Flood Control District
o City of Kent Public Works Department
o Union Pacific Railroad
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EXHIBIT 1 City of Kent
2020-2025 Parks Levy – Supplemental Agreement Green River Trail
Hire a team of consultants, including but not limited to landscape architect and structural engineer,
that will provide preliminary design, engineering and cost estimation of the preferred alternative
that is accepted by UPRR as an allowable crossing of their ROW
Deliverables
Green River Trail Undercrossing Alternatives Report for the UPRR $16,000
UPRR contract for review and approval $25,000
Preliminary design and engineering with cost estimate $75,000
City of Kent staff time $9,000
Task 2: Design Documents and Construction Drawings 12/01/2021 – 08/01/2022
Task Outline:
Budget: $250,000
(Includes project administration and coordination, planning, consultant fees, and personnel hours)
Activities
Park Planning and Development staff will be responsible for project administration and
management through all phases of design and construction
Based on the selected preferred alternative, consultant team will begin work on full design
documents and construction drawings to incorporate into the Milwaukee II Levee project.
Assuming no performance issues, this will be an amendment to the existing contract for
preliminary design.
Ongoing stakeholder engagement to review and comment on 30/60/90% plans.
Deliverables
30/60/90% design deliverables
100% construction drawings
Task 3: Construction 08/01/2022 – 03/01/2024
Task Outline:
Budget: $1,065,000
(Includes project administration and coordination, planning, consultant fees, personnel hours, and
construction costs)
Activities
Park Planning and Development staff will be responsible for project administration and
management through all phases of design and construction
Construction will be managed by the City of Kent team including both Parks and Public Works staff
as part of the Milwaukee II Levee project
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Construction administration of trail and recreation scope will be managed by Kent Parks staff.
Design consultant team will provide support through construction administration.
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EXHIBIT 1 City of Kent
2020-2025 Parks Levy – Supplemental Agreement Green River Trail
Deliverables
Completed section of Green River Trail connecting Foster Park to the McCoy Levee through the
UPRR ROW.
Total Project Budget
The total budget for this project shall not exceed $1,440,000.
Assumptions
Up to $1,440,000 is the understood amount of funding the City of Kent will receive from the King
County Parks Levy for this effort. It is very unlikely that this funding will be sufficient to fund both
design and construction phases and that supplemental funding for construction will need to be
identified to bring this project to completion.
The total budget for this project will be established once the preferred alternative is selected
through the UPRR and a design consultant is able to work through early design phases. This
information will be communicated to King County Parks throughout the process.
The schedule shown in the tasks above is an approximation or “best guess” as to the timeline of the
project. There are many variables that could cause this timeline to extend further, including but not
limited to: UPRR approval, funding constraints, floodway review, tribal review, permitting, etc.
There will be periodic check-ins with the stakeholder group to review schedule and it is anticipated
that this agreement may need to be extended in the case of major delays.
Representatives of the UPRR have stated that obtaining approval and property interests for the
levee and trail improvements across their right-of-way will be treated as separate process by the
UPRR.
City Staff will approach the UPRR approval processes as a single process wherever possible.
However, If approval for the trail connection through UPRR right-of-way can be obtained ahead of
the overall Milwaukee II levee improvements, this portion of the work will be bid and constructed
ahead of the larger project.
Project Contacts
King County Parks City of Kent –Parks
Heidi Kandathil Terry Jungman
Special Projects Manager Park Planning and Development Manager
(206) 263-1032 253-856-5112
Heidi.Kandathil@kingcounty.gov tjungman@kentwa.gov
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POLICE DEPARTMENT
Rafael Padilla, Police Chief
220 Fourth Avenue South
Kent, WA 98032
253-852-2121
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Interagency Agreement with the Washington Traffic Safety
Commission for 2021-2022 Walker/Roller Safety Program
Pacific Highway South - Authorize
MOTION: I move to authorize the Mayor to sign the 2021-2022 Pacific
Highway South (SR Hwy 99) Walker and Roller Safety Program grant in the
amount of $117,968, amend the budget, and authorize expenditure of the
grant funds, subject to final grant terms and conditions acceptable to the
Police Chief and City Attorney.
SUMMARY: The Kent Police Department houses the Target Zero Manager for South
King County whose salary and benefits are 50% funded by the Washington Traffic
Safety Commission to coordinate Target Zero traffic safety work across King County
and for the King County Target Zero Task Force. In the spring of 2021, the King
County Target Zero Task Force analyzed pedestrian and bicycle data, which showed
a high number of serious injury and fatal crashes along Pacific Highway South from
Federal Way north to Burien.
The King County Target Zero Task Force applied for grant funds from the
Washington Traffic Safety Commission to coordinate enforcement, walker/roller
education and outreach with an emphasis on diverse populations, and to develop a
walker/roller training curriculum for law enforcement to reduce the number of
serious injury/fatal crashes along this long stretch of roadway. The Kent Police
Department will serve as the fiscal agent and the Target Zero Manager will
coordinate this work in partnership with the North King County Target Zero
Manager. Funding for this program will begin October 1, 2021 and run through
September 30, 2022.
BUDGET IMPACT: Unanticipated revenue and expense.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
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ATTACHMENTS:
1. Interagency Agreement-2022-AG-4301-Pacific Highway (SR 99) South
Walker and Roller Safety Program (PDF)
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PUBLIC WORKS DEPARTMENT
Chad Bieren, P.E.
220 Fourth Avenue South
Kent, WA 98032
253-856-5600
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Downey Side Channel Restoration RCO Grant Resolution
Adopt
MOTION: I m
application for Grant #20-1067 to the Washington Recreation and
Conservation Office to assist with funding for completion of the Downey
Side Channel Restoration Project.
SUMMARY: The Downey Farmstead Side Channel Restoration Project (Project) will
construct a multi-stem 2,000 linear foot side channel tributary to the Green River to
provide rearing and refuge habitat for threatened Chinook and other salmon species
and will provide approximately 130 acre-feet of floodplain storage to reduce flood
risk in the area.
To date, the Project has relocated utilities, cleared and grubbed the former tree
farm, excavated roughly 152,000 cubic yards of material, installed six habitat
structures, installed roughly 10,000 native plants with city crews, relocated 2,100
linear feet of Frager Road, and constructed a separate pedestrian/cyclist trail.
Construction of Phase 4 was recently completed in 2021. The final phase of work is
anticipated to begin early summer 2022.
Under the provisions of the Salmon Recovery Act, the City is requesting state grant
assistance administered by the Washington State Recreation and Conservation
Office (RCO) to aid in financing the Project. The RCO, which administers the Salmon
Recovery Funding Board grants for the state, requires that an authorization
resolution be signed before a project agreement can be finalized. This resolution
provides the required authorization to the RCO for future grant agreements. This
grant will support the completion of the Downey Side Channel Restoration project.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
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Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Downey Application Resolution+Authorization (PDF)
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RESOLUTION NO. 2031
A RESOLUTION of the City Council of the
City of Kent, Washington, that: (1) authorizes the
submission of applications for grant funding
assistance through the Recreation and Conservation
Office as provided for in Chapter 77.85 of the
Revised Code of Washington, and Chapter 420 of the
Washington Administrative Code and other
applicable authorities; and (2) identifies the Public
Works Director and/or Mayor as the City's
authorized representatives for purposes of securing
the grant and binding the City to the grant's terms
and conditions.
RECITALS
A. The City of Kent is working on the Downey Farmstead Side
Channel Restoration Phase II, number 20-1067, as part of the Downey Side
Channel salmon habitat restoration project.
B. The City of Kent considers it in the best public interest to
complete the projects described in the applications and to seek grant
assistance through the Recreation and Conservation Office to aid in financing
the cost of those projects.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
1
Recreation & Conservation Office Grants
20-1067 Downey Farmstead Side Channel II
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RESOLUTION
SECTION 1. – Intent to Apply. The City has applied for or intends to
apply for funding assistance managed by the Washington Recreation and
Conservation Office (“Office”) for the Downey Farmstead Side Channel
Restoration Phase II, number 20-1067, as part of the Downey Side Channel
salmon habitat restoration project (“Project”).
SECTION 2. – Authorized Representative. The City authorizes the
following person or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following
documents binding the City on the above projects:
Name of Signatory or Title of
Grant Document
Person Authorized to Sign
Grant application (submission thereof) Melissa Dahl, Environmental Engineer II
Project contact (day-to-day administering of Melissa Dahl, Environmental Engineer II
the grant and communicating with the RCO)
Office Grant Agreement (Agreement)Dana Ralph, Mayor
Agreement amendments Dana Ralph, Mayor
Authorizing property and real estate Dana Ralph, Mayor
documents (Notice of Grant, Deed of Right or
Assignment of Rights if applicable). These are
items that are typical recorded on the property
with the county.
The above persons are considered an “authorized
representative(s)/agent(s)” for purposes of the documents indicated. The
City shall comply with a request from the Office to provide documentation of
persons who may be authorized to execute documents related to the grant.
SECTION 3. – Grant Agreement. The City has reviewed the sample
Grant Agreement on the Office’s website at: https://rco.wa.gov/wp-
content/uploads/2019/06/SampleProjAgreement.pdf. The City understands
and acknowledges that if offered an agreement to sign in the future, it will
2
Recreation & Conservation Office Grants
20-1067 Downey Farmstead Side Channel II
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contain an indemnification and legal venue stipulation and other terms and
conditions substantially in the form contained in the sample Agreement and
that such terms and conditions of any signed Agreement shall be legally
binding on the sponsor if the representative/agent enters into an Agreement
on the City’s behalf. The Office reserves the right to revise the Agreement
prior to execution.
SECTION 4. – Legal Authority. The City acknowledges and warrants,
after conferring with its legal counsel, that its authorized
representative(s)/agent(s) identified above have full legal authority to act and
sign on behalf of the City for their assigned role/document.
SECTION 5. – Contingent Funding. Grant assistance is contingent on
a signed agreement. Entering into any agreement with the Office is purely
voluntary on the City’s part.
SECTION 6. – Varying Policies and Requirements. The City
understands that grant policies and requirements vary depending on the
grant program applied to, the grant program and source of funding in the
agreement, the characteristics of the project, and the characteristics of the
City.
SECTION 7. – Revisions to Agreement. The City further understands
that prior to the City’s authorized representative(s)/agent(s) executing any
of the documents listed above, the Office may make revisions to its sample
Agreement and that such revisions could include the indemnification and the
legal venue stipulation. The City accepts the legal obligation that the City
shall, prior to execution of the Agreement(s), confer with the City’s
authorized representative(s)/agent(s) as to any revisions to the project
Agreement from that of the sample Agreement. The City also acknowledges
and accepts that if the City’s authorized representative(s)/agent(s) executes
3
Recreation & Conservation Office Grants
20-1067 Downey Farmstead Side Channel II
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the Agreement(s) with any such revisions, all terms and conditions of the
executed Agreement shall be conclusively deemed to be executed with the
City’s authorization.
SECTION 8. – Allowable Costs. Any grant assistance received will be
used for only direct eligible and allowable costs that are reasonable and
necessary to implement the project(s) referenced above.
SECTION 9. –Matching Funds Availability. If match is required for the
grant, the City understands it must certify the availability of match at least
one month before funding approval. In addition, The City understands it is
responsible for supporting all non-cash matching share commitments to
these projects should they not materialize.
SECTION 10. – Reimbursement Basis. The City acknowledges that if
it receives grant funds managed by the Office, the Office will pay the City on
only a reimbursement basis. The City understands reimbursement basis
means that the City will only request payment from the Office after the City
incurs grant eligible and allowable costs and pays them. The Office may also
determine an amount of retainage and hold that amount until all project
deliverables, grant reports, or other responsibilities are complete.
SECTION 11. – Property Dedication for Development, Renovation,
Enhancement, and Restoration Projects. The City acknowledges that any
property owned by the City that is developed, renovated, enhanced, or
restored with grant assistance must be dedicated for the purpose of the grant
in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
4
Recreation & Conservation Office Grants
20-1067 Downey Farmstead Side Channel II
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Section 12. – Conflicts. The City certifies the following: the Project
does not conflict with the Puget Sound Action Agenda developed by the Puget
Sound Partnership under RCW 90.71.310.
SECTION 13. - Resolution a Part of Application. This resolution is
deemed to be part of the formal grant application to the Office.
SECTION 14. – Certification. The City warrants and certifies that this
resolution was properly and lawfully adopted following the requirements of
the City and applicable laws and policies, and that the City has full legal
authority to commit itself to the warranties, certifications, promises and
obligations set forth herein.
SECTION 15. - Effective Date and Approval. This resolution will take
effect immediately and is signed and approved by the Mayor through a
majority vote of the City Council for the City of Kent. A copy of this resolution
is on file with the Kent City Clerk at 220 Fourth Avenue South, Kent, WA.
September 7, 2021
DANA RALPH, MAYOR Date Approved
ATTEST:
September 7, 2021
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
APPROVED AS TO FORM:
ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY
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Recreation & Conservation Office Grants
20-1067 Downey Farmstead Side Channel II
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This agreement template is used by the Recreation and Conservation Office (RCO) for the management
of the grant and other programs it administers. This example is provided for review by applicants’ and
their counsel as they seek grant funding managed by RCO.
This grant agreement will contain changes at issuance based on the specifics of each funded project. For
instance, changes will occur based on the applicant, funding program, fund source, project type, rule or
law changes, and other factors. Applicants that receive funding from RCO are encouraged to thoroughly
review their customized grant agreement prior to final signature.
RCO reserves the right to make updates to this template.
RCO GRANT AGREEMENT
Project Name: __________________________
Project Number: ________________________
Issuance Date: ________________________
A. PARTIES OF THE GRANT AGREEMENT.
1. This Recreation and Conservation Office Grant Agreement (Agreement) is entered into between
the State of Washington {FundingAgency} Recreation and Conservation Office (RCO), P.O. Box
40917, Olympia, Washington 98504-0917 and {PrimarySponsorNameAddress}
{SecondarySponsorNameAddress}, and shall be binding on the agents and all persons acting by
or through the parties.
2. The Sponsor’s Data Universal Numbering System (DUNS) Number is {DUNNSNumber}.
3. All Sponsors are equally and independently subject to all the conditions of this Agreement
except those conditions that expressly apply only to the primary Sponsor.
4. Prior to and During the Period of Performance, Per the Applicant Resolution/Authorizations
submitted by all sponsors (and on file with the RCO), the identified Authorized
Representative(s)/Agent(s) have full authority to legally bind the Sponsor(s) regarding all
matters related to the project, including but not limited to, full authority to: (1) sign a grant
application for grant assistance, (2) enter into this project agreement on behalf of the
Sponsor(s) including indemnification, as provided therein, (3) enter any amendments thereto on
behalf of Sponsor(s), and (4) make any decisions and submissions required with respect to the
project. Agreements and amendments must be signed by the Authorized
Representative/Agent(s) of all Sponsors, unless otherwise allowed in the AMENDMENTS TO
AGREEMENT Section.
a. During the Period of Performance, in order for a Sponsor to change its Authorized
Representative/Agent as identified on the original signed Applicant
Resolution/Authorization the Sponsor must provide the RCO a new Applicant
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Resolution/Authorization signed by its governing body. Unless a new Applicant
Resolution/Authorization has been provided, the RCO shall proceed on the basis that
the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the
Sponsor to the Agreement (including any amendments thereto) and decisions related to
implementation of the Agreement.
b. Amendments After the Period of Performance. RCO reserves the right to request and
Sponsor has the obligation to provide, authorizations and documents that demonstrate
any signatory to an amendment has the authority to legally bind the Sponsor as
described in the above Sections A and J.
5. For the purposes of this Agreement, as well as for grant management purposes with RCO, only
the primary Sponsor may act as a fiscal agent to obtain reimbursements (See PROJECT
REIMBURSEMENTS Section).
B. PURPOSE OF AGREEMENT.
This Agreement sets out the terms and conditions by which a grant is made from the {AccountName} of
the State of Washington. The grant is administered by the RCO.
C. DESCRIPTION OF PROJECT.
{ProjectDescription}
D. PERIOD OF PERFORMANCE.
1. The period of performance begins on {StartDate} (project start date) and ends on {EndDate}
(project end date). No allowable cost incurred before or after this period is eligible for
reimbursement unless specifically provided for by written amendment or addendum to this
Agreement, or specifically provided for by applicable RCWs, WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
2. The RCO reserves the right to summarily dismiss any request to amend this Agreement if not
made at least 60 days before the project end date.
E. STANDARD TERMS AND CONDITIONS INCORPORATED.
The RCO Standard Terms and Conditions of the Agreement are hereby incorporated by reference as part
of this Agreement.
F. LONG-TERM OBLIGATIONS.
(This is a custom section based on project, program, and sponsor type. See attached spreadsheet of
those that may apply.)
G. PROJECT FUNDING.
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The total grant award provided for this project shall not exceed {RCOAmount}. The RCO shall not pay any
amount beyond that approved for grant funding of the project and within the percentage as identified
below. The Sponsor shall be responsible for all total project costs that exceed this amount. The
minimum matching share provided by the Sponsor shall be as indicated below:
{FundingTable}
H. FEDERAL FUND INFORMATION.
(This section only appears if there is federal funding nexus)
{FederalFundingInfo}
This funding is not research and development (R&D).
If the Sponsor’s total federal expenditures are $750,000 or more during the Sponsor’s fiscal-year, the
Sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.
Part 200, Sub Part F–Audit Requirements, Section 500 (2013). The Sponsor must provide a copy of the
final audit report to RCO within nine months of the end of the Sponsor’s fiscal year, unless a longer
period is agreed to in advance by the federal agency identified in this section.
Sponsor shall comply with the federal “Omni-circular” (2 C.F.R. Part 200).
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit; further
the RCO reserves the right to suspend any and all RCO Agreement(s) with the Sponsor if such
noncompliance is not promptly cured.
I. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS.
All rights and obligations of the parties under this Agreement are further specified in and shall be
interpreted in light of the Sponsor’s application and the project summary and eligible scope activities
under which the Agreement has been approved and/or amended as well as documents produced in the
course of administering the Agreement, including the eligible scope activities, the milestones report,
progress reports, and the final report. Provided, to the extent that information contained in such
documents is irreconcilably in conflict with this Agreement, it shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or
omission. This “Agreement” as used here and elsewhere in this document, unless otherwise specifically
stated, has the meaning set forth in the definitions of the Standard Terms and Conditions.
The following Exhibits are attached as part of this Agreement:
(This is a custom section listing things like “Expanded Scope of Work,” “Milestones,” and “Eligible Scope
Items,”which become part of this agreement.)
If an exhibit is referenced in this Agreement as an exhibit or attached to this Agreement, regardless
whether it is on this list, it shall still be considered part of this Agreement.
J. AMENDMENTS TO AGREEMENT.
1. Except as provided herein, no amendment (including without limitation, deletions) of this
Agreement will be effective unless set forth in writing signed by all parties. Exception:
extensions of the Period of Performance and minor scope adjustments need only be signed by
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RCO’s director or designee and consented to in writing (including email) by the Sponsor’s
Authorized Representative/Agent or Sponsor’s designated point of contact for the
implementation of the Agreement (who may be a person other than the Authorized
Agent/Representative), unless otherwise provided for in an amendment. This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal
amendment for extensions or minor scope adjustments.
2. It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its
behalf is duly authorized to do so.
3. Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be
deemed to include all current federal, state, and local government laws and rules, and policies
applicable and active and published in the applicable RCO manuals or on the RCO website in
effect as of the effective date of the amendment, without limitation to the subject matter of the
amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a
result of an amendment shall apply only prospectively and shall not require that an act
previously done in compliance with existing requirements be redone. However, any such
amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
K. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND POLICIES.
1. This Agreement is governed by, and the sponsor shall comply with, all applicable state and
federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any
applicable federal program and accounting rules effective as of the date of this Agreement or as
of the effective date of an amendment, unless otherwise provided in the amendment. Provided,
any update in law, rule, policy or a manual that is incorporated as a result of an amendment
shall apply only prospectively and shall not require that an act previously done in compliance
with existing requirements be redone unless otherwise expressly stated in the amendment.
2. For the purpose of this Agreement, {WAC…} shall apply as terms of this Agreement.
3. For the purpose of this Agreement, the following RCO manuals are deemed applicable and shall
apply as terms of this Agreement:
{CustomApplicableManuals}
Provided, where a manual refers to a funding board’s responsibility and/or authority but the funding
board is not involved with the grant or successor to an entity that was involved, the RCO director shall
have that responsibility and/or authority if such responsibilities and/or authority falls within the RCO’s
statutory responsibilities and/or authority or within a lawful delegation by the board to the RCO.
L. SPECIAL CONDITIONS.
{CustomSpecialConditionsAsMayApply}
M. AGREEMENT CONTACTS.
The parties will provide all written communications and notices under this Agreement to either or both
the mail address and/or the email address listed below:
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{CustomProjectContacts}
These addresses and contacts shall be effective until receipt by one party from the other of a written
notice of any change. Unless otherwise provided for in this Agreement, decisions relating to the
Agreement must be made by the Authorized Representative/Agent, who may or may not be the Project
Contact for purposes of notices and communications.
N. ENTIRE AGREEMENT.
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the
parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any
of the parties.
O. EFFECTIVE DATE.
1. Unless otherwise provided for in this Agreement, this Agreement, for project {ProjectNumber},
shall not be effective and binding until the date signed by both the sponsor and the RCO’s
authorized representative, whichever is later (Effective Date). Reimbursements for eligible and
allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original
is received by RCO.
2. The Sponsor has read, fully understands, and agrees to be bound by all terms and conditions as
set forth in this Agreement and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT
AGREEMENT. The signators listed below represent and warrant their authority to bind the
parties to this Agreement.
Signatures:
Sponsor/Date
Recreation and Conservation Office/Date
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Standard Terms and Conditions of the RCO Grant Agreement Table of Contents
1. CITATIONS, HEADINGS AND DEFINITIONS. ........................................................................................... 8
2. PERFORMANCE BY THE SPONSOR. ..................................................................................................... 13
3. ASSIGNMENT. ..................................................................................................................................... 14
4. RESPONSIBILITY FOR PROJECT. ........................................................................................................... 14
5. INDEMNIFICATION. ............................................................................................................................. 14
6. INDEPENDENT CAPACITY OF THE SPONSOR. ...................................................................................... 16
7. CONFLICT OF INTEREST. ...................................................................................................................... 16
8. COMPLIANCE WITH APPLICABLE LAW. ............................................................................................... 16
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES ................................................... 18
10. RECORDS. ............................................................................................................................................ 23
11. PROJECT FUNDING. ............................................................................................................................. 24
12. PROJECT REIMBURSEMENTS. ............................................................................................................. 25
13. ADVANCE PAYMENTS. ........................................................................................................................ 27
14. RECOVERY OF PAYMENTS. .................................................................................................................. 27
15. COVENANT AGAINST CONTINGENT FEES. .......................................................................................... 27
16. INCOME (AND FEES) AND USE OF INCOME. ....................................................................................... 27
17. PROCUREMENT REQUIREMENTS. ....................................................................................................... 28
18. TREATMENT OF EQUIPMENT AND ASSETS. ........................................................................................ 29
19. RIGHT OF INSPECTION. ....................................................................................................................... 30
20. STEWARDSHIP AND MONITORING. .................................................................................................... 30
21. PREFERENCES FOR RESIDENTS. ........................................................................................................... 30
22. ACKNOWLEDGMENT AND SIGNS. ....................................................................................................... 30
23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION
PROJECTS. ........................................................................................................................................... 31
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS. ......................................................................... 32
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS. ........................................................ 34
26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS. ........................... 35
27. RECORDED NOTICE OF GRANT. ........................................................................................................... 36
28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS.................................. 36
29. PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................ 36
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS..................................................................... 39
31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS. ................................... 39
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32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS. ........................................... 40
33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS. ................................... 41
34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS. ................................................ 41
35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS. ............................... 41
36. ORDER OF PRECEDENCE. .................................................................................................................... 46
37. LIMITATION OF AUTHORITY. ............................................................................................................... 47
38. WAIVER OF DEFAULT. ......................................................................................................................... 47
39. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH. ............. 47
40. SPECIFIC PERFORMANCE. ................................................................................................................... 47
41. TERMINATION AND SUSPENSION. ...................................................................................................... 47
42. DISPUTE HEARING. .............................................................................................................................. 49
43. ATTORNEYS’ FEES. ............................................................................................................................... 50
44. GOVERNING LAW/VENUE. .................................................................................................................. 50
45. SEVERABILITY. ..................................................................................................................................... 50
46. END OF AGREEMENT. ......................................................................................................................... 50
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STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT
Last Updated: __February 12, 2020 _
1. CITATIONS, HEADINGS AND DEFINITIONS.
A) Any citations referencing specific documents refer to the current version on the effective
date of this Agreement or the effective date of any amendment thereto.
B) Headings used in this Agreement are for reference purposes only and shall not be
considered a substantive part of this Agreement.
C) Definitions. As used throughout this Agreement, the following terms shall have the meaning
set forth below:
acquisition project – A project that purchases or receives a donation of a right to or in real property
including, but not limited to, fee simple land acquisition, conservation easement,
access/trail/recreational easements, covenants, leases, water rights, and mineral rights.
Agreement, terms of the Agreement, or project agreement – The document entitled “RCO GRANT
AGREEMENT” accepted by all parties to the present project and transaction, including without
limitation the Standard Terms and Conditions of the RCO Grant Agreement, all exhibits,
attachments, addendums, amendments, and applicable manuals, and any intergovernmental
agreements, and/or other documents that are incorporated into the Agreement subject to any
limitations on their effect under this Agreement.
applicable manual(s), manual -- A manual designated in this Agreement to apply as terms of this
Agreement, subject (if applicable) to substitution of the “RCO director” for the term “board” in
those manuals where the project is not approved by or funded by the referenced board, or a
predecessor to the board.
applicable WAC(s) -- Designated chapters or provisions of the Washington Administrative Code that
apply by their terms to the type of grant in question or are deemed under this Agreement to apply
as terms of the Agreement, subject to substitution of the “RCO director” for the term “board” or
“agency” in those cases where the RCO has contracted to or been delegated to administer the grant
program in question.
applicant – Any party, prior to becoming a Sponsor, who meets the qualifying standards/eligibility
requirements for the grant application or request for funds in question.
application – The documents and other materials that an applicant submits to the RCO to support
the applicant’s request for grant funds; this includes materials required for the “Application” in the
RCO’s automated project information system, and other documents as noted on the application
checklist including but not limited to legal opinions, maps, plans, evaluation presentations and
scripts.
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archeological, cultural, and historic resources - Archeological sites and artifacts, and traditional
areas or items of religious, ceremonial and/or social (significance to) (uses of) tribes affected by or
interested in the project. This also refers to built environments and places with historical
significance for the nation, state, or local area.
authorized representative/agent – A Sponsor’s agent (employee, political appointee, elected person,
etc.) authorized to be the signatory of this Agreement and any amendments requiring a Sponsor’s
signature. This person has the signature authority to bind the Sponsor to this Agreement, grant, and
project.
C.F.R. – Code of Federal Regulations
completed project or project completion - The status of a project when all of the following have
occurred:
1. The grant funded project has been inspected by the RCO and the RCO has determined that
all scopes of work to implement the project have been completed satisfactorily,
2. A final project report is submitted to and accepted by RCO,
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO
4. A final reimbursement request has been paid by RCO.
5. Property rights (including RCO’s as may apply) have been recorded (as may apply)
contractor – An entity that receives a contract from a Sponsor related to performance of work or
another obligation under this Agreement.
compliance period, or long-term compliance period – The term of years, beginning on the end date
of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of
the compliance period may also be prescribed by RCO per the Agreement.
conversion – A conversion occurs 1) when facilities acquired, developed, renovated or restored
within the project area are changed to a use other than that for which funds were approved,
without obtaining prior written formal RCO or board approval, 2) when property interests are
conveyed to a third party not otherwise eligible to receive grants in the program from which funding
was approved without obtaining prior written formal RCO or board approval, or 3) when obligations
to operate and maintain the funded property are not complied with after reasonable opportunity to
cure.
development project – A project that results in the construction of, or work resulting in, new
elements, including but not limited to structures, facilities, and/or materials to enhance outdoor
recreation resources. A development project may also involve activities that redevelop or renovate
an existing facility, and these may occur exclusively in the project or in combination with new
construction. For projects in the Boating Facilities Program, the term “development project”
includes all of the above and may also include those activities that are defined as maintenance in 50
C.F.R 86.
director or Director – The chief executive officer of the Recreation and Conservation Office or that
person’s designee.
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education project – A project that provides information, education, and outreach programs and/or
services for the benefit of outdoor recreationists. This project may involve limited amounts of
capital construction or installation of tangible property.
education and enforcement project – A project that provides information, education, and outreach
programs or services; encourages responsible recreational behavior, and may provide law
enforcement for the benefit of outdoor recreationists. This project may involve limited amounts of
capital construction or installation of tangible property, and equipment purchases.
effective date – The date when the signatures of all parties to this agreement are present in the
agreement.
enhancement project – A project that (i) supports hatchery reform to improve hatchery
effectiveness to minimize impacts to wild fish populations, (ii) ensures compatibility between
hatchery production and salmon recovery programs, or (iii) supports sustainable fisheries (WAC
420.04.010).
equipment – Tangible personal property (including information technology systems) having a useful
service life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser
of the capitalization level established by the Sponsor or $5,000 (2 C.F.R. § 200.33 (2013)).
funding board or board – The Washington State Recreation and Conservation Funding Board, or the
Washington State Salmon Recovery Funding Board. Or both as may apply.
Funding Entity – the entity that approves the project that is the subject to this Agreement.
grant program – The source of the grant funds received. May be an account in the state treasury, or
a grant category within a larger grant program, or a federal source.
indirect cost – Costs incurred for a common or joint purpose benefitting more than one cost
objective, and not readily assignable to the cost objectives specifically benefitted, without effort
disproportionate to the results achieved (2 C.F.R. § 200.56 (2013)).
compliance period, or long-term compliance period – The term of years, beginning on the end date
of the agreement, when long-term obligations exist for the Sponsor. The start date and end date of
the compliance period may also be prescribed by RCO per the Agreement.
long-term obligations – Sponsor’s obligations after the project end date, as specified in the
Agreement and manuals and other exhibits as may apply.
landowner agreement – An agreement that is required between a Sponsor and landowner for
projects located on land not owned or otherwise controlled by the Sponsor.
maintenance project – A project that maintains existing areas and facilities through repairs and
upkeep for the benefit of outdoor recreation.
maintenance and operation project – A project that maintains and operates existing areas and
facilities through repairs, upkeep, and routine services for the benefit of outdoor recreationists.
match or matching share – The portion of the total project cost provided by the Sponsor.
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milestone – An important event with a defined date to track an activity related to implementation of
a funded project and monitor significant stages of project accomplishment.
monitoring project – Means a project that tracks the effectiveness of salmon recovery restoration
actions, or provides data on salmon populations or their habitat conditions.
monitoring and research project – Means a project that tracks the effectiveness of salmon recovery
restoration actions, or provides data on salmon populations or their habitat conditions.
Office – Means the Recreation and Conservation Office or RCO.
notice of grant – As required by RCO or another authority, a document that has been legally
recorded on the property title of the project area(s) in the county or counties where the project
property is located, or with the United States Government, that describes the project area on the
property, the funding sources, and agencies responsible for awarding the grant.
pass-through entity – A non-Federal entity that provides a subaward to a subrecipient to carry out
part of a Federal program (2 C. F. R. § 200.74 (2013)). If this Agreement is a federal subaward, RCO is
the pass-through entity.
period of performance – The period beginning on the project start date and ending on the project
end date.
planning project - A project that results in one or more of the following: 1) a study, a plan,
assessment, project design, inventory, construction plans and specifications, and permits; or 2) a
project that provides money to facilitate the work of an organization engaged in planning and
coordination, or resource stewardship.
pre-agreement cost – A project cost incurred before the period of performance.
primary Sponsor – The Sponsor who is not a secondary Sponsor and who is specifically identified in
the Agreement as the entity to which RCO grants funds to and authorizes and requires to administer
the grant. Administration includes but is not limited to acting as the fiscal agent for the grant (e.g.
requesting and accepting reimbursements, submitting reports). Primary Sponsor includes its
officers, employees, agents and successors.
project – The undertaking that is funded by this Agreement either in whole or in part with funds
administered by RCO.
project area - A geographic area that delineates a grant assisted site which is subject to project
agreement requirements.
project area (for projects where WAC 420 is applied) - The area consistent with the geographic limits
of the scope of work of the project and subject to project agreement requirements. For restoration
projects, the project area must include the physical limits of the project's final site plans or final
design plans. For acquisition projects, the project area must include the area described by the legal
description of the properties acquired for or committed to the project (WAC 420.04.010).
completed project or project completion - The status of a project when all of the following have
occurred:
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1. The grant funded project has been inspected by the RCO and the RCO has determined that
all scopes of work to implement the project have been completed satisfactorily,
2. A final project report is submitted to and accepted by RCO,
3. Any needed amendments to the Agreement have been entered by the Sponsor and RCO
and have been delivered to the RCO
4. A final reimbursement request has been paid by RCO.
5. Property rights (including RCO’s as may apply) have been recorded (as may apply)
project cost – The total allowable costs incurred under this Agreement and all required match share
and voluntary committed matching share, including third-party contributions (see also 2 C.F.R. §
200.83 (2013) for federally funded projects).
project end date – The specific date identified in the Agreement on which the period of
performance ends, as may be changed by amendment. This date is not the end date for any long-
term obligations.
project start date – The specific date identified in the Agreement on which the period of
performance starts.
RCFB – Recreation and Conservation Funding Board
RCO – Recreation and Conservation Office – The state agency that administers the grant that is the
subject of this Agreement. RCO includes the director and staff.
RCW – Revised Code of Washington
Recreational Trails Program (RTP) – A Federal Highways Administration grant program.
reimbursement – RCO’s payment of funds to the Sponsor for eligible and allowable costs that have
already been paid by the Sponsor per the terms of the Agreement.
renovation project – A project intended to improve an existing site or structure in order to increase
its useful service life beyond current expectations or functions. This does not include maintenance
activities to maintain the facility for its originally expected useful service life.
research project – Means a project that studies salmon and the effectiveness of recovery restoration
efforts on the population or habitat condition.
restoration project – A project intended to bring a site back to its historic function as part of a
natural ecosystem, or one intended to improve the ecological or habitat functionality or capacity of
(or part of) a site, landscape, marine environment, or watershed.
restoration and enhancement project – A project intended to bring a site back to its historic function
as part of a natural ecosystem or that improves the ecological functionality of a site or a larger
ecosystem which improvement may include benefiting (or exclusively benefit) fish stocks.
secondary Sponsor – One of two or more Sponsors who is not a primary Sponsor. Only the primary
Sponsor may be the fiscal agent for the project.
Sponsor – A Sponsor is an organization that is listed in and has signed this Agreement.
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Sponsor Authorized Representative/Agent – A Sponsor’s agent (employee, political appointee,
elected person, etc.) authorized to be the signatory of this Agreement and any amendments
requiring a Sponsor signature. This person has the signature authority to bind the Sponsor to this
Agreement, grant, and project.
SRFB – Salmon Recovery Funding Board
State. The funding board and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of
Washington state government.
subaward – Funds allocated to the RCO from another organization, for which RCO makes available
to or assigns to another organization via this Agreement. Also, a subaward may be an award
provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of any
award received by the pass-through entity. It does not include payments to a contractor or
payments to an individual that is a beneficiary of a federal or other program. A subaward may be
provided through any form of legal agreement, including an agreement that the pass-through entity
considers a contract. Also see 2 C.F.R. § 200.92 (2013). For federal subawards, a subaward is for the
purpose of carrying out a portion of a Federal award and creates a federal assistance relationship
with the subrecipient (2 C.F.R. § 200.330 (2013)). If this Agreement is a federal subaward, the
subaward amount is the grant program amount in the PROJECT FUNDING Section.
subrecipient – Subrecipient means an entity that receives a subaward. For non-federal entities
receiving federal funds, a subrecipient is an entity that receives a subaward from a pass-through
entity to carry out part of a federal program; but does not include an individual that is a beneficiary
of such program. A subrecipient may also be a recipient of other federal awards directly from a
federal awarding agency (2 C.F.R. § 200.93 (2013)). If this Agreement is a federal subaward, the
Sponsor is the subrecipient.
tribal consultation – Outreach, and consultation with one or more federally recognized tribes (or a
partnership or coalition or consortium of such tribes, or a private tribal enterprise) whose rights will
or may be significantly affected by the proposed project. This includes sharing with potentially-
affected tribes the scope of work in the grant and potential impacts to natural areas, natural
resources, and the built environment by the project. It also includes responding to any tribal
request from such tribes and considering tribal recommendations for project implementation which
may include not proceeding with parts of the project, altering the project concept and design, or
relocating the project or not implementing the project, all of which RCO shall have the final approval
of.
useful service life – Period during which a built asset, equipment, or fixture is expected to be
useable for the purpose it was acquired, installed, developed, and/or renovated, or restored per this
Agreement.
WAC – Washington Administrative Code.
2. PERFORMANCE BY THE SPONSOR.
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a. The Sponsor shall undertake the project as described in this Agreement, and in accordance
with the Sponsor's proposed goals and objectives described in the application or documents
submitted with the application, all as finally approved by the RCO (to include any RCO
approved changes or amendments thereto). All submitted documents are incorporated by
this reference as if fully set forth herein.
b. Timely completion of the project and submission of required documents, including progress
and final reports, is important. Failure to meet critical milestones or complete the project, as
set out in this Agreement, is a material breach of the Agreement.
3. ASSIGNMENT.
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or
assigned by the Sponsor without prior written approval of the RCO.
4. RESPONSIBILITY FOR PROJECT.
a. While RCO administers the grant that is the subject of this Agreement, the project itself
remains the sole responsibility of the Sponsor. The RCO and Funding Entity (if different from
the RCO) undertakes no responsibilities to the Sponsor, or to any third party, other than as
is expressly set out in this Agreement.
b. The responsibility for the implementation of the project is solely that of the Sponsor, as is
the responsibility for any claim or suit of any nature by any third party related in any way to
the project. When a project has more than one Sponsor, any and all Sponsors are equally
responsible for the project and all post-completion stewardship responsibilities and long-
term obligations unless otherwise stated in this Agreement.
c. The RCO, its employees, assigns, consultants and contractors, and members of any funding
board or advisory committee or other RCO grant review individual or body, have no
responsibility for reviewing, approving, overseeing or supervising design, construction, or
safety of the project and leaves such review, approval, oversight and supervision exclusively
to the Sponsor and others with expertise or authority. In this respect, the RCO, its
employees, assigns, consultants and contractors, and any funding board or advisory
committee or other RCO grant review individual or body will act only to confirm at a
general, lay person, and nontechnical level, solely for the purpose of project eligibility and
payment and not for safety or suitability, that the project apparently is proceeding or has
been completed as per the Agreement.
5. INDEMNIFICATION.
a. The Sponsor shall defend, indemnify, and hold the State and its officers and employees
harmless from all claims, demands, or suits at law or equity arising in whole or in part from
the actual or alleged acts, errors, omissions or negligence in connection with this Agreement
(including without limitation all work or activities thereunder), or the breach of any
obligation under this Agreement by the Sponsor or the Sponsor’s agents, employees,
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contractors, subcontractors, or vendors, of any tier, or any other persons for whom the
Sponsor may be legally liable.
b. Provided that nothing herein shall require a Sponsor to defend or indemnify the State
against and hold harmless the State from claims, demands or suits based solely upon the
negligence of the State, its employees and/or agents for whom the State is vicariously liable.
c. Provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the Sponsor or the Sponsor’s agents or employees, and (b) the State, or its
employees or agents the indemnity obligation shall be valid and enforceable only to the
extent of the Sponsor’s negligence or its agents, or employees.
d. As part of its obligations provided above, the Sponsor specifically assumes potential liability
for actions brought by the Sponsor’s own employees or its agents against the State and,
solely for the purpose of this indemnification and defense, the Sponsor specifically waives
any immunity under the state industrial insurance law, RCW Title 51. Sponsor’s waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO,
and does not include, or extend to, any claims by Sponsor’s employees directly against
Sponsor.
e. Sponsor shall ensure that any agreement relating to this project involving any contractors,
subcontractors and/or vendors of any tier shall require that the contracting entity
indemnify, defend, waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or
subcontractor is solely donating its services to the project without compensation or other
substantial consideration.
f. The Sponsor shall also defend, indemnify, and hold the State and its officers and employees
harmless from all claims, demands, or suits at law or equity arising in whole or in part from
the alleged patent or copyright infringement or other allegedly improper appropriation or
use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor’s agents, employees, contractors, subcontractors
or vendors, of any tier, or any other persons for whom the Sponsor may be legally liable, in
performance of the work under this Agreement or arising out of any use in connection with
the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement.
Provided, this indemnity shall not apply to any alleged patent or copyright infringement or
other allegedly improper appropriation or use of trade secrets, patents, proprietary
information, know-how, copyright rights or inventions resulting from the State’s, its agents’,
officers’ and employees’ failure to comply with specific written instructions regarding use
provided to the State, its agents, officers and employees by the Sponsor, its agents,
employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable.
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g. The funding board and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other
entities of state government.
6. INDEPENDENT CAPACITY OF THE SPONSOR.
a. The Sponsor and its employees or agents performing under this Agreement are not officers,
employees or agents of the RCO or Funding Entity. The Sponsor will not hold itself out as nor
claim to be an officer, employee or agent of the RCO or the Funding Entity, or of the state of
Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
b. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or
deductions of any kind required by federal, state, and/or local laws.
7. CONFLICT OF INTEREST.
a. Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO
may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is
found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the
procurement of, or performance under, this Agreement.
b. In the event this Agreement is terminated as provided herein, RCO shall be entitled to
pursue the same remedies against the Sponsor as it could pursue in the event of a breach of
the Agreement by the Sponsor. The rights and remedies of RCO provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies provided by law
or this Agreement.
8. COMPLIANCE WITH APPLICABLE LAW.
a. In implementing the Agreement, the Sponsor shall comply with all applicable federal, state,
and local laws (including without limitation all applicable ordinances, codes, rules, and
regulations). Such compliance includes, without any limitation as to other applicable laws,
the following laws:
i. Nondiscrimination Laws. The Sponsor shall comply with all applicable federal, state, and
local nondiscrimination laws and/or policies, including but not limited to: the Americans
with Disabilities Act; Civil Rights Act; and the Age Discrimination Employment Act (if
applicable). In the event of the Sponsor’s noncompliance or refusal to comply with any
nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or
terminated in whole or in part, and the Sponsor may be declared ineligible for further
grant awards from the RCO or Funding Entity. The Sponsor is responsible for any and all
costs or liability arising from the Sponsor’s failure to so comply with applicable law.
Except where a nondiscrimination clause required by a federal funding agency is used,
the Sponsor shall insert the following nondiscrimination clause in each contract for
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construction of this project: "During the performance of this contract, the contractor
agrees to comply with all federal and state nondiscrimination laws, regulations and
policies.”
ii. Secular Use of Funds. No funds awarded under this grant may be used to pay for any
religious activities, worship, or instruction, or for lands and facilities for religious
activities, worship, or instruction. Religious activities, worship, or instruction may be a
minor use of the grant supported recreation and conservation land or facility.
iii. Wages and Job Safety. The Sponsor agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington or other
jurisdiction which affect wages and job safety. The Sponsor agrees when state prevailing
wage laws (RCW 39.12) are applicable, to comply with such laws, to pay the prevailing
rate of wage to all workers, laborers, or mechanics employed in the performance of any
part of this contract, and to file a statement of intent to pay prevailing wage with the
Washington State Department of Labor and Industries as required by RCW 39.12.40. The
Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries.
Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to
Sponsor a statement of intent to pay prevailing wages if the need to pay prevailing
wages is required by law. If a contractor or subcontractor intends to pay other than
prevailing wages, it must provide the Sponsor with an affirmative statement of the
contractor’s or subcontractor’s intent. Unless required by law, the Sponsor is not
required to investigate a statement regarding prevailing wage provided by a
contractor or subcontractor.
iv. Exception, Service Organizations of Trail and Environmental Projects (RCW 79A.35.130).
If allowed by state and federal law and rules, participants in conservation corps
programs offered by a nonprofit organization affiliated with a national service
organization established under the authority of the national and community service
trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of
compensation while performing environmental and trail maintenance work provided:
(1) The nonprofit organization must be registered as a nonprofit corporation pursuant to
RCW 24.03; (2) The nonprofit organization's management and administrative
headquarters must be located in Washington; (3) Participants in the program must
spend at least fifteen percent of their time in the program on education and training
activities; and (4) Participants in the program must receive a stipend or living allowance
as authorized by federal or state law. Participants are exempt from provisions related to
rates of compensation only for environmental and trail maintenance work conducted
pursuant to the conservation corps program.
b. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,
other than for normal and recognized executive-legislative relationships, for publicity or
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propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet,
booklet, publication, radio, television, or video presentation designed to support or defeat
legislation pending before the U.S. Congress or any state legislature. No part of any funds
provided under this grant shall be used to pay the salary or expenses of any Sponsor, or
agent acting for such Sponsor, related to any activity designed to influence legislation or
appropriations pending before the U.S. Congress or any state legislature.
c. No part of any funds provided under this grant shall be used to pay the salary or expenses of
any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence
legislation or appropriations pending before the U.S. Congress or any state legislature.
d. Debarment and Certification. By signing the Agreement with RCO, the Sponsor certifies that
neither it nor its principals nor any other lower tier participant are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by Washington State Labor and Industries. Further, the
Sponsor agrees not to enter into any arrangements or contracts related to this Agreement
with any party that is on Washington State Department of Labor and Industries’ “Debarred
Contractor List.”
e. Requirements for RTP Subawards.
i. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal
Highways Administration and 2 CFR 200.
ii. Sponsor may be required to pay prevailing wage rates as required by the Davis Bacon
Act as amended.
9. ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES
RCO shall administratively review, and Sponsor shall assist RCO in such review, For all funded
projects, including land acquisitions for the purpose of capital construction or renovation, not
undergoing Section 106 review under the National Historic Preservation Act of 1966, RCO shall
review and, if it deems appropriate, confer with the Washington State Department of Archeology
and Historic Preservation, tribes, and with any other party/parties that have an interest in, or
responsibility for, Project review and protection of archeological, cultural, and historical resources,
to determine potential impacts to archeological, cultural and historic resources and plans for
protection of such resources. The Sponsor shall cooperate in all such reviews.
1. Plans. Sponsor shall comply with all plans RCO or another state or federal agency may develop
for the protection of archeological, cultural, and historical resources in the project area, and
adjacent areas that may be impacted by the project. This subsection also applies to those
projects where a categorical exclusion (subsection 5) may apply.
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2. Authorities. At a minimum, review, management, and protection of archeological, cultural, and
historic resources, and tribal consultation, shall be performed in the project area and adjacent
areas impacted by the project for compliance with the following authorities (as may apply and
as in effect at the time of the review):
i. Washington State Department of Archeology and Historic Preservation policies and
procedures and rule,
ii. Sponsor, RCO, and landowners’ plans, policies and procedures, directives, laws and
rules,
iii. State Environmental Policy Act,
iv. National Environmental Policy Act,
v. National Historic Preservation Act of 1966,
vi. Governor’s Executive Order 05-05,
3. Scope of Archeological, Cultural, and Historic Resources Review. RCO recognizes that the
project area may include multiple parcels with multiple landowners, and additional parties with
property rights in the project area. The Sponsor shall apply this section independently to each
separately owned property, provided that reviews undertaken must include impacts to
individual parcels and cumulative impacts.
4. Compliance. At all times, the Sponsor shall take reasonable action to avoid, minimize, or
mitigate adverse effects to archeological, cultural, and historic resources in the project area, and
adjacent areas that may be impacted by the project, and comply with any RCO direction for such
avoidance, minimization, and mitigation, and reporting and notification thereof.
5. Categorical Exemption. If the Sponsor has reviewed the activities in this grant for impacts to
archeological, cultural, and historical resources, and the same for any planned projects in any
land acquired with this grant, and determined the project is categorically exempt from further
archaeological, historical and cultural resources review, as well as tribal consultation, Sponsor
shall notify the RCO in writing prior to beginning the project describing 1) the specific statutory
or regulatory exemptions that apply, and 2) their applicability to the specific project.
Alternatively, the RCO may determine the project is covered by a categorical exemption, in
whole or in part, and notify the Sponsor of such determination.
However, any categorical exemption must meet the standards of and be consistent and
allowable by ALL of the following:
1. the project area landowner(s) legal documents and governing documents (if applicable,
2. Sponsor’s own policies and procedures and rules,
3. All applicable laws,
4. RCO applicable policies, manuals and/or other guidance, and
5. Washington Department of Archaeology and Historic Preservation’s rules and policies.
Alternatively, the RCO may assign a categorical exemption to the project based on its own
review.
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Regardless of the applicability of any categorical exemption, the RCO reserves the right at any
time to require Sponsor to comply with any and all of the provisions of this section.
6. Project Areas Reviewed by a Permitting Authority. For those project areas where a permitting
authority for the project conducts an archeological, cultural, and historical resources review and
tribal consultation under section 106 of the Historic Preservation Act, NEPA, SEPA, or Governor’s
Executive Order 05-05, such review and consultation shall substitute for the land owner’s,
provided that such substitution is allowed only if (a)the permitting authority and landowner are
not the same, and (b)the RCO determines that the review and consultation performed by the
permitting authority meets RCO standards. When a permitting authority conducts such reviews
and tribal consultation, all other subsections herein shall still apply to the Sponsor(s).
7. Project Areas on Sponsor-Owned Property. Unless a categorical exemption applies as stated
above, the Sponsor shall perform and be bound by the following:
a. Project Review. For project areas not reviewed by a permitting authority (see above), prior
to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation, geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur, or any other areas that may be affected by project
implementation, the Sponsor shall review the project for its potential and actual impacts,
including any planned projects on lands acquired as part of the project, to any and all
archaeological, cultural and historical resources in and adjacent to the project area, in areas
where project mitigation shall occur, or other areas that may be affected by project
implementation. In this review, Sponsor shall follow its policies and procedures, plans,
guidance, rules, and directives, as well as act in compliance with Governor’s Executive Order
05-05, the National Historic Preservation Act, the State Environmental Policy Act, the
National Environmental Policy Act, and any local laws as may apply. If another
governmental agency is responsible in whole or in part for this review the Sponsor shall
assist with such review.
b. Tribal Consultation. For project areas not reviewed by a permitting authority (see above),
prior to implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation, geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
where project mitigation shall occur, or any other areas that may be affected by project
implementation, Sponsor shall conduct tribal consultation with any interested or affected
tribes as defined above. .
c. Reporting to RCO and Approval of Project Activities. Sponsor shall provide RCO evidence
(which RCO shall prescribe) that it has conducted project review and tribal consultation as
described and receive written approval of such review and consultation from RCO prior to
Sponsor implementing in the project area any ground disturbance, altering or demolishing
structures or other property appurtenances, removing or altering vegetation, geologic
elements, or waterways, or impacting wildlife, in and adjacent to the project area, areas
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where project mitigation shall occur, or any other areas that may be affected by project
implementation.
d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and
project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources.
e. Termination. RCO retains the right at any time to terminate a project due to anticipated or
actual impacts to archaeology and cultural resources.
f. Monitoring. RCO may require on-site monitoring for impacts to archeology, cultural, and
historic resources during any demolition, construction, land clearing, restoration, or repair
work, and may direct that work stop to minimize, mitigate, or avoid impacts to archaeology,
cultural, and historical resource impacts or concerns.
g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily
available to anyone working at the project site, discuss the IDP with staff and contractors
working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
h. Discovery. If any archeological or historic resources are found while conducting work under
this Agreement, the Sponsor shall immediately stop work and notify the property owner,
RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources until such time as the reviewing authority with jurisdiction over the
found object(s) and areas notifies Sponsor and RCO that work can resume.
i. Human Remains. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law
Enforcement Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the
most expeditious manner, and stop any activity that may cause disturbance to the
remains. Sponsor shall secure the area of the find will and protect the remains from
further disturbance until the RCO provides a new notice to proceed on the project.
Any human remains discovered shall not be touched, moved, or further disturbed
unless directed by RCO or the Department of Archaeology and Historic Preservation
(DAHP). The county medical examiner/coroner will assume jurisdiction over the
human skeletal remains and make a determination of whether those remains are
forensic or non-forensic. If the county medical examiner/coroner determines the
remains are non-forensic, then they will report that finding to the Department of
Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the
remains. The DAHP will notify any appropriate cemeteries and all affected tribes of
the find. The State Physical Anthropologist will make a determination of whether the
remains are Indian or Non-Indian and report that finding to any appropriate
cemeteries and the affected tribes. The DAHP will then handle all consultation with
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the affected parties as to the future preservation, excavation, and disposition of the
remains and the resumption of work.
8. Project Areas on State or Federal Property Not Owned By Sponsor.
Categorical Exemption. For project area(s) owned by a state or federal agency, and not under
review via a permitting nexus (see above), the state or federal agency landowner performing
archeological, cultural, and historic resources review and tribal consultation shall make the
determination that the project, in whole or in part, is covered by a categorical exemption, and
may notify and report such to the Sponsor, or to RCO on behalf of Sponsor.
Project Review and Tribal Consolation. If the project is not categorical exception to
archeological, cultural, and historical resources review and tribal consultation, and the project
area is located on property owned by the State of Washington or a federal agency, Sponsor
shall:
a. Follow its own policies and procedures, rules, and any applicable laws, for the review,
protection, and management of archaeological, cultural, and historic resources, and tribal
consultation and other consultations as may apply.
b. Assist the land owner and other applicable agencies, and the RCO, with its/their review of
archaeological, cultural and historic resources, and tribal consultation for the project area.
i. RCO may consult directly with the landowner to complete land owner project review
and tribal consultation.
c. Provide RCO evidence that the landowner has 1) conducted archeological, cultural and
historic resources review and tribal consultation according to its policies and procedures and
applicable laws, and 2) provided Sponsor with permission to begin project implementation
in the project area owned by the state or federal agency.
d. Changes to Project. RCO reserves the right to request Sponsor change its scope of work and
project outcomes to avoid, mitigate, or minimize impacts to archeological, cultural, and
historic resources.
e. Termination. RCO retains the right at any time to terminate a project due to anticipated or
actual impacts to archaeology and cultural resources.
f. Monitoring. RCO or the federal or state landowner may require on-site monitoring for
impacts to archeology and cultural resources during any demolition, construction, land
clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, or
avoid impacts to archaeology and cultural resource impacts or concerns.
g. Inadvertent Discovery Plan. The Sponsor shall request, review, and be bound by the RCO
Inadvertent Discovery Plan (IDP), and keep the IDP at the project site, make the IDP readily
available to anyone working at the project site, discuss the IDP with staff and contractors
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working at the project site, and Implement the IDP when cultural resources or human
remains are found at the project site.
h. Discovery. If any archeological or historic resources are found while conducting work under
this Agreement, the Sponsor shall immediately stop work and notify the property owner,
RCO, the Department of Archaeology and Historic Preservation at (360) 586-3064, and any
affected Tribe, and stop any activity that may cause further disturbance to the archeological
or historic resources.
i. Human Remains. If any human remains are found while conducting work under this
Agreement, Sponsor shall immediately stop work and notify the local Law Enforcement
Agency or Medical Examiner/Coroner’s Office, and then RCO, all in the most expeditious
manner, and stop any activity that may cause disturbance to the remains. Sponsor shall
secure the area of the find will and protect the remains from further disturbance until
the RCO provides a new notice to proceed on the project. Any human remains
discovered shall not be touched, moved, or further disturbed unless directed by RCO or
the Department of Archaeology and Historic Preservation (DAHP). The county medical
examiner/coroner will assume jurisdiction over the human skeletal remains and make a
determination of whether those remains are forensic or non-forensic. If the county
medical examiner/coroner determines the remains are non-forensic, then they will
report that finding to the Department of Archaeology and Historic Preservation (DAHP)
who will then take jurisdiction over the remains. The DAHP will notify any appropriate
cemeteries and all affected tribes of the find. The State Physical Anthropologist will
make a determination of whether the remains are Indian or Non-Indian and report that
finding to any appropriate cemeteries and the affected tribes. The DAHP will then
handle all consultation with the affected parties as to the future preservation,
excavation, and disposition of the remains.
9. Costs. Costs associated with Sponsor’s responsibilities under this section of the Agreement are
eligible for reimbursement under this Agreement. Costs that exceed the budget grant amount
shall be the responsibility of the Sponsor.
10. RECORDS.
a. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s) of the project
property and funded project site in a format specified by the RCO.
b. Maintenance and Retention. The Sponsor shall maintain books, records, documents, data and
other evidence relating to this Agreement and performance of the services described herein,
including but not limited to accounting procedures and practices which sufficiently and properly
reflect all direct and indirect costs of any nature expended in the performance of this
Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any
litigation, claim or audit is started before the expiration of the nine (9) year period, the records
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shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
c. In order to satisfy 15 CFR 24.42(b) & (c) and 2 CFR 200.333, for projects that contain Pacific
Coast Salmon Recovery Funds or are used as match to Pacific Coast Salmon Recovery Funds the
sponsor shall retain records for a period of nine years from the date RCO deems the project
complete as defined in the PROJECT REIMBURSEMENTS Section.
d. Access to Records and Data. At no additional cost, the records relating to the Agreement,
including materials generated under the Agreement, shall be subject at all reasonable times to
inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State
Auditor, and federal and state officials so authorized by law, regulation or agreement. This
includes access to all information that supports the costs submitted for payment under the
grant and all findings, conclusions, and recommendations of the Sponsor’s reports, including
computer models and methodology for those models.
e. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this
Agreement and any records Sponsor submits or has submitted to the State shall be a public
record as defined in RCW 42.56. RCO administers public records requests per WAC 286-06 and
420-04 (which ever applies). Additionally, the Sponsor agrees to disclose any information in
regards to the expenditure of that funding as if the project sponsor were subject to the
requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor
understands that the State may be requested to disclose or copy that record under the state
public records law, currently codified at RCW 42.56. The Sponsor warrants that it possesses such
legal rights as are necessary to permit the State to disclose and copy such document to respond
to a request under state public records laws. The Sponsor hereby agrees to release the State
from any claims arising out of allowing such review or copying pursuant to a public records act
request, and to indemnify against any claims arising from allowing such review or copying and
pay the reasonable cost of state’s defense of such claims.
11. PROJECT FUNDING.
a. Authority. This Agreement and funding is made available to Sponsor through the RCO.
b. Additional Amounts. The RCO or Funding Entity shall not be obligated to pay any amount
beyond the dollar amount as identified in this Agreement, unless an additional amount has been
approved in advance by the RCO director and incorporated by written amendment into this
Agreement .
c. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the
project start date shall be eligible for grant funds, in whole or in part, unless specifically
provided for by the RCO director, such as a waiver of retroactivity or program specific eligible
pre-Agreement costs. For reimbursements of such costs, this Agreement must be fully executed
and an original received by RCO. The dollar amounts identified in this Agreement may be
reduced as necessary to exclude any such expenditure from reimbursement.
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d. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the
FEDERAL FUND INFORMATION Section are ineligible unless approved by the federal award
agency (2 C.F.R § 200.458 (2013)).
e. After the Period of Performance. No expenditure made, or obligation incurred, following the
period of performance shall be eligible, in whole or in part, for grant funds hereunder. In
addition to any remedy the RCO or Funding Entity may have under this Agreement, the grant
amounts identified in this Agreement shall be reduced to exclude any such expenditure from
participation.
12. PROJECT REIMBURSEMENTS.
a. Reimbursement Basis. This Agreement is administered on a reimbursement basis per WAC 286-
13 and/or 420-12, whichever has been designated to apply. Only the primary Sponsor may
request reimbursement for eligible and allowable costs incurred during the period of
performance. The primary Sponsor may only request reimbursement after (1) this Agreement
has been fully executed and (2) the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as
defined in the PROJECT FUNDING Section. Reimbursement shall not be approved for any
expenditure not incurred by the Sponsor or for a donation used as part of its matching share.
RCO does not reimburse for donations. All reimbursement requests must include proper
documentation of expenditures as required by RCO.
b. Reimbursement Request Frequency. The primary Sponsor is required to submit a
reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.
Sponsors must refer to the most recent applicable RCO manuals and this Agreement regarding
reimbursement requirements.
c. Compliance and Payment. The obligation of RCO to pay any amount(s) under this Agreement is
expressly conditioned on strict compliance with the terms of this Agreement and other
agreements between RCO and the Sponsor.
d. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the
total amount of the grant to the Sponsor until the following has occurred:
i. RCO has accepted the project as a completed project, which acceptance shall
not be unreasonably withheld.
ii. On-site signs are in place (if applicable); Any other required documents and
media are complete and submitted to RCO;Grant related fiscal transactions are
complete, and
iii. RCO has accepted a final boundary map of the project area for which the
Agreement terms will apply in the future.
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iv. A Notice of Grant for any property rights acquired or donated (if applicable)
have been filed with the county lands records office (or United State
Government) and a stamped copy received by RCO, and any property rights
owned to RCO have been likewise recorded.
e. Requirements for Federal Subawards: Match. The Sponsor’s matching share must comply with 2
C.F.R. § 200.306 (2013). Any shared costs or matching funds and all contributions, including cash
and third-party in-kind contributions, can be accepted as part of the Sponsor’s matching share
when such contributions meet all of the following criteria:
i. Are verifiable from the non-Federal entity's (Sponsor’s) records;
ii. Are not included as contributions for any other Federal award;
iii. Are necessary and reasonable for accomplishment of project or program objectives;
iv. Are allowable under 2 C.F.R. Part 200, Subpart E—Cost Principles (2013);
v. Are not paid by the Federal Government under another Federal award, except where
the Federal statute authorizing a program specifically provides that Federal funds made
available for such program can be applied to matching or cost sharing requirements of
other Federal programs;
vi. Are provided for in the approved budget when required by the Federal awarding agency
identified in the FEDERAL FUND INFORMATION Section of this Agreement; and
vii. Conform to other provisions of 2 C.F.R. Part 200, Subpart D—Post Federal Award
Requirements (2013), as applicable.
f. Requirements for Federal Subawards: Close out. Per 2 C.F.R § 200.343 (2013), the non-Federal
entity (Sponsor) must:
i. Submit, no later than 90 calendar days after the end date of the period of performance,
all financial, performance, and other reports as required by the terms and conditions of
the Federal award. The Federal awarding agency or pass-through entity (RCO) may
approve extensions when requested by the Sponsor.
ii. Liquidate all obligations incurred under the Federal award not later than 90 calendar
days after the end date of the period of performance as specified in the terms and
conditions of the Federal award.
iii. Refund any balances of unobligated cash that the Federal awarding agency or pass-
through entity (RCO) paid in advance or paid and that are not authorized to be retained
by the non-Federal entity (Sponsor) for use in other projects. See OMB Circular A-129
and see 2 C.F.R § 200.345 Collection of amounts due (2013), for requirements regarding
unreturned amounts that become delinquent debts.
iv. Account for any real and personal property acquired with Federal funds or received
from the Federal Government in accordance with 2 C.F.R §§ 200.310 Insurance coverage
through 200.316 Property rust relationship and 200.329 Reporting on real property
(2013).
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13. ADVANCE PAYMENTS.
Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO
director and are consistent with legal requirements and Manual 8: Reimbursements.
14. RECOVERY OF PAYMENTS.
a. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this
Agreement in accordance with state and federal laws, and/or the provisions of the Agreement,
or meet its percentage of the project total, RCO reserves the right to recover grant award funds
in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
b. Return of Overpayments. The Sponsor shall reimburse RCO for any overpayment or erroneous
payments made under the Agreement. Repayment by the Sponsor of such funds under this
recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate
of twelve percent (12%) per annum from the time the Sponsor received such overpayment.
Unless the overpayment is due to an error of RCO, the payment shall be due and owing on the
date that the Sponsor receives the overpayment from the RCO. If the payment is due to an
error of RCO, it shall be due and owing 30 days after demand by RCO for refund.
c. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of
the remedies as authorized in 2 C.F.R §§ 200.207 Specific conditions and/or 200.338 Remedies
for noncompliance (2013).
15. COVENANT AGAINST CONTINGENT FEES.
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure
this Agreement on an agreement or understanding for a commission, percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established agents maintained by the
Sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this
clause by the Sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from
the Agreement grant amount or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fee.
16. INCOME (AND FEES) AND USE OF INCOME.
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
Income.
a. Farm and Forest Account (Farmland and Forestland Preservation Grants). Excepted from this
section is income generated and fees paid on/for properties which received funds from the
Farm and Forest Account (RCW 79A.15.130).
b. Firearms and Archery Range Recreation Projects. Excepted from this section are safety classes
(firearm and/or hunter) for which a facility/range fee must not be charged (RCW 79A.25.210).
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c. Compatible source. The source of any income generated in a funded project or project area
must be compatible with the funding source and the Agreement and any applicable manuals,
RCWs, and WACs.
d. Use of Income. Subject to any limitations contained in applicable state or federal law and
applicable rules and policies, income or fees generated at a project work site (including
entrance, utility corridor permit, cattle grazing, timber harvesting, farming, rent, franchise fees,
ecosystem services, etc.) during or after the reimbursement period cited in the Agreement,
must be used to offset:
i. The Sponsor’s matching resources;
ii. The project’s total cost;
iii. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the
facility or program assisted by the grant funding;
iv. The expense of operation, maintenance, stewardship, monitoring, and/or repair of
other similar units in the Sponsor’s system;
v. Capital expenses for similar acquisition and/or development and renovation; and/or
vi. Other purposes explicitly approved by RCO.
e. Fees. User and/or other fees may be charged in connection with land acquired or facilities
developed, maintained, renovated, or restored and shall be consistent with the:
i. Grant program laws, rules, and applicable manuals;
ii. Value of any service(s) furnished;
iii. Value of any opportunities furnished; and
iv. Prevailing range of public fees in the state for the activity involved.
f. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. § 200.307
Program income (2013).
17. PROCUREMENT REQUIREMENTS.
a. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process
that follows applicable state and/or federal law or procurement rules and principles, it must be
followed, documented, and retained. If no such process exists the Sponsor must follow these
minimum procedures:
i. Publish a notice to the public requesting bids/proposals for the project;
ii. Specify in the notice the date for submittal of bids/proposals;
iii. Specify in the notice the general procedure and criteria for selection; and
iv. Sponsor must contract or hire from within its bid pool. If bids are unacceptable the
process needs to be repeated until a suitable bid is selected.
v. Comply with the same legal standards regarding unlawful discrimination based upon
race, gender, ethnicity, sex, or sex-orientation that are applicable to state agencies in
selecting a bidder or proposer. Alternatively, Sponsor may choose a bid from a bidding
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cooperative if authorized to do so. This procedure creates no rights for the benefit of
third parties, including any proposers, and may not be enforced or subject to review of
any kind or manner by any entity other than the RCO. Sponsors may be required to
certify to the RCO that they have followed any applicable state and/or federal
procedures or the above minimum procedure where state or federal procedures do not
apply.
b. Requirements for Federal Subawards.
i. For all Federal subawards, non-Federal entities (Sponsors) must follow 2 C.F.R §§ 200.318
General procurement standards through 200.326 Contract Provisions (2013).
ii. For RTP subawards, Sponsors shall follow such policies and procedures allowed by the State
when procuring property and services under a Federal award (2 C.F.R § 1201.317 (2013)).
18. TREATMENT OF EQUIPMENT AND ASSETS.
a. Equipment shall be used and managed only for the purpose of this Agreement , unless
otherwise provided herein or in the applicable manuals, or approved by RCO in writing.
b. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of
the Sponsor for the duration of the project, or RULES of applicable grant assisted program.
When the Sponsor discontinues use of the equipment for the purpose for which it was funded,
RCO may require the Sponsor to deliver the equipment to RCO, or to dispose of the equipment
according to RCO published policies.
c. Loss or Damage. The Sponsor shall be responsible for any loss or damage to equipment.
d. Requirements for Federal Subawards. Procedures for managing equipment (including
replacement equipment), whether acquired in whole or in part under a Federal award or match
for the award, until disposition takes place will, at a minimum, meet the following requirements
(2 C.F.R § 200.313 (2013)):
i. Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of funding for the property (including the
Federal Award Identification Number), who holds title, the acquisition date, and cost of the
property, percentage of Federal participation in the project costs for the Federal award
under which the property was acquired, the location, use and condition of the property, and
any ultimate disposition data including the date of disposal and sale price of the property.
ii. A physical inventory of the property must be taken and the results reconciled with the
property records at least once every two years.
iii. A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft must be investigated.
iv. Adequate maintenance procedures must be developed to keep the property in good
condition.
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v. If the non-Federal entity is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
e. Requirements for RTP Subawards.
i. The subrecipient (Sponsor) shall follow such policies and procedures prescribed by and
allowed by the State, as well as federal law and federal rules issued by the Federal Highways
Administration and 2 CFR 200.
19. RIGHT OF INSPECTION.
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other
authorized agent or official of the state of Washington or the federal government, at all reasonable
times, in order to monitor and evaluate performance, long-term obligations, compliance, and/or quality
assurance under this Agreement. If a landowner agreement or other form of control and tenure limits
access to the project area, it must include (or be amended to include) the RCO’s right to inspect and
access lands acquired or developed with this funding assistance.
20. STEWARDSHIP AND MONITORING.
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and
manuals, this Agreement, or as otherwise directed by RCO consistent with the existing laws and
applicable manuals. Sponsor further agrees to utilize, where applicable and financially feasible, any
monitoring protocols recommended by the RCO; provided that RCO does not represent that any
monitoring it may recommend will be adequate to reasonably assure project performance or safety. It
is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for
such purposes.
21. PREFERENCES FOR RESIDENTS.
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence
(including preferential reservation, membership, and/or permit systems) except that reasonable
differences in admission and other fees may be maintained on the basis of residence. Fees for
nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents,
but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be
imposed on residents at comparable state or local public facilities.
22. ACKNOWLEDGMENT AND SIGNS.
a. Publications. The Sponsor shall include language which acknowledges the funding contribution
of the applicable grant program to this project in any release or other publication developed or
modified for, or referring to, the project during the project period and in the future.
b. Signs.
i. During the period of performance through the period of long-term obligation, the Sponsor
shall post openly visible signs or other appropriate media at entrances and other locations
on the project area that acknowledge the applicable grant program's funding contribution,
unless waived by the director; and
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ii. During the period of long-term obligations, the Sponsor shall post openly visible signs or
other appropriate media at entrances and other locations to notify the public of the
availability of the site for reasonable public access.
c. Ceremonies. The Sponsor shall notify RCO no later than two weeks before a dedication
ceremony for this project. The Sponsor shall verbally acknowledge the applicable grant
program’s funding contribution at all dedication ceremonies and in all advertisements and
mailings thereof, and any and all of its related digital media publications.
d. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid
solicitations, and other documents describing a project funded in whole or in part with federal
money provided for in this grant, Sponsors shall clearly state:
i. The fund source;
ii. The percentage of the total costs of the project that is financed with federal money;
iii. The dollar amount of federal funds for the project; and
iv. The percentage and dollar amount of the total costs of the project that is financed by
nongovernmental sources.
23. PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION, AND RESTORATION
PROJECTS.
a. The following provisions shall be in force:
i. Operations and Maintenance. Properties, structures, and facilities developed, maintained,
or operated with the assistance of money granted per this Agreement and within the
project area shall be built, operated, and maintained according to applicable regulations,
laws, building codes, and health and public safety standards to assure a reasonably safe
condition and to prevent premature deterioration. It is the Sponsor’s sole responsibility to
ensure the same are operated and maintained in a safe and operable condition. The RCO
does not conduct safety inspections or employ or train staff for that purpose.
ii. Document Review and Approval. Prior to commencing construction or finalizing the design,
the Sponsor agrees to submit one copy of all construction and restoration plans and
specifications to RCO for review solely for compliance with the scope of work to be
identified in the Agreement. RCO does not review for, and disclaims any responsibility to
review for safety, suitability, engineering, compliance with code, or any matters other than
the scope so identified. Although RCO staff may provide tentative guidance to a Sponsor on
matters related to site accessibility by persons with a disability, it is the Sponsor’s
responsibility to confirm that all legal requirements for accessibility are met even if the RCO
guidance would not meet such requirements.
b. Change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the RCO must receive prior written approval of the RCO.
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c. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term
fee simple ownership, or landowner agreement or interagency agreement for the land proposed
for construction, renovation, or restoration. The documentation must meet current RCO
requirements identified in this Agreement as of the effective date of this Agreement unless
otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO.
d. Use of Best Management Practices. Sponsors are encouraged to use best management practices
including those developed as part of the Washington State Aquatic Habitat Guidelines (AHG)
Program. AHG documents include “Integrated Streambank Protection Guidelines”, 2002; “Land
Use Planning for Salmon, Steelhead and Trout: A land use planner’s guide to salmonid habitat
protection and recovery”, 2009”, “Protecting Nearshore Habitat and Functions in Puget Sound”,
2010; “Stream Habitat Restoration Guidelines”, 2012; “Water Crossing Design Guidelines”, 2013;
and “Marine Shoreline Design Guidelines”, 2014. These documents, along with new and
updated guidance documents, and other information are available on the AHG Web site.
Sponsors are also encouraged to use best management practices developed by the Washington
Invasive Species Council (WISC) described in “Reducing Accidental Introductions of Invasive
Species” which is available on the WISC Web site.
e. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that
unreasonably puts the public, itself, or others at risk of injury or property damage. The Sponsor
agrees and acknowledges that the Sponsor is solely responsible for safety and risk associated
with the project, that RCO does not have expertise, capacity, or a mission to review, monitor, or
inspect for safety and risk, that no expectation exists that RCO will do so, and that RCO is in no
way responsible for any risks associated with the project.
24. PROVISIONS APPLYING TO ACQUISITION PROJECTS.
a. The following provisions shall be in force:
i. Evidence of Land Value. Before disbursement of funds by RCO as provided under this
Agreement, the Sponsor agrees to supply documentation acceptable to RCO that the cost of
the property rights acquired has been established according to all applicable manuals and
RCWs or WACs.
ii. Evidence of Title. The Sponsor agrees to provide documentation that shows the type of
ownership interest for the property that has been acquired. This shall be done before any
payment of financial assistance.
iii. Legal Description of Real Property Rights Acquired. The legal description of any real property
rights purchased with funding assistance provided through this Agreement (and protected
by a recorded conveyance of rights to the State of Washington) shall be delivered to RCO
before final payment.
iv. Conveyance of Rights to the State of Washington. When real property rights (both fee
simple and lesser interests) are acquired, the Sponsor agrees to execute an appropriate
document (provided or approved by RCO) conveying certain rights and responsibilities to
RCO or the Funding Entity on behalf of the State of Washington or another agency of the
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state, or federal agency, or other organization. These documents include a Deed of Right,
Assignment of Rights, Easements and/or Leases as described below. The Sponsor agrees to
use document language provided by RCO, to record the executed document in the County
where the real property lies, and to provide a copy of the recorded document to RCO. The
document required will vary depending on the project type, the real property rights being
acquired and whether or not those rights are being acquired in perpetuity.
v. Deed of Right. The Deed of Right as described in RCO Manual #3 conveys to the people of
the state of Washington the right to preserve, protect, access, and/or use the property for
public purposes consistent with the funding source and project agreement. Sponsors shall
use this document when acquiring real property rights that include the underlying land. This
document may also be applicable for those easements where the Sponsor has acquired a
perpetual easement for public purposes.
vi. Assignment of Rights. The Assignment of Rights as described in RCO Manual #3 document
transfers certain rights to RCO and the state such as public access, access for compliance,
and enforcement. Sponsors shall use this document when an easement or lease is being
acquired under this Agreement. The Assignment of Rights requires the signature of the
underlying landowner and must be incorporated by reference in the easement document.
vii. Easements and Leases. The Sponsor may incorporate required language from the Deed of
Right or Assignment of Rights directly into the easement or lease document, thereby
eliminating the requirement for a separate document. Language will depend on the
situation; Sponsor must obtain RCO approval on the draft language prior to executing the
easement or lease.
viii. Real Property Acquisition and Relocation Assistance. In the event that housing and
relocation costs and procedures are required by local, state, tribal, or federal law, or rule;
the Sponsor agrees to provide such housing and relocation assistance as a condition of the
Agreement and receiving grant funds.
b. Buildings and Structures. In general, grant funds are to be used for outdoor recreation,
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures.
Sponsor must consult with RCO regarding treatment of such structures and compliance with
COMPLIANCE WITH APPLICABLE LAW SECTION, Archeological and Cultural Resources paragraph.
c. Hazardous Substances.
i. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit
of the proposed acquisition site for the presence of hazardous substances, as defined in
RCW 70.105D.020(13), and certify:
ii. No hazardous substances were found on the site, or
iii. Any hazardous substances found have been treated and/or disposed of in compliance
with applicable state and federal laws, and the site deemed “clean.”
iv. Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities
regarding hazardous substances as set forth in RCW 70.105D.
v. Hold Harmless. The Sponsor will defend, protect and hold harmless the State and any
and all of its employees and/or agents, from and against any and all liability, cost
(including but not limited to all costs of defense and attorneys' fees) and any and all loss
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of any nature from any and all claims or suits resulting from the presence of, or the
release or threatened release of, hazardous substances on the property the Sponsor is
acquiring, except to the extent, if any, that the State, its officers and agents caused or
contributed to the release . The Funding Entity and RCO are included within the term
State, as are all other agencies, departments, boards, councils, committees, divisions,
bureaus, offices, societies, or other entities of state government.
d. Requirements for Federal Subawards. The non-federal entity (Sponsor) must submit reports the
federal funding agency, through RCO, at least annually on the status of real property in which
the federal government retains an interest, unless the federal interest in the real property
extends 15 years or longer. In those instances where the federal interest attached is for a period
of 15 years or more, the federal awarding agency or the pass-through entity (RCO), at its option,
may require the Sponsor to report at various multi-year frequencies (e.g., every two years or
every three years, not to exceed a five-year reporting period; or a federal awarding agency or
RCO may require annual reporting for the first three years of a federal award and thereafter
require reporting every five years) (2 C.F.R § 200.329 (2013)).
e. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the
property acquired it shall do so within the timeline and deadline provided by the funding
program or board policies that apply to the grant funded project, or as provided for in this
Agreement.
25. LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS.
a. Long-Term Obligations. This section applies to completed projects only.
b. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof,
unless otherwise allowed by applicable manual, policy, program rules, or this Agreement, or
approved in writing by RCO. The RCO requires that the project area continue to function for the
purposes for which these grant funds were approved, in perpetuity.
c. Conversion. The Sponsor shall not at any time convert any real property (including any interest
therein) or facility acquired, developed, renovated, and/ or restored pursuant to this
Agreement, unless provided for in applicable statutes, rules, and policies. Conversion includes,
but is not limited to, putting such property (or a portion of it) to uses other than those purposes
for which funds were approved or transferring such property to another entity without prior
approval via a written amendment to the Agreement. All real property or facilities acquired,
developed, renovated, and/or restored with funding assistance shall remain in the same
ownership and in public use/access status in perpetuity unless otherwise expressly provided in
the Agreement or applicable policies or unless a transfer or change in use is approved by the
RCO through an amendment. Failure to comply with these obligations is a conversion. Further, if
the project is subject to operation and or maintenance obligations, the failure to comply with
such obligations, without cure after a reasonable period as determined by the RCO, is a
conversion. Determination of whether a conversion has occurred shall be based upon all terms
of the Agreement, and all applicable state of federal laws or regulation.
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i. For acquisition projects that are expressly term-limited in the Agreement, the restriction on
conversion shall apply only for the length of the term, unless otherwise provided by this
Agreement and incorporated documents, WACs, or any applicable state or federal law or
regulation.
ii. When a conversion has been determined to have occurred, the Sponsor shall remedy the
conversion as set forth in this Agreement (with incorporated documents) and as required by
all applicable policies, manuals, WACs and laws that exist at the time the remedy is
implemented or the right to the remedy is established by a court or other decision-making
body, and the RCO may pursue all remedies as allowed by the Agreement or law.
26. CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS.
a. The following provisions shall be in force for this agreement:
i. Property and facility operation and maintenance. Sponsor must ensure that properties or
facilities assisted with the grant funds, including undeveloped sites, are built, operated,
used, and maintained:
a. According to applicable federal, state, and local laws and regulations, including
public health standards and building codes;
b. In a reasonably safe condition for the project’s intended use;
c. Throughout its estimated useful service life so as to prevent undue deterioration;
d. In compliance with all federal and state nondiscrimination laws, regulations and
policies.
ii. Open to the public. Unless otherwise specifically provided for in the Agreement, and in
compliance with applicable statutes, rules, and applicable WACs and manuals, facilities must
be open and accessible to the general public, and must:
a. Be constructed, maintained, and operated to meet or exceed the minimum
requirements of the most current guidelines or rules, local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to: the
International Building Code, the Americans with Disabilities Act, and the
Architectural Barriers Act, as amended and updated.
b. Appear attractive and inviting to the public except for brief installation,
construction, or maintenance periods.
c. Be available for appropriate use by the general public at reasonable hours and times
of the year, according to the type of area or facility, unless otherwise stated in RCO
manuals or, by a decision of the RCO director in writing. Sponsor shall notify the
public of the availability for use by posting and updating that information on its
website and by maintaining at entrances and/or other locations openly visible signs
with such information.
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27. RECORDED NOTICE OF GRANT.
At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant
on property subject to this Agreement and shall submit to the RCO a recorded and registry stamped
copy of such notice. The purpose of the notice of grant is to provide constructive notice of the grant and
project and to ensure that the present and future use of the project area is and shall remain subject to
the terms and conditions described in this Agreement. The notice of grant shall be in a format specified
by RCO.
28. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS.
a. A corporate Sponsor, including any nonprofit Sponsor, shall:
i. Maintain corporate status with the state, including registering with the Washington
Secretary of State’s office, throughout the Sponsor’s obligation to the project as identified in
the Agreement.
ii. Notify RCO before corporate dissolution at any time during the period of performance or
long-term obligations. Within 30 days of dissolution the Sponsor shall name a qualified
successor that will agree in writing to assume any on-going project responsibilities, and
transfer all property and assets to the successor. A qualified successor is any party eligible to
apply for funds in the subject grant program and capable of complying with the terms and
conditions of this Agreement. RCO will process an amendment transferring the Sponsor’s
obligation to the qualified successor if requirements are met.
iii. Maintain sites or facilities open to the public and may not limit access to members.
29. PROVISIONS FOR FEDERAL SUBAWARDS.
The following provisions shall be in force for this agreement:
a. Sub-Recipient (Sponsor) must comply with the cost principles of 2 C.F.R. Part 200 Subpart E
(2013). Unless otherwise indicated, the cost principles apply to the use of funds provided under
this Agreement to include match and any in-kind matching donations. The applicability of the
cost principles depends on the type of organization incurring the costs.
b. Binding Official. Per 2 CFR 200.415, Sponsor certifies through its actions or those of authorized
staff, at the time of a request for reimbursement, the following: “To the best of my knowledge
and belief that the report is true, complete, and accurate, and the expenditures, disbursements
and cash receipts are for the purposes and objectives set forth in the terms and conditions of
the Federal award. I am aware that any false, fictitious, or fraudulent information, or the
omission of any material fact, may subject me to criminal, civil or administrative penalties for
fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31,
Sections 3729-3730 and 3801-3812).”
c. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in
accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319,
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12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing
regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, paragraph C.
d. Federally Assisted Construction Contract. The regulation at 41 C.F.R. § 60-1.3 defines a
“federally assisted construction contract” as any agreement or modification thereof between
any applicant and a person for construction work which is paid for in whole or in part with funds
obtained from the Government or borrowed on the credit of the Government pursuant to any
Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee,
or any application or modification thereof approved by the Government for a grant, contract,
loan, insurance, or guarantee under which the applicant itself participates in the construction
work.
e. Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the
construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings,
highways, or other changes or improvements to real property, including facilities providing
utility services. The term also includes the supervision, inspection, and other onsite functions
incidental to the actual construction.
f. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities
(Sponsors) must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-
3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In
accordance with the statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a wage determination made
by the Secretary of Labor. In addition, contractors must be required to pay wages not less than
once a week. The non-federal entity (Sponsor) must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation. The decision to award a
contract or subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity (Sponsor) must report all suspected or reported violations to the federal
awarding agency identified in the Federal Fund Information Section. The contracts must also
include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U. S. C. 3145), as
supplemented by Department of Labor regulations (29 C.F.R Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). The Act provides that each contractor or subrecipient (Sponsor)
must be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public work, to give up any part of the compensation to which he or she
is otherwise entitled. The non-Federal entity (Sponsor) must report all suspected or reported
violations to the Federal awarding agency identified in Section H: FEDERAL FUND
INFORMATION.
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g. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all
contracts awarded by the non-federal entity (Sponsor) in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
h. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 C.F.R § 401.2(a) and the recipient or subrecipient
(Sponsor) wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
(Sponsor) must comply with the requirements of 37 C.F.R Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
i. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387), as Amended. Contracts and subgrants of amounts in excess of $150,000 must
contain a provision that requires the non-Federal award to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency identified in Section H: FEDERAL FUND INFORMATION
and the Regional Office of the Environmental Protection Agency (EPA).
j. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). By signing this Agreement, the Sponsor
certifies (per the certification requirements of 31 U.S.C.) that none of the funds that the Sponsor
has (directly or indirectly) received or will receive for this project from the United States or any
agency thereof, have been used or shall be used to engage in the lobbying of the Federal
Government or in litigation against the United States. Such lobbying includes any influence or
attempt to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this project.
Contractors that apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
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with non-federal funds that takes place in connection with obtaining any federal award. Such
disclosures are forwarded from tier-to-tier up to the non-federal award.
k. Procurement of Recovered Materials. A non-federal entity (Sponsor) that is a state agency or
agency of a political subdivision of a state and its contractors must comply with section 6002 of
the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R part 247 that contain the highest percentage
of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
l. Required Insurance. The non-federal entity (Sponsor) must, at a minimum, provide the
equivalent insurance coverage for real property and equipment acquired or improved with
federal funds as provided to property owned by the non-federal entity. Federally-owned
property need not be insured unless required by the terms and conditions of the Federal award
(2 C.F.R § 200.310 (2013)).
m. Debarment and Suspension (Executive Orders 12549 and 12689). The Sponsor must not award a
contract to parties listed on the government-wide exclusions in the System for Award
Management (SAM), in accordance with the Office of Management and Budget (OMB)
guidelines at 2 C.F.R § 180 that implement Executive Orders 12549 (3 C.F.R part 1986 Comp., p.
189) and 12689 (3 C.F.R part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
n. Conflict of Interest. Sponsor agrees to abide by the conflict of interest policy and requirements
of the federal funding agency established pursuant to 2 C.F.R 200.
30. PROVISIONS FOR BOATING INFRASTRUCTURE GRANTS.
Use of Sport Fish Restoration Logo. Per 50 CFR 86 Sec 75 and 76, the user of the logo must indemnify
and defend the United States and hold it harmless from any claims, suits, losses, and damages from; any
allegedly unauthorized use of any patent, process, idea, method, or device by the user in connection
with its use of the logo, or any other alleged action of the user; and any claims, suits, losses, and
damages arising from alleged defects in the articles or services associated with the logo. No one may use
any part of the logo in any other manner unless the United States Fish and Wildlife Service’s Assistant
Director for Wildlife and Sport Fish Restoration or Regional Director approves in writing.
31. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS.
The following provisions shall be in force for this agreement:
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a. Liability Insurance. The Sponsor of a firearms or archery range recreation project shall procure
an endorsement, or other addition, to liability insurance it carries, or shall procure a new policy
of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will
have resources to pay successful claims of people who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by
reason of being in the vicinity of that facility; provided that the coverage shall be at least one
million dollars ($1,000,000) for the death of, or injury to, each person.
b. Insurance Endorsement. The liability insurance policy, including any endorsement or addition,
shall name Washington State, the funding board, and RCO as additional insured and shall be in a
form approved by the funding board or director.
c. Length of Insurance. The policy, endorsement or other addition, or a similar liability insurance
policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's
obligation to the project as identified in this Agreement.
d. Notice of Cancellation. The policy, as modified by any endorsement or other addition, shall
provide that the issuing company shall give written notice to RCO not less than thirty (30)
calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the Sponsor.
e. Government Agencies. The requirement of Subsection a through d above shall not apply if the
Sponsor is a federal, state, or municipal government which has established an adequate
program of self-insurance or a policy of self-insurance with respect to claims arising from its
facilities or activities generally, including such facilities as firearms or archery ranges, when the
applicant declares and describes that program or policy to the RCO.
f. Sole Duty of the Sponsor. By this requirement, the funding board and RCO does undertake to
review, approve, or monitor the safety of the design, construction, or operation of the project
and does not assume any duty to any individual person with respect to death, injury, or damage
to property which that person may suffer as a result of the project which this grant relates. Any
such person, or any other person making claims based on such death, injury, or damage, must
look to the Sponsor, or others, for any and all remedies that may be available by law.
32. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS.
This project has been approved by the National Park Service, US Department of the Interior, for funding
assistance from the federal Land and Water Conservation Fund (LWCF), therefore the “Land and Water
Conservation Fund General Provisions” are made part of this Agreement and incorporated herein. The
Sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist
or are hereafter amended. Further, the Sponsor agrees to provide RCO with reports or documents
needed to meet the requirements of the LWCF General Provisions.
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33. PROVISIONS FOR FARMLAND AND FORESTLAND PRESERVATION PROJECTS.
The following sections of this Agreement shall not apply if they are included and covered separately in a
recorded RCO-approved Agricultural Conservation Easement, or Forest Conservation Easement (or other
method):
a. Income and Income Use; Stewardship and Monitoring; Acknowledgement and Signs; Provisions
Applying To Acquisition Projects: Conveyance of Rights to the State of Washington, Building and
Structures, and Hazardous Substances; Long-Term Obligations of the Projects and Sponsors:
Perpetuity; and Construction, Operation, Use and Maintenance of Assisted Projects.
34. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS.
For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the
Sponsor shall not commence with clearing of riparian trees or in-water work unless either the Sponsor
has complied with 50 C.F.R. § 223.203 (b)(8) (2000), limit 8 or until an Endangered Species Act
consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of
this requirement may be grounds for terminating this Agreement. This section shall not be the basis for
any enforcement responsibility by RCO.
35. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS.
The following provisions shall be in force for this Agreement if the project is funded in part or wholly
from the Puget Sound Acquisition and Restoration program. The Sponsor agrees to the following terms
and conditions:
a. Cost Principles/Indirect Costs For State Agencies. GRANT RECIPIENT agrees to comply with the
cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the US
Environmental Protection Agency’s General Terms and Conditions “Indirect Cost Rate
Agreements,” if the recipient does not have a previously established indirect cost rate, it agrees
to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII.
b. Credit and Acknowledgement. In addition to the ACKNOWLEDGEMENT AND SIGNS section,
materials produced must display both the Environmental Protection Agency (EPA) and Puget
Sound Partnership (PSP) logos and the following credit line: "This project has been funded
wholly or in part by the United States Environmental Protection Agency. The contents of this
document do not necessarily reflect the views and policies of the Environmental Protection
Agency, nor does mention of trade names or commercial products constitute endorsement or
recommendation for use.” This requirement is for the life of the product, whether during or
after the Agreement period of performance.
c. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference, meeting, convention,
or training space funded in whole or part with federal funds, complies with the federal Hotel
and Motel Fire Safety Act (PL 101-391, as amended). Sponsors may search the Hotel-Motel
National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in
compliance or to find other information about the Act.
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d. Drug Free Workplace Certification. Sub-recipient (Sponsor) shall make an ongoing, good faith
effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2
C.F.R. Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient
organization shall identify all known workplaces under its federal awards, and keep this
information on file during the performance of the award. Sponsors who are individuals must
comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. The consequences
for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E.
e. Management Fees. Management fees or similar charges in excess of the direct costs and
approved indirect rates are not allowable. The term “management fees or similar charges”
refers to the expenses added to direct costs in order to accumulate and reserve funds for
ongoing business expenses, unforeseen liabilities or for other similar costs that are not
allowable. Management fees or similar charges may not be used to improve or expand the
project funded under this Agreement, except for the extent authorized as a direct cost of
carrying out the scope of work.
f. Trafficking in Persons and Trafficking Victim Protection Act of 2000 (TVPA). This provision applies
only to a sub-recipient (Sponsor), and all sub-awardees of sub-recipient (Sponsor), if any. Sub-
recipient (Sponsor) shall include the following statement in all sub-awards made to any private
entity under this Agreement: “You as the sub-recipient, your employees, sub-awardees under
this award, and sub-awardees’ employees may not engage in severe forms of trafficking in
persons during the period of time that the award is in effect; procure a commercial sex act
during the period of time that the award is in effect; or use forced labor in the performance of
the award or sub-awards under this Award.” The sub-recipient (Sponsor), and all sub-awardees
of sub-recipient (Sponsor) must inform RCO immediately of any information you receive from
any source alleging a violation of this prohibition during the award term. The federal agency
funding this Agreement may unilaterally terminate, without penalty, the funding award if this
prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as
amended.
g. Lobbying. The chief executive officer of this recipient agency (Sponsor) shall ensure that no
grant funds awarded under this Agreement are used to engage in lobbying of the Federal
Government or in litigation against the United States, unless authorized under existing law. The
recipient (Sponsor) shall abide by its respective Cost Principles (OMB Circulars A-21, A-87, and A-
122), which generally prohibits the use of federal grant funds for litigation against the United
States, or for lobbying or other political activities. The Sponsor agrees to comply with 40 C.F.R.
Part 34, New Restrictions on Lobbying. Sponsor shall include the language of this provision in
award documents for all sub-awards exceeding $100,000, and require that sub-awardees submit
certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying
Amendment, any Sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails
to file the required certification or lobbying forms shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each expenditure. All contracts awarded by
Sponsor shall contain, when applicable, the anti-lobbying provisions as stipulated in the
Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, Sponsor
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affirms that it is not a non-profit organization described in Section 501(c)(4) of the Internal
Revenue Code of 1986; or that it is a non-profit organization described in Section 501(c)(4) of
the code but does not and will not engage in lobbying activities as defined in Section 3 of the
Lobbying Disclosure Act.
h. Reimbursement Limitation. If the Sponsor expends more than the amount of RCO funding in this
Agreement in anticipation of receiving additional funds from the RCO, it does so at its own risk.
RCO is not legally obligated to reimburse the Sponsor for costs incurred in excess of the RCO
approved budget.
i. Disadvantaged Business Enterprise Requirements. The Sponsor agrees to comply with the
requirements of EPA’s Utilization of Small, Minority and Women’s Business Enterprises in
procurements made under this award.
j. Minority and Women’s Business Participation. Sponsor agrees to solicit and recruit, to the
maximum extent possible, certified minority owned (MBE) and women owned (WBE) businesses
in purchases and contracts initiated after the effective date of this Agreement.<br><br> These
goals are expressed as a percentage of the total dollars available for purchase or agreement and
are as follows: Purchased Goods 8% MBE 4% WBE; Purchased Services 10% MBE 4% WBE;
Professional Services 10% MBE 4% WBE. Meeting these goals is voluntary and no agreement
award or rejection shall be made based on achievement or non-achievement of the goals.
Achievement of the goals is encouraged, however, and Sponsor and ALL prospective bidders or
people submitting qualifications shall take the following affirmative steps in any procurement
initiated after the effective date of this Agreement:
i. Include qualified minority and women’s businesses on solicitation lists.
ii. Assure that qualified minority and women’s business are solicited whenever they are
potential sources of services or supplies.
iii. Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women’s
businesses.
iv. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women’s businesses.
v. Use the services and assistance of the State Office of Minority and Women’s Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
k. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502, signed
November 8, 2013, DBE reporting is limited to annual reports and only required for assistance
agreements where one or more the following conditions are met:
l. There are any funds budgeted in the contractual/services, equipment or construction lines of
the award; and/or $3,000 or more is included for supplies; or there are funds budgeted for
subawards or loans in which the expected budget(s) meet the conditions as described in items
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(a) and (b). When completing the form, recipients (Sponsors) should disregard the quarterly and
semi-annual boxes in the reporting period Section 1B of the form. For annual submissions, the
reports are due by October 30th of each year or 90 days after the end of the project period,
whichever comes first. The reporting requirement is based on planned procurements. Recipients
(Sponsors) with funds budgeted for non-supply procurement and/or $3,000 or more in supplies
are required to report annually whether the planned procurements take place during the
reporting period or not. If no procurements take place during the reporting period, the recipient
should check the box in Section 5B when completing the form. MBE/WBE reports should be sent
to the DBE Coordinator in the Sponsor’s region. Contact information can be found at
http://www.epa.gov/osbp/contactpage.htm. The coordinators also can answer any questions.
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant
ends. To be in compliance with regulations, the Sponsor must submit a final MBE/WBE report.
Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-
52A can be found at the EPA Office of Small Business Program’s Home Page at
http://www.epa.gov/osbp/dbe_reporting.htm.
m. Procurement involving an EPA Financial Assistance Agreement. Pursuant to 40 C.F.R. § 33.301,
the Sponsor agrees to make the following six good faith efforts whenever procuring
construction, equipment, services and supplies under an EPA financial assistance agreement,
and to require that sub-recipients (Sponsors), and prime contractors also comply. Records
documenting compliance with the six good faith efforts shall be retained.
n. Ensure Disadvantaged Business Enterprise (DBEs) are made aware of contracting opportunities
to the fullest extent practicable through outreach and recruitment activities. For State and Local
and Government Sponsors, this will include placing DBEs on solicitation lists and soliciting them
whenever they are potential sources.
o. Make information on forthcoming opportunities available to DBEs and arrange time frames for
contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
p. Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For State and local Government Sponsors, this will include dividing total
requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by DBEs in the competitive process.
q. Encourage contracting with a consortium of DBEs when an agreement is too large for one of
these firms to handle individually.
r. Use the services and assistance of the Small Business Administration (SBA) and the Minority
Business Development of the Department of Commerce.
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s. If the Sponsor awards subcontracts, require the Sponsor to take the steps in paragraphs (a)
through (e) of this section.
t. Lobbying & Litigation. By signing this Agreement, the Sponsor certifies that none of the funds
received from this Agreement shall be used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized under existing law. The
chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under
this Agreement are used to engage in lobbying of the Federal Government or in litigation against
the United States unless authorized under existing law. The Sponsor shall abide by its respective
Attachment in 2 C.F.R. Part 200, which prohibits the use of federal grant funds for litigation
against the United States or for lobbying or other political activities. For subawards exceeding
$100,000, EPA requires the following certification and disclosure forms:
I. Certification Regarding Lobbying, EPA Form 6600-06:
http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf
II. Disclosure of Lobbying Activities, SF LLL:
http://www.epa.gov/ogd/AppKit/form/sflllin_sec.pdf
u. Legal expenses required in the administration of Federal programs are allowable. Legal expenses
for prosecution of claims against the Federal Government are unallowable.
v. Payment to Consultants. EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients (Sponsors) or by a recipients’ (Sponsor’s)
contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the
Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation
services of designated individuals with specialized skills who are paid at a daily or hourly rate.
This rate does not include transportation and subsistence costs for travel performed (the
recipient will pay these in accordance with his/her normal travel reimbursement practices).
Subagreements with firms for services that are awarded using the procurement requirements in
40 C.F.R. Parts 30 or 31, are not affected by this limitation unless the terms of the contract
provide the recipient (Sponsor) with responsibility for the selection, direction and control of the
individual who will be providing services under the contract at an hourly or daily rate of
compensation. See 40 C.F.R. § 30.27(b) or 40 C.F.R. § 31.369(j), as applicable, for additional
information. As of January 1, 2020, the limit is $654.71 per day $81.83 per hour.
w. Peer Review. Where appropriate, prior to finalizing any significant technical products the
Principal Investigator (PI) of this project must solicit advice, review, and feedback from a
technical review or advisory group consisting of relevant subject matter specialists. A record of
comments and a brief description of how respective comments are addressed by the PI will be
provided to the Project Monitor prior to releasing any final reports or products resulting from
the funded study.
x. International Travel (Including Canada). All International Travel must be approved by the US
Environmental Protection Agency’s Office of International and Tribal Affairs (OITA) BEFORE
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travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires
OITA approval. Please contact your Partnership Project manager as soon as possible if travel is
planned out of the country, including Canada and/or Mexico, so that they can submit a request
to the EPA Project Officer if they approve of such travel.
y. Unliquidated Obligations (ULO). Sub-recipients, and all sub-awardees of Sub-Recipients, if any,
should manage their agreement and subaward funding in ways that reduce the length of time
that federal funds obligated and committed to subaward projects are unspent (not yet drawn
down through disbursements to sub-recipients and sub-awardees).
z. Light Refreshments And/Or Meals.
Unless the event(s) and all of its components are described n the approved workplan, the
recipient agrees to obtain prior approval from EPA for the use of grant funds for light
refreshments and/or meals served at meetings, conferences, training workshops, and
outreach activities (events). The recipient must send requests for approval to the EPA
Project Officer and include:
1) An estimated budget and description for the light refreshments, meals, and/or
beverages to be served at the event(s);
2) A description of the purpose, agenda, location, length and timing for the event; and,
3) An estimated number of participants in the event and a description of their roles.
Cost for light refreshments and meals for recipient staff meetings and similar day-to-day
activities are not allowable under EPA assistance agreements.
aa. State grant cybersecurity.
(a) The recipient agrees that when collecting and managing environmental data under this
assistance agreement, it will protect the data by following all applicable State law
cybersecurity requirements.
(b) (1) EPA must ensure that any connections between the recipient’s network or
information system and EPA networks used by the recipient to transfer data under this
agreement, are secure.
(2) The recipient agrees that any subawards it makes under this agreement will require
the subrecipient to comply with the requirements in (b)(1) if the subrecipient’ s network
or information system is connected to EPA networks to transfer data to the AGecy using
systems other than the Environmental Information Exchange Network or EPA’s Central
Data Exchange.
36. ORDER OF PRECEDENCE.
a. This Agreement is entered into, pursuant to, and under the authority granted by applicable
federal and state laws. The provisions of the Agreement shall be construed to conform to those
laws. In the event of a direct and irreconcilable conflict between the terms of this Agreement
and any applicable statute, rule, or policy or procedure, the conflict shall be resolved by giving
precedence in the following order:
i. Federal law and binding executive orders;
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ii. Code of federal regulations;
iii. Terms and conditions of a grant award to the state from the federal government;
iv. Federal grant program policies and procedures adopted by a federal agency that are
required to be applied by federal law;
v. State Constitution, RCW, and WAC;
vi. Agreement Terms and Conditions and Applicable Manuals
vii. Applicable deed restrictions, and/or governing documents.
37. LIMITATION OF AUTHORITY.
Only RCO’s Director or RCO’s delegate authorized in writing (delegation to be made prior to action) shall
have the authority to alter, amend, modify, or waive any clause or condition of this Agreement;
provided that any such alteration, amendment, modification, or waiver of any clause or condition of this
Agreement is not effective or binding unless made as a written amendment to this Agreement and
signed by the RCO Director or delegate.
38. WAIVER OF DEFAULT.
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach
of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent
breach and shall not be construed to be a modification of the terms of the Agreement unless stated to
be such in writing, signed by the director, or the director’s designee, and attached as an amendment to
the original Agreement.
39. APPLICATION REPRESENTATIONS – MISREPRESENTATIONS OR INACCURACY OR BREACH.
The Funding Entity (if different from RCO) and RCO rely on the Sponsor’s application in making its
determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation,
error or inaccuracy in any part of the application may be deemed a breach of this Agreement.
40. SPECIFIC PERFORMANCE.
RCO may enforce this Agreement by the remedy of specific performance, which means Sponsors’
completion of the project and/or its completion of long-term obligations as described in this Agreement.
However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO.
No remedy available to the RCO shall be deemed exclusive. The RCO may elect to exercise any, a
combination of, or all of the remedies available to it under this Agreement, or under any provision of
law, common law, or equity, including but not limited to seeking full or partial repayment of the grant
amount paid and damages.
41. TERMINATION AND SUSPENSION.
a. The RCO requires strict compliance by the Sponsor with all the terms of this Agreement
including, but not limited to, the requirements of the applicable statutes, rules, and RCO
policies, and with the representations of the Sponsor in its application for a grant as finally
approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §
200.340.
b. For Cause.
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i. The RCO director may suspend or terminate the obligation to provide funding to the
Sponsor under this Agreement:
a. If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
b. If the Sponsor fails to make progress satisfactory to the RCO director toward
completion of the project by the completion date set out in this Agreement.
Included in progress is adherence to milestones and other defined deadlines; or
c. If the primary and secondary Sponsor(s) cannot mutually agree on the process and
actions needed to implement the project;
d. Prior to termination, the RCO shall notify the Sponsor in writing of the opportunity
to cure. If corrective action is not taken within 30 days or such other time period
that the director approves in writing, the Agreement may be terminated. In the
event of termination, the Sponsor shall be liable for damages or other relief as
authorized by law and/or this Agreement.
ii. RCO reserves the right to suspend all or part of the Agreement, withhold further payments,
or prohibit the Sponsor from incurring additional obligations of funds during the
investigation of any alleged breach and pending corrective action by the Sponsor, or a
decision by the RCO to terminate the Contract.
c. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10) days
written notice, beginning on the second day after the mailing, terminate this Agreement, in
whole or in part when it is in the best interest of the state. If this Agreement is so terminated,
RCO shall be liable only for payment required under the terms of this Agreement prior to the
effective date of termination. A claimed termination for cause shall be deemed to be a
"Termination for Convenience" if it is determined that:
i. The Sponsor was not in default; or
ii. Failure to perform was outside Sponsor’s control, fault or negligence.
d. Rights of Remedies of the RCO.
i. The rights and remedies of RCO provided in this Agreement are not exclusive and are in
addition to any other rights and remedies provided by law.
ii. In the event this Agreement is terminated by the director, after any portion of the grant
amount has been paid to the Sponsor under this Agreement , the director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were
derived. However, any repayment shall be limited to the extent it would be inequitable and
represent a manifest injustice in circumstances where the project will fulfill its fundamental
purpose for substantially the entire period of performance and of long-term obligation.
iii. Non-Availability of Funds. The obligation of the RCO to make payments is contingent on the
availability of state and federal funds through legislative appropriation and state allotment.
If amounts sufficient to fund the grant made under this Agreement are not appropriated to
RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be
obligated to pay any remaining unpaid portion of this grant unless and until the necessary
action by the Legislature or the Office of Financial Management occurs. If RCO participation
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is suspended under this section for a continuous period of one year, RCO’s obligation to
provide any future funding under this Agreement shall terminate. Termination of the
Agreement under this section is not subject to appeal by the Sponsor.
iv. Suspension: The obligation of the RCO to manage contract terms and make payments is
contingent upon the state appropriating state and federal funding each biennium. In the
event the state is unable to appropriate such funds by the first day of each new biennium
RCO reserves the right to suspend the Agreement, with ten (10) days written notice, until
such time funds are appropriated. Suspension will mean all work related to the contract
must cease until such time funds are obligated to RCO and the RCO provides notice to
continue work.
v. No Waiver. The failure or neglect of RCO to require strict compliance with any term of this
Agreement or to pursue a remedy provided by this Agreement or by law shall not act as or
be construed as a waiver of any right to fully enforce all rights and obligations set forth in
this Agreement and in applicable state or federal law and regulations.
42. DISPUTE HEARING.
a. Except as may otherwise be provided in this Agreement , when a dispute arises between the
Sponsor and the RCO, which cannot be resolved, either party may request a dispute hearing
according to the process set out in this section. Either party’s request for a dispute hearing must
be in writing and clearly state:
i. The disputed issues;
ii. The relative positions of the parties;
iii. The Sponsor’s name, address, project title, and the assigned project number.
b. In order for this section to apply to the resolution of any specific dispute or disputes, the other
party must agree in writing that the procedure under this section shall be used to resolve those
specific issues. The dispute shall be heard by a panel of three persons consisting of one person
chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on, the persons chosen by
the Sponsor and director shall be dismissed and an alternate person chosen by the Sponsor, and
one by the director shall be appointed and they shall agree on a third person. This process shall
be repeated until a three person panel is established.
c. Any hearing under this section shall be informal, with the specific processes to be determined by
the disputes panel according to the nature and complexity of the issues involved. The process
may be solely based on written material if the parties so agree. The disputes panel shall be
governed by the provisions of this Agreement in deciding the disputes.
d. The parties shall be bound by the majority decision of the dispute panelists, unless the remedy
directed by that panel is beyond the authority of either or both parties to perform, as necessary,
or is otherwise unlawful.
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e. Request for a disputes hearing under this section by either party shall be delivered or mailed to
the other party. The request shall be delivered or mailed within thirty (30) days of the date the
requesting party has received notice of the action or position of the other party which it wishes
to dispute. The written agreement to use the process under this section for resolution of those
issues shall be delivered or mailed by the receiving party to the requesting party within thirty
(30) days of receipt by the receiving party of the request.
f. All costs associated with the implementation of this process shall be shared equally by the
parties.
43. ATTORNEYS’ FEES.
In the event of litigation or other action brought to enforce the terms of this Agreement each party
agrees to bear its own attorney fees and costs.
44. GOVERNING LAW/VENUE.
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington. In the event of a lawsuit involving this Agreement, venue shall be in Thurston County
Superior Court if legally proper; otherwise venue shall be in the Superior Court of a county where the
project is situated, if venue there is legally proper, and if not, in a county where venue is legally proper.
The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
Washington.
45. SEVERABILITY.
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the Agreement.
46. END OF AGREEMENT.
This is the end of the agreement.
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Amendments to Consultant Services Agreements for IT
Temporary Staff - Authorize
MOTION: I move to authorize the Mayor to sign contract amendments with
Protingent Inc., Robert Half International, Inc., and Viri Technology LLC to
increase the available contract funding for all IT temporary service
contracts by an additional $1,224,500.00 through December 31, 2021,
subject to final contract terms and conditions acceptable to the IT Director
and City Attorney.
SUMMARY: Protingent Inc., Scion Staffing Inc., and Viri Technology LLC are
staffing and recruitment agencies that specialize in placing information technology
professionals in project and contract-to-
through these Consultants.
During the original term of the Agreement from August 14, 2019, through
December 31, 2020, the Kent City Council established an overall budget of
$2,499,226.49 for all temporary staffing and placement of IT professionals provided
by these Consultants. This contract authorized temporary services with a variety of
consultants within this same budgetary amount. Each contract also authorized
extensions for successive one-year terms through the execution of future contract
amendments, subject to budgetary funding allocated by Council.
Through Amendment No. 1, the temporary IT staffing budget was increased by an
additional $1,250,000.00 through December 31, 2021, for an overall adjusted
budget of $3,749,226.49.
Through this Amendment No. 2, the City targets an increase to the temporary IT
staffing budget by an additional $1,224,500.00 through December 31, 2021, for an
adjusted 2021 budget $2,474,500.00, and an overall budget for 2019 - 2021 of
$4,973,726.49. IT will continue to monitor fees charged in relation to that collective
budgeted amount to ensure the amounts paid under all temporary consultant
contracts do not exceed the adjusted budget.
If authorized, funding for these contract amendments will be paid from the IT
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BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2021_Amendments No 2 to CSAs (PDF)
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AMENDMENT NO. 2
NAME OFCONSULTANT: Robert Half International, Inc.
CONTRACT NAME & PROJECT NUMBER:Temporary Staffing & Recruitment, #CAG2019-389
ORIGINAL AGREEMENT DATE:August 14, 2019
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments.All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendmentshall remain in full force
andeffect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1.Introduction.The specific tradenames referred to in the first paragraph of the
Agreement are deleted. Instead, introduction is replaced with the following:
THIS AGREEMENT is made between the City of Kent, a
Washington municipal corporation (hereinafter the “City”), and Robert
Half International Inc. organized under the laws of the State of
Delaware, located and doing business at 600 Union Street, Suite 4300,
Seattle, WA 98101, (800) 793-5533 (hereinafter the “Consultant”).
2.Compensation. Section III of the Agreement, entitled “Compensation,” is amended
toreplace it with the following:
III.COMPENSATION.
A.The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercised by the City and agreed upon
by the Consultant. During the original term of the Agreement
from August 14, 2019, through December 31, 2020, theKent City
Council established an overall budget of$2,499,226.49 for all
temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar
work.
Through Amendment No. 1, the temporary IT staffing budget was
increased by an additional $1,250,000.00 through December 31,
2021,for an adjusted budget of $3,749,226.49.
Through this Amendment No. 2, the Kent City Council increased
the temporary IT staffing budget by an additional $1,224,500.00
through December 31, 2021, for an adjusted budget of
$4,973,726.49, and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if Buubdinfou;!3132`Bnfoenfout!Op!3!up!DTBt!!)392:!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfout!gps!JU!Ufnqpsbsz!Tubgg!.!Bvuipsj{f*
AMENDMENT NO. 2 -1of3
(Robert Half International, Inc.)
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services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant’s services as provided for in this Agreement.
Consultant acknowledges and understands that it is not the City’s
exclusive provider of these services, but is instead one of several
consultants who have been retained to provide temporary staffing
and placement services. The City maintains its unqualified right
to obtain these services through other sources. This Agreement
is for on-call and as-needed services, the need for which is
determined in the City’s sole judgment and discretion. Consultant
shall have no obligation to continue performance once the “not to
exceed” amount limitation has been attained. The City shall be
responsible for all charges for services in the event the City fails
to notify Consultant of termination of the assignment or fails to
increase of the “not to exceed” amount.
The Consultant’s billing rate will be negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City forpayment, which will reflect the previously
agreed and negotiated billing rate.
B.The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
3.Entities Included Within Scope of Agreement. Section XVI of the Agreement is
amended to revise subsection L.as follows:
XVI.MISCELLANEOUS PROVISIONS.
. . .
L.Scope of Agreement. This Agreement is only applicable to,
and the onlyRobert Half International Inc. divisions and branches
obligated under this Agreement is the Accountemps, OfficeTeam, Robert
Half Management Resources, Robert Half Technology,The Creative
Group,and Enterprise Technology Services divisions of the branch
offices located in the State of Washington.
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AMENDMENT NO. 2 -2of3
(Robert Half International, Inc.)
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4.Miscellaneous.
A.The Consultant accepts all requirements of this Amendment by signing below,
andby its signature waivesany protest or claim it may have regarding the Agreement or this
Amendment.This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B.All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any),and this
Amendment shall be deemed to have applied.
C.The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR:CITY:
Robert Half International, Inc.City of Kent
By:By:
(signature)(signature)
Print Name:Megan SlabinskiPrint Name:
ItsDistrict DirectorIts
(title)(title)
DATE:DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
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AMENDMENT NO. 2 -3of3
(Robert Half International, Inc.)
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AMENDMENT NO. 2
NAME OF CONSULTANT: Viri Technology, LLC
CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-496
ORIGINAL AGREEMENT DATE: December 18, 2019
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, the Agreement is
modified as follows:
1. Introduction. The specific tradenames referred to in the first paragraph of the
Agreement are deleted. Instead, introduction is replaced with the following:
THIS AGREEMENT is made between the City of Kent, a
Viri
Technology, LLC, a Washington corporation, located and doing business
at 600 Stewart Street Suite 1200 Seattle, WA 98101 (hereinafter the
2. Compensation. Section III of the
toreplace it with the following:
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials,
for services provided under this Agreement during its Initial Term
and each Renewal Term exercised by the City and agreed upon
by the Consultant. During the original term of the Agreement
from August 14, 2019, through December 31, 2020, the Kent City
Council has established an overall budget of $2,499,226.49
$1,250,000.00 for all temporary staffing and placement of IT
professionals provided by Consultant, and others retained by the
City to provide similar work.
Through Amendment No. 1, the temporary IT staffing budget was
increased by an additional $1,250,000.00 through December 31,
2021, for an adjusted budget of $3,749,226.49.
Through Amendment No. 2, the Kent City Council increased the
temporary IT staffing budget by an additional $1,224,500.00
through December 31, 2021, for an adjusted budget of
$4,973,726.49, and City staff is not authorized to approve any
work beyond that budgeted amount. The City will monitor fees
charged in relation to that collective budgeted amount, and if Buubdinfou;!3132`Bnfoenfout!Op!3!up!DTBt!!)392:!;!Bnfoenfout!up!Dpotvmubou!Tfswjdft!Bhsffnfout!gps!JU!Ufnqpsbsz!Tubgg!.!Bvuipsj{f*
AMENDMENT NO. 2 - 1 of 3
(Viri Technology, LLC)
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services provided by Consultant and others will cause the City to
exceed that budgeted amount, the City will either seek additional
approval through a contract amendment authorized by the Mayor
or Council as the Kent City Code may require, or terminate
Consultant acknowledges and
exclusive provider of these services, but is instead one of several
Consultants who have been retained to provide temporary
staffing and placement services. The City maintains its
unqualified right to obtain these services through other sources.
This Agreement is for on-call and as-needed services, the need
Consultant shall have no obligation to continue performance once
tation has been attained. The
City shall be responsible for all charges for services in the event
the City fails to notify Consultant of termination of the assignment
be negotiated at the time an
Assigned Individual is assigned to perform services for the City.
The temporary worker Consultant assigns to perform work under
electronic time record or a time shee
approval at the end of each week. Based upon that approved time
record or time sheet, the Consultant will submit weekly payment
invoices to the City for payment, which will reflect the previously
agreed and negotiated billing rate.
B. The City shall provide payment to Consultant within forty-five
(45) days of its receipt of proper invoice from Consultant. If the
City objects to all or any portion of an invoice due to billing or
invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until
any such dispute is settled by the parties. In that event, the
parties will immediately make every effort to settle the disputed
portion.
3. Miscellaneous.
A. The Consultant accepts all requirements of this Amendment by signing below,
and by its signature waives any protest or claim it may have regarding the Agreement or this
Amendment. This Amendment, unless otherwise provided, does not relieve the Consultant from
strict compliance with the guarantee and warranty provisions of the original Agreement.
B. All acts consistent with the authority of the Agreement, previous Amendments
(if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified
and affirmed, and the terms of the Agreement, previous Amendments (if any), and this
Amendment shall be deemed to have applied.
C. The parties whose names appear below swear under penalty of perjury that
they are authorized to enter into this Amendment, which is binding on the parties of this contract.
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IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY:
Viri Technology, LLC City of Kent
By: Lou Hazim
By:
(signature)
(signature)
Print Name: Lou Hazim
Print Name:
Its SVP
Its
(title)
(title)
DATE: 8-10-2021
DATE:
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
___________________________
Kent City Clerk
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AMENDMENT NO. 2 - 3 of 3
(Viri Technology, LLC)
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Consultant Services Agreement with TEKsystems, Inc. for
Temporary IT Staff - Authorize
MOTION: I move to authorize the Mayor to sign an agreement with
TEKsystems, Inc. to provide temporary IT staff, subject to final contract
terms and conditions acceptable to the Information Technology Director
and the City Attorney.
SUMMARY: TEKsystems, Inc. is a staffing and recruitment agency that specializes
in placing information technology professionals in project and contract-to-hire
work through this consultant agency. The Information Technology Department
maintains an overall budget from which temporary placement agencies are paid to
provide temporary employment staff. The current budget authorized for all
temporary employment staff is $3,749,226.49. Tonight, the Information Technology
Department has also asked Council to increase that authorized contract budget by
an additional $1,224,500.00, for an amended overall contract cost of
$4,973,726.00. If this contract with TEKsystems, Inc. is authorized by Council, the
cost of that contract will be paid from those same budgeted funds.
The City will pay the Consultant based on time and materials, for services provided
under this agreement during its initial terms and each renewal term exercised by
the City. IT will monitor fees charged in relation to this collective budgeted amount.
This contract authorizes temporary services with a variety of consultants within this
same budgetary amount. Each contract also authorizes extensions for successive
one-year terms through the execution of future contract amendments.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
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Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. 2021_TEKsystems-CSA (PDF)
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CONSULTANT SERVICES AGREEMENT
between the City of Kent and
TEKsystems, Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter
the "City"), and TEKsystems, Inc., a Maryland corporation authorized to conduct business in Washington,
and located and doing business at 7437 Race Rd, Hanover, MD 21076 (hereinafter the "Consultant").
I. DESCRIPTION OF WORK. Consultant shall perform the following Services for the City in
accordance with the following described plans and/or specifications:
Supplemental staffing and recruiting serviceson a time and material basis,under the technical
direction and supervision of City, and talent acquisition and executive search services on an
on-call, as-needed basis as determined by the City (“Services”). The specifics of the services
provided will be confirmed in a Job Arrangement Letter, in a form substantially similar to that
attached and incorporated as Exhibit C, which will confirm details of the assignment of
Consultant’s Assigned Individual as further specified herein. The Job Arrangement Letter
acknowledges that the assignment is under the terms of a signed agreement between the
parties.
Consultant represents and warrants that the Services furnished under this Agreement will be
performed in a good and workmanlike manner and consistent with generally accepted professional recruiting
practices within the Puget Sound region in effect at the time those Services are performed. Consultant
further represents and warrants that its representatives assigned to perform Services for City shall be fully
qualified, experienced, and technically trained and shall perform the services in a reasonably cost-efficient
manner. For any breach of this warranty, Consultant shall not charge the City for the first forty (40) hours
worked by Consultant’s Assigned Individual for the unsatisfactory services.
Contractor represents and warrants that it has the personnel, expertise and corporate infrastructure
available to support the design, delivery, and implementation of each deliverable and meet any milestones
and/or deadlines imposed by this Agreement, as well as performing the Services described herein in accordance
with the terms and conditions of this Agreement. This provision is intended to provide assurance to the City
that Contractor has the talent pool available that is capable of performing as this Agreement requires, and that
Contractor will use its best efforts to locate personnel whose skillset—technical, professional, and
interpersonal—meet the City’s needs and desires.
II. TIME OF COMPLETION. This Agreement will become effective on the date it is fully signed
by the parties and will continue through 12/31/2021 (“Initial Term”). The parties agree that work will begin
on the tasks described in Section I above immediately upon the effective date of this Agreement. The parties
may agree to extend this Agreement for successive one (1) year terms, which extensions will be authorized
through an Amendment to this Agreement (“Renewal Term”).
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials for Services provided under
this Agreement during its Initial Term and each Renewal Term exercised by the City and
agreed upon by the Consultant. The Kent City Council has established an overall budget of
$4,973,726.49 for all temporary staffing and placement of IT professionals provided by
Consultant, and others retained by the City to provide similar work, through the year 2021,
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and City staff is not authorized to approve any work beyond that budgeted amount. The City
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will monitor fees charged in relation to that collective budgeted amount, and if Services
provided by Consultant and others will cause the City to exceed that budgeted amount, the
City will either seek additional approval through a contract amendment authorized by the
Mayor or Council as the Kent City Code may require, or terminate Consultant’s services as
provided for in this Agreement.
Consultant acknowledges and understands that it is not the City’s exclusive provider of these
services, but is instead one of several Consultants who have been retained to provide
temporary staffing and placement services. The City maintains its unqualified right to obtain
these services through other sources. This Agreement is for on-call and as-needed services,
the need for which is determined in the City’s sole judgment and discretion.
The Consultant’s billing rates will be negotiated at the time an Assigned Individual is assigned
and that agreed billing rate will be provided for on the Assigned Individual’s timesheet. If
applicable, overtime will be billed at 1.5 times that rate. The temporary worker Consultant
assigns to perform work under this Agreement (“Assigned Individual”) will submit either an
electronic time record or a time sheet for City’s verification and approval at the end of each
week.The signing of a weekly timesheet by an authorized City representative shall constitute
acceptance of the hours claimed to have been performed.
B. The Consultant shall submit weekly payment invoices to the City for work performed, and a
final bill upon completion of all services described in this Agreement. The City shall provide
payment within thirty (30) days of receipt of an invoice. If the City objects to all or any portion
of an invoice due to billing or invoicing errors, it shall notify the Consultant and reserves the
option to only pay that portion of the invoice not in dispute until any such dispute is settled
by the parties. In that event, the parties will immediately make every effort to settle the
disputed portion.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Consultant has the ability to control and direct the performance and details of its work as
a recruiting firm, the City being interested only in the results obtained under this Agreement.
B. The Consultant maintains and pays for its own place of business from which Consultant’s
placement services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained Consultant’s
services, or the Consultant is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Consultant is responsible for filing as they become due all necessary tax documents with
appropriate federal and state agencies, including the Internal Revenue Service and the state
Department of Revenue.
E. The Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s business
and has obtained a Unified Business Identifier (UBI) number from the State of Washington if
applicable to Consultant.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of its
business.
V. CITY PROPERTY. City and Consultant agree and understand that the work performed
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hereunder is “Work for Hire.” If for any reason work does not constitute “Work for Hire,” Consultant hereby
had been created.
assigns all copyrights therein to the City effective as of the date(s) such materials
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Consultant agrees to sign and deliver any documentation that may be reasonably required by the
Consultant shall at all times protect City’s property from
City to effectuate the foregoing assignment.
injury or loss arising in connection with this Agreement. If provided access, either locally or via remote
access, to City’s network, Consultant shall prevent loss of system files and data on City’s servers due to the
negligent, reckless, or willful misconduct of Consultant or its Assigned Individual. Consultant shall treat as
confidential all information related to remote access, including instructions, user IDs, and passwords. In no
case shall Consultant allow a third party (i.e. not employed by Consultant) to remotely connect to City’s
network.
VI. SECURITY. Given the nature of the services provided, Consultant must make every
reasonable effort to protect City systems and data from improper access. In no case shall any employees.
agents, representatives and/or subcontractors of Consultant, including the Assigned Individual, have access
to City passwords, accounts, records or data files without prior written approval from the City. For security
purposes, Assigned Individuals shall be subject to all lawful background investigations, including without
limitation criminal conviction background investigations, as may be reasonably required by the City. At the
direction of City, Consultant shall do all things necessary or appropriate to facilitate the background checks
including but not limited to obtaining permissions or written waivers from the Assigned Individual, and/or
contracting with a third party to perform the background checks per City’s specifications.
VII. PROJECT TEAM.
A. Assignment of Assigned Individual to Project Team. Consultant understands that the
Assigned Individual works as part of the City’s project team, and as such, once assigned, the Assigned
Individual is essential to the services offered pursuant to this Agreement. Therefore, the parties agree that:
Consultant will not transfer or reassign such Assigned Individual without the express written agreement of
City; and should such Assigned Individual no longer be employed during the term of this Agreement by
Consultant for whatever reason, City shall have the right to request a specific replacement. In addition, the
City reserves the right to request reassignment of any Assigned Individuals if the City, in good faith, believes
such individual does not meet performance/qualification standards established by the City. Consultant
guarantees the City’s satisfaction with the services provided by the Assigned Individual by extending a one-
day (8 hour) guarantee period. If, for any reason, the City is dissatisfied with the services provided by the
Assigned Individual, Consultant will not charge for the first 8-hours worked, provided (1) the City contacts
Consultant within those first 8 hours to report its dissatisfaction, and (2) the City consents to Consultant
replacing the Assigned Individual.
B. Right of City To Reject Assigned Individual. City shall have the right to reject any
Assigned Individual whose qualifications or performance in the City's good faith and reasonable judgment
does not meet the standards established by City as necessary for the performance of the services or does
not meet prescribed IT department policy, standards, procedures and guidelines, attached and incorporated
as Exhibit A. Such notice shall be provided in writing to the designated location for receipt of notices. Upon
receipt of notice, Consultant shall verify receipt of notice and shall meet with City to discuss the problem;
and is then responsible for replacing rejected Assigned Individuals, and should do so within ten (10) business
days from the date of the meeting unless otherwise agreed upon in writing.
VIII. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction.
IX. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. Consultant shall execute
the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative
Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement.
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X. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's
negligent performance of the Services under this Agreement, except for that portion of the injuries and
damages caused by the City's negligence, gross negligence, or willful misconduct.
The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless,
and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then
Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and
reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal
on the Consultant’s part.
Other than when necessary for Consultant to fulfill its indemnification responsibilities with respect to
third-parties, under no circumstances shall either party be directly liable to the other for indirect,
consequential, or punitive damages whether arising in contract, tort or otherwise.
The provisions of this section shall survive the expiration or termination of this Agreement.
XI. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XII. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable
accuracy of any information supplied by it to Consultant for the purpose of completion of the work under
this Agreement.
XIII. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created by the Assigned Individual under this Agreement
shall belong to and become the property of the City. The Consultant acknowledges that the City is a public
agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As
such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations
under the Public Records Act.
XIV. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with
the authority to control and direct the performance and details of Consultant’s work as a recruiting firm
authorized under this Agreement, the Assigned Individual’s work must meet the approval of the City and
shall be subject to the City's general right of inspection to secure satisfactory completion. City shall provide
the Assigned Individual providing services to City with day-to-day oversight and direction.
XV. WORK PERFORMED AT CONSULTANT'S RISK AND JOB LIMITATIONS. The City agrees
that it will provide safe on-site working conditions. Consultant shall take all necessary precautions and shall
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be responsible for the safety of its employees, agents, and subcontractors in the performance of any contract
work off-site and shall utilize all protection necessary for that purpose. All off-site work shall be done at
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Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work. The City agrees that it will not permit or
require Consultant’s Assigned Individual: (i) to perform services outside of the scope of his or her
assignment; (ii) to sign contracts or statements; (iii) to make any final decisions regarding system design,
software development or the acquisition of hardware or software; (iv) to make any management decisions;
(v) to sign, endorse, wire, transport or otherwise convey cash, securities, checks or any negotiable
instruments or valuables; (vi) to use computers, or other electronic devices, software or network equipment
owned or licensed by the Assigned Individual; or (vii) to operate machinery (other than office machines) or
automotive equipment.
XVI. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price preference
may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section X of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the
terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification.No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Consultant agrees to comply with all applicable federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
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accruing out of the performance of those operations.
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I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number
of counterparts, each of which shall constitute an original, and all of which will together constitute this one
Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the
other by fax or email and that signature shall have the same force and effect as if the Agreement bearing
the original signature was received in person.
L. Background Checks. If City requires Consultant to perform background checks or other
placement screenings of Consultant’s Assigned Individuals, City agrees to notify Consultant prior to the start
of services under this Agreement. Consultant will conduct such checks or screenings only if they are
described in a signed, written amendment to this Agreement. If City requests a summary copy of the results
of any checks conducted on Consultant’s Assigned Individuals, City agrees to keep such summary results
strictly confidential and to use such results in accordance with applicable laws and solely for employment
purposes.
M. Confidentiality to the Extent Allowed by Law. City agrees to hold in confidence the identity of
any Assigned Individual and the Assigned Individual’s resume, social security number, and other legally
protected personal information, and the City agrees to implement and maintain reasonable security
procedures and practices to protect such information from unauthorized access, use, modification or
disclosure, unless disclosure is required by law.
N. Conversion of Assigned Individual to City Employee. . City may not directly or indirectly, for
itself, or on behalf of any other person, firm, corporation or other entity, whether as principal, agent,
employee, stockholder, partner, member, officer, director, sole proprietor, or otherwise, solicit, participate
in or promote the solicitation of any Assigned Individual to leave the employ of Consultant, or hire or engage
any Assigned Individual who has not completed a minimum of six (6) months of continuous assignment to
the City under this Agreement. However, if any Assigned Individual has been assigned to the City for at
least six (6) months, then City may employ or otherwise professionally engage that Assigned Individual
without any financial compensation or liquidated damages owed to Consultant.
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O.Remote Work. The City may authorize an Assigned Individual to work remotely off-site, away
from a City location. City is aware that the remote work location is not a Consultant location and is not a
site managed by Consultant. In such event, City shall provide the Assigned Individual with hardware (if
applicable), software, and network connectivity (such as a secure Virtual Private Network) to perform the
Services remotely and shall be responsible for ensuring any City-provided hardware, software, and network
meet City security obligations and measures. At no time will Consultant or its Assigned Individual be storing
City’s data on Consultant’s equipment.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT: CITY:
TEKsystems, Inc. City of Kent
By: By:
(signature) (signature)
Print Name: Print Name: Dana Ralph
Its Its Mayor
(title)
DATE:
DATE:
ATTEST:
Kent City Clerk
APPROVED AS TO FORM:
Kent Law Department
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
TEKSYSTEMS, INC.: CITY OF KENT:
7437 Race Rd, ITA@kentwa.gov
Hanover, MD 21076 City of Kent
220 Fourth Avenue South
(___) ______________ (telephone) Kent, WA 98032
(___) ______________ (facsimile)
(253)856-4600 (telephone)
(253)856-4700 (facsimile)
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DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding
equal opportunity. As such all contractors, subcontractors and suppliers who
perform work with relation to this Agreement shall comply with the regulations
of the City’s equal employment opportunity policies.
The following questions specifically identify the requirements the City deems
necessary for any contractor, subcontractor or supplier on this specific
Agreement to adhere to. An affirmative response is required on all of the
following questions for this Agreement to be valid and binding. If any
contractor, subcontractor or supplier willfully misrepresents themselves with
regard to the directives outlines, it will be considered a breach of contract and
it will be at the City’s sole determination regarding suspension or termination
for all or part of the Agreement;
The questions are as follows:
1.I have read the attached City of Kent administrative policy number 1.2.
2.During the time of this Agreement I will not discriminate in employment
on the basis of sex, race, color, national origin, age, or the presence of
all sensory, mental or physical disability.
3.During the time of this Agreement the prime contractor will provide a
written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
4.During the time of the Agreement I, the prime contractor, will actively
consider hiring and promotion of women and minorities.
5.Before acceptance of this Agreement, an adherence statement will be
signed by me, the Prime Contractor, that the Prime Contractor complied
with the requirements as set forth above.
By signing below, I agree to fulfill the five requirements referenced above.
By: __________________________________________
For: __________________________________________
Title: _________________________________________
Date: ________________________________________
EEO COMPLIANCE DOCUMENTS - 1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January
1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White,
Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform
to federal and state laws. All contractors, subcontractors, consultants and
suppliers of the City must guarantee equal employment opportunity within
their organization and, if holding Agreements with the City amounting to
$10,000 or more within any given year, must take the following affirmative
steps:
1.Provide a written statement to all new employees and subcontractors
assigned by Consultant to perform services to City under the Agreement
indicating commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities
and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards
the City’s nondiscrimination and equal opportunity requirements shall be
considered in breach of contract and subject to suspension or termination for
all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning,
Parks, and Public Works Departments to assume the following duties for their
respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers
subject to these regulations are familiar with the regulations and the
City’s equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies
and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
(Over $20,000)
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the
Contractor awarded the Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge
and declare that the before-mentioned company was the prime contractor for
the Agreement known as
that was entered into on the (date), between the firm I
represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as
outlined in Section IX of the Agreement and the City of Kent Administrative
Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: __________________________________________
For: __________________________________________
Title: _________________________________________
Date: ________________________________________
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EEO COMPLIANCE DOCUMENTS - 3
(Over $20,000)
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Exhibit A
Number: ITP 3-01 Effective
Date:
Subject: Supersedes: Previous IT
Information Technology
Personnel Policies
Personnel Policy
Approved:
1. Purpose
This document describes personnel policies that are specific to IT staff members. City of
Kent HR personnel policies are predominant on details that are not addressed on this policy.
2. Scope
This policy applies to all IT staff members for whom there are specific department rules not
specified in the City of Kent HR Personnel Policy manual.
2.1. Collective Bargaining Agreements
Employees covered by collective bargaining agreements or Civil Service Rules will be subject
to the specific terms of those agreements and rules. In the event a collective bargaining
agreement or the Civil Service Rules do not contain language regarding personnel policies as
specified in this document, then those employees will be governed by this policy.
2.2. Authority
This policy is written by the Information Technology (IT) Department, under the authority of
the IT Director and in compliance with the City’s employment policies, and it supersedes all
previous versions of the IT Personnel Policy. The City of Kent Employee policies shall govern
all questions concerning the construction, validity and interpretation of this policy. Any
exceptions to this policy must be approved in advance by the City IT Director.
2.3. References
City of Kent Personnel Policies
New IT Employee Cheat Sheet
3. Policy
3.1. Daily Operations
3.1.1. Core Hours
Unless covered by collective bargaining agreements, vendor contracts, or otherwise
authorized by the IT Director, manager and/or supervisor and documented within a
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 1
Exhibit A
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personnel file, all IT department personnel must adhere to core working hours, which
are 8:00 AM to 5:00 PM Monday through Friday.
If an employee anticipates being more than 15 minutes late for work or absent due to
sickness they must notify their manager or supervisor using a previously agreed upon
method (text message, call, email).
3.1.2. Flexible Working Hours
IT Department employees may request alternative work schedules pursuant to the City’s
Personnel Policy 2.16, Alternative Work Schedule. Eligibility is determined by the
employee’s direct supervisor, IT management, or Human Resources Director based on
the department’s needs and its ability to accommodate the alternative schedule.
3.1.3. Telecommuting
A temporary telecommuting schedule accommodation can be put into place with the
approval of the IT Director, manager and/or supervisor. Additional time reporting
requirements may be instituted to ensure proper accountability.
3.1.4. Overtime
Any request for overtime hours/work needs to first be approved by an employee's
manager or supervisor. Approval must be sought by the employee and provided by the
supervisor or manager in writing (email, captured text message, etc.) prior to the
overtime work being performed.
Managers, supervisors and employees are expected to keep copies of the "in-writing"
approvals of overtime for audit, timekeeping, time-entry, and historical purposes.
3.1.5. Vacation Requests
Requests for vacation time need to be approved in advance by an employee's manager
or supervisor. Approval must be sought by the employee and provided by the supervisor
or manager in the JDE system prior to the vacation being taken.
Managers and supervisors are responsible for maintaining adequate levels of service
and therefore reserve the right to decline vacation requests if needed.
3.1.6. Holiday Observance
Unless otherwise authorized by the IT Manager and/or Director, in the event of an
emergency, all departmental staff and contractors are required to observe all City
established holidays and closed office notices.
3.2. Supplies and Assets
Employees shall be provided with the tools required to perform their job duties as specified
on their job description, as well as additional tools at the discretion of the IT Director,
manager, or supervisor.
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 2
Exhibit A
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4. Standards
4.1. Performance
The IT Department focuses on delivering services to the City. To provide a reliable, high-
quality level of service, IT employees may occasionally be assigned with activities beyond
those explicitly stated in job descriptions, contracts, or statements of work. Such activities
are defined and delegated at the discretion and interpretation of the IT Director, manager,
or supervisor.
4.2. Calendar Usage
All IT employees must grant read-only access to their Outlook calendars to all IT divisions.
This allows other users to optimally plan out their meetings, improves communication and
efficiency, and saves time by eliminating the time spent going back-and-forth with them
trying to pick the perfect date and time.
Any appointments that contain sensitive or personal information can be marked as “private”
by the user.
5. Revision History
Date Revision Supersedes Summary of Changes
#
11/29/2018 1.0 - Initial creation
1/28/2019 1.1 1.0 Added Collective Bargaining Agreements
paragraph
5/16/2019 1.2 1.1 Approved by IT Management Team
6. Inquiries
Direct inquiries about this policy to:
Information Technology Department
City of Kent
220 Fourth Ave S
Kent, WA 98032
Voice: 253-856-4601
E-mail: ServiceDesk@kentwa.gov
http://servicedesk/
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INFORMATION TECHNOLOGY PERSONNEL POLICY- 3
Exhibit A
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EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant,
their agents, representatives, employees or subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00
01 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01. The City shall be included as an Additional Insured under the Consultant’s
Commercial General Liability insurance policy with respect to the work performed
for the City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Workers’ Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per occurrence.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability insurance:
1. The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
2. The Consultant agrees to provide at least 30 days’ notice to the City in the event
Consultant’s insurance coverage is being cancelled or substantially modified (e.g.
a new carrier).
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INSURANCE REQUIREMENTS - 1
Exhibit B
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3. The City of Kent shall be included as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s Commercial
General Liability insurance shall also contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated
herein for the Consultant.
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INSURANCE REQUIREMENTS - 2
Exhibit B
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EXHIBIT C
Date
CONTACT NAME
Job Order Number: Job Order #
COMPANY NAME
STREET ADDRESS 1
STREET ADDRESS 2 OR CITY, ST ZIP
CITY, ST ZIP OR SPACE IF NOT REQUIRED
Dear Contact First Name,
Thank you for selecting TEKsystems \[OR OTHER APPLICABLE DIVISION\] to meet
your staffing needs. Candidate Name is scheduled to start with Company Name
as a Functional Role on _______________.
As agreed, we will invoice your firm at the rate of $______ per hour. If
applicable, overtime will be billed at 1.50 times such rate. Federal law defines
overtime as hours in excess of 40 hours per week, state laws may vary.
Applicable sales and service taxes shall be added to all invoices. Our professional
will submit either a time sheet or an electronic time record for verification and
approval at the end of each week. Your approval thereby will indicate your
acceptance of the terms herein.
Our accounting and operational procedures require you receive this document.
This standard document will be sent with each Job Order you place with
TEKsystems. We acknowledge that TEKsystems and Company Name have a
signed agreement. The terms of the signed agreement, along with the terms of
this letter, shall govern the services provided by such employee or consultant
at Company Name.
Please do not hesitate to contact us if you have any questions or we can be of
additional service. We look forward to working with you.
Sincerely,
TEKsystems
Street Address 1
Street Address 2 or City, St Zip
City, ST Zip or Space if not Required
(800) 111-2222
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INSURANCE REQUIREMENTS - 3
Exhibit B
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: First Amendment to Master License and Services Agreement
for Amanda Platform Authorize
MOTION: I move to authorize the Mayor to sign a First Amendment to the
Master License and Services Agreement to authorize the assignment and
assumption of the original agreement by Granicus, LLC, the successor to
CSDC, Inc. and Calytera US, Inc, subject to final terms and conditions
acceptable to the IT Director and City Attorney.
SUMMARY:
compliance system (KIVA), which has reached end of life, with a more modern,
user-friendly platform. Focus has been placed on streamlining ECD/Economic and
Community Development permitting processes while enhancing the customer
experience through reductions in lead time, review and overall permit lifecycle
processing.
The new technology platform/system underpinning this work-known as Amanda-is
being implemented with Granicus, LLC, the current software vendor and its
implementation subcontractor, Vision 33.
In October 2019, CSDC Systems Inc. rebranded/changed its corporate name from
CSDC, Inc. to Calytera US, Inc., and then the later acquisition of Calytera US, Inc.
was executed by Granicus, LLC, which perpetuates the need to formally assign the
existing contract to Granicus, LLC.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 2021_CSDC-Calytera-Granicus-Vendor Name Change (PDF)
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Granicus
408 St Peter St, Suite 600
Saint Paul, MN
55102
First Amendment to Master License and ServicesAgreement
This First Amendment amends theMaster License and Services Agreement originally entered into between the
City of Kent and CSDC, Inc. and is effective on the date this document is signed and entered into by and
between GranicusLLC, a Minnesota Limited Liability Company d/b/a Granicus(hereinafter referred to as
"Granicus"or as “CSDC”as that term is used in the Master License and Services Agreement), and the City of Kent,
a Washington municipal corporation \[CLIENT\](hereinafter referred to as "Client"or “Purchaser” as that term is
used in the Master License and Services Agreement), with reference to the following:
WHEREAS, the Client and CSDC, Inc. entered into a Master License and Services Agreement effective May13,
2019(the "Agreement"); and
WHEREAS, in October of 2019, CSDC, Inc. changed its name to Calytera US, Inc.(“Calytera”), and on October
29, 2020,Calyterawas acquired by Granicus; and
WHEREAS,the Agreement provides that either party may assign the Agreement to athird-party upon the prior
written consent of the other party, unless the assignment is to an affiliate or a successor as part of a corporate
reorganization or a sale of some or all ofa party’s business,for which only advance written notice need be
given to the other party concerning that assignment or change in control; and
WHEREAS, Granicus desires to accept and assume all of the rights, duties, benefits, and obligations of CSDC
and Calytera under the Agreement; and
WHEREAS, the Client desires to consent to such assumptionunder the terms of this First Amendment;and
WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed
inthe parties’ Change Order No. 18 to the Statement of Work for Phase 2 –Full Implementation, which is
executed contemporaneously with this First Amendment.;
NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreementbe amended as
follows:
1.Granicus accepts and assumes all rights, duties, benefits, and obligations of the Agreement,
including all existing and future obligations to perform under the Agreementand all legal and
financial responsibility for the prior performance of CSDC and Calytera.
2.All references to CSDCinthe Agreement, shall hereinafter be referred to as Granicus.
3.The Client hereby consents to the foregoing assignment to and assumptionby Granicus.
4.The parties agree that the Agreement is amended to add a new Section 25.10, entitled
“Insurance” as follows:
Section 25.10. Insurance.Granicusshall procure and maintain for
the duration of the Agreement, insurance of the types and in the
amounts described in Exhibit Eattached and incorporated by this
reference.
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Order Form
Sampleville, CA
5.As provided for by the Agreement, all compensation and work authorized through a Change
Order to any previously issued Statement of Work shall be governed by the terms of the
Agreement, including Change Order No. 18, which amends the previously authorized Statement
of Work for Phase 2 –Full Implementation.
6.Except as amended by this First Amendment, all other terms and conditions of the Agreement
shall remain in full force and effect.
7.In the event of any inconsistency between the provisions of this First Amendmentand the
documents comprising the Agreement, the provisions of this First Amendmentshall prevail.
IN WITNESS WHEREOF, the parties have caused this First Amendmentto be executed by their duly authorized
representatives.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also
understands the services and terms.
Granicus
\[CLIENT\]
Signature:Signature:
Name:Name:
Title:Title:
Date:Date:
Order #: Q-151375 CONFIDENTIAL
Prepared: 7/28/2021 10:57:54 AM
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EXHIBIT E
INSURANCE REQUIREMENTS FOR
TECHNOLOGY CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultantshall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, their agents,
representatives, employees or subcontractors.
A.Minimum Scope of Insurance
Consultantshall obtain insurance of the types described below:
1.Commercial General Liabilityinsurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO
form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s
Commercial General Liability insurance policy with respect to the work performed for
the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
2.Technology Errors & Omissions (E&O)
3.Network Security (Cyber) and Privacy Insurance shall include, but not be limited to,
coverage, including defense, for the following losses or services:
Liability arising from theft, dissemination, and/or use of Public Entity confidential and
personally identifiable information, including but not limited to, any information
about an individual maintained by the Public Entity, including (i) any information that
can be used to distinguish or trace an individual‘s identity, such as name, social
security number, date and place of birth, mother’s maiden name, or biometric
records; and (ii) any other information that is linked or linkable to an individual, such
as medical, educational, financial, and employment information regardless of how or
where the information is stored or transmitted.
Network security liability arising from (i) the unauthorized access to, use of, or
tampering with computer systems, including hacker attacks; or (ii) the inability of an
authorized third party to gain access to supplier systems and/or Public Entity data,
including denial of service, unless caused by a mechanical or electrical failure; (iii)
introduction of any unauthorized software computer code or virus causing damage to
the Public Entity or any other third party data.
Lawfully insurable fines and penalties resulting or alleging from a data breach.
Event management services and first-party loss expenses for a data breach response
including crisis management services, credit monitoring for individuals, public
relations, legal service advice, notification of affected parties, independent
information security forensics firm, and costs to re-secure, re-create and restore
data or systems.
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4.Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
B.Minimum Amounts of Insurance
Consultantshall maintain the following insurance limits:
1.Commercial General Liabilityinsurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate. Coverage may be in
the form of an underlying GL policy combined with an Umbrella/Excess policy in
order to meet the limits required.
2.Technology Errors & Omissions (E&O)shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policyaggregate limit.
3.Network Security (Cyber) and Privacy Insuranceshall be written with limits no less
than $2,000.000 per claim $2,000,000 policy aggregate for network security and
privacy coverage, $100,000 per claim for regulatory action (fines and penalties), and
$100,000 per claim for event management services.
C.Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1.The Consultant’s insurance coverage shall be primary insurance as respect the City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
2.The Consultant’s insurance shall be endorsed to state that coverage shall notbe
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
3.The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the Consultant
and a copy of the endorsement naming the City as additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Consultant’s Commercial
General Liability insurance shall also contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
D.Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E.Verification of Coverage
Consultantshall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
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evidencing the insurance requirements of the Consultantbefore commencementof the
work.
F.Subcontractors
Consultantshall include all subcontractors as insureds under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Consultant.
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Support Post Data Migration
Start Date TBD
Feb
Live
-
Support
Post Go
Migration of KIVA data in Amanda PROD
Jan
Conversion Testing & Issue Resolution
Go Live Prep
Testing (UAT)
'21
Live
-
Dec
Finish Data Conversion Mapping and Development
TBD
Fri 10/8/21
Go
-
10/4/21
*In Progress KIVA Records*
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Build
Mon
Fri 9/17/21
Fri 10/1/21
'21
Fri 10/1/21
Fri 8/6/21
Nov
Mon 8/16/21
Mon 9/27/21
Production Support
Mon 9/20/21
Mon 7/14/21
Live
Fri 8/13/21
-
Live Prep
-
Support
GoPost Go
End User Training
Mon 8/9/21
User Acceptance Testing
Training
End User
Go Live Prep
OPTION 1: AMANDA Implementation for New Applications Only
Testing (UAT)
Train the Trainer Sessions
Live
-
Go
10/4/21
Training
Complete New Configuration & Interface development
*New Applications Only*
Build
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INFORMATION TECHNOLOGY DEPARTMENT
Mike Carrington
220 Fourth Avenue South
Kent, WA 98032-5895
253-856-4600
DATE: August 24, 2021
TO: Kent City Council - Committee of the Whole
SUBJECT: Amanda (KIVA Replacement) Permitting System Deployment
Project Amend Budget and Approve Contract Amendment -
Authorize
MOTION: I move to authorize establishing a new budget for the Amanda
(KIVA Replacement) project at $2,226,483; authorize the Mayor to sign all
contract amendments, change orders, and other documents necessary to
advance the Amanda project that cumulatively do not exceed the project
budget, subject to final terms and conditions acceptable to City
Administration and the City Attorney; provide that future change orders
beyond the project budget, but within the overall City budget, be
authorized according to their amended contract values and in accordance
with the Kent City Code; authorize the Mayor to approve subscription or
other renewals authorized through previously approved project contracts,
and ratify past actions consistent with this motion, subject to final terms
and conditions acceptable to the IT Director and City Attorney.
SUMMARY:
compliance system (KIVA), which has reached end of life, with a more modern,
user-friendly platform. Focus has been placed on streamlining ECD/Economic and
Community Development permitting processes while enhancing the customer
experience through reductions in lead time, review and overall permit lifecycle
processing.
The new technology platform/system underpinning this work-known as Amanda-is
being implemented with Granicus, LLC, the software vendor and its implementation
subcontractor, Vision 33. As the situation over the last sixteen or more months
would have it, the project has been significantly impacted by COVID-19 and
exceptionally high staff turn-over within the ranks of Vision 33 especially. Couple
that with data conversion challenges attributed to the complexity of more than 20
years of historical data stored in the current platform KIVA, and the result is we
have the need to revise the project implementation strategy as well as the resulting
workplan and budget.
On April 16, 2019, Council authorized the original project and at that time it was
expected not to exceed a budget of $1,679,120. Thus far, 17 change orders have
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been issued concerning the work Granicus and V33 is performing, at an overall net
ty to
approve. Staff requests Council authorize Change Order No. 18, at a cost of
$345,675, for required data conversion analysis, configuration and scripting work.
In addition, our request also includes $201,688 for contingency to support potential
cost overruns during the remainder of the implementation effort.
-live targeted for late-
Q3 2021 based on timeline contingency requirements made by Granicus and Vision
33.
BUDGET IMPACT: The new budget for the Amanda project is being reestablished
at $2,226,483. Components of that budget include a change order to Granicus, LLC
in the amount of $345,675 along with an overall contingency request of $201,688.
The total cost increase of the project equates to $547,363.
account.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. 2021_Granicus-Change Order (PDF)
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CALYTERA PROJECT CHANGE REQUEST
ClientCity of Kent
Project Name City of Kent –Permitting System - Phase 2
Change requested by: City of Kent
Project Manager: Derek McConnery – Calytera Project Manager
Change Request # CO-18 (Phase 2)
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Urgency: High Date July 27, 2021
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ChangeTitleProject Schedule Changes & New Scope
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DescriptionThere arethreecategories addressed in this change request:
1.Data Conversion Schedule Extension
2.Project Scope Changes
3.Change in Delivery Approach as Outlined in the SOW
1. Data Conversion Schedule Extension
Based on progress to-date and effort remaining on data conversion analysis, the City of
Kent Project Schedule has been updated and currently indicates significant extensions to
the timelines established in the SOW for data conversion, specifically:
th
Based on the schedule as of May 26, 2021, the following table articulates the additional
effort spent and planned based on the extended timeline for data conversion analysis &
mapping. Through this change order we are requesting additional cost be added to
account for the additional time spent support this activity.
Timeline Established in the SOW 10 days
Current Duration107 days
Delta 97 days
Remove “Non-working time” -32 days
True Delta 65 days
2. Project Scope Changes Summary
During Data Conversion and Mapping Analysis it was determined that new folders and
configuration updates to existing folders are required to support additional business
requirements not identified during the Blueprint Stage of the project. This includes
automated attachment validation.
There are two categories of project scope changes for Amanda configuration…
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CALYTERA PROJECT CHANGE REQUEST
CR18#1 Historic, CNST, & OTC folders
CR18#2 Automated Attachment Validation
These changes also impact the effort identified in the contract for data conversion based
on the following reference in the contract.
Through this change order we are requesting additional cost be added to account for the
additional time spent support execution of data conversion.
3. Change in Delivery Approach as Outlined in the SOW
Through discussing the potential schedule impacts based on the new scope and
extended time for data conversion, this change order formalizes the collective project
goal (City of Kent, Calytera, Vision33) to work towards a “Q3 go-live”. In order to
accomplish this goal, all parties agree to pause specific project activities (including the
majority of data conversion execution) and going live with a product that allows the City
of Kent to use the Amanda application, and supporting components, for new applications
only. The remaining in scope work will be handled after the go-live, as a stabilization
activity, based on the agreed to timelines as established by all parties.
The prioritization of work for the Q3 go-live is as follows.
CoK/V33 Pause on Data conversion with the following exceptions:
CoK/V33 complete Data Mapping Specification for Historic & CNST
Build
V33 will pause/hold Historic & CNST configuration until Amanda Stabilization
(including in this change)
Complete new configuration for functioning systems
o Change Order#17: Custom Webservices
o Automated Attachment Validation (including in this CR)
Complete Interface Development
o CoK/SI/V33: Orbi Pay
o CoK/SI/V33: iNovah (Amanda Payments)
o V33: Bluebeam
All previously completed configuration elements are expected to be tested
during UAT and promoted to production.
Train the Trainer
User Acceptance Testing
Go Live Prep
End User Training (City of Kent lead)
Post Go Live/Production Support
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CALYTERA PROJECT CHANGE REQUEST
Assumptions
1.Estimated hours for Historic, CNST & OTC analysis and configuration have been
calculated based on details provided to Vision33 in May 26th meeting where the
business requirements were discussed. Should additional configuration changes
be identified during analysis of these folders with the client that require
additional or more complex configuration, additional effort and therefore budget
may be required.
2.Additional days of schedule extension for data conversion assumes ~2.5
resources are required to support the work, in addition to project management.
3.City of Kent, Calytera and Vision33 agree that Data Conversion Analysis is 95%
complete, with the remaining 5% to be completed after go-live during the
stabilization period. The remaining 5% to be completed includes:
o Mapping of historic OTC data in KIVA
o Mapping of KS Long Text Data
o Mapping document analysis gaps
o Mapping of structures & establishment data stored in KIVA
4.Data Conversion Execution will be postponed until completion of data conversion
mapping analysis in the stabilization period.
5.City of Kent, Calytera and Vision33 agree that the analysis and Specification
Document for Historic & CNST folders is complete. Configuration will be
postponed until the stabilization period.
6.City of Kent, Calytera and Vision33 agree that the analysis and Specification
Document for OTC is 25% complete. Completion of the analysis, specification
document and configuration will be postponed until the stabilization period.
7.All other project milestones will remain unchanged.
8.City of Kent, Calytera and Vision33 will plan the data conversion analysis
completion and execution schedule in line with the effort estimates identified in
this change order, to the best of all parties’ abilities.
9.Scope for Automated Attachment Validation is as previously stated in change
order #19 – this has been included as an appendix to this change order for
reference to the scope and effort identified in that document. Change order #19
as previously submitted will be withdrawn.
Justification This change request articulates differences between the SOW and the requested
scope/timeline requested City of Kent.
PriorityHigh
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Cost The cost increase introduced by this change order is $345,675.00
Here is a breakdown of the cost for the various items referenced in this change order.
Cost Summary
Item Hours Rate Cost
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CALYTERA PROJECT CHANGE REQUEST
Conversion Analysis* (Milestone 7) 1,431 $165 $236,115.00
Project Scope Changes
Item Hours Rate Cost
281 $165
$46,365.00
Historic, CNST, & OTC folders
Automated Attachment Validation 48 $165
$7,920.00
Conversion Execution (Milestone 13) 335 $165
$55,275.00
Total $345,675.00
Here is the proposed payment structure introduced with this change order.
Milestone Cost Updates Cost
Milestone 7 Data Conversion Mapping Worksheet – Current Value $30,000.00
+ Additional Cost $236,115.00
**Milestone 7 Data Conversion Mapping Worksheet New Value**$266,115.00
Milestone 13 Data Conversion Scripts Executed and QA – Current $60,000.00
Value
+ Additional Cost $55,275.00
**Milestone 13 Data Conversion Mapping Worksheet New Value** $115,275.00
$46,365.00
CR18#1 - Historic, CNST, & OTC folders
CR18#2 - Automated Attachment Validation
$7,920.00
Like other change requests, CR18#1 & CR#18#2 will be billed upon completion of successful
UAT of the work described.
The following updated milestones will be created to recognize work completed to date against
milestones that have been paused – this is calculated at approximately 95% completion of the
Milestone 7 Data Conversion Mapping Worksheet.
new value of
Milestone Changes
$252,809.25
Milestone 7A Data Conversion Mapping Worksheet - Pre-pause
$13,305.75
Milestone 7B Data Conversion Mapping Worksheet -Post-pause
Calytera will request sign-off on Milestone 7A Data Conversion Mapping Worksheet - Pre-
Pause upon execution of this change order.
Schedule This change order supports the new project approach with an October Go-live for new
Applications only in Amanda established on July 21, 2021. City of Kent, Calytera and Vision33
will partner on the goal of going live with Amanda for new applications on 10/04/21.
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CALYTERA PROJECT CHANGE REQUEST
Removal of data conversion as a pre go-live activity presents an operational risk to the City of
Risk
Kent. Calytera & Vision33 will partner on providing guidance to Kent staff on how to manage
this risk.
Alternatives and
As work is already in progress towards the scope and goals articulated in this document,
recommendation
Calytera recommends moving forward with this change order.
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Approved
Denied
Place on Hold
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(by signing this form, the client authorizes Calytera to engage Vision33 to implement the changes
identified in this Change Order):
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CALYTERA PROJECT CHANGE REQUEST
Appendix A: Automated Attachment Validation
CO-19_Automated
Attachment Validation
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Support Post Data Migration
Start Date TBD
Feb
Live
-
Support
Post Go
Migration of KIVA data in Amanda PROD
Jan
Conversion Testing & Issue Resolution
Go Live Prep
Testing (UAT)
'21
Live
-
Dec
Finish Data Conversion Mapping and Development
TBD
Fri 10/8/21
Go
-
10/4/21
*In Progress KIVA Records*
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Build
Mon
Fri 9/17/21
Fri 10/1/21
'21
Fri 10/1/21
Fri 8/6/21
Nov
Mon 8/16/21
Mon 9/27/21
Production Support
Mon 9/20/21
Mon 7/14/21
Live
Fri 8/13/21
-
Live Prep
-
Support
GoPost Go
End User Training
Mon 8/9/21
User Acceptance Testing
Training
End User
Go Live Prep
OPTION 1: AMANDA Implementation for New Applications Only
Testing (UAT)
Train the Trainer Sessions
Live
-
Go
10/4/21
Training
Complete New Configuration & Interface development
*New Applications Only*
Build