HomeMy WebLinkAboutCAG2023-099 - Original - WA State Dept of Commerce - East Hill North Community Park: 1st Phase Construction & Design - 07/01/2021 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr: TJ T1 7
Agreement Routing Form Dir Asst: _e/-
• For Approvals,Signatures and Records Management Dir/Dep: az-
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. eL
W A S H I N G T O N (Print on pink or cherry colored paper) (optional)
Originator: Department:
KateLynn Jennings for Bryan Higgins Parks, Recreation &Community Services
Date Sent: Date Required:
> 11/29/2023 12/6/2023
O
Q Authorized to Sign: Date of Council Approval:
Q Director or DesigneeV Mayor 11/21/2023
Budqet Account Number: Grant?V]Yes []No
P21067
Budget?V1 Yes 171No Type: State
Vend Category:
WA State epartment of Commerce Grant: Non-Real Property
Vendor Numbe Sub-Category:
Original
O East Hill North Community Park
Project Name:
E
0 Funds shall be used by for the first phase of construction and design for the East Hill North
O Project Details:Community Park,formerly named Panther Lake Community Park.
C
�1
Agreement AAM,,,960,000Basis for Selection of Contractor: Other
*Memo to Mayor must be attached
i Start Date: 7/1/2021 Termination Date: 6/30/2027
Q Local Business?r7es17No* If meets requirements per KCC3.70.100,pleosecomplete"VendorPurchase-Locol Exceptions"form onCityspace.
Business License Verification: Yes In-Process Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
1r7Yes QNo CAG2023-099
Comments:
Washington State Departmj�a)t of Commerce will route electronically for Mayor signature after Legal
C review/approval.
O y
• i
pOC Date Received by City Attorney: 12/1/23
C1 Date Routed to the Mayor's Office:
12/15/23
v1
Date Routed to the City Clerk's Office: 12/15/23
aaccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.200821
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
.I►' Washington State
Department of
Vmw Commerce
Grant to
City of Kent
through
The 2022 Local & Community Projects Program
For
East Hill North Community Park (Kent) - First phase of
construction and design for the East Hill North Community Park
formerly named as Panther Lake Community Park.
Start date: 7/1/2021
Washington State Department of Commerce - Ver.06_09_22
www.commerce.wa.gov
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
TABLE OF CONTENTS
FaceSheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................2
1. Grant Management..................................................................................2
2. Compensation..........................................................................................2
3. Certification of Funds Performance Measures .........................................2
4. Prevailing Wage Law............................................................................... 3
5. Documentation and Security.................................................................... 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property....4
7. Expenditures Eligible for Reimbursement ................................................4
8. Billing Procedures and Payment..............................................................4
9. Subcontractor Data Collection...................................................... 5
10. Insurance................................................................................................. 5
11. Order of Precedence................................................................................7
12. Reduction in Funds..................................................................................7
13. Ownership of Project/Capital Facilities.....................................................7
14. Change of Ownership or Use for GRANTEE-Owned Property.................7
15. Change of Use for Leased Property Performance Measure.....................8
16. Modification to the Project Budget............................................................8
17. Signage, Markers and Publications..........................................................8
18. Historical and Cultural Artifacts................................................................9
19. Reappropriation ....................................................................................... 9
20. Termination for Fraud or Misrepresentation ............................................. 9
21. Fraud and Other Loss Reporting............................................................ 10
22. Public Records Act................................................................................. 10
23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10
General Terms and Conditions ....................................................................................... 1
1. Definitions................................................................................................ 1
2. Access to Data......................................................................................... 1
3. Advance Payments Prohibited ................................................................. 1
4. All Writings Contained Herein .................................................................. 1
5. Amendments............................................................................................ 1
6. Americans with Disabilities Act (ADA)......................................................2
7. Assignment..............................................................................................2
8. Attorney's Fees........................................................................................2
9. Audit ........................................................................................................2
10. Breaches of Other State Contracts ..................................................3
11. Confidentiality/Safeguarding of Information.............................................. 3
12. Conflict of Interest.................................................................................... 3
13. Copyright Provision..................................................................................4
14. Disputes...................................................................................................4
15. Duplicate Payment................................................................................... 5
16. Governing Law and Venue....................................................................... 5
17. Indemnification......................................................................................... 5
18. Independent Capacity of the Grantee.......................................................5
19. Industrial Insurance Coverage .................................................................5
20. Laws........................................................................................................6
21. Licensing, Accreditation and Registration ................................................6
22. Limitation of Authority ..............................................................................6
23. Noncompliance with Nondiscrimination Laws...........................................6
24. Pay Equity..................................................................................6
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
25. Political Activities .....................................................................................7
26. Publicity...................................................................................................7
27. Recapture................................................................................................7
28. Records Maintenance..............................................................................7
29. Registration with Department of Revenue................................................7
30. Right of Inspection............................................................ ..........7
31. Savings....................................................................................................8
32. Severability..............................................................................................8
33. Site Security.............................................................................................8
34. Subgranting/Subcontracting.....................................................................8
35. Survival....................................................................................................8
36. Taxes.......................................................................................................8
37. Termination for Cause .............................................................................8
38. Termination for Convenience...................................................................9
39. Termination Procedures...........................................................................9
40. Treatment of Assets............................................................................... 10
41. Waiver ................................................................................................... 10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
FACE SHEET
Grant Number: 22-96634-128
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
L GRANTEE 2.GRANTEE Doing Business As(optional)
City of Kent
220 4th Ave S
Kent,Washington 98032
3.Grantee Representative 4.COMMERCE Representative
Bryan Higgins Katrina Perez
Parks Capital Project Manager Project Manager P.O.Box 42525
(253)856-5113 (360)688-6127 1011 Plum Street SE
Fax 360-586-5880 Olympia,WA 98504-2525
bhiggins@kentwa.gov katrina.perez@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$1,960,000.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/l/2021 6/30/2027,contingent on
reappropriation,
6/30/2025 if funds are not
reappropriated
9.Federal Funds(as applicable) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
91-6001254 SWV0000552-00 173-000-002 N/A
14.Grant Purpose
The purpose of this performance-based contract is for the first phase of construction of the East Hill North Community Park,
formerly named as Panther Lake Community Park,as described in Attachment A—Scope of Work(the"Project").
COMMERCE,defined as the Department of Commerce,and the GRANTEE,as defined above,acknowledge and accept the terms
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment`B"—Budget,Attachment"C"—
Certification of Availability of Funds to Complete the Project,Attachment"D"—Certification of the Payment and Reporting of
Prevailing Wages,Attachment"E"—Certification of Intent to Enter LEED process.
` r-V1VTEE WOOM IERCE
LV MA
Dana Ralph,Mayor Mar ar ey,Assistant Director
12/13/2023 1 4:11 PM PST 12/15/2023 1 10:14 AM PST
Date Date
APPROVED AS TO FORM
Dawn Cortez,Assistant AttorqK General
Washington state-orrice or the Attorney General Date 9/12/2023
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Kent ("GRANTEE"), a Unit of Local Government,
and the Washington State Department of Commerce ("COMMERCE"), WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5)to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075,
made an appropriation to support the 2022 Local &Community Projects Program, and made
reappropriations in Laws of 2022, Chapter 296, Section 1022 and Laws of 2023, Chapter 474,
Section 7012 and directed COMMERCE to administer those funds; and
WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, 1025, made an
appropriation to support the 2024 Local and Community Projects Program, and directed
COMMERCE to administer those funds, which are being administered in Contract Number 24-
96647-080; and
WHEREAS, the GRANTEE intends to complete the Project, which will result in the first phase of
construction of East Hill North Community Park, formerly named Panther Lake Community Park;
and
WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for
the Project.
WHEREAS, the Project is one component of a larger multiphase project, which will result in a
community park within the Panther Lake Annexation Area, one of the City of Kent's most
underserved regions. This park will add recreational value in the region by redeveloping existing
parks. To meet the needs of the growing city, this site will service as a new top tier park location
for community members.
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $1,960,000.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over$250,000 in state funds. Additionally,
Commerce reserves the right to review all state-funded projects and to require that projects
performed by other entity types comply with this section. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for pre-design or design only
are exempt from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety(90) days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
period of ten (10) years following the later of: (1)final payment of state funds to the GRANTEE
under this grant; or(2)the date when the facility improved or acquired with grant funds, or a
distinct phase of the Project, is made useable to the public for the purpose intended by the
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to
reconvey the Deed of Trust.
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DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the
commitment period under this grant contract, COMMERCE may require that GRANTEE record or
cause to be recorded a covenant in a superior lien position ahead of the lender's security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this
contract for at least the term of the commitment period
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty(30)days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures corresponding to activities described in the Scope of Work in the following cost
categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
4
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice
Voucher(Form A-19), that documents capitalized Project activity performed—by budget line item —
for the billing period.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty(30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty(60)days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with
Section 19, hereof.
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
5
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
10. INSURANCE
A. Insurance Requirements for Reimbursable Activities
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either,
while performing under the terms of this Grant.
B. Additional Insurance Requirements During the Term of the Grant
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide
adequate insurance coverage for the activities arising out of subgrants. Commercial General
Liability Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15.
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards, as applicable:
• Loss or damage by fire and such other risks;
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises;
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive$10,000 or more per year in funding through this Grant shall secure
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this
Grant until Commerce has issued a Close-Out Letter to the Grantee. Fidelity Insurance must be
issued on either(a) a "loss sustained" basis; or(b) if issued on a "loss-discovered" basis, provide
coverage for at least six months (6 months)following the date of the Close-Out Letter or include an
extended reporting period of at least six months following the date of the Close-Out Letter.
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DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30)calendar days advance notice of any insurance cancellation or modification.
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty(30) days advance written notice of cancellation.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
calendar days prior to expiration of each policy required under this section.
Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE
shall require that any contractors providing professional services that are reimbursable under this
Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall
require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence.
The state of Washington, its agents, officers, and employees need not be named as additional
insureds under these policies.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program—With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool
or self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3)the Washington State Auditor's annual instructions for financial reporting.
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B—Budget
• Attachment C—Certification of the Availability of Funds to Complete the Project
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages
• Attachment E—Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. REDUCTION IN FUNDS
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DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
In the event state funds appropriated for the work contemplated under this contract are withdrawn,
reduced, or limited in any way by the Governor or the Washington State Legislature during the
contract period, the parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1)the
date the final payment is made hereunder; or(2)the date when the facility improved or acquired
with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose
intended by the Legislature.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this contract.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10)years from the later of: (1)the date the final payment is made hereunder; or(2) the
date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is
made usable to the public for the purpose intended by the Legislature.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the
effective date of the legislation in which the subject facility was authorized. Repayment shall be
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
16. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget (Attachment B), hereof, that will not increase the
line item by more than fifteen percent (15%).
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B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail)when proposing any
budget modification or modifications to a line item in the Project Budget(Attachment B,) hereof,
that would increase the line item by more than fifteen percent (15%). Conversely, COMMERCE
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%)threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
any such communication or publication must identify"The Taxpayers of Washington State" as a
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract.
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize,
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this
Contract.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
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Completion of the requirements of Section 106 of the National Historic Preservation Act shall
substitute for completion of Governor's Executive Order 21-02.
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2025 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to
terminate or amend this contract accordingly, including the right to recapture all funds disbursed to
the GRANTEE under the Grant.
21. FRAUD AND OTHER LOSS REPORTING
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
22. PUBLIC RECORDS ACT
Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject
to the Public Records Act, Chapter 42.56 RCW (the"PRA"). Under the PRA, all materials relating to
the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by COMMERCE or its functional equivalents are considered public records.
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE
receives a public records request for files that may include confidential information under General
Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the
date that the records will be released to the requester unless GRANTEE obtains a court order
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure,
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA,
COMMERCE shall maintain the confidentiality of the information per the court order.
23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN
WORK
The "Copyright Provisions", Section 13 of the General Terms and Conditions, are not intended to
apply to any architectural and engineering design work funded by this grant.
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1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between
COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials
incorporated by reference, and any amendments executed by the parties.
D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
E. "Personal Information"shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms"subgrantee/subcontractor" refers to any tier.
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
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6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs.
9. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty(30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
auditreviewCa_�commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
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• Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
10. BREACHES OF OTHER STATE CONTRACTS
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State
of Washington. A breach of any other agreement entered into between GRANTEE and the State of
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
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execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified
individually by name, the agency previously or currently employed by,job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE
may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this contract.
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3)working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)working days.
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The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
15. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses. The GRANTEE certifies that work to be performed under this contract
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or
agreement.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys'fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
The Contractor's obligation shall not include such claims that may be caused by the sole negligence
of the State and its agencies, officials, agents, and employees. If the claims or damages are caused
by or result from the concurrent negligence of(a)the State, its agents or employees and (b) the
Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or
employees.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
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19. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the GRANTEE.
20. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
21. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
22. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
The funds provided under this contract may not be used to fund religious worship, exercise, or
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
24. PAY EQUITY
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(i)A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels.
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(ii)A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii)A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
25. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
26. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6)year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
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30. RIGHT OF INSPECTION
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, 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, compliance,
and/or quality assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
32. SEVERABILITY
The provisions of this Grant 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 Grant.
33. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant.
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not
liable for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without
the express written consent of COMMERCE or as provided by law.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
37. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant.
8
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the
need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant
may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience"
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii)other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
9
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
40. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
41. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
10
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Attachment A
Scope of Work
Funds awarded under this grant shall be used by the City of Kent for the first phase of construction and
design for the East Hill North Community Park, formerly named Panther Lake Community Park, located at
13525 SE 216th St Kent, WA 98042.
The first phase of construction will result in immediate public park access and will include, but not be
limited to, construction of an on-site parking lot, a restroom, loop trail, informal play lawn, picnic shelter,
access to the Soos Creek Trail and a nature-based playground.Water service will be required for a
restroom. Geo technical investigations and natural area delineations will assist with park design and
determine where park features like the parking lot, shelters, playgrounds, and trails can be built. Lastly,
there will be storm water treatment and frontage improvements which are all linked to the construction of
a parking lot.
This project will serve as a benefit to the public by providing recreational access for a growing area of the
city. This site will serve as a new top tier park location for this community. This project will substantially
improve park access and improved amenities. This park will provide new trails for all ages and abilities,
provide immersive nature-based experiences, and community gathering area and space for variety of
events.
This project is anticipated to be completed by June 2025.
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be
within the scope of the legislative appropriation.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
DocuSigneed Iby:
GRANTEE 1
Mayor
TITLE
12/13/2023 4:11 PM PST
DATE
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Attachment B
Budget
Line Item Amount
Architecture & Engineering $500,000.00
Construction $4,180,000.00
Other: Permitting, Land Survey, Testing $250,000.00
Total Contracted Amount: $4,930,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
DocuSigneed,Iby:
GRANTEE1
Mayor
TITLE
12/13/2023 4:11 PM PST
DATE
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Attachment C
Certification of the Availability of Funds to Complete the Project
Non-State Funds Amount Total
City of Kent Parks Capital $1,000,000.00
America Rescue Plan Act $1,000,000.00
Total Non-State Funds $2,000,000.00 $2,000,000.00
State Funds
State Capital Budget $1,960,000.00
Department of Commerce 23-25 24-96647-080 $970,000.00
Total State Funds $2,930.000.00 $2,930.000.00
Total Non-State and State Sources $4,930,000.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request.
DocuSigned by:/.
G PC
Mayor
TITLE
12/13/2023 1 4:11 PM PST
DATE
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the Project appropriation becomes effective, including but not limited to the filing of the "Statement of
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The
GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall
make such records available for COMMERCE'S review upon request.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
FV
DocuSign��ed�Iby�:
AdIt.A- 1`.*L
G 14442
Mayor
TITLE
12/13/2023 1 4:11 PM PST
DATE
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Attachment E
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below.
GRANTEE
TITLE
DATE
Not Applicable
DocuSign Envelope ID:2953B346-335C-4851-A1A1-D88049658A93
Community Capital Facilities Routing List
Name &Title Signature Date
Erin Lalonde
Budget Analyst Review&Approval DocuSigned by:
E
w WhV41, 1.2/13/2023 9:25 AM PST
3FFFOA48BBF04A0...
Addeline Craig
Managing Director Review &Approval DocuSigned by:
d,�llil.t� ���
Ea0616141OF7AO449
1 /14/2023 1 12:36 PM PST
...
Tony Hanson
Deputy Director Final Review&Approval DocuSigned by: 1 /15/2023 1 10:12 AM PST
E65C599C401AD40A...
DocuSign
Certificate Of Completion
Envelope Id:2953B346335C4851 Al Al D88049658A93 Status:Completed
Subject: Please DocuSign: 19-21 Contract-CMS Merge.docx, LDR APPROVAL CAPITAL PROGRAMS.pdf
Division:
Local Government
Program:CCF-Capital Programs
Co ntractN u m ber:22-96634-128
DocumentType:Contract
Source Envelope:
Document Pages:29 Signatures:9 Envelope Originator:
Certificate Pages:6 Initials:0 Katrina Perez
AutoNav: Enabled 1011 Plum Street SE
Envelopeld Stamping:Enabled MS 42525
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
Katrina.Perez@commerce.wa.gov
IP Address: 147.55.134.93
Record Tracking
Status:Original Holder: Katrina Perez Location: DocuSign
12/13/2023 5:27:43 AM Katrina.Perez@commerce.wa.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status: Connected Pool:Washington State Department of Commerce Location: DocuSign
Signer Events Signature Timestamp
Erin LaLondeS9��"�d11' d� Sent: 12/13/2023 5:32:27 AM
erin.lalonde@commerce.wa.gov �w tf^iN�//' Viewed: 12/13/2023 9:23:56 AM
SecurityLevel:Email Account Authentication ED
3FFFOA48BBF04AO Signed: 12/13/2023 9:25:34 AM
� 9
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.239.106.209
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dana Ralph EDI-Sig"ed by: Sent: 12/13/2023 9:25:35 AM
dralph@kentwa.gov MA FA tL Viewed: 12/13/2023 4:11:03 PM
Mayor 93F99067Fo24442 Signed: 12/13/2023 4:11:53 PM
Security Level:Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 146.129.252.126
Electronic Record and Signature Disclosure:
Accepted:8/30/2021 8:46:06 AM
ID:7b663943-2c38-4dd2-a37c-8da3bd6f4fd9
Addeline Craig D .Sg dby: Sent: 12/14/2023 12:35:06 PM
addeline.craig@commerce.wa.gov E
�p.tLVx CyAio Viewed: 12/14/2023 12:36:10 PM
Mana in Director o616141OF7AO44g Signed: 12/14/2023 12:36:27 PM
Managing 9
Washington State Department of Commerce
Security Level:Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address: 198.239.106.195
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
S" d by:Tony Hanson ED
hSent: 12/14/2023 12:36:29 PM
tony.hanson@commerce.wa.gov olnl RaanSbin Viewed: 12/15/2023 10:12:09 AM
Washington State Department of Commerce 65C599C401AD40A Signed: 12/15/2023 10:12:20 AM
Security Level:Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 147.55.134.61
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Mark Barkley D Sg Eby: Sent: 12/15/2023 10:12:24 AM
mark.barkley@commerce.wa.gov E80312BO4865C458A1°7ot u, Viewed: 12/15/2023 10:14:04 AM
Assistant Director Signed: 12/15/2023 10:14:09 AM
Washington State Department of Commerce
Security Level:Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address: 147.55.149.202
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Katrina Perez I EVIV E D Sent: 12/13/2023 4:11:54 PM
katrina.perez@commerce.wa.gov Viewed: 12/14/2023 12:35:06 PM
Washington State Department of Commerce
Security Level:Email,Account Authentication Using IP Address: 198.239.10.226
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Katrina Perez
I E Sent: 12/15/2023 10:14:12 AM
katrina.perez@commerce.wa.gov
Washington State Department of Commerce
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 12/13/2023 5:32:27 AM
Certified Delivered Security Checked 12/15/2023 10:14:04 AM
Signing Complete Security Checked 12/15/2023 10:14:09 AM
Completed Security Checked 12/15/2023 10:14:12 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:8/11/2020 4:44:12 PM
Parties agreed to: Dana Ralph
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Washington State Department of Commerce (we,us or Company) may be
required by law to provide to you certain written notices or disclosures. Described below are the
terms and conditions for providing to you such notices and disclosures electronically through the
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`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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disclosure in paper format and withdraw your consent to receive notices and disclosures
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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receive required notices and consents electronically from us or to sign electronically documents
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Washington State Department of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: docusign@commerce.wa.gov
To advise Washington State Department of Commerce of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at docusign@commerce.wa.gov and
in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Washington State Department of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to docusign@commerce.wa.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Washington State Department of Commerce
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to docusign@commerce.wa.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
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The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign com/guides/sig er- ug ide-
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To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and(i)that you are able to print on paper or electronically save this ERSD for
your future reference and access; or(ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to `I agree to use electronic records and signatures' before
clicking `CONTINUE' within the DocuSign system.
By selecting the check-box next to `I agree to use electronic records and signatures', you confirm
that:
• You can access and read this Electronic Record and Signature Disclosure; and
• You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
• Until or unless you notify Washington State Department of Commerce as described
above, you consent to receive exclusively through electronic means all notices,
disclosures, authorizations, acknowledgements, and other documents that are required to
be provided or made available to you by Washington State Department of Commerce
during the course of your relationship with Washington State Department of Commerce.
8.F
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington State Department of Commerce East Hill North
Community Park Grant 2021 - Authorize
MOTION: I move to accept grant funds in the amount of $1,960,000 from
the Washington Department of Commerce for East Hill North Community
Park, amend the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: This Department of Commerce grant for $1,960,000 through the 2022
Local and Community Projects Program will assist with funding construction of the
first phase of development for East Hill North Community Park.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
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. PPD-WADOC Grant - EHN Community Park-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 38
Signature: Ten-o ,j�awy Signature: 18
Terry JungnYan(Nov 30, 02310:06 PST)
Email: tjungman@kentwa.gov Email: rlashley@kentwa.gov
Signature: 8rca4pt�Lever, Ht-
Brian Levenhagen(Nov 30,20 16:39 PST)
Email: bjlevenhagen@kentwa.gov
PPD_WADOC Grant - 2021 EHN Community
Park_112923
Final Audit Report 2023-12-01
Created: 2023-11-30
By: KateLynn Jennings(kjennings@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAjIBLzaAAS2wjiLTu7SNB49f2ISSE4hZF
"PPD_WADOC Grant - 2021 EHN Community Park_112923" His
tory
Document created by KateLynn Jennings (kjennings@kentwa.gov)
2023-11-30-0:48:03 AM GMT-IP address: 146.129.252.126
Document emailed to Terry Jungman (tjungman@kentwa.gov)for signature
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Document e-signed by Ronald Lashley (rlashley@kentwa.gov)
Signature Date:2023-11-30-7:09:22 PM GMT-Time Source:server-IP address:98.203.220.144
Document emailed to bjlevenhagen@kentwa.gov for signature
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Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen
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