HomeMy WebLinkAboutCAG2024-030 - Application - Washington Department of Natural Resources - 3 WDNR Grant Applications for Urban Forestry - 01/08/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:
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Agreement Routing Form Dir. Assist:
�• For Approvals,Signatures and Records Management
KK\.17N T This form combines&replaces the Request for Mayor's Signature and Contract Cover �o
WASHINGTON Sheet forms. Dir/Dep Dir: e
B!
Originator: Department:
Shayla Ott Parks, Recreation & Community Services
Date Sent: Date Required:
> 01/04/2024 01/08/2024
0
A. Authorized to Sign: Date of Council Approval:
CL Director or Designee N/A
a
Budget Account Number: Grant?oYes No
Budget? YeSENo Type: State
Vendor Name: Category:
Washington Department of Natural Resources Application
Vendor Number: Sub-Category:
Ic Original
o Application for 3 rants from WDNR for Urban
''o Project Name: PP 9 Forestry
0
Project Details:Apply for 3 grants for WDNR for Urban Forestry Planting, Community
Engagement and Canopy Assesment
Ic
d
Agreement Amount: $350K MaX Basis for Selection of Contractor: Other
*Memo to Mayor must be attached
i Start Date: 01/08/2024 Termination Date: 06/01/2027
1M
'Q Local Business? YesFV1No* If meets requirements per KCC3.70100,please complete"Vendor Purchase-Local Exceptions"formonCityspace.
Business License Verification: Yes In-ProcessFV Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
YesF CAG2024-030
Comments:
c+ *Applications to be submitted Jan 8th
C *Exhibit A to be filled out. Form will be uploaded to WDNR for application
*Maximum $350,000 combined all 3 grants
3 � *Exhibit D no signature required. Sample Terms & Conditions should City of Kent
.; m receive the grants.
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Date Routed to the City Clerk's Office: 1/12/2024
eawu3r3_i_o Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
DNR RFA:24-16
EXHIBIT A—CERTIFICATION AND ASSURANCES FORM
BIDDER/APLICANT INFORMATION
Business Name: C u �—
Name of Authorized Representative:
Address:
City: kC4A+ State: � Zip: 11 9g032-
Cell Phone:
Office Phone: 2 S 3__ 8�(P L f
E-mail: b J 12ve h Co k eNrt wo v
TIN(Tax Identification Number):
LiInternal Revenue Service d ZS
WA UBI(Unified Business Identifier):
WA Department of Lieensin 1 4 3 C0000 L'
ALL IN-STATE BIDDERS/APPLICANTS MUST BE LICENSED TO DO BUSINESS IN WASHINGTON STATE.
OUT-OF-STATE BIDDERS/APPLICANTS SHOULD SEEK GUIDANCE FROM WA DEPARTMENT OF
LICENSING FOR SPECIFIC UBI REQUIREMENTS.
EXECUTIVE STAFF
List information for each principal officer (President, Vice-President, Treasurer,
Chairperson of the Board of Directors, etc.).
NAME TITLE ADDRESS PHONE NUMBER
Julie Parascondola Parks Director 220 4th Ave S, Kent WA 9803 253-853-5000
Brian Levenhagen Deputy Parks Direci or 220 4th Ave S, Kent WA 98032 253-856-5000
Bidder/Applicant makes the following certifications and assurances as a required element of the bid,
quotation, and/or proposal, to which it is attached, understanding that the truthfulness of the facts
affirmed here and the continuing compliance with these requirements are conditions precedent to the
award or continuation of the related contract(s):
WA State Department of Natural Resources Page 31 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
1. UNDERSTANDING. Bidder certifies that Bidder has read, thoroughly examined, and fully
understands all of the provisions in the Competitive Application (including all exhibits) and the
terms and conditions of the Contract and any amendments or clarifications to the Competitive
Application and agrees to abide by the same.
2. ACCURACY.Bidder declares that all answers and statements made in the bid, quotation, and/or
proposal are true and correct.
3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES.The prices and/or cost data have
been determined independently, without consultation, communication, or agreement with others
for the purpose of restricting competition. However,Bidder may freely join with other persons or
organizations for the purpose of presenting a single bid, quotation, and/or proposal.
4. FIRM OFFER. The attached bid, quotation, and/or proposal is a firm offer for a period of 90
calendar days following receipt, and it may be accepted by the Agency without further negotiation
(except where obviously required by lack of certainty in key terms) at any time within the 90-day
period.
5. CONFLICT OF INTEREST. In preparing this bid, quotation, and/or proposal, Bidder has not
been assisted by any current or former employee of the State of Washington whose duties relate
(or did relate)to this bid,quotation,and/or proposal or prospective contract,and who was assisting
in other than his or her official,public capacity. (Any exceptions to these assurances are described
in full detail on a separate page and attached to this document.)
6. NO REIMBURSEMENT.Bidder understands that the Agency will not issue reimbursement for
any costs incurred in the preparation of this bid, quotation, and/or proposal. All bids, quotations
and/or proposals become the property of the Agency, and the Bidder claim no proprietary right to
the ideas, writings, items, or samples,unless so stated in this bid, quotation, and/or proposal.
7. DISCLOSURE. Unless otherwise required by law, the prices and/or cost data that have been
submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed
by the bidder prior to award, directly or indirectly to any other Bidder or to any competitor.
8. PERFORMANCE. Bidder agrees that submission of bid documents, quotation and/or proposal
constitutes acceptance of the Application contents, including all attached or linked terms and
conditions. If there are any exceptions to these terms and conditions, the Bidder has described
those exceptions in detail on a page attached to Bidder's submission documents.
9. HARASSMENT. Per RCW 43.01.135, Sexual harassment in the workplace, Agency
Contractors/Grantee hereby have access to DNR Policy POO1-052 Sexual Harassment:
https•//www.dnr.wa.gov/publications/em harassment prevention policy.pdf
10. RESTRICTING COMPETITION.No attempt has been made or will be made by the Bidder to
persuade any other person or firm to submit or not to submit a bid, quotation, and/or proposal for
the purpose of restricting competition.
WA State Department of Natural Resources Page 32 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
11. REFERENCES. Bidder grants the Agency the right to contact references and others, who may
have pertinent information regarding the Bidder's prior experience and ability to perform the
goods delivered or services rendered contemplated in this procurement.
12. LICENSED IN WASHINGTON STATE. Bidder will become licensed to do business in the
State of Washington (if applicable) prior to providing delivered goods or rendered services to
DNR.
13. PREVIOUS STATE EMPLOYEES. If any staff member(s) who will perform work on this
contract has retired from the State of Washington under the provisions of the 2008 Early
Retirement Factors legislation,list their name(s) on a separately attached page. WAC 415.02.325
RCW 41.50.139
14. DEBARMENT.Bidder certifies as follows(must check one):
Ix NO DEBARMENT. Bidder and/or its principals are not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from contracting with
any federal, state, or local governmental entity.
OR
❑ DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or
its principals presently are debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from contracting with a federal, state, or local
governmental entity.
15. CRIMINAL OFFENSE. Bidder certifies as follows (must check one):
[ NO CRIMINAL OFFENSE. Bidder and its officers, directors, and managers have not,
within the three (3) year period preceding the date of this Competitive Application , been
convicted or had a civil judgment rendered against Bidder or such officers, directors, and
managers for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a governmental contract; violation of any federal or
state antitrust statute; or commission of embezzlement, theft, forgery,bribery, falsification
or destruction of records, making false statements, or receiving stolen property. Bidder
further certifies that Bidder and its officers, directors, and managers are not presently
indicted or otherwise criminally or civilly charged by a governmental entity with
commission of any of the offenses enumerated in this paragraph.
OR
❑ CRIMINAL OFFENSE.As detailed on the attached explanation(Bidder to provide),within
the three (3) year period preceding the date of this Competitive Application , Bidder or its
officers, directors, or managers have been convicted or had a civil judgment rendered
against Bidder or such officers,directors,or managers for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a governmental
contract;violation of any federal or state antitrust statute; or commission of embezzlement,
WA State Department of Natural Resources Page 33 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
theft, forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property.
16. TERMINATION FOR DEFAULT OR CAUSE.Bidder certifies as follows(must check one):
NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3)
year period preceding the date of this Competitive Application,had one(1)or more federal,
state, or local governmental contracts terminated for cause or default.
OR
❑ TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation
(Bidder to provide),within the three(3)year period preceding the date of this Competitive
Application,Bidder has had one(1)or more federal, state,or local governmental contracts
terminated for cause or default.
17. TAXES.Bidder certifies as follows (must check one):
TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has
arranged for payment of all taxes due to the State of Washington and has filed all required
returns and reports as applicable.
OR
❑ DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide),
Bidder has not paid or arranged for payment of all taxes due to the State of Washington
and/or has not timely filed all required returns and reports as applicable.
18. FINANCIALLY SOLVENT.Bidder certifies as follows (must check one):
FINANCIALLY SOLVENT. Bidder is financially stable and solvent, has adequate cash
reserves to meet all financial obligations, has not commenced bankruptcy proceedings
voluntarily or otherwise,and is not subject to any judgments,liens,or encumbrances of any
kind affecting title to any Goods or Services that are the subject of this Competitive
Application.
OR
❑ NOT FINANCIALLY SOLVENT. As detailed on the attached explanation (Bidder to
provide), Bidder is not financially stable and solvent—i.e., Bidder does not have adequate
cash reserves to meet all financial obligations, has commenced bankruptcy proceedings
voluntarily or otherwise, or is subject to a judgment, lien, or encumbrance that affects title
to the Goods or Services that are the subject of this Competitive Application.
19. LAWFUL REGISTRATION.Bidder,if conducting business other than as a sole proprietorship
certifies as follows (must check one):
NOTE:This certification applies only to bidders that are organized as separate legal entities
(e.g.,a corporation,partnership,Limited Liability Company). If bidder is a sole proprietor,
this certification should not be answered.
WA State Department of Natural Resources Page 34 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
1 CURRENT LAWFUL REGISTRATION. Bidder is in good standing in the State of
Washington and the jurisdiction where Bidder is organized, including having timely filed
all required annual reports.
OR
❑ DELINQUENT REGISTRATION. As detailed on the attached explanation (Bidder to
provide), Bidder currently is not in good standing in the State of Washington and/or the
jurisdiction where Bidder is organized.
20. REGISTRATION WITH WASHINGTON SECRETARY OF STATE. Bidder, is
conducting business other than as a sole proprietorship,certifies as follows (must check one):
NOTE: This certification applies only to bidders that are organized as separate legal
entities (e.g., a corporation, partnership, Limited Liability Company). If bidder is a sole
proprietor,this certification should not be answered.
BIDDER IS REGISTERED WITH WASHINGTON SECRETARY OF STATE. Bidder is
registered with the Washington Secretary of State, is in good standing, and has the
following Unified Business Identifier(UBI)number:
OR
❑ BIDDER WILL REGISTER WITH WASHINGTON SECRETARY OF STATE. Bidder
is not registered with the Washington Secretary of State but, if designated as the Apparent
Successful Bidder,Bidder will register with the Washington Secretary of State and obtain
a UBI number within twenty-four (24) hours of such designation or notification by the
Agency or be deemed a nonresponsive bid.
OR
❑ BIDDER IS NOT REGISTERED WITH WASHINGTON SECRETARY OF STATE.
Bidder is not registered with the Washington Secretary of State and Bidder declines to
register with the Washington Secretary of State.
21. REGISTRATION WITH WASHINGTON STATE DEPARTMENT OF REVENUE.
Bidder certifies as follows(must check one):
BIDDER IS REGISTERED WITH WASHINGTON STATE DEPARTMENT OF
REVENUE. Bidder is registered with the Washington State Department of Revenue, has
a business license to do business in Washington, and has the following Unified Business
Identifier(UBI)number: I V-)C00002. .
OR
❑ BIDDER WILL REGISTER WITH WASHINGTON STATE DEPARTMENT OF
REVENUE. Bidder is not registered with the Washington State Department of Revenue
but, if designated as the Apparent Successful Bidder, Bidder will register with the
Washington State Department of Revenue and obtain a business license within twenty-
WA State Department of Natural Resources Page 35 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
four (24) hours of such designation or notification by the Agency or be deemed a
nonresponsive bid.
OR
❑ BIDDER IS NOT REGISTERED WITH WASHINGTON STATE DEPARTMENT OF
REVENUE. Bidder is not registered with the Washington State Department of Revenue
and Bidder declines to register with the Washington State Department of Revenue.
22. WAGE THEFT PREVENTION. Bidder certifies as follows (must check one):
I No Wage Violations. This firm has NOT been determined by a final and binding citation
and notice of assessment issued by the Washington Department of Labor and Industries or
through a civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.49.082, any provision of RCW chapters 49.46,
49.48,or 49.52 within three(3)years prior to the date of the above-referenced procurement
Application date.
OR
❑ Violations of Wage Laws. This firm has been determined by a final and binding citation
and notice of assessment issued by the Washington Department of Labor and Industries or
through a civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46,
49.48.or 49.52 within three(3)years prior to the date of the above-referenced procurement
Application date.
23. WORKERS' RIGHTS (EXECUTIVE ORDER 18-03). Bidder certifies as follows (must
check one):
No Mandatory Individual Arbitration Clauses and Class or Collective Action Waivers for
Employees.Bidder does NOT require its employees,as a condition of employment,to sign
or agree to mandatory individual arbitration clauses or class or collective action waivers.
OR
❑ Mandatory Individual Arbitration Clauses and Class or Collective Action Waivers for
Employees.Bidder requires its employees, as a condition of employment,to sign or agree
to mandatory individual arbitration clauses or class or collective action waivers.
24. WASHINGTON STATE SUBCONTRACTORS. Bidder certifies as follows (must check
one):
❑ No Subcontractors. If awarded a Contract, Bidder will not use subcontractors to provide
the goods and/or services subject to this Competitive Application.
OR
Yes Subcontractors. If awarded a Contract, Bidder will use subcontractors to provide the
goods and/or services subject to this Competitive Application.Bidder must complete in its
entirety EXHIBIT C—Sub Contractor inclusion plans per DES POL-DES-090-06
WA State Department of Natural Resources Page 36 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
In such event,Bidder certifies that,as to the Agency,Bidder shall retain responsibility for
its subcontractors, including, without limitation, liability for any subcontractor's acts or
omissions. Note: Bidder must provide the precise legal name (including state of
organization), business address, and federal tax identification number (TIN) for each
subcontractor. Note: Do not provide any SSN.
25. WASHINGTON STATE CERTIFIED SMALL BUSINESS. Bidder certifies as follows
(must check one):
❑ Washington Small Business. Bidder is a Washington Small Business as defined in RCW
39.26.010. To qualify as a Washington Small Business, Bidder must meet three (3)
requirements:
• Location. Bidder's principal office/place of business must be located in and identified
as being in the State of Washington. A principal office or principal place of business
is a firm's headquarters where business decisions are made and the location for the
firm's books and records as well as the firm's senior management personnel.
• Size.Bidder must be owned and operated independently from all other businesses and
have either: (a) fifty (50) or fewer employees; or(b) gross revenue of less than seven
million dollars($7,000,000)annually as reported on Bidder's federal income tax return
or its return filed with the Washington State Department of Revenue over the previous
three consecutive years.
• WEBS Certification.Bidder must have certified its Washington Small Business status
in Washington's Electronic Business Solution(WEBS).
OR
Not Washington Small Business.Bidder is not a Washington Small Business as defined in
RCW 39.26.010.
26. WASHINGTON STATE CERTIFIED VETERAN-OWNED BUSINESS. Bidder certifies
as follows (must check one):
❑ Certified Veteran-Owned Business. Bidder is a Certified Veteran-Owned Business under
RCW 43.60A.190. To qualify as a Certified Veteran-Owned Business,Bidder must meet
four(4)requirements:
• 51%Ownership. Bidder must beat least fifty-one percent(51%)owned and controlled
by:
a. A veteran as defined as every person who at the time he or she seeks certification
has received a discharge with an honorable characterization or received a discharge
for medical reasons with an honorable record, where applicable, and who has
served in at least one of the capacities listed in RCW 41.04.007;
b. A person who is in receipt of disability compensation or pension from the
department of veterans affairs; or
WA State Department of Natural Resources Page 37 of 124
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DNR RFA:24-16
c. An active or reserve member in any branch of the armed forces of the United States,
including the national guard,coast guard, and armed forces reserves.
• Washington Incorporation/Location. Bidder must be either an entity that is
incorporated in the state of Washington as a Washington domestic corporation or, if
not incorporated,an entity whose principal place of business is located within the State
of Washington.
• WEBS Certification. Bidder must have certified its Veteran-Owned business status in
Washington's Electronic Business Solution(WEBS).
• WDVA Certification. Bidder must have provided certification documentation to the
Washington Department of Veterans' Affairs WDVA and be certified by WDVA and
listed as such on WDVA's website ()VDVA—Veteran-Owned Businesses).
OR
Not a Certified Veteran-Owned Business. Bidder is not a Certified Veteran-Owned
Business under RCW 43.60A.190.
27. MINORITY AND WOMEN OWNED PARTICIPATION(must check one)
❑ Minority Owned Business
❑ Women-Owned Business
XNone of The Above
28. PREFERENCE FOR PCB-FREE PRODUCTS &PRODUCTS-IN-PACKAGING.
® AGENCY HAS DETERMINED THIS PREFERENCE DOES NOT APPLY.
Note: If the above box is checked this preference does not apply. If the box above is not
checked complete the following:
Pursuant to RCW 39.26.280, the Washington State Department of Natural Resources is
required to provide a preference to a Bidder that provides products and/or product packaging
that do not contain Polychlorinated Biphenyls (PCBs). In the event products and/or product
packaging are tested,and no products or product packaging contain zero PCBs,a preference of
5%will be given to bidders who provide evidence that the products and/or product packaging,
identified above contain the least amount of PCBs. The method for testing products and/or
packaging for PCBs must be per the U.S. Environmental Protection Agency(EPA)Analytical
Method 1668c. (must check one):
❑ NO BID PREFERENCE. Bidder is not seeking a bid preference for PCB-Free Products&
Products-In-Packaging.
OR
❑ BID PREFERENCE FOR ALL PRODUCTS & PRODUCTS-IN-PACKAGING. Bidder
is seeking a bid preference for all of Bidder's products pertaining to the above referenced
Competitive Application.Bidder certifies that each and all of Bidder's products identified
WA State Department of Natural Resources Page 38 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
in the above referenced Competitive Application have been tested,within the previous 365
days, by an independent, third party laboratory using Environmental Protection Agency
Analytical Method 1668c, and have been found NOT to contain PCBs. Bidder further
certifies that the attached test results are the official test results for such products.
OR
❑ BID PREFERENCE FOR SPECIFIC PRODUCTS & PRODUCTS-IN-PACKAGING.
Bidder IS seeking a bid preference for Bidder's following specific product(s)pertaining to
the above referenced Competitive Application.Bidder certifies that each of Bidder's listed
product(s)pertaining to the above referenced Competitive Application have been tested,
within the previous 365 days, by an independent, third party laboratory using
Environmental Protection Agency Analytical Method 1668c, and have been found NOT
to contain PCBs. Bidder further certifies that the attached test results are the official test
results for such product(s).
29. PREFERENCE FOR ELECTRONIC PRODUCTS
® AGENCY HAS DETERMINED THIS PREFERENCE DOES NOT APPLY.
Note: If the above box is checked this preference does not apply. If the box above is not
checked complete the following:
Pursuant to RCW 39.26.265, the Agency is required to provide a preference to a Bidder that
provides electronic products that have achieved EPEAT Silver or Gold registration.
Bidders who seek to obtain the bid preference for electronic products must certify that the
products identified have achieved EPEAT Silver or Gold registration. Bidder certifies as
follows (must check one):
❑ NO BID PREFERENCE. Bidder is not seeking a bid preference for Electronic Products
OR
❑ BID PREFERENCE FOR ALL PRODUCTS Bidder is seeking a bid preference for all of
Bidder's products pertaining to the above referenced Application. Bidder certifies all
product(s) identified above have achieved EPEAT Silver or Gold registration.
Documentation to support the EPEAT registration for each applicable product is attached
to this certification.
30. PREFERENCE FOR NON-HYDROFLUOROCARBONS (HFCS)
® AGENCY HAS DETERMINED THIS PREFERENCE DOES NOT APPLY.
Note: If the above box is checked this preference does not apply. If the box above is not
checked complete the following:
Pursuant to RCW 39.26.310, the Agency is required to provide a preference to a Bidder that
provides products that contain NO HFCs or contain HFCs with a comparatively low global
warming potential. The products that will be eligible for a preference are all products with an
WA State Department of Natural Resources Page 39 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
"Acceptable" Substitute Listing Status,as identified by the Environmental Protection Agency's
(EPA) Significant New Alternatives Policy(SNAP) Program. Bidder certifies as follows (must
check one):
❑ NO BID PREFERENCE. Bidder is not seeking a bid preference for Electronic Products
OR
❑ BID PREFERENCE FOR ALL PRODUCTS Bidder is seeking a bid preference for all of
Bidder's products pertaining to the above referenced Application. Bidder certifies all
product(s)identified above have an"Acceptable"Substitute Listing Status as identified by
the EPA SNAP Program. Documentation to support the "Acceptable" Substitute Listing
status for each applicable product is attached to this certification.
31. PREFERENCE FOR NON-MERCURY ADDED PRODUCTS
® AGENCY HAS DETERMINED THIS PREFERENCE DOES NOT APPLY.
Note: If the above box is checked this preference does not apply. If the box above is not
checked complete the following:
Pursuant to RCW 70.95M.060,the Agency is required to provide a preference to a Bidder that
provides products that contain the least amount of mercury-added compounds or components
or if the product containing mercury is designed to reduce electricity consumption by at least
forty percent and there is no non-mercury or lower mercury alternative available that saves the
same or a greater amount of electricity as the exempted product. Bidder certifies as follows
(must check one):
❑ NO BID PREFERENCE. Bidder is not seeking a bid preference for Non-Mercury Added
Products
OR
❑ BID PREFERENCE FOR ALL PRODUCTS Bidder is seeking a bid preference for all of
Bidder's products pertaining to the above referenced Application. Bidder certifies all
product(s) identified above listed above that are eligible for the preference, and as
contained in the Interstate Mercury Education and Reduction Clearinghouse Mercury-
Added Products Database. Documentation to support the preference is attached to this
certification.
32. PREFERENCE FOR RECYCLED CONTENT PRODUCTS
® AGENCY HAS DETERMINED THIS PREFERENCE DOES NOT APPLY.
Note: If the above box is checked this preference does not apply. If the box above is not
checked complete the following:
WA State Department of Natural Resources Page 40 of 124
REQUEST FOR APPLICATION(RFA)
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Pursuant to RCW 39.26.255, the Agency is required to provide a preference to a Bidder that
provides products that contain recycled material. All bidders must certify whether they are
seeking the statutory preference for products containing recycled material.
Bidders who seek to obtain the preference for Products Containing Recycled Material must
certify that the products identified in above exceed the minimum required amount(s) of post-
consumer or total recycled material described in the relevant section of the Environmental
Protection Agency's Comprehensive Procurement Guideline Program. Bidder certifies as
follows (must check one):
NO BID PREFERENCE. Bidder is not seeking a bid preference for Recycled Content
Products
OR
❑ BID PREFERENCE FOR ALL PRODUCTS Bidder is seeking a bid preference for all of
Bidder's products pertaining to the above referenced Application. Bidder certifies all
product(s) identified above listed above exceed the Environmental Protection Agency's
Comprehensive Procurement Guidelines standard (as it existed on July 1, 2001)
recommended content level percentages or the minimum product specification. The
recycled material levels of all product(s) eligible for the preference are attached to this
certification.
I hereby certify, under penalty of perjury under the laws of the State of Washington, that I am
authorized to make these certifications and assurances on behalf of the firm listed herein.
City of Kent
PRINT FULL LEGAL ENTITY NAME OF FIRM SUBMITTING BID,QUOTATION,AND/OR
PROPOSAL
kki Leveiihaaeh Jan 8, 2024
Brian Levenhagen(Jan 8,20241 :45 PST)
SIGNATURE OF AUTHORIZED PERSON DATE SIGNED
Brian Levenhagen
PRINTED NAME OF PERSON MAKING CERTIFICATION FOR FIRM
Parks Deputy Director
TITLE OF PERSON SIGNING CERTIFICATE
King County,Washington
PRINT COUNTY AND STATE WHERE SIGNED
RETURN FORM TO: APPLICATION COORDINATOR WITH YOUR BID,QUOTATION,AND/OR PROPOSAL AS
INDICATED WITHIN.
WA State Department of Natural Resources Page 41 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
EXHIBIT D—SAMPLE GRANT AGREEMENT AND WA STATE DEPARTMENT OF
NATURAL RESOURCES GENERAL TERMS AND CONDITIONS
�pgHlNGTDB
a
3� 0
G�IVATOVL
GRANT AGREEMENT
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES (DNR)
NO. Agreement number
PI:
Funding Source: State or Federal
Grant Funded: ❑ Yes ❑ No
OMWBE: ❑ Small Business ❑ Veteran Owned ❑Not Applicable
Procurement method(Select one): ❑ Solicitation(Enter Solicitation Type &Number),
This Grant Agreement is made and entered into by and between the state of Washington,Department
of Natural Resources, hereinafter referred to as "AGENCY/DNR", and the below named firm,
hereinafter referred to as "GRANTEE."
Enter Contractor Name
Enter Contractor Address
Enter City, State Zip Code
Phone: Enter Contractor Phone Number
Email: Enter Contractor Email
WA State UBI Number: Enter UBI Number
Federal Taxpayer Identification Number: Enter Tax ID Number
Statewide Vendor# (SWV): Enter SWV#
WA State Department of Natural Resources Page 49 of 124
REQUEST FOR APPLICATION(RFA)
DNR RFA:24-16
1. PURPOSE
The intent of the 2024 Community Forestry Assistance grant program is to assist communities in
developing urban forest planning,programming tools, and activities that may not otherwise receive
local funding. Projects are to improve management, care, and public engagement with trees growing
in parks,natural areas, and along public rights-of-way. These projects address social and
environmental disparities in Washington communities by investing in community-identified urban
forestry needs advancing environmental, social, or public health outcomes.
The purpose of this grant agreement is to [insert narrative based on submitted proposal].
2. SCOPE OF WORK
A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and
Conditions governing work to be performed under this grant agreement,the nature of the working
relationship between DNR and the GRANTEE, and specific obligations of both parties.
B. Exhibit B, attached hereto and incorporated by reference, contains the Scope of Work. The
GRANTEE will provide services and staff,and otherwise do all things necessary for or incidental
to the performance of work as included in the Scope of Work.
Projects must be located on public property,or be open to public access. Grant funds may not be
used to meet ordinary maintenance and operating expenses.
C. The GRANTEE shall produce the following written reports by the dates indicated below.
• Quarterly Reports:
• Final Report:
The GRANTEE must fill out a report template that includes the following information:
• Summary of the project status
• Achievements or setbacks(if any)to date
• Progress by activity,task, and deliverable
• Line item report of expenditures from the grant funding
The final report must be submitted with the final invoice at the conclusion of the project. The final
report must include the following information in addition to the report template:
• Activities undertaken,
• Barriers and lessons learned,
• Any maps and other relevant graphics related to the deliverables,
• Outcomes achieved, and
• 400-500 word article telling the story of the project including references to DNR (and/or
the USDA Forest Service if federally funded), local project partners, location, purpose,
and outcomes as well as two high quality images
3. PERIOD OF PERFORMANCE
The period of performance under this grant agreement will be from the date of execution through May
31, 2025 unless terminated sooner as provided herein. Amendments to extend the period of
performance are not allowed.
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4. AWARD
The total grant award payable to GRANTEE for satisfactory performance of the work under this grant
agreement shall not exceed Spell Dollar Amount Dollars ($ enter dollar amount). GRANTEE's
compensation for services rendered shall be based on Exhibit C—Budget.
Unless otherwise determined,funding for this agreement is provided by the Washington State Budget,
DNR Program Index 248 or USDA Forest Service grant,DNR Program Index 244,Project Code XXX
5. BILLING PROCEDURES
DNR will pay GRANTEE upon satisfactory acceptance of each fully completed activity and affiliated
tasks outlined in the scope of work documented by associated deliverables as approved by the DNR
Grant Manager. Invoices may only be submitted to the DNR Grant Manager along with quarterly
reports and final report.Invoices and the required supporting documentation must be submitted as one
PDF document.
Each invoice submitted to DNR shall include information needed by DNR to determine the exact
nature of all expenditures and completed work. At a minimum, each invoice shall specify the
following:
1. Agreement number Agreement number
2. Invoice date
3. Organization name and contact information
4. Primary contact phone number and email address
5. Narrative description of the work performed towards completing the activities,tasks, and
deliverables
6. Detail of the expenses being billed for each activity and task
a. The detail format must reflect Exhibit B, Scope of Work; include the task and
deliverable descriptions, and the amount
7. Supporting documentation for all expenses being billed
8. Total invoice amount
No payments in advance or in anticipation of services or goods to be provided under this contract shall
be made by DNR.
Payment will be made by check,warrant, or account transfer within 30 days of receipt of the invoice.
Upon expiration of the Agreement, final invoices shall be paid, if received within 30 days after the
expiration date.However, invoices for all work done within a fiscal year must be submitted within 30
days after the end of the fiscal year.Each invoice submitted to DNR shall include information needed
by DNR to determine the exact nature of all expenditures and completed work.
Special Budget Provisions
Transfer of funds between line items is allowed and shall not exceed 10% of the total budget. Such
transfer needs to have prior approval with the DNR Grant Manager. If the cumulative amount of these
transfers exceeds or is expected to exceed 10% of the total budget, this is subject to justification and
a contract amendment.
Fiscal Year Closures
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Under fiscal year closing procedures,GRANTEE must submit all invoices and/or billings for services
or material supplied under this Agreement through June 30 to DNR no later than July 10 of the same
year. If DNR does not receive invoices and bills by July 10 of the year of the closing biennium, a
considerable delay in payment may result.
DNR may, in its sole discretion,terminate the grant agreement 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 agreement.
Final payment will be withheld until satisfactory acceptance of the final report (page 2, SCOPE OF
WORK).
6. OUTREACH AND PRINTED MATERIALS
All printed materials, signs,and other products including websites resulting from this agreement must
be reviewed by DNR prior to publishing. All projects must include an acknowledgement of funding
sources, and may be recognized as follows:
"Funds for this project were provided by the State of Washington Department of Natural
Resources Urban and Community Forestry Program."
Appropriate agency logos may be used in addition to the above statement, and will be supplied to the
GRANTEE. Use of agency logos must be reviewed and approved by the funding agencies prior to
publishing.
7. GRANT MANAGEMENT
The Grant Manager for each of the parties shall be the contact person for all communications and
billings regarding the performance of this grant agreement.
GRANTEE Grant Manager Information AGENCY Grant Manager Information
Department of Natural Resources
1111 Washington Street SE
Olympia,WA 98504-7037
Phone:
Email address:
GRANTEE Project Manager Information AGENCY Project Manager Information
Department of Natural Resources
1111 Washington Street SE
Olympia,WA 98504-7037
Phone:
Email address:
8. INSURANCE
Before using any of said rights granted herein and at its own expense, GRANTEE shall purchase and
maintain, or require its agent(s)/subcontractor to purchase and maintain, the insurance described
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below for the entire duration of this Agreement. Failure to purchase and maintain the required
insurance may result in the termination of the Agreement at DNB's option.
All insurance provided in compliance with this Agreement shall be primary as to any other insurance
or self-insurance programs afforded to, or maintained by, the State of Washington, Department of
Natural Resources.
GRANTEE shall provide DNR with certificates of insurance, executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements specified in this
Agreement before using any of said rights granted herein. The description section of the certificate
shall contain the Grant Agreement Number and the name of the DNR Project Manager. GRANTEE
shall also provide renewal certificates as appropriate during the term of this Agreement.
GRANTEE shall include all subcontractors and agents as insured under all required insurance policies
or shall provide separate certificates of insurance for each subcontractor or agent. Failure of
GRANTEE to have its subcontractors and agents comply with the insurance requirements contained
herein does not limit GRANTEE's liability or responsibility.
INSURANCE TYPES&LIMITS: The limits of insurance, which may be increased by State, as deemed
necessary, shall not be less than as follows:
Commercial General Liability(CGL)Insurance: GRANTEE shall purchase and maintain commercial
general liability insurance with a limit of not less than$1,000,000 per each occurrence. If such CGL
insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each
occurrence" limit, and the products-completed operations aggregate limit shall be at least twice the
"each occurrence" limit. All insurance must cover liability arising out of premises, operations,
independent GRANTEEs,products completed operations,personal injury and advertising injury, and
liability assumed under an insured contract(including the tort liability of another party assumed in a
business contract) and contain separation of insured(cross-liability) condition.
Ernpipyer's liability ("Stop Gap") Insurance: GRANTEE shall purchase and maintain employer's
liability insurance and if necessary, commercial umbrella liability insurance with limits not less than
$1,000,000 each accident for bodily injury by accident or$1,000,000 each employee for bodily injury
by disease.
Business Auto Policy (BAP) Insurance: GRANTEE shall purchase and maintain business auto
insurance and if necessary, commercial umbrella liability insurance with a limit of not less than
$1,000,000 per accident,with such insurance covering liability arising out of"Any Auto". The policy
shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or
expense." GRANTEE waives all rights of subrogation against State for the recovery of damages to
the extent they are covered by business auto liability or commercial umbrella liability insurance.
Industrial Insurance (Workers Compensation): GRANTEE shall comply with Title 51 RCW by
maintaining workers compensation insurance for its employees. GRANTEE waives all rights of
subrogation against State for recovery of damages to the extent they are covered by Industrial
Insurance, employer's liability, general liability, excess, or umbrella insurance. GRANTEE waives
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its Title 51 RCW immunity to the extent it is required by its indemnity obligation under this
Agreement.
ADDITIONAL PROVISIONS:
Additional Insured: The State of Washington, Department of Natural Resources, its officials, agents,
and employees shall be named as additional insured by endorsement on all general liability, excess,
and umbrella insurance policies.
Cancellation: DNR shall be provided written notice before cancellation or non-renewal of any
insurance referred to therein, in accord with the following specifications.
1. Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance
Commissioner): The insurer shall give the State 45 days advance notice of cancellation or
nonrenewal. If cancellation is due to non-payment of premium, the State shall be given
10 days advance notice of cancellation.
2. Insurers subject to Chapter 48.15 RCW(Surplus Lines): The State shall be given 20 days
advance notice of cancellation. If cancellation is due to non-payment of premium, the
State shall be given 10 days advance notice of cancellation.
Insurance Carrier Rating: All insurance shall be issued by companies admitted to do business in the
State of Washington and have a rating of A-, Class VII, or better. Any exception must be reviewed
and approved by the DNR Risk Manager or the DNR Contracts Manager, in the Risk Manager's
absence. If an insurer is not admitted to do business in the State of Washington,all insurance policies
and procedures for issuing the insurance policies must comply with Chapters 48.15 RCW and 284-15
WAC.
Self-Insurance: If GRANTEE is self-insured, evidence of its status as a self-insured entity shall be
provided to State. The evidence should demonstrate that GRANTEE's self-insurance meets all of the
required insurance coverage of this Agreement to the satisfaction of State including the description of
the funding mechanism and its financial condition. If the funding mechanism or financial condition
of the self-insurance program of GRANTEE is inadequate, then State may require the purchase of
additional commercial insurance to comply with this Agreement.
Waiver: GRANTEE waives all rights of subrogation against State for recovery of damages to the
extent these damages are covered by general liability, excess, or umbrella insurance maintained
pursuant to this Agreement.
9. ASSURANCES
AGENCY and the GRANTEE agree that all activity pursuant to this grant agreement will be in
accordance with all the applicable current federal, state, and local laws,rules, and regulations.
10. ORDER OF PRECEDENCE
Each of the exhibits listed below is by this reference hereby incorporated into this grant agreement.
In the event of an inconsistency in this grant agreement,the inconsistency shall be resolved by giving
precedence in the following order:
1. Applicable federal statutes and regulations.
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2. Terms and conditions of a grant awarded to the state from the federal government,attached as
Exhibit Enter exhibit letter.
3. Washington state statutes and regulations.
4. Terms and conditions of a grant awarded from one agency to another,attached as Exhibit Enter
exhibit letter
5. DES Master Contract Enter DES Master Contract#
6. Special terms and conditions as contained in this basic contract instrument.
7. Exhibit A—WA State Department of Natural Resources General Terms and Conditions.
8. Exhibit B—Request for Proposals No. Enter Solicitation Number.
9. Exhibit C—Contractor's Proposal dated Enter proposal date.
10. Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
11. ENTIRE AGREEMENT
This grant agreement, including referenced exhibits, represents all the terms and conditions agreed
upon by the parties. No other statements or representations, written or oral, shall be deemed a part
hereof.
12. CONFORMANCE
If any provision of this grant agreement violates any statute or rule of law of the state of Washington,
it is considered modified to conform to that statute or rule of law.
13. APPROVAL
By signature below, the Parties certify that the individuals listed in this document, as representatives
of the Parties, are authorized to act in their respective areas for matters related to this instrument.
IN WITNESS WHEREOF,the parties have executed this Agreement.
GRANTEE NAME STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES
Signature Date Signature Date
Name
Name Name
Tile
Title Title
Address Address
Phone number
Telephone Telephone
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WA STATE DEPARTMENT OF NATURAL RESOURCES GENERAL TERMS AND
CONDITIONS
1.ACCESS TO DATA
The Contractor shall provide access to data generated under this contract to the Agency, the Joint
Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes
access to all information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
2.ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this contract
shall be made by the Agency.
3.AMENDMENTS
This contract 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.
4. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35
The Contractor 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.
5.ANTITRUST
The Contractor hereby assigns to Agency any and all of its claims for price fixing or overcharges,
which arise under federal or state law relating to the goods,products,or services purchased under this
contract.
6. ASSIGNMENT
Neither this contract,nor any claim arising under this contract, shall be transferred or assigned by the
Contractor without prior written consent of the Agency.
Contractor may not assign its rights under this Agreement without Department of Natural Resources
(DNR)prior written consent and DNR may consider any attempted assignment without such consent
to be void; Provided, however, that, if Contractor provides written notice to DNR within thirty (30)
calendar days, Contractor may assign its rights under this Agreement in full to any parent, subsidiary,
or affiliate of the Contractor that controls or is controlled by or under common control with the
Contractor, is merged or consolidated with the Contractor, or purchases a majority or controlling
interest in the ownership or assets of the Contractor. Unless otherwise agreed, the Contractor
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guarantees prompt performance of all obligations under this Agreement notwithstanding any prior
assignment of its rights.
7.ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear
its own attorney fees and costs.
S. COMPLIANCE WITH APPLICABLE LAW
At all times during the term of the contract,the Contractor shall comply with all applicable laws.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contractor shall not use or disclose any information concerning the Agency, or information that
may be classified as confidential, for any purpose not directly connected with the administration of
this contract, except with prior written consent of the Agency, or as may be required by law.
10. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal,the Agency may,
in its sole discretion,by written notice to the Contractor terminate this contract if it is found after due
notice and examination by the Agent that there is a violation of the Ethics in Public Service Act,
Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or
performance under this contract.
In the event this contract is terminated as provided above, the Agency shall be entitled to pursue the
same remedies against the Contractor as it could pursue in the event of a breach of the contract by the
Contractor. The rights and remedies of the Agency 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 the Agent makes any determination under this clause shall be an issue and may be reviewed as
provided in the"Disputes"clause of this contract.
11. COPYRIGHT PROVISIONS
Unless otherwise provided, all materials produced under this contract shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by the Agency. The Agency 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, Contractor hereby irrevocably assigns all right, title, and interest in
materials, including all intellectual property rights, to the Agency 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.
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For materials that are delivered under the contract, but that incorporate pre-existing materials not
produced under the contract, Contractor hereby grants to the Agency a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense others) in such materials to translate, reproduce,
distribute,prepare derivative works,publicly perform, and publicly display. The Contractor warrants
and represents that Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity,necessary to grant such a license to the Agency.
The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery of
materials furnished under this contract, of all known or potential invasions of privacy contained
therein and of any portion of such document that was not produced in the performance of this contract.
The Agency shall receive prompt written notice of each notice or claim of infringement received by
the Contractor with respect to any data delivered under this contract. The Agency shall have the right
to modify or remove any restrictive markings placed upon the data by the Contractor.
12. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling Agent has been employed or retained to solicit or
secure this contract upon an agreement or understanding for a commission,percentage, brokerage or
contingent fee, excepting bona fide employees or bona fide established Agents maintained by the
Contractor for securing business.
The Agency shall have the right, in the event of breach of this clause by the Contractor, to annul this
contract without liability or, in its discretion, to deduct from the contract price or consideration or
recover by other means the full amount of such commission,percentage,brokerage or contingent fee.
13. DEFAULT
Contractor shall be in default if it is in material breach of any term or condition of the contract. The
time of default shall begin when the material breach occurs or after any applicable opportunity to cure
period lapses,whichever is later.
14. DELIVERY,INSPECTION,REJECTION,CURE:
1. TIME OF THE ESSENCE: Time is of the essence in the performance of the contract.
2. SHIPPING & RISK OF LOSS. All goods subject to the Contract shall be shipped F.O.B.
destination.Risk of loss of the goods shall pass to the Agency at the time the goods are accepted
by the Agency.
3. INSPECTION: The Agency's inspection of all goods upon delivery is for the sole purpose of
identification. Such inspection shall not be construed as acceptance of the goods.
4. REJECTION: The Agency may reject any nonconforming Deliverables by reasonably
notifying the Contractor in writing.
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5. OPPORTUNITY TO CURE: Contractor shall have the right to cure the materiality of any
breach prior to the time for performance under the Contract.This right to cure terminates upon
the time for performance.
15.DEFINITIONS
Definitions for the purposes of this solicitation include:
AGENCY—any state office or activity of the executive and judicial branches of state government,
including state agencies, departments, offices, divisions, boards, commissions, institutions of
higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.
AGENT—Personnel authorized to act on behalf of the Agency for matters contained within.
APPARENT SUCCESSFUL CONTRACTOR—Bidder whose bid, quotation and/or proposal
provides the best value in meeting AGENCY needs and is selected to contract with DNR for the
proposed solution, subject to completion of contract negations and execution of contract.
AWARD DATE—the announcement date of the Apparent Successful Contractor.
BID,QUOTATION and/or PROPOSAL—a formal offer, submitted by an individual or entity,
in response to a solicitation issued for goods or services by the Agency.
BIDDER—an individual or entity who submits a bid, quotation and/or proposal in response to a
solicitation issued for goods or services by the Agency.
BUSINESS DAYS —Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific
Daylight Time, Olympia, Washington,USA.
CALENDAR DAY—Midnight to midnight, any day of the week.
CONTRACT—an agreement between DNR and Contractor that includes terms and conditions,
the solicitation, the bid, quotation and/or proposal, all appendices, and exhibits, associated
Statements of Work (e.g. Services Contract or Purchase Order), and all amendments awarded
pursuant to this solicitation.
CONTRACTOR—an individual or entity whose bid,quotation and/or proposal has been accepted
and is awarded a contract with the Agency, and who is solely responsible to provide a good or
perform a service.
DNR — Washington State Department of Natural Resources, an Agency of the State of
Washington,and any division,section,office,unit or other entity of,or any of the officers or other
officials lawfully representing the department.
GOODS—products,materials, supplies, or equipment provided by a Contractor.
PURCHASE—the acquisition of goods or services, including the leasing or renting of goods.
SERVICES—labor, work, analysis, or similar activities provided by a Contractor to accomplish
a specific scope of work.
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SOLICITATION — a documented formal process providing an equal and open opportunity to
BIDDERS and culminating in a selection based on predetermined criteria.
SUBCONTRACTOR—one not in the employment of the Contractor, who is performing all or
part of the business activities related to this solicitation under a separate contract with the
Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any
solicitation tier.
VENDOR—individual,firm,organization,company or other entity offering products and/or services.
WEBS—Washington's Electronic Business Solution System.
WORKING DAYS — Midnight to midnight, Monday through Friday, excluding weekends and
state legal holidays.
16.DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
17.DISPUTES
Except as otherwise provided in this contract,when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Agent.
1. The request for a dispute hearing must:
■ Be in writing;
■ State the disputed issue(s);
• State the relative positions of the parties;
• State the Contractor's name, address, and contract number; and
■ Be mailed to the Agent and the other parry's(respondent's) contract manager within three(3)
working days after the parties agree that they cannot resolve the dispute.
2. The respondent shall send a written answer to the requester's statement to both the Agent and the
requester within five 5 working days.
3. The Agent shall review the written statements and reply in writing to both parties within 10
working days. The Agent may extend this period if necessary by notifying the parties.
4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this contract shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution method in addition to the dispute resolution procedure outlined above.
18.DUPLICATE PAYMENT
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The Agency shall not pay the Contractor, if the Contractor has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same goods delivered or
services rendered.
19.ENVIRONMENTAL CONSIDERATIONS
ELECTRONIC PRODUCTS
The State of Washington encourages the purchase of products that meet environmental performance
standards relating to the reduction and elimination of hazardous materials. The database of all
products that currently meet EPEAT criteria are viewable at www.�rreenelectronicscouncii.org.
Only products listed as Active in the online EPEAT Registry are considered to have met the EPEAT
criteria.
Contractor represents and warrants that, during the term of this contract, for any product(s) for
which Contractor sought and was awarded an environmental purchasing preference pursuant to
RCW 39.26.265 and Washington State Procurement Policy POL-DES-265-00, such product(s)
shall have achieved EPEAT Silver or Gold registration that enabled Contractor to be awarded such
preference.
NON-HYDROFLUOROCARBONS (HFCs)
Hydrofluorocarbons(HFCs)contribute to climate change and so have an adverse effect on human
health and the environment. Accordingly, the State of Washington, through its procurement of
goods is trying to minimize the purchase of products that contain HFCs or contain HFCs with a
comparatively low global warming potential and to incentivize its vendors to sell products without
HFCs.
Contractor represents and warrants that, during the term of this Contract, for any product(s) for
which Contractor sought and was awarded a purchasing preference pursuant to RCW 39.26.310
and Washington State Procurement Policy DES-POL-310-00, such product(s) shall meet or have
less than the HFC level(s)that enabled Contractor to be awarded such preference.
NON-MERCURY ADDED PRODUCTS
Mercury has an adverse effect on human health and the environment. Accordingly, the State of
Washington, through its procurements of goods is trying to minimize the purchase of products
with mercury and to incentivize its vendors to sell products without mercury.
Contractor represents and warrants that, during the term of this Contract, for any product(s) for
which Contractor sought and was awarded a purchasing preference pursuant to RCW 70.95M.060
and Washington State Procurement Policy DES-POL-70.95M.060-00, such product(s) shall meet
or have less than the lowest amount of mercury that enabled Contractor to be awarded such
preference.
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POLYCHLORINATED BIPHENYLS (PCBs)
Polychlorinated biphenyls,commonly known as PCBs,have adverse effects on human health and
the environment. Accordingly, the State of Washington, through its procurements of goods, is
trying to minimize the purchase of products with PCBs and to incentivize its vendors to sell
products in packaging without them.
Contractor represents and warrants that,during the term of this contract,for any product(s)and/or
product packaging for which Contractor sought and was awarded a purchasing preference pursuant
to RCW 39.26.280 and Washington State Procurement Policy POL-DES-280-00, such product(s)
and/or packaging shall meet or exceed the testing limitations that enabled Contractor to be
awarded such preference.
RECYCLED CONTENT PRODUCTS
Buying products made from recycled content creates markets for materials collected in residential
&business recycling programs.Recycling does not work without end-markets. In addition buying
recycled products supports the development of green technologies, creates jobs and strengthens
the local economy, and promotes and supports a more sustainable lifestyle. When manufacturers
use recycled material vs.virgin materials to make new products,air and water pollution is reduced,
natural resources are conserved, energy is saved, less water is used, and emissions of greenhouse
gases that contribute to global climate change are reduced. Accordingly,the State of Washington
through its procurements of goods is trying to maximize the purchase of products made from
recycled content and to incentivize its vendors to sell products and products in packaging made
with recycled content.
Contractor represents and warrants that, during the term of this Contract, for any product(s) for
which Contractor sought and was awarded an environmental purchasing preference pursuant to
RCW 39.26.255 and Washington State Procurement Policy POL-DES-255-00, such product(s)
shall exceed the minimum post-consumer or total recycled content that enabled Contractor to be
awarded such preference.
Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to
provide satisfactory evidence of compliance within thirty(30)days,Agency may suspend or terminate
this Contract. The rights and remedies of the parties under this warranty are in addition to any other
rights and remedies of the parties provided by law or equity, including, without limitation, actual
damages, and, as applicable and awarded under law,to a prevailing party, reasonable attorneys' fees
and costs.
20.EXECUTIVE ORDER 18-03—WORKERS' RIGHTS
MANDATORY INDIVIDUAL ARBITRATION. If Bidder returned Contractor Certification —
Executive Order 18-03 Worker's Rights, and Contractor represents and warrants, as previously
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certified in Contractor's bid,quotation and/or proposal submission,that Contractor does NOT require
its employees, as a condition of employment, to sign or agree to mandatory individual arbitration
clauses or class or collective action waivers. Contractor further represents and warrants that, during
the term of this contract, Contractor shall not, as a condition of employment,require its employees to
sign or agree to mandatory individual arbitration clauses or class or collective action waivers.
21.FUNDING SOURCE
At all times during the course of this contract,the Contractor must comply with applicable laws,rules,
policy and regulations required by the source of funding for the contract. If this contract is funded by
a grant, the terms and conditions required by the granting entity are attached as Exhibit Enter exhibit
letter.
22. GOVERNING LAW
This contract 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.
23.HARASSMENT
Per RCW 43.01.135, Sexual harassment in the workplace,Agency Contractors hereby have access to
DNR Policy PO01-037 Harassment Prevention:
https://www.dnr.wa.mov/ptiblications/em PO O 1-037 harassment prevention.pdf.
24. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the
State, agencies of 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 attorney's fees, attributable for bodily injury, sickness, disease, or death, or injury
to or destruction of tangible property including loss of use resulting therefrom.
Contractor's obligations to indemnify, defend, and hold harmless includes any claim by Contractors'
Agents, employees,representatives, or any Subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incidental to Contractor's or any Subcontractor's performance or failure to perform the
contract. Contractor's obligation to indemnify, defend, and hold harmless the State shall not be
eliminated or reduced by any actual or alleged concurrent negligence of State or its Agents, agencies,
employees and officials.
Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless State and its agencies, officials, Agents or employees.
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25. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent Contractor relationship will be created by this contract. The
Contractor and his or her employees or Agents performing under this contract are not employees or
Agents of the Agency. The Contractor will not hold himself/herself out as or claim to be an officer
or employee of the Agency or of the State of Washington by reason hereof, nor will the Contractor
make any claim of right,privilege or benefit that would accrue to such employee under law. Conduct
and control of the work will be solely with the Contractor.
26. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees, as may be required by law,Agency may collect from the Contractor the full
amount payable to the Industrial Insurance accident fund. The Agency may deduct the amount owed
by the Contractor to the accident fund from the amount payable to the Contractor by the Agency 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
Contractor.
27.INTERGRATION
The contract contains all the terms and conditions agreed upon by the parties. No other
understandings,oral or otherwise,regarding the subject matter of the contract shall be deemed to exist
or to bind any of the parties hereto.
28.LICENSING,ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements/standards necessary for the performance of this contract.
29. LIMITATION OF AUTHORITY
Only the Agent or Agent'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 Agent.
30.NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law,
regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and
the Contractor may be declared ineligible for further contracts with the Agency. The Contractor 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.
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31.NONDISCRIMINATION
During the performance of this contract, the Contractor shall comply with all federal and state
nondiscrimination laws,regulations and policies.
32.PRIVACY
Personal information including, but not limited to, "Protected Health Information," collected, used,
or acquired in connection with this contract shall be protected against unauthorized use, disclosure,
modification or loss. Contractor shall ensure its directors, officers, employees, Subcontractors or
Agents use personal information solely for the purposes of accomplishing the delivery of goods or
rendering of services as set forth herein. Contractor and its Subcontractors agree not to release,
divulge,publish,transfer,sell or otherwise make known to unauthorized persons personal information
without the express written consent of the Agency or as otherwise required by law.
Any breach of this provision may result in termination of the contract and the demand for return of all
personal information. The Contractor agrees to indemnify and hold harmless the Agency for any
damages related to the Contractor's unauthorized use of personal information.
33. PUBLICITY
The Contractor agrees to submit to the Agency all advertising and publicity matters relating to this
contract wherein the Agency's name is mentioned or language used from which the connection of the
Agency's name may, in the Agency's judgment,be inferred or implied. The Contractor agrees not to
publish or use such advertising and publicity matters without the prior written consent of the Agency.
34.RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of services rendered and/or delivery of goods as 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 contract.
Contractor 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 contract, shall be subject at
all reasonable times to inspection, review or audit by the Agency, personnel duly authorized by the
Agency,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.
35.REGISTRATION WITH DEPARTMENT OF REVENUE
The Contractor shall complete registration with the Washington State Department of Revenue and be
responsible for payment of all taxes due on payments made under this contract.
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36.REMEDIES:
I. With respect to any nonconforming Deliverables, the Agency may elect to do one or more of the
following:
a. SPECIFIC PERFORMANCE: If the Deliverables are unique, sole sourced, or otherwise
deemed by the Agency to be unavailable elsewhere, the Agency may demand specific
performance.
b. COVER: The Agency may obtain substitute Deliverables and charge the Contractor the
difference between the cost of the substitute Deliverables and the contracted for price.
c. PRICE REDUCTION: The Agency may retain nonconforming Deliverables and equitably
reduce the price of the contract based on the difference between the contracted for price and
the fair market value of the nonconforming Deliverables.
d. RETURN: The Agency may return or set aside for pickup by the Contractor any
nonconforming goods and terminate the contract for cause.
2. The Contractor shall be liable for all compensatory,incidental and consequential damages caused
by any breach of the contract. At the sole option of the Agency, such damages may be recovered,
in whole or in part, by price reduction or credit against any amounts that may be owed to the
Contractor under the contract.
3. The agency's total liability for all damages arising out of or related to the contract shall in no event
exceed the purchase price of the contract. Furthermore, in the event of a termination of the
contract, the agency's total liability for all damages arising out of or related to the contract shall
not exceed the purchase price of goods delivered or services rendered prior to the effective date
of the termination.
4. The rights and remedies provided by the contract are cumulative and are not exclusive of any other
or additional rights or remedies available at law and in equity.
37.RIGHT OF INSPECTION
The Contractor shall provide right of access to its facilities to the Agency, 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 contract.
38. 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 contract and prior to normal completion,the Agency may terminate the
contract under the "Termination for Convenience" clause, without the ten-day notice requirement,
subject to renegotiation at the Agency's discretion under those new funding limitations and conditions.
39. SEVERABILITY
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The provisions of this contract 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 contract.
40. SITE SECURITY
While on Agency premises,Contractor,its Agents, employees,or Subcontractors shall conform in all
respects with physical, fire or other security policies or regulations.
41. SUBCONTRACTING
Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work
contemplated under this contract without obtaining prior written approval of the Agency. In no event
shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the
Agency for any breach in the performance of the Contractor's duties. This clause does not include
contracts of employment between the Contractor and personnel assigned to work under this contract.
Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subcontracts. Contractor and its
Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to
unauthorized persons personal information without the express written consent of the Agency or as
provided by law.
42. TAXES
All payments accrued because of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the
Contractor.
43. TERMINATION FOR CAUSE
In the event the Agency determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, the Agency has the right to suspend or terminate this contract. Before
suspending or terminating the contract, the Agency shall notify the Contractor in writing (including
email) of the need to take corrective action. If corrective action is not taken within 30 calendar days,
the contract may be terminated or suspended.
In the event of termination or suspension,the Contractor shall be liable for damages as authorized by
law including,but not limited to,any cost difference between the original contract and the replacement
or cover contract and all administrative costs directly related to the replacement contract,e.g., cost of
the competitive bidding,mailing, advertising and staff time.
The Agency reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by the Agency to
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terminate the contract. A termination shall be deemed a "Termination for Convenience" if it is
determined that the Contractor: (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 the Agency provided in this contract are not exclusive and are, in addition
to any other rights and remedies,provided by law.
44. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this contract, the Agency may, by 10 calendar days written notice
(including email),beginning on the second calendar day after the notice is sent,terminate this contract,
in whole or in part. If this contract is so terminated, the Agency shall be liable only for payment
required under the terms of this contract for goods delivered or services rendered prior to the effective
date of termination.
45. TERMINATION PROCEDURES
Upon termination of this contract,the Agency,in addition to any other rights provided in this contract,
may require the Contractor to deliver to the Agency any property specifically produced or acquired
for the performance of such part of this contract as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
The Agency shall pay to the Contractor the agreed upon price, if separately stated, for goods or
services accepted by the Agency, and the amount agreed upon by the Contractor and the Agency for
(i)goods delivered or services rendered for which no separate price is stated, (ii)partially completed
goods delivered or services rendered,(iii)other goods delivered or services rendered that are accepted
by the Agency, and (iv) the protection and preservation of property, unless the termination is for
default, in which case the Agent shall determine the extent of the liability of the Agency. Failure to
agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
contract. The Agency may withhold from any amounts due the Contractor such sum as the Agent
determines to be necessary to protect the Agency against potential loss or liability.
The rights and remedies of the Agency 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 Agent,the Contractor
shall:
1. Stop work under the contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
3. Assign to the Agency, in the manner, at the times, and to the extent directed by the Agent, all
of the rights, title, and interest of the Contractor under the orders and subcontracts so
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terminated, in which case the Agency has the right, at its discretion,to settle or pay any or all
claims arising out of the termination of such orders and 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 Agent to the extent Agent may require,
which approval or ratification shall be final for all the purposes of this clause;
5. Transfer title to the Agency and deliver in the manner, at the times, and to the extent directed
by the Agent any property which, if the contract had been completed, would have been
required to be furnished to the Agency;
6. Complete performance of such part of the work as shall not have been terminated by the Agent;
and
7. Take such action as may be necessary, or as the Agent may direct, for the protection and
preservation of the property related to this contract,which is in the possession of the Contractor
and in which the Agency has or may acquire an interest.
46. TREATMENT OF ASSETS
1. Title to all property furnished by the Agency shall remain in the Agency. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in the Agency upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the
Contractor under this contract,shall pass to and vest in the Agency upon(i)issuance for use of such
property in the performance of this contract, or (ii) commencement of use of such property in the
performance of this contract, or(iii) reimbursement of the cost thereof by the Agency in whole or
in part,whichever first occurs.
2. Any property of the Agency furnished to the Contractor shall, unless otherwise provided herein
or approved by the Agency,be used only for the performance of this contract.
3. The Contractor shall be responsible for any loss or damage to property of the Agency that results
from the negligence of the Contractor or which results from the failure on the part of the Contractor
to maintain and administer that property in accordance with sound management practices.
4. If any Agency property is lost, destroyed or damaged,the Contractor shall immediately notify the
Agency and shall take all reasonable steps to protect the property from further damage.
5. The Contractor shall surrender to the Agency all property of the Agency prior to settlement upon
completion,termination or cancellation of this contract.
6. All reference to the Contractor under this clause shall also include Contractor's employees,Agents
or Subcontractors.
47.U.S.DEPARTMENT OF TREASURY,OFFICE OF FOREIGN ASSETS CONTROL
The Agency complies with U.S. Department of the Treasury, Office of Foreign Assets Control
(OFAC) payment rules. OFAC prohibits financial transactions with individuals or organizations,
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which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons
sanctions list located at U.S. Treasury Specially Designated Nationals And Blocked Persons List.
Compliance with OFAC payment rules ensures that the Agency does not conduct business with
individuals or organizations that have been determined to be supporters of terrorism and international
drug dealing or that pose other dangers to the United States.
Prior to making payment to individuals or organizations,the Agency will download the current OFAC
SDN file and compare it to Agency and statewide vendor files. In the event of a positive match, the
Agency reserves the right to: (1) make a determination of"reasonability" before taking the positive
match to a higher authority,(2)seek assistance from the Washington State Office of the State Treasurer
(OST)for advanced assistance in resolving the positive match,(3)comply with an OFAC investigation,
if required, and/or (4) if the positive match is substantiated, notify the Contractor in writing and
terminate the contract according to the Termination for Convenience provision without making
payment. The Agency will not be liable for any late payment fees or missed discounts that are the result
of time required to address the issue of an OFAC match.
48.WAIVER
Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this contract unless stated to
be such in writing and signed by authorized representative of the Agency.
49.WARRANTIES
Contractor warrants that all Deliverables provided under this contract shall be fit for the purpose(s)
for which intended, are merchantable, and shall conform to the requirements and specifications
herein.
WA State Department of Natural Resources Page 70 of 124
REQUEST FOR APPLICATION(RFA)
Si nature: -- Signature: 1�?A f4f�
g Garin Lee(Jan 4,202412:14 PST) ahvng}tuynb.lan t,1 4;],�9 5T1
Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov
Signature: 41!1-%i Signature:
Brian Levenhagen(Jan 4,202415:45 PST) elo� 9WA
Email: bjlevenhagen@kentwa.gov Email: kkomoto@kentwa.gov
Signature:
Email: cityclerk@kentwa.gov
WDNR Grant Application
Final Audit Report 2024-01-08
Created: 2024-01-08
By: Phung Huynh(phuynh@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAV3dGLJtXjGToSyBS83jbwYTFbX8TSgAr
"WDNR Grant Application" History
Document created by Phung Huynh (phuynh@kentwa.gov)
2024-01-08-6:43:47 PM GMT
Document emailed to bjlevenhagen@kentwa.gov for signature
2024-01-08-6:44:28 PM GMT
Email viewed by bjlevenhagen@kentwa.gov
2024-01-08-6:44:58 PM GMT
Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen
2024-01-08-6:45:15 PM GMT
Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov)
Signature Date:2024-01-08-6:45:17 PM GMT-Time Source:server
Agreement completed.
2024-01-08-6:45:17 PM GMT
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