HomeMy WebLinkAboutCAG2023-517 - Original - WA State Dept of Commerce - Senior Center Solar + Storage - 09/01/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form DirAsst:
• For Approvals,Signatures and Records Management Dir/Dep:
KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional)
WASHINGTON Sheet forms. (Print on pink or cherry colored paper)
Originator: Department:
Leah Bryant for Will Moore Parks, Recreation & Community Services
Date Sent: Date Required:
c 05/23/2024 5/30/2024
QAuthorized to Sign: Date of Council Approval:
Q �✓ Mayor or Designee 9/19/2023
Budclet Account Number: Grant? Yes ✓ NoE:]
F00054
Budget? Yes Type: State
Vendor Name: Category:
Washington Department of Commerce Grant: Non-Real Property
Vendor Number: Sub-Category:
35626 Original
0
Project Name: Washington State Department of Commerce Grant - Senior Center Solar + Storage
1. Project Details:
0 Design, construction,commissioning and reporting for a solar +
storage system at Kent Senior Activity Center.
40
c
(11.111 Basis for Selection of Contractor:
Agreement Amount: $500,000.0 Interlocal Agreement
E *Memo to Mayor must be attached
i Start Date: Termination Date:
a Local Business? Yes PINo*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Business License Verification: ❑Yes In-Process F-11Exempt(KCC 5.01.045) F71Authorized Signer Verified
Notice required prior to disclosure? Contract Number:
Yes ✓❑No CAG2023-517
Comments:
Approval contact CAG2023-517
0
� c
3 0
N
a
Date Received:City Attorney: 5/24/24 Date Routed:Mayor's Office 5/2g/24 City Clerk's Office 6/17/24
adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20221201
DocuSign Envelope ID: 1147C6E3-08B3-4185-ADE3-91C59CB36BE7
.�►. Washington State
Department of
�i►� Commerce
Interagency Agreement with
City of Kent
through
Solar Plus Storage for Resilient Communities
Contract Number:
23-92502-239
For
City of Kent Senior Center Microgrid
Dated: Friday, September 1 , 2023
DocuSign Envelope ID: 1147C6E3-08B3-4185-ADE3-91C59CB36BE7
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Table of Contents
FACESHEET............................................................................................................................................................4
PROGRAM SPECIFIC TERMS AND CONDITIONS......................................................................................................5
1. SUBCONTRACTING(REPLACES GENERAL TERMS AND CONDITIONS#37) .......................................................5
2. TREATMENT OF ASSETS(REPLACES GENERAL TERMS AND CONDITIONS#43)................................................5
3. SOLAR PLUS STORAGE FOR RESILIENT COMMUNITIES GRANT REQUIREMENTS.............................................5
4. REPORTING REQUIREMENTS...........................................................................................................................5
SPECIAL TERMS AND CONDITIONS.........................................................................................................................7
1. AUTHORITY......................................................................................................................................................7
2. CONTRACT MANAGEMENT.............................................................................................................................7
3. COMPENSATION..............................................................................................................................................7
4. BILLING PROCEDURES AND PAYMENT.............................................................................................................7
5. SUBCONTRACTOR DATA COLLECTION.............................................................................................................8
6. HISTORICAL OR CULTURAL ARTIFACTS............................................................................................................8
7. INSURANCE......................................................................................................................................................9
8. FRAUD AND OTHER LOSS REPORTING.............................................................................................................9
9. ORDER OF PRECEDENCE..................................................................................................................................9
10. ACKNOWLEDGEMENT OF CLIMATE COMMITMENTACT FUNDING.................................................................9
GENERAL TERMS AND CONDITIONS.....................................................................................................................10
1. DEFINITIONS..................................................................................................................................................10
2. ALLOWABLE COSTS........................................................................................................................................10
3. ALL WRITINGS CONTAINED HEREIN...............................................................................................................10
4. AMENDMENTS ..............................................................................................................................................10
5. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336,ALSO REFERRED TO AS THE"ADA"28
CFRPART 35 .............................................................................................................................................................10
6. APPROVAL.....................................................................................................................................................11
7. ASSIGNMENT.................................................................................................................................................11
8. ATTORNEYS'FEES..........................................................................................................................................11
9. CODE REQUIREMENTS...................................................................................................................................11
10. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION .........................................................................11
11. CONFORMANCE ............................................................................................................................................11
12. CONFLICTOF INTEREST..................................................................................................................................12
13. COPYRIGHT....................................................................................................................................................12
14. DISALLOWED COSTS......................................................................................................................................12
15. DISPUTES.......................................................................................................................................................13
16. DUPLICATE PAYMENT....................................................................................................................................13
17. GOVERNING LAW AND VENUE ......................................................................................................................13
18. INDEMNIFICATION ........................................................................................................................................13
19. INDEPENDENT CAPACITY OFTHE CONTRACTOR ...........................................................................................13
20. INDUSTRIAL INSURANCE COVERAGE.............................................................................................................13
21. LAWS.............................................................................................................................................................13
22. LICENSING,ACCREDITATION AND REGISTRATION.........................................................................................13
23. LIMITATION OF AUTHORITY ..........................................................................................................................13
24. LOCAL PUBLIC TRANSPORTATION COORDINATION.......................................................................................14
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS.................................................................................14
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26. PAY EQUITY....................................................................................................................................................14
27. POLITICAL ACTIVITIES....................................................................................................................................14
28. PREVAILING WAGE LAW................................................................................................................................14
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION...................................................................15
30. PUBLICITY......................................................................................................................................................15
31. RECAPTURE....................................................................................................................................................15
32. RECORDS MAINTENANCE..............................................................................................................................15
33. REGISTRATION WITH DEPARTMENT OF REVENUE.........................................................................................15
34. RIGHT OF INSPECTION...................................................................................................................................15
35. SAVINGS ........................................................................................................................................................15
36. SEVERABILITY.................................................................................................................................................16
37. SUBCONTRACTING(REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS#1).................................16
38. SURVIVAL.......................................................................................................................................................16
39. TAXES.............................................................................................................................................................16
40. TERMINATION FOR CAUSE.............................................................................................................................16
41. TERMINATION FOR CONVENIENCE................................................................................................................17
42. TERMINATION PROCEDURES.........................................................................................................................17
43. TREATMENT OF ASSETS(REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS#2) .........................18
44. WAIVER .........................................................................................................................................................18
ATTACHMENT A:SCOPE OF WORK.......................................................................................................................19
ATTACHMENT B: BUDGET....................................................................................................................................22
ATTACHMENT C: PROVISO...................................................................................................................................25
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Face Sheet
Contract Number: 23-92502-239
Energy Division I Energy Programs in Communities Unit
Solar Plus Storage for Resilient Communities Program
1. Contractor 2. Contractor Doing Business As (as applicable)
City of Kent N/A
220 4TH AVE S
KENT, WA 98032-5895
3. Contractor Representative 4. COMMERCE Representative
Terry Jungman Dave Hecker P.O. Box 42525
(253) 856-5112 Program Manager 1011 Plum St
tjungman@kentwa.gov 360-725-2767 Olympia, WA 98504-2525
solar@commerce.wa.gov
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$500,000 Federal: State: X Other: N/A: 09/01/2023 06/30/2025
9. Federal Funds (as applicable) Federal Agency: ALN
N/A N/A N/A
10. Tax ID # 11. SWV# 12. UB1 # 13. UE1#
XXXXXXXXXXXXXX SW V0000552-00 � 173000002 N/A
14. Contract Purpose
To install a 103.9 kW DC/ 100 kW AC solar array and a 250 kW /440 kWh battery energy storage system at the Senior
Center in Kent to provide power during disasters and other outages.
COMMERCE, defined as the Department of Commerce, and Contractor acknowledge and accept the terms of this Contract
and attachments and have executed this Contract on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Contract are governed by this Contract and the following other documents
incorporated by reference: Contractor Terms and Conditions including Attachment "A" — Scope of Work, Attachment "B" —
Budget, Attachment"C"—Proviso
FOR CONTRACTOR FOR COMMERCE
r
DocuSignedby: DocuSignedby:
EB9BrE�I..P..
Dana Ralph, Mayor Michael Furze, Assistant Director, Energy Division
6/8/2024 1 11:06 AM PDT 6/17/2024 1 11:35 AM PDT
Date Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
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Program Specific Terms and Conditions
As identified herein, notwithstanding General Terms and Conditions Sections, the following Program
Specific Terms and Conditions take precedence over any similarly referenced Special or General
Terms and Conditions:
1. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS #37)
The Grantee shall maintain written procedures related to subcontracting, as well as copies of all
subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require
the Grantee to amend its subcontracting procedures as they relate to this Agreement; (b) prohibit the
Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or
amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The
Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or
condition of this Agreement. The Grantee shall appropriately monitor the activities of the Subcontractor
to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate
to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of
the Grantee's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for
claims or damages arising from a Subcontractor's performance of the subcontract.
2. TREATMENT OF ASSETS (REPLACES GENERAL TERMS AND CONDITIONS #43)
The parties do not anticipate that Commerce will furnish property (other than the state funds
granted herein) to Grantee for use in Grantee's performance under this Agreement; provided,
however, that title to any other property that may be so furnished by Commerce shall remain in
Commerce. Commerce claims no ownership for the materials, goods, or services purchased by the
Grantee for the completion of this Agreement, regardless of reimbursement status under this
agreement.
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 agreement.
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 agreement
All reference to the Grantee under this clause shall also include Grantee's employees, agents or
subcontractors.
3. SOLAR PLUS STORAGE FOR RESILIENT COMMUNITIES GRANT REQUIREMENTS
Grantee agrees to comply with the requirements and follow the guidelines as outlined in the Request
for Applications #SOLSTOR-23 (the "RFA"), incorporated by this reference as if fully set forth herein.
In the event of conflict between the RFA and the agreement, the Agreement prevails.
4. REPORTING REQUIREMENTS
During the construction phase of the Scope of Work,the Grantee must provide quarterly written reports
to Commerce for project update purposes. Quarterly reports are due no later than 15 days after the
end of each quarter for the quarter to be reported. The report form will be provided by Commerce. The
intent is to collect a description of the project activity that occurred during the period, including but not
limited to:
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a. A narrative summarizing project activities, risks and issues mitigated, and lessons learned;
b. The project milestones met to date and anticipated in the subsequent quarter;
c. Any additional metrics required from the capital budget proviso, legislature, governor's office, or
Commerce;
d. Quarterly updated budget projections for project expenditures;
e. The grant expenditures to date and anticipated in the next quarter.
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Special Terms and Conditions
1. AUTHORITY
COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter
39.34 RCW.
2. CONTRACT 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 Contract.
The Representative for COMMERCE and their contact information are identified on the Face Sheet
of this Contract.
The Representative for the Contractor and their contact information are identified on the Face Sheet
of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed $500,000 for the performance of all things necessary
for or incidental to the performance of work under this Contract as set forth in the Scope of Work.
Contractor's compensation for services rendered shall be based on the schedule set forth in
Attachment B: Budget.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE via the
Commerce Contracts Management System.
If required, the attachments to the invoice request in the Commerce Contracts Management System
shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the
progress of the project, and fees. The invoice shall include the Contract Number 23-92502-239.
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
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
No payments in advance or in anticipation of services or supplies to be provided under this Agreement
shall be made by COMMERCE.
Invoices and End of Fiscal Year
Invoices are due on the 20th of the month following the provision of services.
Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide
notification of the end of fiscal year due date.
The Contractor must invoice for all expenses from the beginning of the contract through June 30,
regardless of the contract start and end date.
Duplication of Billed Costs
The Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
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Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until
acceptance by COMMERCE of the final report (or completion of the project, etc.).
5. SUBCONTRACTOR DATA COLLECTION
Contractor 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 Contract performed by subcontractors and the portion
of Contract funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
"Subcontractors" shall mean subcontractors of any tier.
6. HISTORICAL OR CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, Contractor shall
complete the requirements of Governor's Executive Order 21-02, where applicable, or Contractor
shall complete a review under Section 106 of the National Historic Preservation Act, if applicable.
Contractor agrees that the Contractor 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, Contractor shall, in accordance with
Governor's Executive Order 21-02 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. Contractor agrees to avoid, minimize, or mitigate impacts
to the cultural resource as a continuing prerequisite to receipt of funds under this Contract.
The Contractor agrees that, unless the Contractor 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 Contractor 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
Contractor 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 Contractor 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, Contractor 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 Permit.
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 Contractor finds it necessary to amend the Scope of Work the Contractor may
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National
Historic Preservation Act.
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7. INSURANCE
Each party certifies that it is self-insured under the State's or local government self-insurance liability
program, and shall be responsible for losses for which it is found liable.
8. FRAUD AND OTHER LOSS REPORTING
Contractor 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.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Attachment C— Proviso
• Program Specific Terms and Conditions
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B— Budget
10. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING
If this Agreement is funded in whole or in part by the Climate Commitment Act, Grantee agrees that
any website, announcement, press release, and/or publication (written, visual, or sound) used for
media-related activities, publicity, and public outreach issued by or on behalf of Grantee which
reference programs or projects funded in whole or in part with Washington's Climate Commitment Act
(CCA)funds under this Grant, shall contain the following statement:
"The [PROGRAM NAME / GRANT / ETC.] is supported with funding from Washington's Climate
Commitment Act. The CCA supports Washington's climate action efforts by putting cap-and-invest
dollars to work reducing climate pollution, creating jobs, and improving public health. Information
about the CCA is available at www.climate.wa.gov."
The Grantee agrees to ensure coordinated Climate Commitment Act branding on work completed by
or on behalf of the Grantee. The CCA logo must be used in the following circumstances, consistent
with the branding guidelines posted at CCA brand toolkit, including:
A. Any project related website or webpage that includes logos from other funding partners;
B. Any publication materials that include logos from other funding partners;
C. Any on-site signage including pre-during Construction signage and permanent signage at
completed project sites; and
D. Any equipment purchased with CCA funding through a generally visible decal.
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General Terms and Conditions
1. DEFINITIONS
As used throughout this Contract, 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 Washington Department of Commerce.
C. "Contract" or "Agreement" or "Grant" means the entire written agreement between
COMMERCE and the Contractor, including any Attachments, documents, or materials
incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract
shall be the same as delivery of an original.
D. "Contractor" or "Grantee" shall mean the entity identified on the face sheet performing
service(s) under this Contract, and shall include all employees and agents of the Contractor.
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, and "Protected Health Information" under the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA).
F. "State" shall mean the state of Washington.
G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all
or part of those services under this Contract under a separate contract with the Contractor. The
terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
2. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
3. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
4. 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.
5. 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.
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6. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
7. ASSIGNMENT
Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred
or assigned by the Contractor without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorneys'fees and costs.
9. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state,
and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
10. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
i. All material provided to the Contractor by COMMERCE that is designated as"confidential"
by COMMERCE;
!I. All material produced by the Contractor that is designated as "confidential" by
COMMERCE; and
iii. All Personal Information in the possession of the Contractor that may not be disclosed
under state or federal law.
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential
Information solely for the purposes of this Contract 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 Contractor 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 Contractor shall provide COMMERCE with its policies and
procedures on confidentiality. COMMERCE may require changes to such policies and
procedures as they apply to this Contract whenever COMMERCE reasonably determines that
changes are necessary to prevent unauthorized disclosures. The Contractor shall make the
changes within the time period specified by COMMERCE. Upon request, the Contractor shall
immediately return to COMMERCE any Confidential Information that COMMERCE reasonably
determines has not been adequately protected by the Contractor against unauthorized
disclosure.
C. Unauthorized Use or Disclosure. The Contractor 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.
11. CONFORMANCE
If any provision of this contract 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.
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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 Contractor 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 Contractor 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 Contractor and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked with the COMMERCE
program executing this Contract, including but not limited to formulating or drafting the legislation,
participating in procurement planning and execution, awarding contracts, and monitoring contract,
during the 24-month period preceding the start date of this Contract. Identify the individual 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 Contractor may be disqualified from
further consideration for the award of a Contract.
In the event this contract is terminated as provided above, Commerce 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 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
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 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 Contractor 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 Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor 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 Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property rights,
moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, 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 which was not produced in the performance of this Contract.
The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the Contractor with respect to any Materials delivered under this Contract.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the Contractor.
14. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
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15. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in
the following manner: Each party to this Agreement shall appoint one member to the Dispute Board.
The members so appointed shall jointly appoint an additional member to the Dispute Board. The
Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto.As
an alternative to this process, either of the parties may request intervention by the Governor, as
provided by RCW 43.17.330, in which event the Governor's process will control.
16. DUPLICATE PAYMENT
Contractor certifies that work to be performed under this contract does not duplicate any work to be
charged against any other contract, subcontract, or other source.
17. GOVERNING LAW AND VENUE
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.
18. INDEMNIFICATION
Each party shall be solely responsible for the acts of its employees, officers, and agents.
19. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor 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
Contractor 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 Contractor.
20. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW. 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, COMMERCE may collect from the Contractor the full amount payable to
the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the Contractor
to the accident fund from the amount payable to the Contractor 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 Contractor.
21. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations and policies of
local, state, and federal governments, as now or hereafter amended.
22. LICENSING, ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
23. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
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.
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24. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
25. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. 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 COMMERCE. 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.
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 contract.
26. PAY EQUITY
The Contractor 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. Contractor may allow differentials in compensation for its workers if the differentials are based
in good faith and on any of the following:
L 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.
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 the Department, if the Department or the Department of
Enterprise Services determines that the Contractor is not in compliance with this provision.
27. POLITICAL ACTIVITIES
Political activity of Contractor's 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.
28. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by this contract, 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 Contractor shall
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maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
records available for COMMERCE's review upon request.
29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial,or other such services, other than actual solicitation, are not hereby prohibited
if otherwise eligible as project costs.
30. PUBLICITY
The Contractor 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.
31. RECAPTURE
In the event that the Contractor fails to perform this Contract in accordance with state laws, federal
laws, and/or the provisions of this Contract, 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 Contractor 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 Contract.
32. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract 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 contract.
The 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 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.
33. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department
of Revenue.
34. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
35. 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, COMMERCE may suspend or
terminate the Contract under the "Termination for Convenience"clause, without the ten calendar day
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notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
36. SEVERABILITY
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.
37. SUBCONTRACTING (REPLACED BY PROGRAM-SPECIFIC TERMS AND
CONDITIONS #1)
wri++on approval of f'VIMMCRCE
If G-0-NIMEIRGE approves the Gentrader shall maintain written PFOGed6ires related to
they relate te this GentraGt; (b) prehibit the GentraGter frern subGentraGting with a partiGUIar peFSGR GF
entity; or(G) require the Gentrontor to r nd o amend o u bGentrac-t
Every subGeRtraGt shall biRd the SubGentraGter te fellew all appliGable terms ef this GentraGt. The
SubGGRtraGtGF te assure fiSGal GGRdit'GRS Gf this GGRtraGt. IR ne event shall the existeRGe ef a
in the perform;nne of the Gentrrorter's duties;.
Every subGGAtFa4G--.t shall inr--Wid-e a te—an that COMMERGE and- the St-ate n-f�.Nashffington are not liable.
38. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
39. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
40. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing 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.
COMMERCE 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 COMMERCE to
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.
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The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
41. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days' written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
42. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE 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.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor 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 contract.
COMMERCE may withhold from any amounts due the Contractor 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 Contractor shall:
A. Stop work under the contract on the date, and to the extent specified, in the notice;
B. 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;
C. 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 Contractor under the orders
and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to
settle or pay any or all claims arising out of the termination of such orders and subcontracts;
D. 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
the Authorized Representative may require, which approval or ratification shall be final for all
the purposes of this clause;
E. 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 contract had been completed,
would have been required to be furnished to COMMERCE;
F. Complete performance of such part of the work as shall not have been terminated by the
Authorized Representative; and
G. 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 contract, which is in the
possession of the Contractor and in which COMMERCE has or may acquire an interest.
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43. TREATMENT OF ASSETS (REPLACED BY PROGRAM-SPECIFIC TERMS AND
CONDITIONS #2)
d-irP-G-t itern A-f GGSt URder th 6 GE)RtraGt, Shall pass te and vest 'R COMMERCE UPGR delivery Of SUGh
\A/hlrho\/or first GGG rrs
A. Any property of COMMEERGE furnished te the shall, unless Otherwise prokfid-ed-
heFe+n er approved by COMMERCE, be used enly for the pel#orma,Tee A-f t"Rs cam„tract.
E that
pram
notify COMMEERGEE -A.nd- shall take all FeaSE)Rable Steps tG PFE)teGt the pmperty frc)rn further
UPGR s pletieR terminable a GaRGellatieR of+hiss ntraGt
44. 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 Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
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Attachment A: Scope of Work
Project Name: City of Kent Senior Center Microgrid
Site Address: 600 E Smith Street, Kent Washington
Serving electric utility: Puget Sound Energy(PSE)
System Size
Solar array size (kW DC): 103.9 Battery energy storage system power rating (kw):
250
Solar array size (kW AC): 100 Battery energy storage system energy rating
(kWh): 440
Mounting Type
❑ Ground 0 Roof ❑ Canopy
Major Components: List major equipment to be installed across all project sites.
Quantity Make and Model Equipment
259 400W Silfab or similar Solar modules
2 50kW SolarEd e or Similar Inverters
259 P400 Solar or similar compatible with inverters Module level power electronics
1 MG250 with 440kWh battery by ELM orequivalent Batteries
N/A Racking
Permits Required
0 Electrical ❑ Building ❑ Land use
❑ SEPA ❑ NEPA 0 Other(please specify): Fire
Code compliance
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This project will purchase and install a solar photovoltaic array and battery energy storage system (BESS)
at the project site(s)above. These systems will provide power to support critical needs for the community
in the event of a power outage.
The system will be designed to have a minimum lifetime of 13 years and the project owner will maintain
the system and trained personnel to operate the system in the event of an outage during the equipment
lifetime. If described in the original funding application, facilities will remain open to the public or
vulnerable populations during outages for the life of the equipment. Exceptions to these conditions may
be granted by Commerce in writing on a case-by-case basis. If the system is enrolled in a demand
response, grid services, or similar program with a utility or other third party, the system must maintain
resilience functions as described in the original funding application and Commerce must approve any
related program agreements in writing.
The scope of work includes:
• Project Development and Design
o Project development and design work to ensure project is ready for construction. Equipment
must be compliant with IEEE Standard 1547 unless Commerce grants an exception in
writing.
o The solar system and BESS must meet all applicable industry standards and codes including,
but not limited to:
■ UL 1741
■ International Building Code
■ International Fire Code
■ National Electric Code
o Community engagement, outreach and education as described in the application
• Contracting and Permitting
o Procure all equipment and subcontractors to complete project
o Apply for and secure permits listed above, including any fees
o Apply for utility interconnection and secure agreement, including any fees
• Equipment Delivery, Installation and Construction
o Complete site preparation and restoration activities related to mounting type as required to
complete the project, including concrete pads, fencing and gravel or other surfacing as
needed for safety, code requirements, access, or to prevent vandalism of the equipment.
Other landscaping work other than restoring the disturbed areas to pre-construction
conditions is not included in this scope.
o Provide and install electrical gear and feeders required to connect solar system and BESS to
existing electrical service, including critical loads panels, transformer upgrades, and other
necessary electrical changes identified in the original funding application.
o Supply and install a solar array including equipment listed above
o Supply and install BESS including equipment listed above
o Install all equipment necessary to enable the solar system and BESS to safely operate
independently of the electric grid in an outage
o Any electrical and control system integration with other generators. Purchase and installation
of generators other than the solar generator described above is not included in this scope
o Procure and set up monitoring software
o Pass inspections and pay associated fees
o Any changes to the equipment listed above must be approved by Commerce in writing
• Systems Integration and Commissioning
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o Commission solar PV system and verify all system components are properly designed,
installed and optimized
o Test full functional system and confirm whole system operation follows design intent as
described in application
o Test control system that allows system to operate independently of the grid in an outage
o Receive operations and maintenance (O&M) manual and complete training from
subcontractor on equipment and controls
• Measurement and Verification
o Collect up to 1 year of information on performance of system and impact on community
resilience
o Report measurement and verification results
o Communicate the project narrative with a Fact Sheet based on the Commerce-provided
template and at least one other mode of story-telling
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Attachment B: Budget
FY25 funding is subject to continued funding from the legislature.
Mile Project Activity and Deliverable Deliverable Description Activity Period Percent Applicant Amount of
stone of Grant Match Grant
A Project Development and Design Jun 2024 FY24 12/o° $25,714.32 $60,000.00
Project schedule [only required if Up-to-date project schedule in Gantt chart format
battery size is more than 1,000 showing the interdependencies between design,
kWh or grant amount is over procurement, delivery, installation and
$1,400,0001 commissioning activities.
Summary of installation permits anticipated for this
project's scope and impacts. Identify all related
Permitting strategy and risk projects within and adjacent to the project site also
assessment report [only required if requiring permit approvals. Show the authorities
seeking land use permit] having jurisdiction, engagement/application process
and anticipated lead times along with approval(s)
from the site host, project sponsors and financial
partners.
Letter of confirmation that system design is 60%
complete and sufficient for supporting major
equipment procurement subcontracts, permit
Confirm 60% system design review applications, and construction bids consistent with
with letter and list of drawings preliminary design. Include a list of supporting
drawings that will be developed for the For
Construction" set as equipment and design details
are available from suppliers. 30% design deliverable
will be considered on a case-by-case basis.
B Contracting and Procurement Jun 2024 (FY24) 63% $135,000.18 $315,000.00
Request permits required by local Copies of all requested permits according to
Authorities Having Jurisdiction requirements of local AHJs.
(AHJ)
Procure major equipment and Subcontract award letter, subcontract summary and
services needed for installation Notice to Proceed for each subcontractor. Paid
equipment invoice.
Apply for utility interconnection Copy of interconnection application to serving utility.
C Equipment Delivery, Installation Dec 2024
and Construction FY25 20% $42,857.20 $100,000.00
Secure permits Copies of all permits required by local AHJs.
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Report, data sheet, or specification sheet from
Obtain factory quality control report equipment manufacturers that verifies all major
for major equipment equipment from scope of work meets its intended
purpose and purchase specifications.
All major equipment and materials Bill of Materials (BOM) or photos showing delivery
delivered to site of all major equipment from scope of work to project
site.
All equipment installed Photos showing all major equipment from scope of
work installed.
Inspections by AHJs passed Letter, document or email from AHJ reporting
passed inspections.
D Systems Integration and Dec 2024
Commissioning FY25 4% $8,571.44 $20,000.00
Complete system commissioning Commissioning checklist, diagram or map showing
test report that all system components are properly designed,
installed and optimized.
Permission to operate and go live Document, letter, or email from utility confirming
system is ready to operate. Energize system.
Subcontractor-provided O&M manual for system
Operations and Maintenance and document, letter, or email confirming
(O&M) manual and owner training subcontractor provided operation and maintenance
training to system owner.
System Acceptance Test(SAT) report describing
results of tested outage scenarios. Tests must
Full functional system testing confirm that whole system operation follows design
intent and meets community building's
requirements.
Measurement and Verification period may be
E Measurement and Verification extended to one year after system installation if
Commerce funding is maintained. Jun 2025 FY25 1% $2,142.86 $5,000.00
Provide resilience and performance Collect 1 year of information on performance of
data to analytics team system and impact on community resilience
Summary of information demonstrating value, use,
Resilience report and impact of solar plus storage system over
performance period.
Complete Commerce-provided Fact Sheet and at
Story telling least one other mode of project narrative
communication.
100% $214,286.00 $500,000.00
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�► Washington SIale
Department of
�i► Commerce
FY24
subtotal: $375,000
FY25
subtotal: $125,000
Total grant
amount: $500,000
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Attachment C: Proviso
Engrossed Substitute Senate Bill 5949; 68th Legislature, 2024 Regular Session
2023-2025 Supplemental Capital Budget
Section 1019
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for grants to increase solar deployment and
installation of battery storage in community buildings to enhance grid resiliency and provide backup
power for critical needs, such as plug load and refrigeration for medication, during outages or to
provide incentives to support electric utility demand response programs that include customer-sited
solar and battery storage systems. Eligible uses of the amounts provided in this subsection include,
but are not limited to, planning and predevelopment work with vulnerable, highly impacted, and rural
communities.
(2) The department may:
(a) Provide information to applicants about available clean energy tax credits and incentives,
including elective pay, that may be applicable to the project for which state funding is being
sought;
(b) Inquire, as part of the application, which tax credits and incentives the applicant plans to seek
for the project;
(c) Prioritize projects seeking any applicable clean energy tax credits and incentives when
developing and applying competitive criteria for selecting recipients under this section; and
(d) Consider the availability of any federal tax credits or other federal or nonfederal grants or
incentives that the applicant may benefit from in review of the application.
(3) Funding awards made under this section may not exceed 100 percent of the cost of the project.
(4) For the purposes of this subsection "community buildings" means K-12 schools, community colleges,
community centers, recreation centers, libraries, tribal buildings, state and local government
buildings, and other publicly owned infrastructure.
(5) Up to three percent of the appropriation in this section is for the department to administer the grant
program.
Climate Commitment Account—State. . . . . . . . . . . $38,000,000
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Debarment, Suspension, Ineligibility or Voluntary Exclusion Certification Form
ORANIZATION City of Kent Doing business as (DBA)
NAME
ADDRESS: City of Kent Applicable WA Uniform 173-000- Federal Employer Tax
220 4TH AVE S Procurement or Identifier 002 Identification#:XXXXXX
KENT, WA 98032-5895 Solicitation#, if any: (UBI)
SOLSTOR-23
This certification is submitted as part of a request to contract.
Instructions For Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower
Tier Covered Transactions
READ CAREFULLY BEFORE SIGNING THE CERTIFICATION. Federal regulations require contractors and bidders to sign and
abide by the terms of this certification, without modification, in order to participate in certain transactions directly or
indirectly involving federal funds.
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out
below.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an
erroneous certification, in addition to other remedies available to the Federal Government the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the department, institution or office to
which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning
set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the
person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
proposed for debarment under the applicable CFR, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered
Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered
transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under applicable CFR, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required
to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to
render in good faith the certification required by this clause. The knowledge and information of a participant is not
required to exceed that which is normally possessed by a prudent person in the ordinary course of business activity.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under applicable
CFR, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier
Covered Transactions
The prospective lower tier participant certifies, by submission of this proposal or contract, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency. Where the prospective
lower tier participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this form.
Bidder or Contractor Signature: Date:
Print Name and Title: Dana Ralph, Mayor
Contract Number: 23-92502-239
DocuSign Envelope ID: 1147C6E3-08B3-4185-ADE3-91C59CB36BE7
FEDERAL DEBARMENT, SUSPENSION
INELIGIBILITY and VOLUNTARY EXCLUSION
(FREQUENTLY ASKED QUESTIONS)
What is "Debarment, Suspension, Ineligibility, and Voluntary Exclusion"?
These terms refer to the status of a person or company that cannot contract with or receive grants from a federal agency.
In order to be debarred, suspended, ineligible, or voluntarily excluded, you must have:
• had a contract or grant with a federal agency, and
• gone through some process where the federal agency notified or attempted to notify you that you could not contract
with the federal agency.
• Generally, this process occurs where you, the contractor, are not qualified or are not adequately performing under a
contract, or have violated a regulation or law pertaining to the contract.
Why am I required to sign this certification?
You are requesting a contract or grant with the Washington State Department of Commerce. Federal law (Executive Order
12549) requires the Department of Commerce ensure that persons or companies that contract with The Department of
Commerce are not prohibited from having federal contracts.
What is Executive Order 12549?
Executive Order 12549 refers to Federal Executive Order Number 12549. The executive order was signed by the
President and directed federal agencies to ensure that federal agencies, and any state or other agency receiving federal
funds were not contracting or awarding grants to persons, organizations, or companies who have been excluded from
participating in federal contracts or grants. Federal agencies have codified this requirement in their individual agency Code
of Federal Regulations (CFRs).
What is the purpose of this certification?
The purpose of the certification is for you to tell The Department of Commerce in writing that you have not been
prohibited by federal agencies from entering into a federal contract.
What does the word "proposal" mean when referred to in this certification?
Proposal means a solicited or unsolicited bid, application, request, invitation to consider or similar communication from
you to The Department of Commerce.
What or who is a "lower tier participant"?
Lower tier participants means a person or organization that submits a proposal, enters into contracts with, or receives a
grant from The Department of Commerce, OR any subcontractor of a contract with The Department of Commerce. If you
hire subcontractors, you should require them to sign a certification and keep it with your subcontract.
What is a covered transaction when referred to in this certification?
Covered Transaction means a contract, oral or written agreement, grant, or any other arrangement where you contract
with or receive money from The Department of Commerce. Covered Transaction does not include mandatory entitlements
and individual benefits.
Sample Debarment, Suspension, Ineligibility, Voluntary Exclusion Contract Provision
Debarment Certification. The Contractor certifies that the Contractor is not presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any
Federal department or agency. If requested by The Department of Commerce, the Contractor shall complete a
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form
completed by the Contractor for this Contract shall be incorporated into this Contract by reference.
DocuSign Envelope ID: 1147C6E3-08B3-4185-ADE3-91C59CB36BE7
40%Washington State FUND OBLIGATION, DE-OBLIGATION, CONTRACT APPROVAL
Department of ROUTING SLIP
140 Commerce ENERGY DIVISION ENERGY PROGRAMS IN COMMUNITIES
*FOR COMMERCE USE ONLY*
REVIEWED BY I VERIFY THAT: INITIALS
PROGRAM MANAGER Any and all changes made are within my
Commerce Specialist 3 delegated authority and responsibilities
• Fund source reviewed and contract amount
approved
• If applicable, formula fund allocation spreadsheet Ds
emailed to appropriate staff, included with
obligation memo
• If routing a Fund Obligation Memo, draft memo
reviewed and approved by leadership prior to
routing final memo in DocuSign for AD approval
• If routing Contracts, associated Fund Obligation
Memo approved prior to routing contract or
amendment.
TEAM SUPERVISOR Any and all changes made are within my
Commerce Specialist 5 delegated authority and responsibilities ^^Ds
• Fund source, contract terms, scope of work J
reviewed and approved
BUDGET STAFF • Any and all changes made are within my
delegated authority and responsibilities
• Reviewed allotment authority and coding Ds
• Appropriate award paperwork in place, if �N
applicable
• Reviewed contract/amendment entry in CMS
SECTION SUPERVISOR • Any and all changes made are within my Li
WMS 2 delegated authority and responsibilities• Contract terms, scope of work reviewed and
approved
MANAGING DIRECTOR • Any and all changes made are within my Ds
Alternate:Assistant Managing delegated authority and responsibilities ^G
Director on behalf of MD 0 Final review before appointing authority signature .l
ASSISTANT DIRECTOR • Contract, amendment, or memo approved and
cc: Admin Assistant signed by Appointing Authority Signed on
attached
Alternate:Deputy Assistant document
Director on behalf of AD
DocuSign
Certificate Of Completion
Envelope Id: 1147C6E308B34185ADE39lC59CB36BE7 Status:Completed
Subject: DocuSign:Solar Plus Storage 23-92502-239 City of Kent
Division:
Energy
Program:Solar Plus Storage
ContractN umber:23-92502-239
DocumentType:Contract
Source Envelope:
Document Pages:28 Signatures:2 Envelope Originator:
Certificate Pages:6 Initials:5 Sean Mertens
AutoNav: Enabled 1011 Plum Street SE
Envelopeld Stamping: Enabled MS 42525
Time Zone: (UTC-08:00)Pacific Time(US&Canada) Olympia,WA 98504-2525
sean.mertens@commerce.wa.gov
IP Address: 198.238.8.161
Record Tracking
Status:Original Holder:Sean Mertens Location: DocuSign
6/6/2024 4:41:42 PM sean.mertens@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
Dana Ralph EDSigned by: Sent:6/6/2024 5:13:26 PM
dralph@kentwa.gov a" IFS. Viewed:6/8/2024 11:06:20 AM
Mayor 93E99D67ED24442_ Signed:6/8/2024 11:06:28 AM
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
David Hecker ED�S
Sent:6/8/2024 11:06:30 AM
david.hecker@commerce.wa.gov Viewed:6/10/2024 7:45:25 AM
Security Level: Email,Account Authentication Signed:6/10/2024 7:47:47 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.238.29.41
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jill Eikenhorst Sent:6/10/2024 7:47:50 AM
jill.eikenhorst@commerce.wa.gov Viewed:6/14/2024 4:44:20 PM
Security Level: Email,Account Authentication Signed:6/14/2024 4:49:50 PM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.239.106.147
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Signer Events Signature Timestamp
Dan Nguyen LD
Sent:6/14/2024 4:49:53 PM
dan.nguyen@commerce.wa.gov Viewed:6/17/2024 11:01:20 AM
Signing Group:COM Energy Budget Office Signed:6/17/2024 11:02:21 AM
Security Level: Email,Account Authentication
(None), Login with SSO Signature Adoption: Pre-selected Style
Using IP Address: 198.238.6.182
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lauris C. Mattson Sent:6/17/2024 11:02:24 AM
Iii"s
larry.mattson@commerce.wa.gov Viewed:6/17/2024 11:11:35 AM
Security Level: Email,Account Authentication Signed:6/17/2024 11:12:43 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.238.29.40
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jennifer Grove S Sent:6/17/2024 11:12:46 AM
jennifer.grove@commerce.wa.gov �G Viewed:6/17/2024 11:33:02 AM
Security Level: Email,Account Authentication Signed:6/17/2024 11:33:18 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 147.55.149.179
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Michael FurzeSent:6/17/2024 11:33:23 AM
michael.furze@commerce.wa.gov ED11USign1d
by:"�°`� �"`Z` Viewed:6/17/2024 11:35:42 AM
Assistant Director, Energy Division 1OB182e285e448A Signed:6/17/2024 11:35:50 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 198.238.29.51
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
Carbon Copy Events Status Timestamp
Stephanie Molloy Sent:6/17/2024 11:12:46 AM
stephanie.molloy@commerce.wa.gov
Asst Managing Director, EPIC
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events Status Timestamp
Spencer Nilsson Sent:6/17/2024 11:33:22 AM
spencer.nilsson@commerce.wa.gov
ED
Admin Lead
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Will Moore COPIED Sent:6/17/2024 11:35:53 AM
wmoore@kentwa.gov
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Terry Jungman Sent:6/17/2024 11:35:54 AM
tjungman@kentwa.gov COPIED Viewed:6/17/2024 11:43:50 AM
PPD Manager
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Leah Bryant Sent:6/17/2024 11:35:55 AM
LBryant@kentwa.gov
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 6/6/2024 5:13:27 PM
Certified Delivered Security Checked 6/17/2024 11:35:42 AM
Signing Complete Security Checked 6/17/2024 11:35:50 AM
Completed Security Checked 6/17/2024 11:35:55 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
DocuSign system. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to this Electronic Record and
Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to
`I agree to use electronic records and signatures' before clicking `CONTINUE' within the
DocuSign system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.15 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
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
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
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,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
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
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: hops://support.docusi n�guides/signer-_uide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
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.