HomeMy WebLinkAboutCity Council Committees - Committee of the Whole - 07/02/2024 (2) KENT CITY COUNCIL
• COMMITTEE OF THE WHOLE
KENT Tuesday, July 2, 2024
W A S H IN G T O N
4:00 PM
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CitvofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting, dial
253-215-8782 or 253-205-0468
Enter Meeting ID: 87459075269
Join the meeting
Mayor Dana Ralph
Council President Satwinder Kaur
Councilmember Bill Boyce Councilmember Marli Larimer
Councilmember John Boyd Councilmember Zandria Michaud
Councilmember Brenda Fincher Councilmember Toni Troutner
**************************************************************
Item Description Action Speaker Time
1. CALL TO ORDER
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. DEPARTMENT PRESENTATIONS
Operations—Council President Kaur, Subject Matter Chair
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun
18, 2024 4:00 PM
B. Payment of Bills - Approve YES Paula Painter 01 MIN.
C. Interagency Agreement with the YES Margaret Yetter 07 MIN.
Washington Traffic Safety Janene Johnstone
Commission - DUI Court Grant -
Accept
Committee of the Whole Committee of the Whole - July 2, 2024
Regular Meeting
Economic and Community Development—Council member Larimer, Subject
Matter Chair
D. INFO ONLY: STEM & Career NO Bill Ellis 15 MIN.
Connected Plan; MOU to Transfer
ARPA Funds for Plan's
Implementation Tasks
E. INFO ONLY: Project Update - Mill NO Bill Ellis 15 MIN.
Creek Middle School Stormwater
Improvement Project: Healthy
Fields, Healthy Community
Parks—CounciImember Michaud, Subject Matter Chair
F. Lake Meridian Playground YES Kerry O'Connor 05 MIN.
Resurfacing Replacement Project
- Funds - Accept
S. ADJOURNMENT
Unless otherwise noted, Council will hold Committee of the Whole at 4 p.m. on the first and third Tuesday of
each month.
Public Comment may be submitted in writing to the City Clerk at the meeting,which will be distributed to
each councilmember and admitted into the record, but will not be read aloud at the meeting. In order to
be admitted into the record,written comments shall be submitted not less than three hours prior to the start
of the Committee of the Whole meeting to Cityclerk@kentwa.gov, unless a person appears in-person, in
which case, the written comments will be handed to the City Clerk and will be admitted into the record of
the Committee of the Whole meeting.
For additional information, please contact Kimberley A. Komoto, City Clerk at 253-856-5725, or
email CityClerk@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk at 253-856-5725 in advance
of the meeting. For TDD relay service, call Washington Telecommunications Relay Services at 7-1-1.
4.A.1
Pending Approval
Kent City Council - Committee
• of the Whole
KENT Committee of the Whole -
WAS M IN G 7 0 N
Regular Meeting
Minutes
June 18, 2024
Date: June 18, 2024
Time: 4:00 p.m.
Place: Chambers
as
1. CALL TO ORDER
c
Council President Kaur called the meeting to order. o
2. ROLL CALL °
Q.
Attendee Name Title Status Arrived a
Satwinder Kaur Council President Present
Bill Boyce Councilmember Late 4:12 PM a
0
John Boyd Councilmember Present
Brenda Fincher Councilmember Present N
Marli Larimer Councilmember Present N
Zandria Michaud Councilmember Present
Toni Troutner Councilmember Present ;
4-
3. AGENDA APPROVAL
a�
r
A. I move to approve the agenda as presented.
ER SULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner Q
as
4. DEPARTMENT PRESENTATIONS
A. Approval of Minutes YES
i. Committee of the Whole - Committee of the Whole - Regular Meeting - Jun
4, 2024 4:00 PM
Packet Pg. 3
4.A.1
Kent City Council - Committee of the Whole June 18, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: John Boyd, Councilmember
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
N
d
RESULT: MOTION PASSES [UNANIMOUS] Next: 7/2/2024 7:00 PM
MOVER: Toni Troutner, Councilmember
4-
SECONDER: Marli Larimer, Councilmember 0
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner o
L
Q
C. Contract for Canyon Ridge Lighting - Authorize a
Parks Planning and Development Manager Terry Jungman provided an
a
overview of the agreement for Canyon Ridge Lighting. o
On May 21, 2024, City Council authorized an interlocal agreement with the N
Kent School District for sports field lighting at Canyon Ridge Middle School. N
This purchase will provide for the installation of sports field lighting at C
Canyon Ridge Middle School to allow for park programming and public use of
the field during evening hours. Infrastructure includes four 80-foot light
poles. Installation is scheduled to occur by end of this summer and the
purchase and installation cost is not expected to exceed $504,464.74.
c
MOTION: I move to authorize the Parks Department to contract
for athletic field lighting through a Cooperative Purchasing
Agreement with Musco Sports Lighting, LLC, and authorize the
Mayor to sign all necessary documents, subject to final terms
and conditions acceptable to the Parks Director and City a
Attorney.
a�
RESULT: MOTION PASSES [UNANIMOUS] Next: 6/18/2024 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner
D. Kent Youth and Family Services Contract - Substance Use
Disorder and Mental Health Services - Authorize
Senior Human Services Coordinator Lori Guilfoyle provided an overview of
the agreement with Kent Youth and Family Services relating to Substance
Use Disorder and Mental Health Services.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 4 Packet Pg. 4
4.A.1
Kent City Council - Committee of the Whole June 18, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
House Bill 1590 was enacted by the Washington State Legislature in 2020
and House Bill 1070 increased flexibility of the funds in 2021. The State
legislation allows for up to 40% of the revenue be utilized for the operation,
delivery, or evaluation of: (1) behavioral health treatment programs and
services; or (2) housing-related services.
In coordination with Kent School District, Kent Youth and Family Services
was selected to provide individual, family and group counseling sessions,
case management, assessments and substance use disorder education to
address mental health wellness and substance use in Kent School District. w
The expanded service focus is for school-based services and creates
opportunities for group sessions. In addition, partnerships will be in place to 4-
increase out of school time/summer sessions supporting SUD and mental °
health for youth. o
Troutner spoke in support of the motion. a
a_
Guilfoyle detailed how the Kent Youth and Family Services was selected as
the provider. a
0
MOTION: I move to authorize Mayor to sign the Consultant
Services Agreement with Kent Youth and Family Services, N
subject to the final terms and conditions acceptable to the N
Parks Director and City Attorney. C
c
RESULT: MOTION PASSES [UNANIMOUS] Next: 7/2/2024 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Kaur, Boyd, Fincher, Larimer, Michaud, Troutner
ai
E. Goods & Services Maintenance Agreement with Totem Logistics
for Litter Clean-up - Authorize a
a�
Conservation Coordinator Tony Donati provided an overview of the Goods a
and Services Maintenance Agreement with Totem Logistics for right-of-way
litter clean up. ;
MOTION: I move to authorize the Mayor to sign the Goods and
Services Maintenance Agreement with Totem Logistics, Inc.,
subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 4 Packet Pg. 5
4.A.1
Kent City Council - Committee of the Whole June 18, 2024
Committee of the Whole - Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: MOTION PASSES [UNANIMOUS] Next: 7/2/2024 7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner
F. Goods & Services Maintenance Agreement with Totem Logistics
for On-Call Services - Authorize
Donati presented information on the Goods and Services Maintenance
Agreement with Totem Logistics for on-call clean-up and disposal services.
MOTION: I move to authorize the Mayor to sign the Goods and 4-
Services Maintenance Agreement with Totem Logistics, Inc., °
subject to final terms and conditions acceptable to the Public o
Works Director and City Attorney. a
a
a
RESULT: MOTION PASSES [UNANIMOUS] Next: 7/2/2024 7:00 PM
MOVER: Brenda Fincher, Councilmember a
0
SECONDER: Toni Troutner, Councilmember
AYES: Kaur, Boyce, Boyd, Fincher, Larimer, Michaud, Troutner N
0
N
C
5. ADJOURNMENT
c
Council President Kaur adjourned the meeting. -
N
r
Meeting ended at 4:20 p.m.
Ki,vva-,orLey A. Ko-vvwtcr
City Clerk
a
a�
a
a�
c
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 4 Packet Pg. 6
4.B
CITY CLERK
Kimberley Komoto, City Clerk
220 Fourth Ave S
KENT Kent, WA 98032
WASHINGTON 253-856-5725
DATE: July 2, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills.
SUMMARY:
BUDGET IMPACT:
Packet Pg. 7
4.0
MUNICIPAL COURT
Margaret Yetter, Court Administrator
1220 Central Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5730
DATE: July 2, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Interagency Agreement with the Washington Traffic Safety
Commission - DUI Court Grant - Accept
MOTION: I move to accept grant funds in the amount of $175,000 from the
Washington Traffic Safety Commission for DUI court, amend the budget,
authorize expenditure of funds, and authorize the Mayor to sign all
necessary documents, subject to terms acceptable to the Court
Administrator and City Attorney.
SUMMARY: Kent Municipal DUI (Driving Under the Influence) Court has been
awarded up to $175,000 in grant funding from the Washington Traffic Safety
Commission for the one-year period beginning July 1, 2024 and ending June 30,
2025. The Kent Municipal DUI Court team identifies, supports, and supervises high-
risk impaired drivers, and has established a strong working relationship with the
Washington Traffic Safety Commission beginning with the DUI Court's inception in
2017. The purpose of this grant is to reimburse the City for certain DUI Court
expenditures, which may include: drug/alcohol urinalysis collection and testing;
substance use disorder assessments; treatment and counseling; probation staff;
team training; interpreter services; breath testing / secure continuous alcohol
monitoring / electronic home monitoring services; clean and sober housing; support
of prosocial activities; and graduation refreshments.
This agreement will go before the Committee of the Whole and on the City Council
Consent Agenda on the same date-July 2, 2024.
BUDGET IMPACT: Expenditures will be offset by the acceptance of the grant
funds.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Interagency Agreement for 2025 Kent DUI Court (PDF)
Packet Pg. 8
4.C.a
0
O
y
N
E
E
WEMS
O
U
A
r
R
INTERAGENCY AGREEMENT
_
0
BETWEEN THE
Washington Traffic Safety Commission
ANDw
_
City of Kent L
a
2025-ST-5375-Kent DUI Court
_
a�
a�
THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety
r
Commission, hereinafter referred to as "WTSC," and City of Kent, hereinafter referred to as "SUB-
RECIPIENT."
0
NOW THEREFORE, in consideration of the authority provided to WTSC in RCW 43.59 and RCW 39.34, 3
terms, conditions, covenants, and performance contained herein, or attached and incorporated and mad(
a part hereof, the parties mutually agree as follows: o
r
_
1. PURPOSE OF THE AGREEMENT: Y
The purpose of this Agreement is to provide funding for traffic safety grant project 2025-ST-5375-Kent o
DUI Court. N
L
0
2. PERIOD OF PERFORMANCE
The period of performance of this Contract shall commence upon the date of execution by both Parties o
L
July 01, 2024, whichever is later, and remain in effect until June 30, 2025, unless terminated sooner, as a
provided herein.
3. STATEMENT OF WORK ;a
_
The SUB-RECIPIENT shall carry out the provisions of the traffic safety project described here as the
Statement of Work (SOW). If the SUB-RECIPIENT is unable to fulfill the SOW in any manner on this E
r
a
a e1of17
Packet Pg. 9
4.C.a
0
0
project, the SUB-RECIPIENT must contact the WTSC Program Manager immediately and discuss a N
potential amendment. All State regulations will apply. E
0
3.1 SCOPE OF WORK
r
3.1.1 Problem ID and/or Opportunity
U)
Impaired driving continues to be the most common contributing factor in Washington's traffic fatalities,
represented in nearly half of all traffic fatalities year after year (WTSC State of the State Brief#11, May
2023). Impaired driving often stems from the driver having addictions to alcohol and/or impairing
substances. These drivers are at a high risk of repeatedly driving while impaired — especially those
drivers with prior DUI convictions. The likelihood of a driver with a prior DUI conviction becoming involve(
in a fatal car crash is 4.1 times that of a first-time DUI offender. According to the National Center for DWI
Courts, DUI Court participants are 19% less likely to reoffend, while DUI Courts save taxpayers' money,
w
improve public safety, and serve to change participants' thinking and behavior.
The SUB-RECIPIENT's DUI Court averages 30 defendants per year with two or more prior DUI arrests. 4)
Since its inception in 2017, which includes a brief hold on admitting new participants in 2020, the SUB- a
RECIPIENT's DUI Court admitted 84 participants, 62% of whom have either successfully graduated or
are currently on track to do so.
0
L
3.1.2 Project Purpose and Strategies =
0
The purpose of the project is to prevent high risk impaired drivers in the jurisdiction of the City of Kent Q
from re-offending. L
0
0
The use of a DUI Court model is the strategy that will be used to accomplish this purpose. U U,
0
r
The SUB-RECIPIENT will accomplish this by providing supervision, treatment, and monitoring to high-ris Y
impaired drivers (HRIDs) to prevent them from driving impaired by treating the root cause of their N
behavior: substance abuse disorder, with or without mental illness. N
L
Also, the SUB-RECIPIENT will strive to follow the NCDC's 10 guiding principles to demonstrate reduced L2
DUI recidivism. Participants in DUI court programs that closely follow the 10 guiding principles have beer Z
shown to have a significant reduction in recidivism, with one study from Michigan showing that
participants of DUI courts are 19 times less likely to reoffend than offenders processed through a a
traditional court (National Centers for DWI Courts).
3.2 PROJECT GOALS
_
1) Subrecipient's DUI Court will follow best practices defined by NCDC.
2) Increase the number of DUI Court participants by 25% by June 30, 2025.
r
a
a e2of17
Packet Pg. 10
4.C.a
0
0
3) Conduct drug and alcohol monitoring at least four times each month for all DUI Court participants. N
E
3.2.1 The objectives, measures and timelines listed in Appendix A will be reviewed at least annually by 0
the designated contacts of the SUB-RECIPIENT and WTSC, and may be updated pursuant to clause 6 c r
this AGREEMENT. For the purposes of this section only, the parties' DESIGNATED CONTACTS, as
listed in clause 32, are authorized to execute these amendments to Appendix A.
0
L
3.3. COMPENSATION
_
3.3.1 The cost of accomplishing the work described in the SOW will not exceed $175,000.00, for the
entire period of performance, as allocated to each year of this agreement in Section 3.4 PROJECT
COSTS. Unspent contract funds from each year do NOT carry over into subsequent years and each
year's budget is independent of the others.
w
3.3.2 Payment for satisfactory performance of the work shall not exceed this amount unless the parties
mutually agree to a higher amount in a written Amendment to this Agreement executed by both parties.
L
3.3.3 After the first year, continuation is subject to funding availability, agreement on future objectives ani
measures, and satisfactory progress toward completion of agreed upon goals (as determined by WTSC),
as set forth in the SOW.
a�
r
_
3.3.4 If the SUB-RECIPIENT intends to charge indirect costs, an Indirect Cost Rate must be established o
in accordance with WTSC policies, and an approved cost allocation plan may be required to be submittei Q
to the WTSC before any performance is conducted under this Agreement. Indirect cost rates are subject L
to change based on updated Indirect Rate Letters from a cognizant federal agency or approved cost 0
allocation plans. If the indirect rate increases, the budget will be modified by deducting the amount of the 0
indirect rate increase from other budget categories so that the total budget does not increase. The total
budget may not increase without an amendment to this agreement executed by both parties. Y
N
3.3.5 WTSC will only reimburse the SUB-RECIPIENT for travel related expenses for travel defined in the N
L
scope of work and budget or for which approval was expressly granted. The SUB-RECIPIENT must 1°
submit a travel authorization form (A-40) to request approval for any travel not defined in the SOW and 5
for all travel outside of the continental United States.
a�
L
3.3.6 WTSC will reimburse travel related expenses consistent with the written travel policies of the SUB- >,
RECIPIENT. If no written policy exists, state travel rates and policies (SAAM Chapter 10) apply. If WTSC
makes travel arrangements on behalf of the SUB-RECIPIENT, state travel policies must also be followed F
Washington State Administrative & Accounting Manual (SAAM) Chapter 10 can be obtained at this
website: https://www.ofm.wa.g ov/sites/default/files/public/legacy/policy/10.htm. If for any reason, this
information is not available at this website, contact the WTSC office at 360-725-9860 to obtain a copy. If E
r
a
a e3of17
Packet Pg. 11
4.C.a
0
0
following state travel policies, the SUB-RECIPIENT must provide appropriate documentation (receipts) tc 'N
support reimbursement requests, including the A-40 Travel Authorization form if required. E
0
3.3.7 All equipment purchased with this grant must be inventoried by the SUB-RECIPIENT. The SUB- r
RECIPIENT agrees to maintain the equipment, continue to use it for project purposes, and report on its
status to WTSC each year when requested. )
L
3.3.8 Equipment is defined as any asset with a useful life greater than one year AND a unit cost of$5,00,
or greater, and small and attractive assets.
Small and attractive assets are the following if they a unit cost of $300 or more:
• Laptops and Notebook Computers
• Tablets and Smart phones
w
_
Small and attractive assets also include the following if they have a unit cost of $1,000 or more:
a
L
• Optical Devices, Binoculars, Telescopes, Infrared Viewers, and Rangefinders
• Cameras and Photographic Projection Equipment
• Desktop Computers (PCs)
• Television Sets, DVD Players, Blu-ray Players and Video Cameras (home type)
0
0
r
3.4. PROJECT COSTS
0
U
The costs for the work under the SOW to be provided by the SUB-RECIPIENT are as follows: o
r
_
Year 1: $175,000.00 Y
N
0
N
L
0
_
APPLICABLE STATE TERMS AND CONDITIONS: E
a�
a�
L
4. ACTIVITY REPORTS Q
The SUB-RECIPIENT will submit progress reports on the activity of this project in the form provided by
the WTSC using the WTSC Enterprise Management System (WEMS) Progress Reporting process or
other alternate means pre-approved by WTSC. The SUB- RECIPIENT will include copies of publications, 2
training reports, advertising, social media posts, meeting agendas, and any statistical data generated in
r
project execution in the reports. The final report will be submitted to WTSC within 30 days of termination
r
a
Dacie4of17
Packet Pg. 12
4.C.a
O
O
of this Agreement. WTSC reserves the right to delay the processing of invoices until activity reports are N
received and approved. E
O
5. ADVANCE PAYMENTS PROHIBITED
r
No payments in advance of or in anticipation of goods or services to be provided under this Agreement
shall be made by the WTSC. )
r_
M
L
6. AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties in the form of a written Amendmer
to this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel
authorized to bind each of the parties.
7. ALL WRITINGS CONTAINED HEREIN
w
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto. a
8. SUBCONTRACTING REQUIREMENTS
The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part,
a�
without the express prior written consent of the WTSC, which consent shall not be unreasonably withhelc
The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements enterec o
into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable
state and local law, including but not limited to procurement law, rules, and procedures. L
3
O
9. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the Agreement terms, each party agrees to
r
bear its own attorney fees and costs. Y
N
10. BILLING PROCEDURE N
L
The SUB-RECIPIENT shall submit monthly invoices for reimbursement to WTSC with supporting L°
documentation as WTSC shall require. All invoices for reimbursement shall be submitted through the
WEMS invoicing process, or via alternate method if approved by WTSC. Payment to the SUB-
RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC a
within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of
the Agreement, any claim for payment not already made shall be submitted within 45 days after the
expiration date of this Agreement. All invoices for goods received or services performed on or prior to
June 30, must be received by WTSC no later than August 10 of the same calendar year. All invoices for
goods received or services performed between July 1 and September 30, must be received by WTSC nc
later than November 10 of the same calendar year. WTSC reserves the right to delay the processing of
r
a
a e5of17
Packet Pg. 13
4.C.a
0
0
invoices until activity reports required by Section 4 of this agreement, are received and approved. N
E
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION 0
U
The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information r
which may be classified as confidential, for any purpose not directly connected with the administration of
this Agreement, except with prior written consent of the WTSC, or as may be required by law.
0
L
12. COST PRINCIPLES
Costs incurred under this Agreement shall be governed by the laws of the State of Washington.
w
_
13. COVENANT AGAINST CONTINGENT FEES
The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission,
brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application
w
for financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this Q5
section by the SUB-RECIPIENT, to annul this Agreement without liability.
L
14. DISPUTES
14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the
parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final
a�
and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written
decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's o
appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by
the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall L
abide by the decision. 0
14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall
_
continue performance under this Agreement while matters in dispute are being resolved. Y
N
14.3. In the event that either Party deems it necessary to institute legal action or proceedings to enforce N
L
any right or obligation under this Agreement, the Parties hereto agree that any such action or °
proceedings shall be brought in the superior court situated in Thurston County, Washington.
E
a�
a�
15. GOVERNANCE
15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state >,
of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws. ;a
_
15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order E
r
a
a e6of17
Packet Pg. 14
4.C.a
0
c
0
y
15.2.1. Applicable federal and state statutes and rules E
15.2.2. Terms and Conditions of this Agreement 0
15.2.3. Any Amendment executed under this Agreement
15.2.4. Any SOW executed under this Agreement
15.2.5. Any other provisions of the Agreement, including materials incorporated by reference n
M
L
16. INCOME
c
Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of publications, 2
registration fees, or service charges) must be accounted for, reported to WTSC, and that income must bE
applied to project purposes or used to reduce project costs. M
17. INDEMNIFICATION 3
17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the
WTSC, its officers, employees, and agents, and process and defend at its own expense any and all E
claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind Q
("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-
RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision
applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with,
or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors,
and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to 0
indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that Q
claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; an(
provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its
officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, o 5
agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein
shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, Y
employees, agents, contractors, or subcontractors. N
0
N
L
17.2. The SUB-RECIPIENT agrees that its obligations under this Section extend to any claim, demand °
and/or cause of action brought by, or on behalf of, any of its employees or agents in the performance of
this agreement. For this purpose, the SUB-RECIPIENT, by mutual negotiation, hereby waives with
L
respect to WTSC only, any immunity that would otherwise be available to it against such claims under thi a
Industrial Insurance provisions chapter 51.12 RCW.
c
a�
17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. ;a
a�
c
18. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall E
0
a
a e7of17
Packet Pg. 15
4.C.a
0
c
0
continue to be employees or agents of that party and shall not be considered for any purpose to be N
employees or agents of the other party. E
0
19. INSURANCE COVERAGE
19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if
required by law. 2
r_
M
L
19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prio
to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC
with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or
commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB mo
-
RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement.
3
20. LICENSING, ACCREDITATION, AND REGISTRATION
The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation,
and registration requirements and standards necessary for the performance of this Agreement. The SUB a
RECIPIENT shall complete registration with the Washington State Department of Revenue, if required,
and be responsible for payment of all taxes due on payments made under this Agreement.
M
L
21. RECORDS MAINTENANCE c
21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain o
books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect Q
costs expended in the performance of the services described herein. These records shall be subject to
inspection, review, or audit by authorized personnel of the WTSC and the Office of the State Auditor. All 30
books, records, documents, and other material relevant to this Agreement will be retained for six years 5
after expiration. The Office of the State Auditor, the WTSC, and any duly authorized representatives shal
have full access and the right to examine any of these materials during this period. Y
Ln
N
21.2. Records and other documents, in any medium, furnished by one party to this Agreement to the NL
other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving them a reasonable opportunity to respond. Each party will utilize reasonable
L
security procedures and protections to assure that records and documents provided by the other party a
are not erroneously disclosed to third parties.
c
a�
22. RIGHT OF INSPECTION L
a0
The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to =
any other authorized agent or official of the state of Washington, at all reasonable times, in order to
a�
monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The E
0
a
a e8of17
Packet Pg. 16
4.C.a
0
c
0
SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to N
access, amend, and receive an accounting of disclosures of their Personal Information according to the E
Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revises c0
pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-
RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the y
Department of Health and Human Services all internal policies and procedures, books, and records 2
relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of L
this Agreement. c
23. RIGHTS IN DATA
23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called "Work M
Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright
Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is 3
not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, E
computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, i
and/or databases to the extent provided by law. Ownership includes the right to copyright, register the a
copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to
otherwise use and transfer these rights.
M
L
d
23.2. If for any reason the Work Product would not be considered a work made for hire under applicable E
law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all Q
rights in the Work Product and any registrations and copyright applications relating thereto and any S
renewals and extensions thereof.
0
0
23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior 5
review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment
of the support provided by WTSC. Any discovery or invention derived from work performed under this Y
project shall be referred to the WTSC, who will determine whether patent protections will be sought, how o
any rights will be administered, and other actions required to protect the public interest. N
0
24. SAVINGS
E
In the event funding is withdrawn, reduced, or limited in any way after the effective date of this Agreemer L
and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement a
under the "TERMINATION FOR CONVENIENCE" clause, without the 30 day notice requirement. The
Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or
conditions.
_
25. SEVERABILITY
CD
If any provision of this Agreement or any provision of any document incorporated by reference shall be E
0
a
a e9of17
Packet Pg. 17
4.C.a
0
0
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given N
effect without the invalid provision, if such remainder conforms to the requirements of applicable law and E
the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declare 0
to be severable.
26. SITE SECURITY 2
While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform 12
in all respects with all WTSC physical, fire, or other security policies and applicable regulations. o
w
27. TAXES
_
All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such
expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT.
28. TERMINATION FOR CAUSE
If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement
L
or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of a
such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the
SUB-RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB-
RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the
r
15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC
0
29. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement, without 3
cause or reason, with 30 days written notice to the other party. If this Agreement is so terminated, the U
WTSC shall be liable only for payment required under the terms of this Agreement for services rendered o
or goods delivered prior to the effective date of termination.
Y
30. TREATMENT OF ASSETS N
0
30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property N
furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed
_
as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such E
property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB- L
RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such a
property in the performance of this Agreement, or (ii) commencement of use of such property in the
performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in par
whichever first occurs.
_
30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided
E
r
a
a e 10 of 17
Packet Pg. 18
4.C.a
0
0
herein or approved by the WTSC, be used only for the performance of this Agreement. N
E
30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which 0
results from the negligence of the SUB-RECIPIENT or which results from the failure on the part of the r
SUB-RECIPIENT to maintain and administer that property in accordance with sound management
practices. )
0
L
30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify
the WTSC and shall take all reasonable steps to protect the property from further damage.
_
30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion,
termination, or cancellation of this Agreement.
30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's
employees, agents, or sub-contractors.
a
L
31. STATE NONDISCRIMINATION a
31.1 Nondiscrimination Requirement. During the term of this Contract, Contractor, including any
subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition,
Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to
any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other o
agreement.
r
L
31.2 Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with o
any Washington state agency investigation regarding any allegation that Contractor, including any �
subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).
r
_
31.3 Default. Notwithstanding any provision to the contrary, WTSC may suspend Contractor, including N
any subcontractor, upon notice of a failure to participate and cooperate with any state agency N
investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any
such suspension will remain in place until WTSC receives notification that Contractor, including any
subcontractor, is cooperating with the investigating state agency. In the event Contractor, or
a�
subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WTSC a
may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred
for debarment as provided in RCW 39.26.200. The Contractor or subcontractor may be given a
reasonable time in which to cure this noncompliance, including implementing conditions consistent with
any court-ordered injunctive relief or settlement agreement.
r
_
31.4 Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract
r
a
Dacie 11 of 17
Packet Pg. 19
4.C.a
0
c
0
termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be y
liable for contract damages as authorized by law including, but not limited to, any cost difference betweer 'E
the original contract and the replacement or cover contract and all administrative costs directly related to 5
the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60,
RCW. WTSC shall have the right to deduct from any monies due to Contractor or subcontractor, or that M
thereafter become due, an amount for damages Contractor or subcontractor will owe WTSC for default u
under this provision.
c
32. WAIVER
a�
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement.
3
-W
33. DESIGNATED CONTACTS a
The following named individuals will serve as designated contacts for each of the parties for all
communications, notices, and reimbursements regarding this Agreement: Q
U
c
a�
The Contact for the SUB-RECIPIENT is: The Contact for WTSC is: L
aW
c
Janene Johnstone Penny Rarick
0
JJohnstone@kentwa.gov prarick@wtsc.wa.gov o
253-856-5951 360-725-9868 ext.
0
0
U
34. AUTHORITY TO SIGN
a�
The undersigned acknowledge that they are authorized to execute this Agreement and bind their o
N
respective agencies or entities to the obligations set forth herein. o
c
as
E
a�
a�
L
IN WITNESS WHEREOF, the parties have executed this Agreement. a
c
a�
0
L
City of Kent `
c
E
a
a e 12 of 17
Packet Pg. 20
4.C.a
0
0
.y
N
Signature E
0
U
A
r
Printed Name
0
L
_
Title w
_
Date
w
_
E
a�
a�
L
Q
WASHINGTON TRAFFIC SAFETY COMMISSION
_
a�
a�
0
L
_
Signature Q
0
r
L
Printed Name
0
r
_
Y
Title
N
O
N
L
0
Date
E
a�
a�
L
Q
V
_
L
Q�
_
_
Q�
V
Y
r
a
a e 13 of 17
Packet Pg. 21
4.C.a
0
c
0
.y
N
APPENDIX A E
0
U
Project Costs JT
U)
Year 1
L
DIRECT Indirect Cost Indirect Total a
BUDGET CATEGORY DESCRIPTION ,
�
AMOUNT Rate Amount Budget
0
Employee salaries and o
benefits $75,000.00 0% $0.00 $75,000.00
3
c
Travel $25,000.00 0% $0.00 $25,000.00
E
a�
Contract Services $0.00 0% $0.00 $0.00
Q
Goods and Services $75,000.00 0% $0.00 $75,000.00 c
as
Equipment $0.00 0% $0.00 $0.00 2-
0
.W
TOTAL $175,000.00 $0.00 $175,000.00 E
0
0
Employee and Salary: budget includes payment of the activities of the DUI Court Probation Officer(s).
0
Travel: U
• Travel for training events. Prior approval by assigned WTSC Program Manager required. o
r
c
Good and Services Y
• Service fees for electronic monitoring services (interlock services and other alcohol monitoring services N
• Drug and alcohol testing services and collection supplies. N
L
• Transportation expenses for participants to attend in person DUI Court proceedings and other activities 2
required as part of the DUI Court program. These expenses will be monitored closely by the grantee and
must be previously approved by the grantee managing this project before the expenses are incurred. E
• Service fees for relicensing services and other wraparound services ordered by the court, such as life s
trainings and sober living services. These services should be supplemental to the DUI Court program an(
requests for using WTSC funds for these services will be reviewed on a case-by-case basis. Preapprova
from assigned WTSC Program Manager needed.
• Expenses to conduct graduation, alumni, and mentoring events, such as recognition items and
refreshments.
• Interpreter and translation services.
• Program workbook printing and translation services E
a
page 14 of 17
Packet Pg. 22
4.C.a
0
c
0
• Substance use disorder assessment services. y
• Substance abuse counseling and mental health therapy services as ordered by the DUI Court. E
• Risk/Needs assessment fees to determine eligibility for DUI Court and to screen for ongoing participant o
needs; to include registration, user licensing, and cost(s) to administer the screening tool(s). L)
• Victim Impact Panel fees for DUI Court participants. T
• Participant workbooks assigned by the court. Un
• Items for kits to lend to participants to encourage and support exploration of sobriety-focused activities.
L
Important Notes: o
0
a�
1. Indirect cost rates are subject to change based on updated Indirect Rate Letters from a cognizant fede y
agency or approved cost allocation plans. If the indirect rate increases, the budget will be modified by
deducting the amount of the indirect rate increase from other budget categories so that the total budget d
not increase. 3
c
m
2. The total annual budget may not increase without a written amendment to this agreement executed by E
both parties.
a
3. Adjustments between budget categories within the same year can be made upon mutual agreement o-
contact for WTSC and the contact for the SUB-RECIPIENT.
0
L
d
O
Objectives and Measures
0
U
In
Goal 1 - Subrecipient's DUI Court will follow best practices defined by NCDC.
LO
N
O
Objective Objective Details Completion DE o
CD
Follow NCDC's 10 guiding principles for DWI WTSC requires all DUI Courts that receive E
Courts. WTSC funds to follow NCDC's 10 guiding 06/30/2025
principles for DWI Courts. Q
Attend NCDC training as needed so that the
DUI Court team is trained in DUI Court best 06/30/2025
practices.
c
Provide an interpreter at DUI Court
Provide interpreter services to non-English proceedings and probation meetings, as well E
a
page 15 of 17
Packet Pg. 23
4.C.a
0
c
0
speaking DUI Court participants. as the translation of DUI Court materials 06/30/2025 A
(handbook, flyers, etc). E
E
0
U
Provide substance abuse counseling and r
mental health therapy as recommended by the 06/30/2025
court. U)
0
Address transportation challenges unique to Provide bus vouchers or explore alternate
each participant. forms of transportation to include taxi and/or 06/30/2025 0
ride share services to participants.
0
Measure Reporting Type Targi
Frequency 3
c
a�
Number of trainings successfully completed by the Kent DUI Annual Process 1 E
Court team. L
a�
a
Number of Kent DUI Court team staff who successfully complete U
trainings in DUI Court implementation in FFY2025. Annual Process 8
0
L
d
Goal 2 - Increase the number of DUI Court participants by 25% by June 30, 2025. o
0
Objective Objective Details Completion DE
0
Expand access to DUI Court to DUI offenders c
Review screening, assessment, and referral who may not currently be eligible for the Y
processes each quarter to identify possible program, such as repeat DUI offenders who 06/30/2025 0
process improvements. opt for deferral on their 2nd or subsequent N
L
DUI. ,°
c
as
Gain support for DUI Court from judges, Expand and meet with stakeholder groups and E
prosecutors, defense attorneys, and probation foster support of this program-to include 06/30/2025 ;v
officers. invitations to graduation ceremonies. Q
c
a�
a�
Measure Reportingco
Type Targi
Frequency c
r
c
Number of DUI Court participants enrolled in the program. Quarterly Process 22
E
a
page 16 of 17
Packet Pg. 24
4.C.a
0
c
0
.y
Percentage change in number of DUI Court participants from Annual Outcome 25 'y
July 1, 2024 — June 30, 2025.
0
U
The number of external stakeholders (not on DUI Court team) Quarterly Process 2
met with. JT0
0
L
Goal 3 - Conduct drug and alcohol monitoring at least four times each month for all I
o I
Court participants.
Objective Objective Details Completion DE 3
.W
c
Conduct drug and alcohol screening of all DUI 06/30/2025 F
Court participants.
L
Q
Provide access to electronic monitoring >%
services for offenders that are not financially Abstinence is an important component of the
able to pay on their own. DUI Court model. Electronic monitoring
These electronic monitoring services may services are a great way to monitor a
include vehicle interlock services (such as participant's alcohol use. Kent DUI Court will 06/30/2025 c
develop criteria for what this looks like in o
Smart Start), continuous alcohol monitoring practice and provide information in quarterly c
services (such as SCRAM), or in home alcohol
monitoring services. reports.
0
0
U
Measure Reporting Type Targi
Frequency
Y
LO
Percentage of DUI Court participants who receive alcohol and cm
Quarterly Process 100 N
drug screening each month. L
0
Number of DUI Court participants who receive electronic a
monitoring services. Quarterly Process 3
L
Number of alcohol or drug positive tests. Quarterly Process 0 Q
c
a�
a�
0
L
E
V
Q
page 17 of 17
Packet Pg. 25
4.D
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: July 2, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: STEM & Career Connected Plan; MOU to Transfer
ARPA Funds for Plan's Implementation Tasks
SUMMARY: Chief Economic Development Officer Bill Ellis will present information
on the City of Kent - STEM (Science, Technology, Engineering & Mathematics) &
Career Connected Plan, and a Memorandum of Understanding to Transfer ARPA
(American Rescue Plan Act) Funds for the Plan's Implementation Tasks.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 26
4.E
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
Kurt Hanson, AICP, EDFP
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5454
DATE: July 2, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: INFO ONLY: Project Update - Mill Creek Middle School
Stormwater Improvement Project: Healthy Fields, Healthy
Community
SUMMARY: Chief Economic Development Officer Bill Ellis will provide the Council
with a project update on the Mill creek Middle School Stormwater Improvement
Project: Healthy Fields, Healthy Community.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
Packet Pg. 27
4.F
PARKS, RECREATION AND COMMUNITY SERVICES
DEPARTMENT
Julie Parascondola, CPRE, Director
•
KENT 220 Fourth Avenue South
WASHINGTON Kent, WA 98032
253-856-5100
DATE: July 2, 2024
TO: Kent City Council - Committee of the Whole
SUBJECT: Lake Meridian Playground Resurfacing Replacement Project -
Funds - Accept
MOTION: I move to accept grant funds in the amount of $100,000 from the
State Recreation and Conservation Office, amend the budget, authorize
expenditure of funds, and authorize the Mayor to sign all necessary
documents, subject to terms and conditions acceptable to the Parks
Director and City Attorney.
SUMMARY: In September of 2023, Park Planning staff applied for a maintenance
grant from the Washington State Recreation and Conservation Office for
replacement of the playground surfacing at Lake Meridian Park. Kent Ranked #7 out
of 157 applications and was awarded funding. These grant funds will be used for
resurfacing of the playground at Lake Meridian Park.
BUDGET IMPACT: Related expenses will be offset by the increase to the budget
related to the receipt of the grant funds.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. RCO Lake Meridian Grant (PDF)
Packet Pg. 28
WASHINGTON 57ATE RCO Grant Agreem
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:23-1552M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:
PARTIES OF THE AGREEMENT
This Recreation and Conservation Office Grant Agreement(Agreement)for the project identified above(Project) is entered
into between the State of Washington by and through the Recreation and Conservation Office(RCO), P.O. Box 40917,
Olympia, Washington 98504-0917, and City of Kent(Sponsor, and primary Sponsor), 220 Fourth Ave S, Kent,WA 98032- N
5895, and shall be binding on the agents and all persons acting by or through the parties. `0
t
.r
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that Q
expressly apply only to the primary Sponsor.
a�
Sponsor attests that prior to and during the Period of Performance, its Authorized Representative(s)/Agent(s)identified on the
original signed Applicant Resolution/Authorization has full authority to legally bind the Sponsor(s)regarding all matters related 0
to the Project, including but not limited to,full authority to: (1)sign the grant application for grant assistance, (2)enter into this r_
0
Agreement, including indemnification, (3)enter into amendments to this Agreement.Agreements and amendments must be
signed by the Authorized Representative/Agent(s)of all Sponsors, unless otherwise allowed in the AMENDMENTS TO
AGREEMENT Section. N
c
A. During the Period of Performance, a Sponsor may change its Authorized Representative/Agent only by providing the 0
U
RCO written notice of the change and identifying the new designee authorized to sign as Authorized
Representative/Agent. Unless and until such written notice is provided to RCO, RCO shall recognize only the person
initially identified as the Authorized Representative/Agent.
0
B. RCO reserves the right at any time to request, and Sponsor has the obligation to provide authorizations and
documents that demonstrate any signatory to this Agreement or an amendment has the authority to legally bind the
Sponsor.
a�
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act
as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). y
c
0
PURPOSE OF AGREEMENT c
This Agreement sets out the terms and conditions by which a Local Parks Maintenance Program grant is made from the y
General Fund State Account of the State of Washington. The grant is administered by the Recreation and Conservation Office
(RCO). ?�
r
O
DESCRIPTION OF PROJECT
The City of Kent will use this grant to replace the poured-in-place rubber surface and the artificial grass in the Lake Meridian
Park playground.The City will remove and replace the wear course of the poured in lace surface,which is peeling u in mar., i
p Y9 Y P p p P 9 p � U
places. The City will also replace the artificial turf on two play hills, which has many tears and is past its useful life.The primary D
recreational activity supported by this project is maintenance of outdoor recreation sites.
=a
L
PERIOD OF PERFORMANCE
m
The period of performance begins on July 1, 2024 (project start date)and ends on June 30, 2025 (project end date). No
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written _J
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any applicable RCO O
manuals as of the effective date of this Agreement.
The RCO has the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before the y
project end date E
t
U
0
r
r
STANDARD TERMS AND CONDITIONS INCORPORATED Q
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
LONG-TERM OBLIGATIONS
For this maintenance project,the Sponsor's ongoing obligations for the project area shall be for the period of performance of
this Agreement. For equipment purchased as part of the project, the Sponsor's ongoing obligation shall comply with the
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 29
4.F.a
Treatment of Equipment and Assets section and applicable RCO Manuals identified herein.
PROJECT FUNDING AND REIMBURSEMENT PERIOD(S)
The total grant award provided for this project shall not exceed $100,000.00.The RCO shall not pay any amount beyond that
approved for grant funding of the project.:
Percentage Dollar Amount Source of Funding
Office-Local Parks Mnt Multi-Tier 1 100.00% $100,000.00 State
Total Project Cost 100.00% $100,000.00
m
N
L
O
If this Grant Agreement's period of performance spans more than one state fiscal year(July 1 st through June 30th), Sponsor's
work performed in each fiscal year shall be reimbursed only with the funds available in that fiscal year. RCO shall not be Q
obligated to reimburse work performed in one single fiscal year with funds from another fiscal year.
a�
Grant funds that are not expended through a reimbursement request in one fiscal year(unused funds)shall not be carried over O
to the next fiscal year, and Sponsor has no right to these funds in the next fiscal year. Sponsor shall forfeit unspent grant
funds,which shall remain with RCO unless otherwise made available as part of an amended Agreement. p
7
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the o
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved V
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided,to the extent that information contained in
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the p
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of
L
the Standard Terms and Conditions.
m
a�
r
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement shall be effective unless c
set forth in writing and signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments
need only be signed by RCO's director or designee and consented to in writing (including email)by the Sponsor's Authorized
Representative/Agent or Sponsor's designated point of contact for the implementation of the Agreement(who may be a t
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. It is the
responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do so.
r
O
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
This Agreement, including any amendment thereto, is governed by, and the Sponsor shall comply with, all applicable state and
federal laws and regulations, applicable RCO manuals as identified below, Exhibits, and any applicable federal program and
accounting rules effective as of the date of this Agreement or as of the effective date of an amendment, unless otherwise 0
provided in the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an
amendment shall apply only prospectively and shall not require that an act previously done in compliance with existing
requirements be redone unless otherwise expressly stated in the amendment.
For the purposes of this Agreement, the following RCO manuals are deemed applicable and are incorporated as terms of this Y
Agreement:
• Local Parks Maintenance Grant-Manual 27 J
• Reimbursements-Manual 8 U
U
c
m
SPECIAL CONDITIONS E
t
For cultural resources compliance purposes,the sponsor has certified that the scope of work included within this Project meets
the conditions outlined in Manual 27 as a Multisite project that only includes Tier 1 activities, and that all maintenance activities Q
do not include ground disturbing actions or involve work on a historic-era structures.The sponsor must adhere to the standard
Inadvertent Discovery Protocols as outlined in this grant agreement.
None
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 30
4.F.a
AGREEMENT CONTACTS
The parties will provide all written communications and notices under this Agreement to either or both the mail address and/or
the email address listed below:
Sponsor Project Contact RCO Contact
Kerry OConnor Hayley Dalgetty
Outdoor Grants Manager
220 4th Ave S PO Box 40917
Kent,WA 98032 Olympia,WA 98504-0917
koconnor@kentwa.gov hayley.dalgetty@rco.wa.gov N
L
0
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Q
a�
ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No ther 0
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. r_
0
r
0
EFFECTIVE DATE m
Unless otherwise provided for in this Agreement,this Agreement,for Project 23-1552, shall become effective and binding on 0
the date signed by both the Sponsor's and the RCO's Authorized Representative/Agent, whichever is later(Effective Date). V
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
c
PERFORMANCE Section are allowed only when this Agreement is fully executed, and an original is received by RCO.
c
0
The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement
and the STANDARD TERMS AND CONDITIONS OF THE RCO GRANT AGREEMENT.The signatories listed below
represent and warrant their authority to bind the parties to this Agreement.
City of Kent
0
r
By: Date: N
c
0
Name(printed):
c
t
Title:
r
O
State of Washington Recreation and Conservation Office
0
L
By: Date: 0
Megan Duffy
Director
Recreation and Conservation Office
m
Pre-approved as to form: J
By: Date: 10/26/2023
Assistant Attorney General
t
U
0
r
r
Q
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 31
A WASWNGTDN STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1552M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:
Eligible Scope Activities
N
ELIGIBLE SCOPE ACTIVITIES `O
t
.r
3
Maintenance Metrics Q
a�
Worksite#1, Lake Meridian Playground U
O
Recreational Facility Maintenance c
O
Perform Recreational Facility Maintenance
m
c
O
U
c
R
c
O
r
R
d
i
v
O
w
O
R
C
O
r.+
Q1
C
t
N
O
C
R
,L^
V
L
C�
G
Y
R
J
kk 0
U
w
c
O
E
t
v
r
r
Q
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 32
.� WASWNGTDN STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1552M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:
Project Milestones
N
PROJECT MILESTONE REPORT `0
t
Complete Milestone Target Date Comments/Description 3
Project Start 07/01/2024 Q
X Cultural Resources Complete 07/31/2024 Inadvertent Discovery Plan submitted a�
Progress Report Due 10/31/2024
Annual Project Billing Due 12/31/2024 O
Progress Report Due 02/28/2025 0
Agreement End Date 06/30/2025
Final Billing Due 08/15/2025
Final Report Due 08/15/2025
0
U
Note: If the project is approved for and receives year two funding, RCO will amend the agreement and add new c
milestones for spending the new money. 1°
c
0
0
as
L
V
N�
I.L
r
Ir
N
O
a+
C
R
'L^
V
L
C�
G
d
J
O
U
c
m
E
t
v
r
r
Q
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 33
.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:23-1552M
Project Title: Lake Meridian Playground Surfacing Replacement Approval Date:
Standard Terms and Conditions of the Recreation and
Conservation Office N
'L
0
0
Table of Contents a
a�
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................7
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................7 O
PERFORMANCE BY THE SPONSOR..........................................................................................................................................9 r-
0
ASSIGNMENT...............................................................................................................................................................................9 r
RESPONSIBILITY FOR PROJECT.............................................................................................................................................10 f°
INDEMNIFICATION.....................................................................................................................................................................10 m
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................10 c
CONFLICT OF INTEREST..........................................................................................................................................................11 0
U
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................11
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................11
RECORDS...................................................................................................................................................................................12
PROJECTFUNDING...................................................................................................................................................................13 .o
PROJECTREIMBURSEMENTS.................................................................................................................................................13
RECOVERYOF PAYMENTS......................................................................................................................................................13
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................14 (D
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................14
PROCUREMENT REQUIREMENTS...........................................................................................................................................14
cu
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................15
RIGHT OF INSPECTION.............................................................................................................................................................15 r-
PREFERENCES FOR RESIDENTS............................................................................................................................................15 w
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS ..........15
ORDEROF PRECEDENCE........................................................................................................................................................16 t
LIMITATION OF AUTHORITY.....................................................................................................................................................16 N
�a
WAIVEROF DEFAULT...............................................................................................................................................................16
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................16
SPECIFIC PERFORMANCE.......................................................................................................................................................16
TERMINATION AND SUSPENSION...........................................................................................................................................17
DISPUTEHEARING....................................................................................................................................................................18 ..
ATTORNEYS' FEES....................................................................................................................................................................18
GOVERNING LAW/VENUE.........................................................................................................................................................18 L
O
SEVERABILITY...........................................................................................................................................................................18 =
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................18 CU
'L
C�
G
Y
R
J
O
U
d'
c
E
t
v
r
r
Q
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 34
4.F.a
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 12/26/2023.
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the version current on the effective date of this Agreement or the
effective date of any amendment thereto.
N
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of `0
this Agreement.
Q
C. Definitions.As used throughout the Agreement,the following terms shall have the meaning set forth below(Note: not
all defined terms may be present in a particular Agreement): 4)
Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT" 0
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and r-
0
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement
subject to any limitations on their effect under this Agreement. N
c
applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, 0
U
subject(if applicable)to substitution of the"RCO director"for the term"board"in those manuals where the project is
not approved by or funded by the referenced board, or a predecessor to the board.
c
applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their 0
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the"RCO director"for the term"board"or"agency" in those cases where the RCO has
contracted to or been delegated to administer the grant program in question. 4)
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility standards/eligibility requirements for 0
�
the grant application or request for funds in question, and who has submitted an application to RCO requesting grant y
funds. c
0
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application" in the RCO's automated project t
information system, and other documents as noted on the application checklist including but not limited to legal
opinions, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) c
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature.This person
has the signature authority to bind the Sponsor to this Agreement, grant, and project. +,
c
0
C.F.R.—Code of Federal Regulations 0
c
completed project or project completion—The status of a project when all the following have occurred:
• The grant funded project has been inspected by the RCO, if applicable a
• The RCO has determined that the project has been completed satisfactorily. 4)
• A final project report is submitted to and accepted by RCO. m
• Any amendments to the Agreement required by RCO have been executed by the Sponsor and RCO and Y
c�
have been delivered to RCO. —J
• A final reimbursement request has been delivered to and paid by RCO. 0
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply).
c
m
E
contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement. 0
r
Q
Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
director—The chief executive officer of the Recreation and Conservation Office or that person's designee.
effective date—The date when the Agreement is signed by both the Sponsor's and the RCO's Authorized
Representative/Agent,whichever is later.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 35
4.F.a
equipment—Tangible personal property(including information technology systems) having a useful service life of
more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)).
funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington
State Salmon Recovery Funding Board, or both as may apply.
Funding Entity—the entity that approves the project that is the subject to this Agreement.
grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category m
within a larger grant program, or a federal source. N
L
O
long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply. Q
landowner agreement—An agreement that is required between a Sponsor and landowner for projects located on
land not owned, or otherwise controlled, by the Sponsor.
O
maintenance project—A project that maintains existing areas and facilities through repairs and upkeep for the o
benefit of outdoor recreation.
maintenance and operation—A project that maintains and operates existing areas and facilities through repairs,
upkeep, and routine services for the benefit of outdoor recreationists. c
U
match or matching share—The portion of the total project cost provided by the Sponsor.
c
milestone—An important event with a defined date to track an activity related to implementation of a funded project c
and monitor significant stages of project accomplishment. O
a�
Office—Means the Recreation and Conservation Office or RCO.
m
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal �
aD
program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity.
r
period of performance—The period beginning on the project start date and ending on the project end date. o
0
pre-agreement cost—A project cost incurred before the period of performance. c
t
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement M
as the entity to which RCO grants funds to and authorizes and requires to administer the grant.Administration
includes but is not limited to acting as the fiscal agent for the grant(e.g., requesting and accepting reimbursements, r
submitting reports).A Primary Sponsor includes its officers, employees, agents and successors.
0
y
Project—The undertaking identified on the first page of the Agreement that is funded by this Agreement either in +,
whole or in part with funds administered by RCO.
'L^
V
project area-A geographic area that delineates a grant assisted site which is subject to project agreement
requirements. f°
=a
L
project completion or completed project—The status of a project when all of the following have occurred: a)
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
m
work to implement the project have been completed satisfactorily. Y
c�
• A final project report is submitted to and accepted by RCO. _J
• Any amendments to the Agreement required by RCO have been entered by the Sponsor and RCO and have 0
been delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO. ;
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply). E
t
U
r
project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary Q
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally
funded projects).
project end date—The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date—The specific date identified in the Agreement on which the period of performance starts.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 36
4.F.a
RCFB—Recreation and Conservation Funding Board
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this
Agreement. RCO includes the director and staff.
RCW—Revised Code of Washington
reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the
Sponsor per the terms of the Agreement.
m
renovation project—A project intended to improve an existing site or structure in order to increase its useful service N
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for `0
its originally expected useful service life.
Q
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may
be the fiscal agent for the project.
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement. O
r_
0
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person,
etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This
person has the signature authority to bind the Sponsor to this Agreement,grant, and project. m
c
subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to U
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward c
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers o
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying M
a�
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the m
Project Funding Section. �
aD
r
0
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal y
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal o
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a
recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this c
Agreement is a federal subaward,the Sponsor is the subrecipient. y
tribal consultation—Outreach and consultation with one or more federally recognized tribes(or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected r
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes
responding to any request from such tribes and considering tribal recommendations for project implementation,which +,
may include not proceeding with parts of the project, altering the project concept and design, relocating the project, or
not implementing the project.Tribal consultation does not affect RCO's final approval authority for project proposals.
c
useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the f°
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
a�
WAC—Washington Administrative Code.
m
c�
J
PERFORMANCE BY THE SPONSOR O
U
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this m
reference as if fully set forth herein. t
U
Timely completion of the project and submission of required documents, including progress and final reports, is important.
r
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. Q
ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without
prior written approval of the RCO. Sponsor shall not sell, give, or otherwise assign to another party any property right, or alter
a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 37
4.F.a
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement,the project itself remains the sole responsibility of
the Sponsor.The RCO and Funding Entity(if different from the RCO)undertakes no responsibilities to the Sponsor, or to any
third party, other than as is expressly set out in this Agreement.
The Sponsor has sole responsibility to implement the project and for any claim or suit of any nature by any third party related
in any way to the project.When a project has more than one Sponsor, any and all Sponsors are equally responsible for the
project and all post-completion stewardship responsibilities and long-term obligations unless otherwise stated in this
Agreement.
m
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or L
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, 0
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor 0
and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any Q
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay aD
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the V
project apparently is proceeding or has been completed in accordance with the Agreement.
0
0
INDEMNIFICATION
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or
suits at law or equity(however denominated)arising in whole or in part from the actual or alleged acts, errors, omissions or
negligence in connection with this Agreement(including without limitation all work or activities thereunder), or the breach of 0
any obligation under this Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or V
vendors, of any tier, or any other persons for whom the Sponsor may be legally liable. Provided, however,that Sponsor is not
required to defend or indemnify the State against and hold harmless the State from claims, demands or suits based upon the 0
sole negligence of the State, its employees and/or agents for whom the State is vicariously liable. Provided,further,that if the 0
claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the Sponsor's agents or c
employees, and (b)the State, or its employees or agents,the Sponsor's indemnity obligation shall be valid and enforceable
only to the extent of the Sponsor's negligence or its agents, or employees.
As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the N
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of 0
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, 0
.r
any claims by Sponsor's employees directly against Sponsor.
0
t
Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of
any tier shall require that the contracting entity indemnify, defend,waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor. This shall not apply to a contractor or subcontractor donating its services to the
project without compensation or other substantial consideration.
0
v
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims,
demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any 0
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of W
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or 'a
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not a)
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, M
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and Y
employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and f°
J
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for 0
whom the Sponsor may be legally liable. U
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils,
committees, divisions, bureaus, offices, societies, or other entities of state government. m
E
t
U
0
INDEPENDENT CAPACITY OF THE SPONSOR Q
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO
or Funding Entity. The Sponsor will not hold itself out as nor claim to be an officer, employee or agent of the RCO or the
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would
accrue to an employee under RCW 41.06.
The Sponsor is responsible for withholding and/or paying employment taxes, other taxes, insurance, or deductions of any kind
required by federal, state, and/or local laws.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 38
4.F.a
CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation
of the Ethics in Public Service Act, RCW 42.52; or any similar statute involving the Sponsor in the procurement of, or
performance under,this Agreement. In the event this Agreement is terminated as provided in this paragraph, RCO shall be
entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the
Sponsor. The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other
rights and remedies provided by law or this Agreement.
m
N
COMPLIANCE WITH APPLICABLE LAW L
0
In performing it obligations under the Agreement, the Sponsor shall comply with all applicable federal, state, and local laws
.I..
(including without limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any 0
limitation as to other applicable laws,the following laws: Q
a�
A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination
laws and/or policies, including but not limited to:the Americans with Disabilities Act; Civil Rights Act; and the Age O
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with o
any nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the 0
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." V
c
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for religious activities,worship, or
c
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or 0
instruction may be a minor use of the grant supported recreation and conservation land or facility. Provided, however, c
that this restriction shall be based on an analysis of the use of the funds, not the identity or affiliation of the Sponsor.
m
C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the
United States and the State of Washington or other jurisdiction affecting wages and job safety.The Sponsor agrees,
that when state prevailing wage laws(RCW 39.12)are applicable, to comply with such laws,to pay the prevailing rate
of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a 0
statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required 0
.r
by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
c
Washington State Department of Labor and Industries.
N
1) Pursuant to RCW 39.12.040(1)(a), all contractors and subcontractors shall submit to Sponsor a statement of
intent to pay prevailing wages if the need to pay prevailing wages is required by law. If a contractor or
subcontractor intends to pay other than prevailing wages, it must provide the Sponsor with an affirmative
statement of the contractor's or subcontractor's intent. Unless required by law, the Sponsor is not required to
investigate a statement regarding prevailing wage provided by a contractor or subcontractor.
c
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and
recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation, O
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to c0a
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature. Y
c�
J
E. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that neither it nor its O
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared L)
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries.
Further,the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
that is on Washington State Department of Labor and Industries' "Debarred Contractor List." m
E
t
U
0
ARCHAEOLOGICAL AND CULTURAL RESOURCES Q
A. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and
cultural resources.
B. Compliance and Indemnification.At all times,the Sponsor shall take reasonable action to avoid, minimize, or
mitigate adverse effects to archaeological and historic resources in the project area, and comply with any RCO
direction for such minimization and mitigation.All federal or state cultural resources requirements under Governor's
Executive Order 21-02 and the National Historic Preservation Act, and the State Environmental Policy Act and the
National Environmental Policy Act, and any local laws that may apply, must be completed prior to the start of any
RCO: 23-1552 Revision Date: 10/26/2023 rn
Packet Pg. 39
4.F.a
work on the project site. The Sponsor must agree to indemnify and hold harmless the State of Washington in relation
to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the project funded
under this Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other
applicable local, state, and federal laws protecting cultural resources and human remains.
C. The Sponsor shall be provided and be bound by the RCO Inadvertent Discovery Plan, and:
1) Keep the IDP at the project site.
2) Make the IDP readily available to anyone working at the project site. m
N
3) Discuss the IDP with staff and contractors working at the project site. 0
.r
4) Implement the IDP when cultural resources or human remains are found at the project site. Q
D. Discovery
1) If any archaeological or historic resources are found while conducting work under this Agreement, the O
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic 0
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further
disturbance to the archeological or historic resources.
m
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately c
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then V
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State
provides a new notice to proceed. c
0
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by 0
a�
RCO or the Department of Archaeology and Historic Preservation (DAHP).
m
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
a�
make a determination of whether those remains are forensic or non-forensic. If the county medical
examiner/coroner determines the remains are non-forensic,then they will report that finding to the y
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over o
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non- c
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and 0
disposition of the remains.
r
O
RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded
project site in a format specified by the RCO.
O
B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records
relating to this Agreement and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit Y
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or ca
audit findings involving the records have been resolved. J
O
U
C. Access to Records and Data.At no additional cost to RCO,the records relating to the Agreement, including W
materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by
RCO, personnel duly authorized by RCO,the Office of the State Auditor, and/or federal and state officials so
authorized by law, regulation or agreement. This includes access to all information that supports the costs submitted t
for payment under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including U
computer models and methodology for those models. r
Q
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO
administers public records requests per WAC 286-06 and 420-04 (which ever applies).Additionally,the Sponsor
agrees to disclose any information in regards to the expenditure of that funding as if the project sponsor were subject
to the requirements of chapter 42.56 RCW. By submitting any record to the State, Sponsor understands that the State
may be requested to disclose or copy that record under the state public records law, currently codified at RCW 42.56.
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy
such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State
RCO: 23-1552 Revision Date: 10/26/2023 rn
Packet Pg. 40
4.F.a
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims.
PROJECT FUNDING
A. State Operating Budget. Grant funds for this Grant/Agreement derive from the State's Operating Budget. Sponsor
shall comply with state rules that direct, and in some cases restrict,the use of such funds for work performed per this
Agreement. Sponsor shall follow RCO's direction on what activities Sponsor performs per this Agreement because of
Operating Budget rules and requirements. N
.L
B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount 0
as identified in this Agreement nor for activities that do not occur in the fiscal year in which funds are available unless Q
an additional amount has been approved in advance by the RCO director and incorporated by written amendment
into this Agreement.
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date O
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a r_
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this 0
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement M
may be reduced as necessary to exclude any such expenditure from reimbursement.
D. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance 0
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity V
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such
expenditure from participation. 0
c
0
0
PROJECT REIMBURSEMENTS
Reimbursement Basis(also see PROJECT FUNDING AND REIMBURSEMENT PERIOD(S)section) 0
A. This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,whichever has been
r
designated to apply. Only the primary Sponsor may request reimbursement for eligible and allowable costs incurred y
during the period of performance.The primary Sponsor may request reimbursement only after(1)this Agreement has c
been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will authorize disbursement of 0
project funds only on a reimbursable basis at the percentage as defined in the PROJECT FUNDING Section.
Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a donation used as part t
of its matching share. RCO does not reimburse for donations.All reimbursement requests must include proper
documentation of expenditures as required by RCO.
B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO, c
at a minimum for each project at least once a year and only for reimbursable activities occurring in the same fiscal
year(July 1 st through June 30th)or as identified in the milestones. Sponsors must refer to the PROJECT FUNDING +,
AND REIMBURSEMENT PERIOD(S)section and the most recent applicable RCO manuals and this Agreement
0
regarding reimbursement requirements.Where conflicts exist between this Agreement and RCO Manual 8,this 0
Agreement shall prevail.
C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly
L
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
m
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the _J
grant to the Sponsor until the following has occurred: p
U
1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld.
c
2) On-site signs are in place(if applicable);Any other required documents and media are complete and
submitted to RCO; Grant related fiscal transactions are complete. t
U
0
r
r
Q
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in
accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to
recover grant award funds in the amount equivalent to the extent of noncompliance, in addition to any other remedies
available at law or in equity.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 41
4.F.a
B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO,the payment shall be due
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of
RCO, it shall be due and owing 30 days after demand by RCO for refund.
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an N
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or o
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the t
event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant Q
funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's
discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such a)
commission, percentage, brokerage or contingent fee. .2
O
INCOME(AND FEES)AND USE OF INCOME O
r
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
m
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with c
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
U
B. Use of Income.Subject to any limitations contained in applicable state or federal law, any needed approvals of RCO,
and applicable rules and policies, income or fees generated at a project work site (including entrance, utility corridor
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets O
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset:
L
V
1) The Sponsor's matching resources; W
2 The 'j roects total cost;
p �
r
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program c
assisted by the grant funding; 0
c
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the t
Sponsor's system;
5) Capital expenses for similar acquisition and/or development and renovation; and/or
r
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
renovated, or restored and shall be consistent with the: 0
c
1) Grant program laws, rules, and applicable manuals;
'L
2) Value of any service(s)furnished; 4)
3) Value of any opportunities furnished; and
c�
J
4) Prevailing range of public fees in the state for the activity involved. p
U
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows E
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and U
retained. If no such process exists, the Sponsor must follow these minimum procedures: r
Q
1) Publish a notice to the public requesting bids/proposals for the project;
2) Specify in the notice the date for submittal of bids/proposals;
3) Specify in the notice the general procedure and criteria for selection; and
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 42
4.F.a
4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be
repeated until a suitable bid is selected.
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity,
sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer.
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be C
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the N
above minimum procedure where state or federal procedures do not apply. 0
.r
Q
TREATMENT OF EQUIPMENT AND ASSETS '
a�
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the
applicable manuals, or approved by RCO in writing. 0
r_
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the 0
duration of the project, or as allowed by this Agreement and applicable RCO Manuals.When the Sponsor
discontinues use of the equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver
the equipment to RCO, or to dispose of the equipment according to RCO published policies.
0
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. V
c
RIGHT OF INSPECTION 0
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to 0
inspect and access lands acquired or developed with this funding assistance.
r
c
PREFERENCES FOR RESIDENTS 0
0)
Sponsors shall not express a preference for users of grant assisted project sites on the basis of residence(including
preferential reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees y
may be maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents.
Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that ?�
would be imposed on residents at comparable state or local public facilities.
0
v
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS
The following provisions shall be in force:
O
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the c0a
assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained
according to applicable regulations, laws, building codes, and health and public safety standards to assure a a)
reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the
same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or Y
employ or train staff for that purpose.
O
1) Change orders that impact the amount of funding or changes to the scope of the project as described to and U
approved by the RCO must receive prior written approval of the RCO.
c
B. Control and Tenure.At the request of RCO,the Sponsor must provide documentation that shows appropriate tenure m
and term (such as long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, t
or landowner agreement or interagency agreement for the land proposed for construction, renovation, or restoration, U
or maintenance. The documentation must meet current RCO requirements identified in this Agreement as of the Q
effective date of this Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by
the RCO.
C. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include
"Integrated Streambank Protection Guidelines", 2002; "Land Use Planning for Salmon, Steelhead and Trout:A land
use planner's guide to salmonid habitat protection and recovery", 2009", "Protecting Nearshore Habitat and Functions
in Puget Sound", 2010; "Stream Habitat Restoration Guidelines", 2012; "Water Crossing Design Guidelines", 2013;
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 43
4.F.a
and "Marine Shoreline Design Guidelines", 2014.These documents, along with new and updated guidance
documents, and other information are available on the AHG Web site. Sponsors are also encouraged to use best
management practices developed by the Washington Invasive Species Council (WISC)described in"Reducing
Accidental Introductions of Invasive Species"which is available on the WISC Web site.
D. Safety and Risk.At no time shall the Sponsor design, construct, or operate this grant funded project in a way that
unreasonably puts the public, itself, or others at risk of injury or property damage.The Sponsor agrees and
acknowledges that the Sponsor is solely responsible for safety and risk associated with the project, that RCO does
not have expertise, capacity, or a mission to review, monitor, or inspect for safety and risk, that no expectation exists
that RCO will do so, and that RCO is in no way responsible for any risks associated with the project.
N
.L
0
ORDER OF PRECEDENCE t
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The Q
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict
between the terms of this Agreement and any applicable statute, rule, or policy or procedure,the conflict shall be resolved by
giving precedence in the following order: O
A. Federal law and binding executive orders; 0
B. Code of federal regulations; �
C. Terms and conditions of a grant award to the state from the federal government; 0
U
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
c
0
E. State Constitution, RCW, and WAC;
a�
L
F. Agreement Terms and Conditions and
m
G. Applicable Manuals; 0
r
_ 0
r
H. Applicable deed restrictions, and/or governing docu nt N
c
0
a�
LIMITATION OF AUTHORITY
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment,
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written
amendment to this Agreement and signed by the RCO Director or delegate. c
v
WAIVER OF DEFAULT
0
L
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the U
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's :a
designee, and attached as an amendment to the original Agreement.
m
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH cYa
J
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to O
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the L)
application is presumed to be material and to have been relied upon, and may be deemed a breach of this Agreement at
RCO's sole discretion.
m
E
t
SPECIFIC PERFORMANCE
r
RCO may, at its sole discretion, enforce this Agreement by the remedy of specific performance,which means Sponsor's Q
completion of the project and/or its completion of long-term obligations as described in this Agreement. However,the remedy
of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the RCO shall be
deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment
of the grant amount paid and damages.
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 44
4.F.a
TERMINATION AND SUSPENSION
The RCO requires strict compliance by the Sponsor with all the terms of this Agreement including, but not limited to,the
requirements of the applicable statutes, rules, and RCO policies, and with the representations of the Sponsor in its application
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as
updated).
A. For Cause.
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
Agreement: N
'L
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; 0
.r
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the Q
project by the completion date set out in this Agreement. Included in progress is adherence to a)
milestones and other defined deadlines; or
c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed 0
to implement the project; 0
r
2) Prior to termination,the RCO shall notify the Sponsor in writing of the opportunity to cure. If corrective action
is not taken within 30 days or such other time period that the director approves in writing, the Agreement may
be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as 0
authorized by law and/or this Agreement. U
c
3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
a�
B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms ar
of this Agreement prior to the effective date of termination.A claimed termination for cause shall be deemed to be a
"Termination for Convenience"if it is determined that: N
c
0
1) The Sponsor was not in default; or
c
2) Failure to perform was outside Sponsor's control,fault or negligence. y
C. Rights and Remedies of the RCO.
r
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any c
other rights and remedies provided by law.
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid i
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the 0
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable :a
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation.
m
D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under _J
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO O
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the W
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. y
Termination of the Agreement under this section is not subject to appeal by the Sponsor. ;_
t
U
1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon r
the state appropriating state and federal funding each biennium. In the event the state is unable to Q
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement,with ten (10)days written notice, until such time funds are appropriated. Suspension will mean
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides
notice to continue work.
2) No Waiver.The failure or neglect of RCO to require strict compliance with any term of this Agreement or to
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
RCO: 23-1552 Revision Date: 10/26/2023 rn
Packet Pg. 45
4.F.a
and regulations.
DISPUTE HEARING
Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's
request for a dispute hearing must be in writing and clearly state:
A. The disputed issues;
m
N
B. The relative positions of the parties; o
t
C. The Sponsor's name, address, project title, and the assigned project number. Q
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three .2
persons; one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the two O
persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be r_
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed, and they shall agree on 0
a third person. This process shall be repeated until a three-person panel is established. M
Any hearing under this section shall be informal,with the specific processes to be set by the disputes panel according to the
nature and complexity of the issues involved.The process will be solely based on written material if the parties so request or if 0
so directed by the disputes panel.The disputes panel shall be governed by the provisions of this Agreement in deciding the V
disputes.
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is 0
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
a�
L
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request
m
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position W
of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of a)
r
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the
receiving party of the request. N
c
0
All costs associated with the implementation of this process shall be shared equally by the parties. 0)
c
Y
N
ATTORNEYS' FEES 3.1
M
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys'fees. c
v
GOVERNING LAWIVENUE M
0
L
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a O
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where :a
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
of Washington and agrees to venue as set forth above.
m
c�
SEVERABILITY J
O
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason L)
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
c
m
END OF STANDARD TERMS AND CONDITIONS t
U
This is the end of the Standard Terms and Conditions of the Agreement. 0
r
Q
RCO: 23-1552 Revision Date: 10/26/2023
Packet Pg. 46