HomeMy WebLinkAboutCity Council Meeting - Council - Regular Agenda - 11/21/2023 ^*4
KENT CITY COUNCIL AGENDA
• Tuesday, November 21, 2023
KENT 7:00 PM
WASH I NGTON
Chambers
A live broadcast is available on Kent TV21,
www.facebook.com/CityofKent, and
www.youtube.com/user/KentTV21
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID: 861 7848 7178
Passcode: 354997
Join the meeting
Mayor Dana Ralph
Council President Bill Boyce
Councilmember Brenda Fincher Councilmember Toni Troutner
Councilmember Satwinder Kaur Councilmember Les Thomas
Councilmember Marli Larimer Councilmember Zandria Michaud
**************************************************************
COUNCIL MEETING AGENDA - 7 P.M.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. AGENDA APPROVAL
Changes from Council, Administration, or Staff.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
i. Proclamation for Arbor Day
ii. Proclamation for Native American Indian Heritage Month
iii. Proclamation for Small Business Saturday
iv. Presentation of Giving Campaign Proceeds to Children's Therapy
Center
V. Appointments to Kent's Diversity, Equity, Inclusion and Belonging
Board
City Council Meeting City Council Regular Meeting November 21, 2023
B. Community Events
S. REPORTS FROM COUNCIL AND STAFF
A. Mayor Ralph's Report
B. Chief Administrative Officer's Report
C. Councilmembers' Reports
6. PUBLIC HEARING
7. PUBLIC COMMENT
The Public Comment period is your opportunity to speak to the Council and Mayor on issues
that relate to the city of Kent or to agenda items Council will consider. This is not an open
public forum and comments that do not relate to the business of the city of Kent are not
permitted. Additionally, the state of Washington strictly prohibits people from using this public
comment opportunity for political campaign purposes, including to support or oppose a ballot
measure or any candidate for public office. Speakers may not give political campaign speeches
but must instead speak concerning a matter on the City Council's agenda or matters
concerning the general business of the City of Kent. Further, in providing public comment,
speakers must address the Mayor and Council as a whole; remarks intended to target an
individual on the dais are not permitted. Finally, please note that this public comment
opportunity is for you to provide information to the Mayor and City Council that you would like
us to consider, but we will not be able to answer questions during the meeting itself.
The City Clerk will announce each speaker. When called to speak, please step up to the
podium, state your name and city of residence for the record, and then state your comments.
You will have up to three minutes to provide comment.
Public Comment may be provided orally at the meeting, or submitted in writing, either by
emailing the City Clerk by 4 p.m. on the day of the meeting at CityClerkcdkentwa.gov or
delivering the writing to the City Clerk at the meeting. If you will have difficulty attending the
meeting by reason of disability, limited mobility, or any other reason that makes physical
attendance difficult, and need accommodation in order to provide oral comment remotely,
please contact the City Clerk by 4 p.m. on the day of the meeting at 253-856-5725 or
CityClerkCDkentwa.gov.
Alternatively, you may email the Mayor and Council at MayorpKentWA._gov and
CityCounci10KentWA..ocovv. Emails are not read into the record.
8. CONSENT CALENDAR
A. Approval of Minutes
1. City Council Meeting - City Council Regular Meeting - Nov 7, 2023 5:00
PM
B. Payment of Bills - Approve
C. Appointments to Kent's Diversity, Equity, Inclusion and Belonging Board -
Appoint
D. Amendment to Consultant Services Agreement between the City of Kent
and Robert Half International, Inc. - Authorize
City Council Meeting City Council Regular Meeting November 21, 2023
E. Settlement Agreement with Pacific Power Group and Yaculta Companies -
Authorize
F. Washington State Department of Commerce East Hill North Community
Park Grant 2021 - Authorize
G. Washington State Department of Commerce East Hill North Community
Park Grant 2023 - Authorize
H. Washington Recreation and Conservation Office Ruth Property Acquisition
Grant- Authorize
I. Washington Recreation and Conservation Office Grant - Upper Mill Creek -
Mendel Acquisition - Authorize
J. Washington Recreation and Conservation Office Grant - Springwood Park -
Authorize
K. Goods and Services Agreement with Univar USA, Inc for Water Treatment
Chemical Supply for 2024 - Authorize
L. Accept the South 212th Street Preservation (Green River Bridge to Orillia
Road/Kent City Limits) Project as Complete - Authorize
M. Accept the 2023 Railroad Quiet Zone - BNSF Railroad Trespass Fencing
Project as Complete - Authorize
N. Ordinance Amending Chapter 3.70 of the Kent City Code Relating to
Public Contracting and Procurement - Adopt
O. Ordinance Consolidating Budget Adjustments between July 1, 2023 and
September 30, 2023 - Adopt
P. 2024 Legislative Agenda - Adopt
Q. Ordinance Amending the Capital Facilities Element of the City's
Comprehensive Plan - Adopt
R. Ordinance Amending Kent City Code Chapters 12.13 and 12.15 relating to
School and Fire Impact Fees - Adopt
S. Ordinance Adopting the 2023 Tax Levy for the 2024 Budget - Adopt
T. Ordinance Adopting the 2024 Mid Biennium Budget Adjustments - Adopt
U. Verizon Wireless - Federal General Services Administration (GSA) Supply
Contract - Authorize
V. Excused Absence for Councilmember Michaud - Approve
9. OTHER BUSINESS
10. BIDS
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
12. ADJOURNMENT
City Council Meeting City Council Regular Meeting November 21, 2023
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
PROCLAMATION
WHEREAS, Arbor Day was established in 1872; and
WHEREAS, the city of Kent recognizes the value of trees in making the city
environmentally sound and aesthetically pleasing, which
promotes good business and a sense of community; and
WHEREAS, the city of Kent established a "Tree Ordinance" and a tree
maintenance crew for the purpose of maintaining, protecting, and
regulating street trees for beautification of the city; and 0
r
WHEREAS, in recognition of its commitment to trees and the environment, 0
the city of Kent has been named Tree City USA by the National
Arbor Foundation every year since 2003, making this our 21st 2
anniversary; and
a
WHEREAS, the city of Kent continues to engage the community through o
annual volunteer events that beautify and conserve valuable trees o
and natural areas in parks; and a
L
WHEREAS, 2023 marks Kent's 133nd year as an incorporated city; 0
0
r
E
NOW, THEREFORE, I, DANA RALPH, MAYOR OF KENT, DO HEREBY
PROCLAIM November 7, 2023, TO BE o
a
c
Arbor Day °
in Kent, Washington, and I encourage all residents to consider planting or
caring for a tree on their property, to take a moment to enjoy the trees in our E
local parks, and to appreciate the beautiful green open spaces and forests that
we enjoy here in the Northwest. I thank everyone who joined the Arbor Day
planting and environmental restoration efforts at Morrill Meadows Park on
Saturday, November 4th.
In witness whereof, I have hereunto set my hand this 21st day of November,
2023.
NT a�
� Mayor D� Ralph
K
W A S H I N G T O N
Packet Pg. 5
4.A.2
PROCLAMATION
WHEREAS, Native American Heritage Month is recognized annually to honor
Indigenous cultures, histories, traditions, art, and achievements; and
WHEREAS, in the face of broken treaties, violent displacement, and genocide, c
Native Americans have persevered and continued with remarkable °
:r
strength, resistance, resilience, and self-determination; and E
0
WHEREAS, Native Americans, including local Muckleshoot, Duwamish and many
others have been protectors and stewards of our natural resources and c,
environment since time immemorial; and
a
WHEREAS, the City of Kent values the many contributions made to society by Native
people in technology, science, philosophy, the arts; and especially our
local Indigenous volunteers and leaders; and G
WHEREAS, the City of Kent recognizes that we must work to combat the impacts of
discrimination and racist policies on Native people, past and present,
and eliminate inequities stemming from colonization; and =
c
WHEREAS, Native American Awareness Week began in 1976 and recognition was f°
expanded by Congress and approved by President George Bush in c
August 1990, designating the month of November as National American
Indian Heritage Month;
a�
NOW, THEREFORE, I, Dana Ralph, Mayor of Kent, do hereby proclaim E
November 2023 as
z
Native American Indian Heritage Month
0
In Kent Washington and encourage all residents, as well as our elected
representatives, to recognize and commemorate the important contributions that E
Native American people have made to our country and communities. c
L
In witness whereof, I have hereunto set my hand this 21st day of November, 2023. a
H
0
E
Mayor Dana alph U
KENT
WASHINGTON
Packet Pg. 6
4.A.3
PROCLAMATION
WHEREAS, the City of Kent celebrates our local small businesses and the
contributions they make to our local economy and community; and
WHEREAS, according to the United States Small Business Administration, there are
32.5 million small businesses in the United States and small businesses
make up a significant portion of Kent's downtown core; and
c
WHEREAS, over 95 percent of Kent's businesses have less than 100 employees yet °
r
comprise 62 percent of our community's jobs; and
0
U
WHEREAS, two-thirds of Kent's businesses employ less than 10 people; and
WHEREAS, consumers who shop on Small Business Saturday® agree that shopping
at small, independently-owned businesses supports their commitment a
to making purchases that have a positive social, economic, and
environmental impact and agree that small businesses are essential to
their community; and
c�
WHEREAS, most consumers who shop on Small Business Saturday report the day
makes them want to shop or eat at small, independently-owned
businesses all year long, not just during the holiday season; and N
WHEREAS, the City of Kent supports our local businesses that create jobs, boost
our local economy, and preserve our community; and
WHEREAS, advocacy groups, as well as public and private organizations, across the o
country have endorsed the Saturday after Thanksgiving as Small
Business Saturday. 0
r
0
Now, therefore, I, Dana Ralph, Mayor of Kent, do hereby proclaim
November 25, 2023 0
L
Small Business Saturday
In Kent Washington and urge the residents of our community, and communities
across the country, to support small businesses and merchants on Small Business E
E
Saturday and throughout the year. 0
U
In witness whereof, I have hereunto set my hand this 21st day of November 2023.
Mayor Dana Ral h
E N T
_1 WASHINGTON
i
Packet Pg. 7
5.B
DO
C re P� o
of department highlights
November1
c�
department for translation into our top 5
ADMINISTRATION
community languages.
Administration The REDI team partnered with World Relief
c
• Administration is working to onboard Washington, a refugee resettlement o
incoming Councilmember John Boyd. agency, to provide an interactive exhibit L)
Meetings with directors are being scheduled, titled "From Home to Home." The exhibit c
and materials and training are being provided a walkthrough through the
developed and provided to our newest refugee resettlement experience. a
Councilmember. a�
• Administration has been in frequent
communications with Puget Sound Energy o
0.
to ensure adequate power is supplied to the Current Planning
South King County valley area to support Application processing and review work W
growing industrial and electric vehicle continues on notable private and public 4)
needs. projects such as Sound Transit Station o
• King County has made progress on clearing work, Metro Transit's Bus Rapid Transit I-
the roadway at Green River Road and 94th line project, and review work on the
Place South in King County. The City will KEHOC project applications which are ._
continue discussions with the County about almost complete. •h
its plans to address camping in the forested The current planning team has also been E
areas as well. busy putting the finishing touches on the a
Race and Equity functional design of our first Land Use a
• The REDI team presented a couple of data Permit type in Amanda, with a goal of
driven projects during GIS day. going 'live' at the end of this month. In the c
• The REDI team has purchased two-way Land Use permit design process, Tanya
cc
interpretation devices. The devices support Kosen in the Planning Admin group, is due r_
more than 80 languages. special recognition for her work helping to
design the noticing protocols, as are Leja E
• We have also purchased a mobile McElroy and Barb Napier from the Permit U
interpretation system for large community Center for just about every other aspect of
gatherings. The system is available for any the land use folder design.
department that receives community Permit Center
interpretation requests (certified To date, the permit center has received
interpreter not included). 4,769 applications in 2023. Submissions
•
The Title VI team has been working to through AMANDA have finally crept ahead,
totaling 2,417 vs. KIVA s 2,352
identify vital documents from each applications.
Page 1 of 10
Packet Pg. 8
5.B
in Workday related to the 2024 Mid-
Biennium Budget Adjustment.
Tax and Licensing Accounting and Financial Reporting
• The Tax Division continues to assist The Accounts Payable team completed all
delinquent taxpayers in coming into remittances of unclaimed property. Those
compliance regarding their unfiled or who wish to search for available unclaimed
unpaid tax returns. The third quarter property due to them may access that
Business and Occupation (B&O) tax returns information at the state's website through
were due on or before October 31, 2023. the following link: https://ucp.dor.wa.gov/
We recently engaged in outreach to The 2022 Accountability audit continues as
approximately 170 businesses by emailing all other 2022 audits are wrapping up.
delinquent notices on Monday, November Payroll
13. This typically occurs two weeks after • As the calendar year ends, Payroll a
the due date of a tax period to ensure that encourages all staff to review and update co
all paper returns have been processed their W-2 delivery preferences. Selecting
before sending out delinquent notices. electronic delivery (in particular, electronic
• Tax Division personnel recently attended a delivery only) provides immediate access ;
FileLocal meeting which was held at City to your W-2, once Payroll's work to prepare U
Hall in Renton. Among other topics, the them is complete. E
agenda included FileLocal's 2024 budget, ,°
trends relating to Help Desk calls, future
options for translation services, and a
Recruiting a,
potential enhancements & upgrades in New Hires: Nichole Bond- Administrative
2024 to improve the user experience. Assistant 2 (Finance); Larry Jones- o
There was continued discussion of the Maintenance Worker 2 (Street); and Jaejae
eventual migration to a new online tax and
license platform William- Maintenance Worker 2 (Street);
Customer Service Lindsey Walker- Maintenance Worker 3
• Staff has been responding to a high volume (Street Veg)
• Promotions Effective November 16: Laura o
of calls regarding the October billing d
statements. Due to staffing constraints in Haren- Environmental Supervisor (Public
the meter reader group, estimated reads Works) _
were completed on some of our meter • Interviews taking place for the following .E
reading routes this summer. When getting positions:
the actual read in October and truing up o Labor Relations Analyst in Human a
the account, many customers received a Resources (11/17)
higher than anticipated bill. This was in o Administrative Assistant 2 P/T in the
part because their estimated read was Mayor sOffice/City Council (11/30) c
likely low, but also combined with summer
Eligibility lists for Experienced/Lateral
irrigation that was high in a dryer than Police Officer, Entry Level Police Officer and
typical summer, and the 9.5 percent 2023 Entry Level Corrections Officer established
on November 8 E
rate increase. E
Budget Labor Management 0
Ordinances for the 2024 Mid-Biennium Labor Management meeting with AFSCME
• Budget Adjustment and the 2023 Tax Levy Working on/testing enhancements to the
for the 2024 Budget will be presented to Workday Recruiting module
Council at the November 21st Committee Finalizing the Non-Rep Classification and
of the Whole meeting and then adopted at Compensation study
Auditing and submitting the Federal
the Council meeting that evening. Over
the next few weeks, the last 2023 budget biannual EEO-4 report
changes will be calculated and processed,
along with creation and editing of positions
Page 2 of 10
Packet Pg. 9
5.B
Benefits Giving Campaign: The Giving Campaign
• A successful Benefit Open Enrollment event was a success this year, bringing in
Closed on 11/9/23 over $9,000 in donations for Children's
• The Benefits team is beginning Open Therapy Center in Kent, Washington.
Enrollment Audits
• Go for Gold or Platinum Wellness Challenge
results: Information Technology Projects
0 136 participating employees . Access Management Implementation - To
0 5,255 workouts completed! g p
implement a solution for managing user
• Robert Holt has been reelected on the
LEOFFI Board accounts and ensures users are only
• The team is preparing RDS reconciliation assigned the permissions the need to
data perform the duties and responsibilities
• Preparing Wellness 2024 Events Calendar specific to their position as well as better
We are working on carrier integration user lifecycle management for users who
• schedules onboard, change positions, and terminate
• Working with Employees and Managers on city employment. 3
Protected Leave cases and ADA PRISM NPDES & Backflow Replacement - o
To replace the current end of life PRISM U
Accommodations E
Risk Management Access database used to manage Code o
• Hearing Tests for Public Work, Parks and Compliance workflows, including NPDES
the Police Department are being conducted (National Pollutant Discharge Elimination a
over the next two weeks. System), FOG (Fats, Oils, and Grease),
• Met Risk Managers from Sioux Falls, SD, Cross Connection Control, Backflow --
Grand Junction CO and St. Paul MN at Prevention, and Erosion Control workflow o
0.
PRIMA Institute. Received a lot of helpful with software and hardware that support
information regarding Accident Review collaboration and streamline the manual
Boards, Insurance Requirements for current state processes within Public Works
Special Events and Return to Work Engineering.
Programs. Information Technology operational support o
for November 1 2023 to November 11 2023 >
Process Improvements
• Number of tickets opened - 158
• Lean Leadership Learning is continuing to Number of tickets closed - 266 N
progress. The leadership team meets 'c
weekly (unless impacted by holidays) E
focusing on understanding our current w
state before aligning on future Defended the City at a tow hearing where 2
improvements. the registered owner of a vehicle U
Department Updates challenged the validity of the tow after his `o
• Emergency Response System: AlertMedia vehicle was stolen from his home and M
alerts were sent out October 19th in subsequently found unoccupied after being
concert with the Great Shakeout. driven into a retaining wall. Officers were E
AlertMedia was used during the internet unable to locate contact information for the c
outage, which proved to be a very useful registered owner and had the vehicle U
tool for communication, when our internet towed. The court found the tow to be
was inoperable. lawful and the charges properly assessed
• Career Page: HR and Multi-Media are against the registered owner as provided
working on a total refresh of the current for by state law.
Career page to improve our recruiting Worked with Human Services to finalize
efforts and the candidate experience. This several ARPA grants to local nonprofit
will include new content, videos, photos, organizations.
and a more current look. Helped ECD and Parks commence the
process of acquiring two lots at the corner
Page 3 of 10
Packet Pg. 10
5.B
of 2nd Avenue North and Meeker Street in • Assisted outside counsel on a number of
downtown Kent. cases currently in litigation.
• Assisted Finance with several ordinances • Worked with staff to acquire the property
related to adoption of amendments to the rights necessary to complete various
City's biennial budget for 2024. projects throughout the City.
• Helped ECD prepare several ordinances
amending the City's Comprehensive Plan PARKS, '
and the Kent City Code concerning impact COMMUNITY
fees.
• Assisted Parks with review of an art Recreation and Cultural Services
program agreement. Paintings by Diane Walker and Kathy
• Advised Parks on review and negotiation of Roseth are on display in the Centennial
multiple vendor contracts. Center Gallery. This new show will be on
• Conducted contract training for City staff in display through December 28. cn
ECD, Police, and Parks. Tickets for 2023-2024 holiday
• During the month of October, the Law performances are selling quickly. The 37th _
Department received a total of 235 cases Annual Magical Strings Celtic Yuletide
from the Police Department to review and Concert is 92% sold out with less than 30 0
assess for the filing of criminal charges. Of tickets remailing for the Sunday, December E
those cases, 84 were for in-custody 3 show. The Queen's Cartoonists "Holiday
defendants which necessitated rush filing Hurrah Yule Love It!" on Thursday, u,
the next business day after arrest. December 14 is approximately halfway sold a
• Covered 76 court calendars in October, out. Both these performances will take
which included 1,925 cases scheduled for place at Kent-Meridian Performing Arts
hearing, spread across 1,273 defendants. Center. Q.
Of those cases, 668 were for 363 • Two Parks staff members traveled to
defendants who were held in-custody. Of EuroStage headquarters in Bowling Green,
the remaining 910 defendants who were Kentucky to receive training and take U
required to appear in court on an out-of- ownership of our new mobile stage. The
custody basis, 224 of them failed to appear stage was then passed on to a transport
(over a 24% FTA rate). company who drove it across the country Z
In preparation for the November jury term, and delivered it to Kent on Saturday,
• prosecution has prepared 102 cases for November 4. We are thrilled to have this r_
jury trial spread across 82 defendants. new stage to professionally present events
Preparing these cases for trial required the and performances safely and efficiently. a
criminal division to contact 167 civilian • Preparations are underway for a successful a
witnesses for all of those cases, conduct Winterfest event on Saturday, December 2
interviews, and review all evidence at Town Square Plaza. The event is co-
associated with each case. As part of this produced by Kent Parks, Recreation, and
process, prosecutors reviewed body cam Community Services and the Kent Lions r_
footage that totals over 187 hours in Club. This year's event will feature
length, which is over 23 days of work fora extended hours, a new market area E
single full-time employee. featuring hand-crafted items, "Rudolph's 0
• Assisted the Clerk's Office on the Relaxation Station" at Airways Brewery,
coordination and processing of large public and other new activities and treats in
records requests. addition to the annual tree lighting, parade,
• Assisted the HR Department in a number of and opportunity to meet Santa.
sensitive employment and labor related • Registrations are strong for this year's
matters. Christmas Rush Fun 5K and 10K Runs
• Advised City departments on several which will take place on Saturday,
procurement and contract matters related December 9.
to various ongoing projects.
Page 4 of 10
Packet Pg. 11
5.6
ipip III uncooperative and did not follow
commands. He eventually dropped the bag
Significant Crime Activities/Arrests/ with the rifle but grabbed onto a metal
Investigations railing and refused to get on the ground.
• On October 30, around 3:17 p.m., officers He was pulled to the ground and detained.
responded to Alderbrooke Apartments to Officers did a great job arresting a difficult
the report of a robbery. The juvenile suspect and quickly gathering PC to charge
victims reported that five to six suspects him with several felonies.
had exited in two different vehicles and On November 3, at 1:41 p.m., patrol
taken their phones, backpacks, and shoes. responded to a robbery at West Hill Market,
Patrol responded and was able to locate 24526 36th Ave S. Two suspects entered
one of the suspect vehicles and initiated a the store and brandished a firearm. The
pursuit of the vehicle (listed as stolen), clerk locked himself in the office away from a
which was later terminated. the suspects. The video shows the suspects 0
• On October 31, around 3:30 a.m., officers attempting to open the till and trying to get a
responded to Smokes Plus at 1235 W into the back office but fleeing after they
Meeker St. When officers arrived, they are unsuccessful. ;
found the front doors forced in and a On November 4, around 10:10 a.m., police 0
crowbar on the counter. Officers could responded to a burglary alarm at E
locate the suspect nearby, and Convenience Solutions, 7066 S 220th St. ,°
approximately $2500 in products were An employee arrived before police could,
returned to the store. and the suspect fled. The suspect a
• On November 2 at 4:00 a.m., officers were successfully stole three iPhones, four pads,
dispatched to a burglary at the Kent RV and a computer.
located at 22401 88 AV S. Officers found a On November 4, around 11:39 p.m., police Q.
male jumping back out of the chain-link responded to the 200 block of Central Ave
and barbed wire fence. The male took off N, referencing a robbery. The victim had )
L
on foot and was quickly tackled to the been walking on Central Ave when a
ground. The male had a gun in his vehicle stopped, and two people got out. o
waistband, but officers were able to The suspects pushed her to the ground and >
remove the gun from play and detain the took her purse before fleeing in an SUV.
male without severe injury. The male was a On November 5, an officer was conducting N
seven-time convicted felon with an active a proactive patrol near Valley Safeway c
DOC warrant for Assault 2. The male we when a reported stolen vehicle out of
arrested from this case was a person of Renton PD was located. The vehicle was w
interest in a recent Seattle Homicide. unoccupied, and officers flooded the area 2
• On November 2, at 4:13 a.m., officers to try and find a suspect. Officers reviewed U
responded to a burglary in progress at Kent the store's video footage and could view c
RV, 22401 88th Ave S. Police were advised the male suspect exiting the vehicle. The
that two suspects had cut the fence and suspect was located and questioned,
entered the yard. One suspect was denying ever being inside the vehicle. A
apprehended at the scene and was found cell phone was in the stolen vehicle and E
to have a pistol. was confirmed to be the suspect's U
• On November 3, officers were dispatched property.
to a robbery at the Waterbrook On November 6, officers were dispatched
apartments, where an unknown male was to the transient camp(s) behind Lowes on
at the back patio, holding a gun and the west hill due to reports of a reported
demanding money. Officers arrived and stolen vehicle being on-scene with several
located the suspect on the back side of the individuals seen nearby. The victim said
G building. He was holding a long bag, and they saw their vehicle on a Facebook stolen
the buttstock of a rifle could be seen vehicle information page and called the
sticking out of the bag. The suspect was police. Due to the area and known
Page 5 of 10
Packet Pg. 12
5.6
transient camp with several individuals, wearing a surgical mask. The security
Officers used caution in approaching, officer used his cell phone to capture the
utilizing Guardian 1 as the initial eye-on for suspect vehicles as they fled. One was a
the call. After entering the camp, Officers black Audi, and the other was a Chevrolet
located eight separate reported stolen Equinox. The suspect with the firearm was
vehicles and one reported stolen trailer inside the Chevrolet. About an hour later,
from various agencies. All vehicles were Officer Bartolo observed a black Audi and
recovered, with the officers on the scene white Chevrolet near Kent Garden
working together to divide the work apartments. One of the subjects was
equally. Great teamwork to get a large call wearing a surgical mask and got into the
with many tasks to be done, completed in Chevrolet. Officers followed the suspect
the shortest amount of time and done vehicle as it got onto SR 167. The suspect
safely. Great job recovering property for then took off, and a pursuit was initiated. a
several victims! The pursuit traveled through Kent to into co
• On November 8, at 6:33 p.m., officers Federal Way. The suspect vehicle was
were dispatched to Hollywood Nails (25627 eventually lost as it entered NE Tacoma.
104 Ave SE) about a male in the parking Officers did a great job not only identifying ;
lot waving a gun. The initial reporting party the vehicle but articulating the PC for stop. 0
stated they had heard shots fired and On November 7, at 1:17 p.m., officers E
witnessed the male waving the gun around, responded to a robbery at T Mobile at ,°
followed by the male trying to get into their 24823 Pacific Hwy S. Two masked subjects
business. Officers attempted to de-escalate entered the store and held the employee at a
the situation and deployed less lethal with gunpoint. The employee was directed to
little results. The male refused to comply open the till and unlock the phone cases; V_
with the officer's requests to give up and the suspects fled with several phones and a
allow them to take him into custody. approximately $500. W
Officers learned the subject had also On November 7, 5:27 p.m., patrol )
L
reportedly pointed the gun at the subway responded to a robbery at T] Maxx. W
employees before their arrival. Hostage Security had confronted a shoplifter in the o
negotiators talked to the subject for hours, parking lot who then brandished a gun and,
on-duty Valley SWAT responded, and after while slowly fleeing in their vehicle, struck
approximately 5 hours from the time of the the security officer (non-injury) and N
call, the subject was taken into custody. A sprayed him with pepper spray. 'c
handgun was seized from the subject's On November 9, 7:13 p.m., SIU detectives E
waistband, and officers found it was loaded on-viewed an attempted carjacking at the w
with a round chambered. Officers also West Hill Fred Meyer. The suspects, who °'
learned that the subject is restricted from fled in the vehicle they arrived in, had
possessing any firearms. Worthy of note is approached the victim and demanded her c
the fantastic job of all officers on the scene keys. When she initially refused, they
tonight exercising patience and restraint pushed her to the ground and wrestled for •2
over several hours. Additionally, the the keys, with one of them brandishing a
Hostage Negotiators who spoke to the gun. The victim was able to run away from c
subject did a great job, and the Valley the suspects and into the business. U
SWAT members who responded were vital
in the successful resolution. PUBLIC WORKS
• On November 7, officers were dispatched
to Signature Pointe apartments for a report Survey
Field staff
of a threat with a weapon. A security provided construction support
officer interrupted an attempted vehicle and staking on active capital improvement
theft, and one of the suspects pulled a projects, including the 108th Roundabout.
firearm and pointed it at him. The suspect Topographic design surveys were
was described as a light-skinned male
Page 6 of 10
Packet Pg. 13
5.B
performed at multiple sites for the 2024
Overlay.
• Professional staff reviewed CIP project
plans, calculated various portions of City
right of way, and is writing legal - -=
descriptions for various CIP projects.
• PW GIS staff is updating the GIS Server to
the latest software version which affects all
web mapping. Fulfilled Public Records
Requests, entered infrastructure utility Illicit Discharges: Staff have been very
project as-builts and performed regular busy responding to many spills/illicit
data base maintenance tasks. discharges including reports from Ecology
Environmental (ERTs), the past week.
Recruitment: Congratulations to Laura KentNow Podcast: Staff will be participatingco
• Haren, who is the new Environmental in the KentNow Holiday episode to discuss
Water Quality Supervisor! how to handle fats, oils, and grease
Mayor's Homeless Task force/On-Call especially during holiday cooking. 3
• will be working Garbage Contract: Staff Maralco Site Cleanup: Staff have been 0
closely with Totem Logistics preformed a working to ensure that the proper BMPs are E
cleanup at S 196th/72nd on Nov 9. King in place at the Maralco site to protect o
County UPLIFT program: The program has against illicit discharges during their
been approved for funding using American cleanup process. a
Rescue Plan Act (ARPA) grant and a Desi n
contract must be in place by the end of Green River Bridge Painting and Deck �-
2023. Repair: PS&E review completed. Comments o
0.
• Grants: provided to consultant with a follow up
o Re+ Grant: City will continue working delivery date for mid-Nov. Moving forward Y,
with the city of Renton on the grant on the development of the Traffic Control 4)
received from King County to educate Plans. Additional permits identified (waste
disposal). Notice of Intent for bridge
businesses (Spanish- and Vietnamese- a)
speaking) on proper solid waste and washing expected to be public late Nov. >
organic materials management. • Mill Creek/76th Ave S Culvert Replacement
o LSWFA Grant: This grant will pay for and Road Raising: Plan review comments •h
encampment cleanup and recycle due Nov 22. Lumen and Comcast are E
events and is retroactive to July 1. currently relocating utilities in conflict. King a
Contract language has been finalized County Wastewater Treatment Division (KC a
and will be presented to the COW on WTD) has reviewed the construction
Nov 21 and to Council consent for • agreement and provided feedback.
mayor's authorization on Dec 12. The
Mill Creek ReEstablishment: Focusing on
grant amounts to $170,307 with 25% permitting items to advance projects.
match ($56,769) to be provided by Coordinating with Corps regarding project
items to smooth permitting processes
other solid waste grants. E
o Ramp Grant: The Department of (JARPA). SEPA expected to be posted 0
Ecology has notified the city of following submittal of DARPA. Kennebeck -
approved grant application ($60,000) to Lumen to pothole facility and City to collect
perform cleanup of state-owned ramps survey data. Potholing occurred week of
within the city. Final contract language Nov 13-17.
received. Grant acceptance presented Linda Heights: Ad date of 12/12/23,
during the Nov 21 COW meeting. working to complete plans and specs to
• Source Control and O&M Inspection incorporate recent comments in addition to
Program: Another Fuel theft coordination between consultant and Kent
Page 7 of 10
Packet Pg. 14
5.B
plans. Three-week Advertisement period, Working to permanent patch trench
bid opening date of 1/4/24. crossings.
• Reith Road - Vicinity S 253rd ST to SR 516: • 84th Ave S (East Valley Highway)
Ad date of 1/16/24. Traffic Control Plans Preservation - S 212th St to S 196t11 St:
being prepared for WSDOT review and ICON was on site last week marking out
construction sequencing. Additional funds sidewalk removal limits. Evergreen
being allocated to the project. 60% Concrete Cutters on site last week saw
Review comments received by most teams cutting ADA ramps and asphalt aprons for
and evaluating joint comment resolution sidewalk removal. Met with ICON about
meeting. Right of Way acquisitions still in sanitary sewer replacement on S 200th St
progress. & 84th Ave S and they felt the water table
• 2024 Pavement Preservation (Overlay): was too high to attempt to replace that
Design sent out 30% design for review in section this year. ICON has submitted a
early November, please provide scoping formal request for suspension until April co
comments on plan set. 2024.
• West Hill Booster Pump Station and Streets
Transmission Main: Received five (5) Street Maintenance crews cleaned,
consultants from RFQ for design services prepped, stripped form and poured for new 0
for pump station, project team has sidewalk sections on W Meeker St, E
completed reviews of RFQ's and performed sidewalk repairs on 3rd Ave S, ,°
interviewed two firms on Thursday Nov. 2. repaired a sinkhole at 23211 125th Ave SE,
Construction anticipated in 2025. performed an overlay on a low area at a
• Quiet Zone at Willis and Road Diet from 11395 196th Ave SE, backfilled a
Central to 2nd: WSDOT Channelization sidewalk/people path at S 212th St and
Plans in design (consultant) and next steps Frager Rd, installed Tuff curb at 10460 SE a
are field meeting with various 256th St, performed a temporary sidewalk
stakeholders. repair at 13027 SE 245th St, set out no )
L
Construction parking barricades and assisted with tree
• 6MG1 Reservoir Recoating and Vent planting at 203 E Gowe St and cleaned up o
Replacement: Have reached out to Whitney the West Hill site at Riverview Blvd S and
Equipment to determine ETA for mag Veterans Dr.
meter part needing replacement. Long also Signs and Markings crews performed N
was unable to locate the old-style security school sign maintenance and installed c
fence spiking to replace what was damaged school zone replacement signs at various E
during construction; they have submitted locations Citywide, preset road closures w
options for operations review. signs for flooding on E James St, installed °'
• 2022 Asphalt Overlays: Contract work sign bases on 1st Ave S, Railroad Ave N U
complete. Lakeside began demo work at and on E Smith St, west of Jason Ave, c
112th & 235th last week. installed bases for the Water section at W
• S 240th Street and Russell Road TIB various locations Citywide, removed flags •2
Sidewalk Improvements: Contractor crews along SR 99 and performed sign
were scheduled to return to site 11/15 to maintenance in the East and West Hill and c
complete punch list items. Valley North areas. U
• Washington Ave S Stormwater Pump Solid Waste cleaned up debris on Reith Rd
Station: Estimated delivery date for the from Kent Des Moines Rd to Military Rd S,
storm manholes is 11/28. Contract remains S 260th St from Pacific Hwy S to Military
suspended while we wait. Rd S and on SE 256th St from 108th Ave
• 108th Ave SE and SE 264th St Compact SE to 116th Ave SE and performed graffiti
Roundabout: Storm drain system testing removal and hot spot inspections at various
and inspection complete 11/13. locations Citywide.
Illumination conduit installation completed. Water Vegetation crews cleared debris at
Clark Springs, the 640 Zone Tank and at
Page 8 of 10
Packet Pg. 15
5.6
the Scenic Hill sites and worked alongside Source, Supply and Pumpstations
the Wetland Mitigation crews. Source and Supply staff installed a
• Street Vegetation staff cleaned and line "Veterans Tank" sign for the West Hill
trimmed along the fence lines at the Reservoir site, worked on emergency
Skyway Towing Site on S 259th St and 5th repairs to a fence damaged by fallen trees
Ave S, repaired and replaced damaged at Clark Springs with Secoma Fence Co.,
plants on the planted traffic islands on S switched to gravity feed at Kent Springs,
256th St, blew out the irrigation system at secured the perimeter access at the Clark
the PSE planted beds on S 228th St, Springs east wellhead site, winterized the
maintained the vegetation on various 212th Treatment Plant facilities and various
people paths Citywide, installed new trees pump station facilities Citywide, worked on
on E Gowe St and Railroad Ave S and monthly pumpstation inspections and the
worked on leaf removal Citywide. preventative maintenance checklist for the a
• The Sidearm crews mowed along 88th Ave system operations and controls at Kent CO
S from S 235th PI to 108th Ave SE, Springs, Armstrong Springs and the 114th =
Veterans Dr from Military Rd S to Russell valves, prepared the Potassium
Rd, 124th Ave SE from S 208th St to S permanganate tanks for replacement at the ;
192nd St, SE 240th St from 120th Ave SE 212th Treatment Plant, installed a sump 0
to 192nd Ave SE, 132nd Ave SE from SE pump at the Totem PRV, removed beaver E
280th St to SE 248th St, 80th Ave S from dams in Rock Creek, repaired a level ,°
S 200th St to the dead end, 88th Ave S indicator on the Blue Boy Tank, performed
from SW 43rd St to the dead end, S 218th pest control at the 212th Treatment Plant a
St from 84th Ave S to 88th PI Se and along and received a caustic deliver at
S 240th St from 22 Ave S to 23rd Ave S Pumpstation 5.
and repaired a fence at Clark Springs. SCADA staff worked with RH2 on the new a
• Wetland Mitigation crews prepared for SCADA app and project, programmed the
planting at Johnson Creek, prepared for Lagoons pump run to SCADA and installed N
L
planting at East Clark Springs, planted and a level sensor, worked with Accu-corn on
sowed seeds at the Pollinator Patches, and the temporary repeater set-ups and o
replanted for the final phase at the Downey worked on the security camera layout for >
site. remote sites. W
Water/Sewer Pumpstation crews replaced the exterior N
• Water staff have begun our leak detection outlets at the Horseshoe and Victoria Ridge c
program for 2023. This year 55-miles of pumpstations, winterized all the sewer and E
water main and appurtenances will be storm pumpstation facilities, processed w
checked in the East Hill portion of the quotes for a new boat and motor for the 2
water system. Dead end water main aeration system maintenance at Lake U
flushing continued in the distribution Fenwick, cleaned the generator enclosures c
system. Fire hydrant exercising also at Stormwater, GRNRA South, James St, cc
continued, as well as the repair and Forester Park, Sewer-Kent view, Frager Rd, •2
maintenance of fire hydrants. Horseshoe, and Mill Creek stations and '
E
• Sewer crews have been cleaning lines in installed a valve stem at the Frager c
the area of S 240th St and 35th PI S, and Pumpstation. U
on 104th Ave S from SE 240th St to SE Storm Drainage/Vegetation
248th St. Closed circuit video inspection of Storm crews performed potholing, dug
sewer lines have been taking place in the ditches and cleaned scuppers at 18129 E
area of S 244th St and 35th PI S. Monthly Valley Rd, cleaned scuppers on S 212th St
line cleaning along with line flushing of between W Valley Hwy and E Valley Hwy
drop manholes in our hot spots have also and at S 218th St and E Valley Hwy,
been underway. installed rock at the wetland at 906 3rd
Ave S, performed leaf removal with Snuffy
at various locations Citywide, placed rocks
Page 9 of 10
Packet Pg. 16
5.B
at 859 3rd Ave S, removed vegetation from
the island at SE 277th St and 108th Ave SE
and performed tank inspections Citywide.
Crews also performed National Pollutant
Discharge Elimination System (NPDES)
repairs at various locations Citywide.
• Wetland Maintenance crews mowed and
line trimmed at 12410 SE 227th St, 22300
Russell Rd, 6248 S 242nd PI, 23329 117th
Ave SE and along Veterans Dr, mowed, line
trimmed and removed litter at the Boeing
Wetland on S 208th St and 66th Ave S, line
trimmed and mowed with the sidearm at a
GRNRA at 21615 64th Ave S and removed CO
litter from the Boeing Ditch at S 208th St
and W Valley Hwy and in front of Amazon —
U
on 112th Ave SE.
• Holding Pond crews performed tree 0
removals at Andrew's Landing at 11923 SE E
277th St and at West Creek Meadow at ,°
21725 116th Ave SE, pruned a hedge in
front of the pond at Rachael Place at a
Rachael PI and 6th Ave S and mowed, line
trimmed and cleaned at Stillwater Greens
at 12830 SE 262nd PI. a
Fleet/Warehouse
• The Warehouse crew have continued to )
L
assist with CDL training, maintained the
shops yard, keeping it clean and free of o
litter and debris, cleaned and maintained >
the wash rack, washed, and vacuumed :.-
M
motor pool vehicles, issued Personal N
Protection Equipment (PPE) and motor pool c
vehicles to staff and hydrant meters to E
contractors, repaired small equipment as w
needed, received parts and inventory °'
orders, and hauled spoils as time and U
equipment were available. c
• Fleet staff performed snow equipment W
inspections and prepped them for winter
service, prepared and upfitted two new
traffic vans, began the upfit for a new c
Survey van and a new Vactor chase truck U
replacement, received and bult new
vehicles, sent vehicles to body shop and
dealer for repairs and worked on scheduled
and non-scheduled maintenance repairs.
Page 10 of 10
Packet Pg. 17
8.A.1
Approved
Kent City Council
• City Council Regular Meeting
KENT Minutes
WAS M IN G 7 0 N
November 7, 2023
Date: November 7, 2023
Time: 5:02 p.m.
Place: Chambers
1. CALL TO ORDER/FLAG SALUTE
Mayor Ralph called the meeting to order. a
2. ROLL CALL
Attendee Name Jtlle= Status Arrived c
Dana Ralph Mayor Present
Bill Boyce Council President Present °
a
Brenda Fincher Councilmember Present a
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Excused a
0
Toni Troutner Councilmember Present
LO
Les Thomas Councilmember Excused N
Zandria Michaud Councilmember Present N
ti
3. AGENDA APPROVAL 'o
z
A. I move to approve the agenda as presented. o
a�
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Troutner, Michaud .2
a�
4. PUBLIC COMMUNICATIONS a
N
A. Public Recognition
c
i. Employee of the Month
Council President Boyce announced Officer Matthew Fisher as the November,
2023 employee of the month.
Deputy Chief Stansfield expressed appreciation of Officer Fisher and the
outstanding work he has done.
H. Appointment to the Kent Arts Commission
Mayor Ralph requested the Council approve of her recommended
Packet Pg. 18
8.A.1
Kent City Council City Council Regular Meeting November 7, 2023
Minutes Kent, Washington
appointment to the Kent Arts Commission.
iii. Proclamation for Holodomor Remembrance Month
Mayor Ralph presented the Proclamation for Holodomor Remembrance Month
to Valeriy Goloborodko. Goloborodko expressed appreciation of the
proclamation.
B. Community Events
Council President Boyce announced upcoming events at the accessoShoWare
Center.
as
Councilmember Fincher announced upcoming Spotlight series events.
4-
S. REPORTS FROM COUNCIL AND STAFF °
A. Mayor Ralph's Report P
a
Mayor Ralph advised she is meeting with legislators to discuss Kent's top a
legislative priority regarding public safety.
B. Chief Administrative Officer's Report o
0
Chief Administrative Officer, Pat Fitzpatrick advised his written report is LO
included in today's agenda packet. N
N
C. Councilmembers' Reports ti
Council President Boyce provided a recap of the Operations items on today's Z
Committee of the Whole agenda. o
a�
Councilmember Michaud provided a recap of the Parks items on today's
Committee of the Whole agenda that included accepting over $7 million in
grant funds for parks.
Councilmember Troutner provided an overview of the Economic and a
Community Development items on today's Committee of the Whole agenda
including all of the documents relating to the annexation of The Bridges to Q
the City of Auburn. r
c
Troutner serves on the Regional Transit Committee that received briefings on
the Metro's K & R lines and a briefing on Zero Youth Fares.
Councilmember Fincher provided an overview of the Public Works items on
today's Committee of the Whole agenda, including the Road Safety Plan.
Fincher serves on the Mental Illness and Drug Dependency Committee that
received a report on the regional crisis response.
6. PUBLIC HEARING
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 2 of 5 Packet Pg. 19
8.A.1
Kent City Council City Council Regular Meeting November 7, 2023
Minutes Kent, Washington
None.
7. PUBLIC COMMENT
None.
S. CONSENT CALENDAR
I move to approve items A - J.
RESULT: APPROVED [UNANIMOUS] N
MOVER: Bill Boyce, Council President
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Troutner, Michaud -
A. Approval of Minutes P
a
i. Council Workshop - Workshop Regular Meeting - Oct 17, 2023 5:15 PM a
ii. City Council Meeting - City Council Regular Meeting - Oct 17, 2023 7:00 a
PM c
0
B. Payment of the Bills - Approve M
N
MOTION: I move to approve the payment of bills received N
through 9/30/23 and paid on 9/30/23 and approve the checks ti
issued for payroll 9/16/23 - 9/30/23 and paid on 10/5/23, all 00
audited by the Committee of the Whole on 10/16/23. Z
0
C. Excused Absence for Councilmember Thomas - Approve
r
MOTION: I move to approve an excused absence for =_
Councilmember Thomas for the meeting of November 7, 2023.
a�
D. Excused Absence for Councilmember Larimer - Approve
r
MOTION: I move to approve an excused absence for
Councilmember Larimer for the meeting of November 7, 2023. Q
E. Appointment to the Kent Arts Commission - Appoint a
0
MOTION: I move to appoint John McLaughlin to an initial four-
year term as an alternate on the Kent Arts Commission starting
on October 18, 2023.
F. Write-offs of Uncollectable Accounts - Authorize
MOTION: I move to authorize the Mayor to write off
uncollectable accounts owed to the City in the amount of
$62,619.98, subject to final approval of the Finance Director.
G. Ordinance Amending Chapter 7.02 of the Kent City Code related
to the City's Water Utility Billing Services - Adopt
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 3 of 5 Packet Pg. 20
8.A.1
Kent City Council City Council Regular Meeting November 7, 2023
Minutes Kent, Washington
MOTION: I move to adopt Ordinance No. 4473, amending
Chapter 7.02 of the Kent City Code relating to the City's water
utility services.
H. Grant Agreement with the Washington Department of
Commerce for the Community Immersion Law Enforcement
Program - Accept
MOTION: I move to accept $110,000 in grant funds from the
Washington Department of Commerce for the Community
Immersion Law Enforcement Program, amend the budget,
authorize expenditure of the grant funds, and authorize the
Mayor to sign all necessary documents subject to terms
acceptable to the Police Chief and City Attorney. -
I. Contract Amendment with Republic Services of Kent - Authorize
0
MOTION: I move to authorize the Mayor to sign Amendment a
No. 2 to the contract between the City and Republic Services of a
Kent, subject to final terms and conditions acceptable to the
Public Works Director and City Attorney; and to approve the a
Sustainability Adjustment for 2024 in accordance with
Amendment No. 2. M
N
J. Statement of Work #6 to Contract with Rimini Street N
International for JDE Managed Services - Authorize
0
MOTION: I move to authorize the Mayor to sign the Statement Z
of Work #6 with Rimini Street, Inc. in the amount of $371,250 0
under the terms of the parties' existing Master Agreement, r
subject to terms acceptable to the Information Technology c
Director and City Attorney.
ai
9. OTHER BUSINESS
r
None. 0
Q
10. BIDS
r
A. City of Kent Courtroom Refurbishment - Award
Facilities Superintendent, Will Moore provided an overview of the bid for the
Municipal Courtroom remodels and recommended awarding to Larson Berger
Companies Construction, LLC.
MOTION: I move to award the Courtroom Refurbishment
Project to Larson Berger Companies Construction, LLC in the
amount of $678,216.00, and authorize the Mayor to sign all
necessary documents, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 4 of 5 Packet Pg. 21
8.A.1
Kent City Council City Council Regular Meeting November 7, 2023
Minutes Kent, Washington
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Zandria Michaud, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Troutner, Michaud
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None.
12. ADJOURNMENT
c
Mayor Ralph adjourned the meeting.
4-
0
Meeting ended at 5:28 p.m. o
L
Q
K i, 1e�y A. Koivi oto Q
City Clerk a
O
O
LO
M
N
O
N
ti
O
Z
4-
0
N
O
r
3
C
d
c.�
C
R
r.+
O
v
v
Q
N
O
r
7
C
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page 5 of 5 Packet Pg. 22
8.B
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
10/15/23 and paid on 10/15/23; approve the checks issued for payroll
10/1/23 - 10/15/23 and paid on 10/20/23; approve the payment of bills
received through 10/31/23 and paid on 10/31/23; and approve the checks
issued for payroll 10/15/23 - 10/31/23 and paid on 11/3/23, all audited
by the Committee of the Whole on 11/7/23.
SUMMARY:
Packet Pg. 23
8.B
Approval of payment of the bills received through: 10/15/23
and paid 10/15/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
10/15/23 Wire Transfers 9882 9908 $2,911,049.06
10/15/23 Regular Checks 773512 773761 $2,749,344.96
10/15/23 Payment Plus 105396 105438 $176,029.98
Void Checks $0.00
Void Payment Plus $0.00
10/15/23 Use Tax Payable $8,714.53
Total Accounts Payable: $5,845,138.53
Approval of checks issued for Payroll: 10/1/23- 10/15/23
and paid 10/20/23
Date Document Numbers Amount
10/20/23 Checks $2,392,928.30
Voids and Reissues $0.00
10/20/23 Advices FR&P 463632 463638 $4,370.65
Total Payroll: $2,397,298.95
Approval of payment of the bills received through: 10/31/23
and paid 10/31/23
Approval of checks issued for Vouchers:
Date Document Numbers Amount
10/31/23 Wire Transfers 9909 9925 $2,940,544.01
10/31/23 Regular Checks 773762 774116 $4,946,793.36
10/31/23 Payment Plus 105439 105471 $168,431.59
Void Checks ($7.25)
Void Payment Plus $0.00
10/31/23 Use Tax Payable $3,133.00
Total Accounts Payable: $8,058,894.71
Approval of checks issued for Payroll: 10/15/23- 10/31/23
and paid 11/03/23
Date Document Numbers Amount
11/03/23 Checks $2,385,065.83
Voids and Reissues $0.00
11/03/23 Advices FR&P 463639 463645 $4,370.65
Total Payroll: $2,389,436.48
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 24
8.0
1�#
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Appointments to Kent's Diversity, Equity, Inclusion and
Belonging Board - Appoint
MOTION: I move to appoint Pooka Kumar, Newab Ameeri, Annah Irungu,
Muhsin Shamdeen, Priscill Mtungwa, Rebecca Riffle, Trimarco Green, Nancy
Skipton, Rand Taha, Davies Chirwa, Sara Franklin, Lelei Masina, Oleg
Pynda, Gwen Allen-Carston, Zenovia Harris, Mohammed Akmoosh, Mizan
Rahman, and Norma Maldonado to the Diversity Equity, Inclusion, and
Belonging Board for two year terms beginning on November 22, 2023 and
ending on November 21, 2025.
SUMMARY: The Cultural Communities Board has had various iterations, serving
the Mayor and City Council since the mid-1990s. In early 2023, members saw the
need to refocus the purpose and responsibilities of the Board to align with the
implementation of the City's first Race & Equity Strategic Plan.
To accomplish this goal, the City Council adopted Ordinance 4470 on July 18, 2023,
amending the Kent City Code to realign the purpose and responsibilities of the
Board to reflect these ideals more closely. This includes renaming the Cultural
Communities Board to the Diversity, Equity, Inclusion, and Belonging Board. The
new Diversity, Equity, Inclusion, and Belonging Board will play a significant role in
the evaluation of the Race & Equity Strategic Plan's implementation and future
updates.
In accordance with KCC 2.56.030, the Board has the following responsibilities:
To advise on equity and inclusion issues and serve as a resource relating to
the social and civic participation of Kent's multicultural communities.
To advise on policies, plans, and procedures related to effective inclusion and
belonging of all residents from Kent's multicultural communities.
To provide the Mayor and City Council an annual plan implementation report
and progress rating for the City's Race and Equity Strategic Plan.
To serve as a liaison among community members, residents, businesses, and
City government on issues that affect the City and its quality of life, including
identifying needs, suggesting resources, and connecting cultural and ethnic
communities to existing City resources.
To co-design future updates to the City's Race and Equity Strategic Plan.
Packet Pg. 25
8.0
After an extensive outreach and recruitment process, the Mayor is ready to
recommend the following individuals for appointment to the Diversity, Equity,
Inclusion, and Belonging Board for two year terms beginning on November 22,
2023.
Pooka Kumar is from the Sikh community and as an American born Punjabi,
he wishes to represent the perspective from the community.
Newab Ameeri is a Project Manager for the Boeing Company
Annah Irungu is interested in bringing the voice of black immigrant
communities to mainstream dialogue.
Muhsin Shamdeen loves getting to know people from all different walks of
life and their backgrounds and helping all people especially those that have a
similar background and experience as a refugee.
Priscill Mtungwa is member of the Kent Community Development
Collaborative and enjoys interacting with the group members and learning
from others.
Rebecca Riffle is a former classical Latin high school teacher, instructional
content designer, preclinical imaging technologist, and, lately, a Software
Development student at Green River College.
Trimarco Green wants to serve as a board member as a stepping stone to
becoming a congressman.
Nancy Skipton is the Executive Director of the Kent International Festival.
She is looking to connect with other diverse groups and communities in Kent.
Rand Taha is a staff member at the Iraqi Community Center and a former
member of the cultural communities board.
Davies Chirwa is an Award Winning Global Ambassador for human
empowerment, media expert and a visionary of serial entrepreneurship.
Sara Franklin is a returning board member, and the former Chair of the
Cultural Communities Board.
Lelei Masina is a community leader in the Pacific Islander community. She
is also a teacher and mentor to a lot of youth wanting to reconnect to their
Pacific Islander language and culture.
Oleg Pynda is a leader in the Ukrainian community and has been an integral
part of the Cultural Communities Board.
Gwen Allen-Carston is the Executive Director of the Kent Black Action
Committee. She is also a member of the Human Services Commission and a
longtime community advocate.
Zenovia Harris is the CEO of the Kent Chamber of Commerce and a DEI
consultant and practitioner.
Mohammed Akmoosh wants to be a voice for our community in Kent.
Akmoosh lives and works in Kent. Akmoosh loves the city and considers it
home.
Packet Pg. 26
8.0
Mizan Rahman is the former Chair of the Cultural Communities Board.
Norma Maldonado is a former member of the Cultural Communities Board
and she wishes to continue participating in the work of the Board.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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
8.D
1�#
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Amendment to Consultant Services Agreement between
the City of Kent and Robert Half International, Inc. -
Authorize
MOTION: I move to authorize the Mayor to sign Amendment No. 5 to the
Consultant Services Agreement with Robert Half International, Inc., in an
amount not to exceed $355,000.00 for staffing services through December
31, 2024, subject to final terms and conditions acceptable to the IT
Director and City Attorney.
SUMMARY: The City's Information Technology Department ("IT Department")
contracts with several employment agencies to retain temporary workers, on an as-
needed basis, to support many of the City's technology projects and service needs.
From January 1, 2024 through December 31, 2024, the City intends to contract
with three different employment agencies to meet these needs: Protingent Inc.,
TEKsystems, Inc., and Robert Half International, Inc.
The IT Department seeks Council approval to extend its contract with Robert Half
International with this Amendment No. 5. The purpose of this extension is to
amend the original agreements' term to extend it for an additional one-year term or
until all currently assigned temporary workers complete their assignments,
whichever ends first. This Amendment increases the compensation by an amount
not to exceed $355,000.00, to cover these staffing costs. This not to exceed
amount is part of the $2,200,000.00 approved by Council for the IT Department's
staffing agency budget for 2023 and 2024.
The City will pay Robert Half International, for the staffing services provided under
the term of this Amendment. The IT Department will monitor fees charged in
relation to this collective budgeted amount to ensure the amounts paid to all
employment agencies for temporary workers does not exceed the budgeted
amounts approved by Council.
BUDGET IMPACT:
Description Cost Impact
2024 Operating and Capital Budget $355,000.00
Packet Pg. 28
8.D
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. Amendment No. 5 - Robert Half (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 29
8.D.a
•
KENT
WnS HNGTON V
c
AMENDMENT NO. 5
0
NAME OF CONSULTANT OR VENDOR: Robert Half International
r
c
CONTRACT NAME & PROJECT NUMBER: Temporary Staffing & Recruitment, #CAG2019-389
x
r
ORIGINAL AGREEMENT DATE: August 14, 2019 a�
O
This Amendment is made between the City and the above-referenced Consultant and
amends the original Agreement and all prior Amendments. All other provisions of the original
Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force
and effect. For valuable consideration and by mutual consent of the parties, Consultant's work is E
modified as follows:
L
Q
1. Time of Completion. Section II of the Agreement, entitled "Time of Completion .2
authorized extensions of the Agreement for successive one (1) year terms through an amendmer
authorized by the parties. Previous amendments have extended the Time of Completion to DecembE r
31, 2023. Consistent with Section II, the parties desire to amend the Agreement's term, to extend fc
an additional successive one (1) year term or until all current Assigned Individuals complete the N
assignments as specified within signed Job Arrangement Letters, whichever ends first. c
U
O
2. Compensation. Section III of the Agreement, entitled "Compensation," is amended w
as follows:
E
C. Through this Amendment No.-4-5, the compensation paid to Consultant fror E
January 1, 2023 2024 through December 31, 2023 2024 will not exceed Q
$355,000.00.
ti
v
ti
M
The Consultant or Vendor accepts all requirements of this Amendment by signing below, by
its signature waives any protest or claim it may have regarding this Amendment, and
acknowledges and accepts that this Amendment constitutes full payment and final settlement of
all claims of any kind or nature arising from or connected with any work either covered or affected �°
by this Amendment, including, without limitation, claims related to contract time, contract
acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise o
provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and z
warranty provisions of the original Agreement. a
E
All acts consistent with the authority of the Agreement, previous Amendments (if any), and
this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, E
and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be
deemed to have applied.
r
r
Q
AMENDMENT NO. 5 - 1 OF 2 Packet Pg. 30
8.D.a
The parties whose names appear below swear under penalty of perjury that they are
authorized to enter into this Amendment, which is binding on the parties of this contract.
IN WITNESS, the parties below have executed this Amendment, which will
become effective on the last date written below.
CONSULTANT/VENDOR: CITY OF KENT: o
c
L
d
By: By:
Print Name: Print Name: _
as
Its Its: 0
DATE: DATE: 3
r
c
ATTEST: APPROVED AS TO FORM:
(applicable if Mayor's signature required)
a�
L
Q
V
Kent City Clerk Kent Law Department
r
c
�a
c
[In this field,you may enter the electronic filepath where the contract has been saved] O
U
O
.r
c
a�
E
c
a�
E
Q
ti
ti
M
f�
2
d
O
Q-'
M
O
Z
C
d
E
C
d
E
Q
r
C
d
E
t
v
r
a
AMENDMENT NO. 5 - 2 OF 2 Packet Pg. 31
8.E
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Settlement Agreement with Pacific Power Group and
Yaculta Companies - Authorize
MOTION: I move to authorize the Mayor to sign a Settlement Agreement
with Pacific Power Group, subject to final terms and conditions acceptable
to the Human Resources Director and City Attorney.
SUMMARY: In August 2021, the City engaged with Pacific Power Group (PPG) to
perform annual and semi-annual maintenance and inspections, including load bank
testing, for seven generators at five locations throughout the City. Two generators
were inspected by PPG at the City Hall Campus on December 17, 2021. The
following day, on December 18, 2021, there was a fire that originated from the
serviced generator that caused damage to the generator and other City property.
PPG accepted liability for the incident, and involved its insurer, CHUBB, to handle
the claim.
The City incurred temporary and emergency repair costs in the amount of
$26,645.20. It also experienced contents loss in the amount of $16,253.42. This
loss to the City amounted to a total of $42,898.62. PPG's insurer, CHUBB, assigned
$6,010.51 in depreciation to the City's contents loss. So, the total payment to the
City will be $36,888.11. PPG also performed repairs to permanently fix the
damaged generator in 2022. The value of the work it performed amounts to
$71,362.71. PPG then performed minor repairs in October of 2023 which are
included in this release as well.
BUDGET IMPACT: The City will receive $36,888.11.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Settlement Agreement (PDF)
Packet Pg. 32
8.E
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 33
8.E.a
SETTLEMENT RELEASE AND HOLD HARMLESS AGREEMENT
FOR AND IN CONSIDERATION of the sum of Thirty-Six Thousand, Eight N
L
0
Hundred Eighty-Eight, and 11/100 Dollars ($36,888.11) paid to the City of Kent and the a
work performed by Pacific Power Group with a value of Seventy-One Thousand, Three R
_
M
0.
Hundred Sixty-Two and 71/100 Dollars ($71,362.71), totaling One Hundred and Eight E
U
Thousand, Two Hundred, and 82/100 Dollars, ($108,250.82); the work performed by
�a
Pacific Power Group on October 16,2023; and other good and valuable consideration, the
_
City of Kent ("the City") and all its heirs, administrators, representatives, attorneys,
0
L
successors, and assigns, (collectively "Releasing Parties") hereby release, waive, acquit,
3
and forever discharge Pacific Power Group and Yaculta Companies, as well as their 0 a
successors, assigns, insurers (including Great Northern Insurance Company and CHUBB a
Group of Insurance Companies), agents, lawyers (including Shanleigh R. Kennedy, 3
c
Gardner Trabolsi & Mordekhov PLLC), relatives, servants, directors, and employees E
d
a�
L
(collectively "Released Parties") from any and all manner of claims, demands,liabilities, a
obligations, damages, causes of action or suits, whether known or unknown, whether E
a�
suspected or unsuspected,which the City,its administrators, or assigns may have had,may co
have now arising out of, or in any way related to the damage to the generator and M
surrounding machinery, property, and equipment in the City of Kent property located at
E
a)
400 W. Gowe Street, Kent, 98032, King County, Washington, on 12/09/21. 2
a
The Releasing Parties shall release, waive, acquit, and forever discharge the
2
Released Parties from any and all manner of claims, demands, liabilities, obligations,
co
damages, causes of action or suits, whether known or unknown,arising from,or as related
E
to, any failure or damage to the generator, its surrounding machinery, property, and
equipment, or the premises themselves at 400 W. Gowe Street, Kent, King County,
1
Packet Pg. 34
8.E.a
Washington, on 12/09/21. This Release shall be deemed to have been made and performed
in Washington. All rights arising under this Release, and all disputes and controversies L
0
z
arising from or in connection with this Release, shall be governed by and determined in a
accordance with the laws of Washington only, and without regard for any choice of law !
_
M
0.
rules. E
U
Without limiting the generality of the foregoing, the release under this Agreement
�a
includes all matters, claims, demands,liabilities, obligations, damages,causes of action or
_
suits, whether known or unknown, whether suspected or unsuspected arising out of or in
0
L
any way connected with the harm or damage to the premises at 400 W.Gowe Street,Kent, �
M
3
Washington, 98032, on 12/09/2021 with respect to the Released Parties. 0 a
IT IS FURTHER UNDERSTOOD and agreed that this Agreement is intended to a
cover any and all future damages or losses not known to the parties to this agreement, but 3
c
which may later develop or be discovered in connection with the above-referenced E
d
a�
L
litigation, claims or demands which the City,its heirs, executors, administrators or assigns a
can, shall or may have by reason of any matter, cause or thing whatsoever prior to the date E
a�
hereof. in
HOLD HARMLESS AGREEMENT M
The City, in consideration of the settlement of the above-referenced action, agrees
a)
to defend,indemnify and hold harmless the Released Parties from any and all claims that 2
a
may be asserted including breach of contract, property damage, property loss and tort
as
claims; attorneys'liens, and for any and all claims as a result of the incident that took place
co
on 12/09/21, whether such claims be based on contract, tort or any other theory of law.
E
M
2
Packet Pg. 35
8.E.a
NOT AN ADMISSION
IT IS FURTHER UNDERSTOOD AND AGREED that neither the Release nor N
L
0
other consideration being given is or shall be deemed to be an admission of liability or a
responsibility on the part of any person and it is further understood and agreed that liability !
_
M
0.
for any of the claims or demands or causes of action referred to herein is specifically E
U
denied. `°
�a
VOLUNTARY SIGNATURE
_
IT IS FURTHER UNDERSTOOD AND AGREED that this Agreement has been
0
L
executed knowingly and voluntarily. The City has been represented by attorneys for the
a�
3
entirety of this matter, this Agreement contains the entire agreement between the parties 0 a
hereto, and the terms of this Agreement are contractual and not merely a recital. The City a
further states that it had the opportunity to read the foregoing Agreement. The City further 3
_
states that it understands and appreciates the foregoing words and terms and their effect E
d
as
L
and signs this Agreement voluntarily of its own free will and accord. a
READ BEFORE SIGNING. I understand I have the right to consult with an E
attorney before deciding whether to settle my/our claims and sign this release of all
claims, and I have either consulted with an attorney or made a conscious decision co
not to do so.
ti
M
IN WITNESS WHEREOF, I have caused this Settlement Release and Hold
c
as
Harmless Agreement to be executed this_ day of , 2023.
L
Q
Authorized Representative of the City of Kent
E
as
as
co
SUBSCRIBED AND SWORN to before me this day of ,2023,
by an authorized representative of the City of Kent. E
M
3
Packet Pg. 36
8.E.a
Signature of Notary Public
Printed Name of Notary Public N
L
Notary Public in and for the State of Washington 0
Residing At a
My Commission Expires
d
.E
M
a
E
O
U
M
v
�a
c
a
3
O
'L^
V
L
3
O
IL
M
a
3
c
a�
E
m
m
L
Q
d
E
d
ti
M
r
C
d
E
d
L
Q
d
E
d
d
E
V
Q
Y
Packet Pg. 37
8.F
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington State Department of Commerce East Hill North
Community Park Grant 2021 - Authorize
MOTION: I move to accept grant funds in the amount of $1,960,000 from
the Washington Department of Commerce for East Hill North Community
Park, amend the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: This Department of Commerce grant for $1,960,000 through the 2022
Local and Community Projects Program will assist with funding construction of the
first phase of development for East Hill North Community Park.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PPD-WADOC Grant - EHN Community Park-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 38
8.F.a
.O►. Washington State
Department of E
'vi►'w Commerce
0
Z
N
Grant to W
City of Kent i
E
E
through U
0
The 2022 Local & Community Projects Program
E
L
Q
Y
For
East Hill North Community Park (Kent) - First phase of
construction and design for the East Hill North Community Park
formerly named as Panther Lake Community Park.
LO
M
r
Start date: 7/1/2021
x
W
L
IL
r
E
E
0
U
Z
2
W
C
V'L^
U
O
Q
0
a
a
c
a�
E
c�
Washington State Department of Commerce - Ver.06_09_22 a
www.commerce.wa.gov
Packet Pg. 39
8.F.a
E
E
O
U
t
O
Z
2
r
N
R
W
N
v
L
d
E
E
O
U
O
E
r
L
Q
Y
Co
a
O
r
N
R
t0
LO
M
r
L
K
W
�C
L
IL
r
.E
E
E
O
U
Z
2
W
C
'L^
V
U
O
Q
0
a
a
:.;
c
a�
E
c�
Q
Packet Pg. 40
8.F.a
TABLE OF CONTENTS
FaceSheet ..................................................................................................................... 1
Special Terms and Conditions ........................................................................................2 E
1. Grant Management..................................................................................2
2. Compensation..........................................................................................2
3. Certification of Funds Performance Measures .........................................2 0
z
4. Prevailing Wage Law............................................................................... 3
5. Documentation and Security....................................................................3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property....4
7. Expenditures Eligible for Reimbursement ................................................4 w
8. Billing Procedures and Payment..............................................................4
9. Subcontractor Data Collection...................................................... 5
10. Insurance.................................................................................................5 E
11. Order of Precedence................................................................................7 0
U
12. Reduction in Funds.................................................................................. 7 0
13. Ownership of Project/Capital Facilities.....................................................7
14. Change of Ownership or Use for GRANTEE-Owned Property.................7 E
15. Change of Use for Leased Property Performance Measure..................... 8
16. Modification to the Project Budget............................................................ 8
17. Signage, Markers and Publications.......................................................... 8
18. Historical and Cultural Artifacts................................................................ 9 CU
19. Reappropriation .......................................................................................9
20. Termination for Fraud or Misrepresentation ............................................. 9 0
r
21. Fraud and Other Loss Reporting............................................................ 10 =
22. Public Records Act................................................................................. 10
23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10
cc
General Terms and Conditions ....................................................................................... 1
1. Definitions................................................................................................ 1
2. Access to Data......................................................................................... 1
3. Advance Payments Prohibited ................................................................. 1 w
4. All Writings Contained Herein .................................................................. 1 L_
5. Amendments............................................................................................ 1 a
6. Americans with Disabilities Act (ADA)......................................................2
7. Assignment..............................................................................................2
8. Attorney's Fees........................................................................................2 E
9. Audit ........................................................................................................2 0
10. Breaches of Other State Contracts ..................................................3 U
z
11. Confidentiality/Safeguarding of Information.............................................. 3 w
12. Conflict of Interest....................................................................................3
13. Copyright Provision..................................................................................4
14. Disputes...................................................................................................4
15. Duplicate Payment...................................................................................5 0
16. Governing Law and Venue.......................................................................5 0
17. Indemnification.................... Q
18. Independent Capacity of the Grantee.......................................................5 0
19. Industrial Insurance Coverage .................................................................5 a
a
20. Laws ........................................................................................................6 w
21. Licensing, Accreditation and Registration ................................................6
22. Limitation of Authority ..............................................................................6 E
23. Noncompliance with Nondiscrimination Laws...........................................6
24. Pay Equity..................................................................................6 a
Packet Pg. 41
8.F.a
25. Political Activities .....................................................................................7
26. Publicity ...................................................................................................7
27. Recapture................................................................................................7 E
28. Records Maintenance.............................................................................. 7 0
U
29. Registration with Department of Revenue................................................ 7
30. Right of Inspection............................................................ ..........7 0
31. Savings....................................................................................................8
32. Severability.............................................................................................. 8
33. Site Security............................................................................................. 8
34. Subgranting/Subcontracting.....................................................................8 W
35. Survival....................................................................................................8
36. Taxes.......................................................................................................8
37. Termination for Cause ............................................................................. 8 E
38. Termination for Convenience...................................................................9 L)
39. Termination Procedures........................................................................... 9 0
40. Treatment of Assets............................................................................... 10 c
41. Waiver ................................................................................................... 10 E
r
L
Q
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED CU
_
0
r
a�
t
m
LO
ti
M
r
t
X
W
�C
L
R
a
r
.E
E
E
0
U
Z
2
W
C
i
U
O
Q
0
IL
a
w
_
a�
E
a
Packet Pg. 42
8.F.a
FACE SHEET
Grant Number: 22-96634-
Washington State Department of Commerce
Local Government Division E
Community Capital Facilities Unit 0
V
L GRANTEE 2.GRANTEE Doing Business As(optional)
0
Z
City of Kent z
220 4th Ave S
Kent,Washington 98032 0
w
m
U
3.Grantee Representative 4.COMMERCE Representative a`)
E
Bryan Higgins Katrina Perez E
Parks Capital Project Manager Project Manager P.O.Box 42525 0
U
(253)856-5113 (360)688-6127 1011 Plum Street SE —
Fax 360-586-5880 Olympia,WA 98504-2525
bhiggins@kentwa.gov katrina.perez@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
a
$1,960,000.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/1/2021 6/30/2027,contingent on 0
reappropriation,
0
6/30/2025 if funds are not
reappropriated Cn
9.Federal Funds(as applicable) Federal Agency CFDA Number
0
N/A N/A N/A
c
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS#
91-6001254 SWV0000552-00 173-000-002 N/A
14.Grant Purpose
ti
The purpose of this performance-based contract is for the first phase of construction of the East Hill North Community Park,
formerly named as Panther Lake Community Park,as described in Attachment A—Scope of Work(the"Project').
COMMERCE,defined as the Department of Commerce,and the GRANTEE,as defined above,acknowledge and accept the terms w
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The Y
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by l`a
reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment"B"—Budget,Attachment"C"— a
Certification of Availability of Funds to Complete the Project,Attachment"D"—Certification of the Payment and Reporting of
Prevailing Wages,Attachment"E"—Certification of Intent to Enter LEED process.
FOR GRANTEE FOR COMMERCE E
V
Z
Dana Ralph,Mayor Mark K.Barkley,Assistant Director =
w
c
L
Date Date �
V
APPROVED AS TO FORM 0
a
Dawn Cortez,Assistant AtlorqWy General d
Washington State ofrae of the AWmey General Date 9/12/2023 a
C
E
t
C�
r
Q
Packet Pg. 43
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
THIS CONTRACT, entered into by and between City of Kent("GRANTEE"), a Unit of Local Government, E
and the Washington State Department of Commerce ("COMMERCE"), WITNESSES THAT: 0
U
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based Z
organizations; and =_
x
r
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs w
R
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and w
a�
U
WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075, E
made an appropriation to support the 2022 Local & Community Projects Program, and made E
reappropriations in Laws of 2022, Chapter 296, Section 1022 and Laws of 2023, Chapter 474, 0
Section 7012 and directed COMMERCE to administer those funds; and 4-
0
WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, 1025, made an
appropriation to support the 2024 Local and Community Projects Program, and directed E
COMMERCE to administer those funds, which are being administered in Contract Number 24-
96647-080; and Q'
a�
0
WHEREAS, the GRANTEE intends to complete the Project, which will result in the first phase of
construction of East Hill North Community Park, formerly named Panther Lake Community Park;
and o
0
a�
WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for 9
the Project. w
0
WHEREAS, the Project is one component of a larger multiphase project, which will result in a
community park within the Panther Lake Annexation Area, one of the City of Kent's most LO
underserved regions. This park will add recreational value in the region by redeveloping existing
parks. To meet the needs of the growing city, this site will service as a new top tier park location
for community members.
t
x
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter Y
contained, the parties hereto agree as follows:
IL
1. GRANT MANAGEMENT
0
The Representative for each of the parties shall be responsible for and shall be the contact person for E
all communications and billings regarding the performance of this Grant. 0
U
The Representative for COMMERCE and their contact information are identified on the Face Z
Sheet of this Grant. x
w
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant. co
'L^
V
2. COMPENSATION UO
COMMERCE shall pay an amount not to exceed $1,960,000.00 for the capital costs necessary for or
Q
incidental to the performance of work as set forth in the Scope of Work.
0
a
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES a-
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C E
c�
Q
Packet Pg. 44
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
°
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. E
Such non-state sources may consist of a combination of any of the following: o
U
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project. Z
iii) Funds available through a letter of credit or other binding loan commitment(s).
r
iv) Pledges from foundations or corporations.
w
v) Pledges from individual donors.
L
vi) The value of real property when acquired solely for the purposes of this Project, as °
established and evidenced by a current market value appraisal performed by a licensed, E
professional real estate appraiser, or a current property tax statement. COMMERCE will v
not consider appraisals for prospective values of such property for the purposes of 4-
calculating the amount of non-state matching fund credit. °
c
vii) In-kind contributions, subject to COMMERCE'S approval. E
E
r
L
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has Q.
expended funds from such non-state sources, and shall make such records available for p
COMMERCE'S review upon reasonable request.
ca
4. PREVAILING WAGE LAW
c
0
The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12 a�
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
z
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
m
L0
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations and
public benefit corporations that involve the expenditure of over$250,000 in state funds. Additionally,
Commerce reserves the right to review all state-funded projects and to require that projects w
performed by other entity types comply with this section. Projects for which the grant award or Y
L
legislative intent documents specify that the state funding is to be used for pre-design or design only a
are exempt from this section. r
.E
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of E
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The E
Deed of Trust shall be recorded in the County where the Project is located, and the original Lj
returned to COMMERCE after recordation within ninety(90) days of contract execution. The z
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any w
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
L
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum
tU
period of ten (10) years following the later of: (1)final payment of state funds to the GRANTEE o
under this grant; or(2)the date when the facility improved or acquired with grant funds, or a Q
distinct phase of the Project, is made useable to the public for the purpose intended by the
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and a
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to a
reconvey the Deed of Trust. :-;
c
a�
E
c�
Q
Packet Pg. 45
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title E
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of 0
the grant. v
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the Z
commitment period under this grant contract, COMMERCE may require that GRANTEE record or -
cause to be recorded a covenant in a superior lien position ahead of the lender's security =
r
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this w
R
contract for at least the term of the commitment period W
a)
U
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a E
private or public lender. Any such request shall be submitted to COMMERCE in writing, and E
COMMERCE shall respond to the request in writing within thirty(30)days of receiving the 0
request.
0
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES E
L
When all or part of the grant is used to fund the acquisition of real property, before funds are Q.
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the p
value of the real property eligible for reimbursement as follows: +;
ca
a. GRANTEE purchases of real property from an independent third-party seller shall be in
evidenced by a current appraisal prepared by a licensed Washington State commercial
0
real estate appraiser, or a current property tax statement.
c
b. GRANTEE purchases of real property from a subsidiary organization, such as an
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less.
M
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures corresponding to activities described in the Scope of Work in the following cost w
categories: L
0
a
A. Real property, and costs directly associated with such purchase, when purchased or acquired r
solely for the purposes of the Project;
0
E
B. Design, engineering, architectural, and planning; E
0
U
C. Construction management and observation (from external sources only); Z
x
D. Construction costs including, but not limited to, the following: w
Site preparation and improvements;
Permits and fees;
Labor and materials; v
Taxes on Project goods and services; O
Capitalized equipment;
Q
Information technology infrastructure; and �
Landscaping. o
a
a-
c
a�
E
c�
a
Packet Pg. 46
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
8. BILLING PROCEDURES AND PAYMENT E
E
COMMERCE shall reimburse the GRANTEE for one-hundred percent (100%) of eligible Project Lj
expenditures, up to the maximum payable under this contract. When requesting reimbursement for
expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice o
Voucher(Form A-19), that documents capitalized Project activity performed —by budget line item — Z
for the billing period.
r
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE w
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as i
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks E
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially E
submitted, or within thirty(30) days thereafter. v
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the o
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty(60)days following the
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with E
Section 19, hereof. Q.
a�
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in
the transmittal letter and request for payment. in
c
Each request for payment must be accompanied by a Project Status Report, which describes, in o
r
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement w
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly LO
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly. r
Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the w
GRANTEE. Y
L
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the a
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or r
condition of this Grant.
E
No payments in advance or in anticipation of services or supplies to be provided under this E
Agreement shall be made by COMMERCE. Lj
Duplication of Billed Costs Z
x
w
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs v
O
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own Q
organization or that of its subgrantees.
0
9. SUBCONTRACTOR DATA COLLECTION a
a
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as c
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion a)
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
c�
a
Packet Pg. 47
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" E
shall mean subcontractors of any tier. o
U
t
10. INSURANCE o
z
A. Insurance Requirements for Reimbursable Activities
r
The GRANTEE will maintain appropriate insurance coverage throughout any period in which
reimbursable activities are conducted. The intent of the required insurance is to protect the state of w
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any i
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, m
while performing under the terms of this Grant. E
E
B. Additional Insurance Requirements During the Term of the Grant ti
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: °
c
Commercial General Liability Insurance Policy. Provide a Commercial General Liability a)
E
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per
occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide p
adequate insurance coverage for the activities arising out of subgrants. Commercial General
Liability Insurance coverage shall be maintained in full force and effect during the term of this
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15. o
r
M
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to 9
z
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall
cover the following hazards, as applicable:
• Loss or damage by fire and such other risks;
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any M
building on the premises;
r
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
x
premises. w
Property Insurance coverage shall be maintained in full force and effect during the term of this
L
Grant and throughout the commitment period described in Special Terms and Conditions Section a
5, 14, and 15 r
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf E
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or v
issuing financial documents, checks, or other instruments of payment for program costs shall be z
insured to provide protection against loss: ix
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the },
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees that receive$10,000 or more per year in funding through this Grant shall secure p
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary.
Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this a
Grant until Commerce has issued a Close-Out Letter to the Grantee. Fidelity Insurance must be a
issued on either(a) a "loss sustained" basis; or(b) if issued on a "loss-discovered" basis, provide
coverage for at least six months (6 months)following the date of the Close-Out Letter or include an
extended reporting period of at least six months following the date of the Close-Out Letter.
c�
Q
Packet Pg. 48
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
The insurance required shall be issued by an insurance company authorized to do business within E
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and o
employees as additional insureds under the insurance policy. All policies shall be primary to any other v
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification. Z
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the w
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
w
will be provided thirty(30)days advance written notice of cancellation.
U
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section. E
Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE ti
shall require that any contractors providing professional services that are reimbursable under this o
Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall
require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence.
The state of Washington, its agents, officers, and employees need not be named as additional E
insureds under these policies. Q-
a�
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool in
or self-insured risk management program. In order to obtain permission from COMMERCE, the r_
0
GRANTEE shall provide: (1)a description of its self-insurance program, and (2) a certificate
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3)the Washington State Auditor's annual instructions for financial reporting. LO
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the
aggregate claim liability information reported on the balance sheet. The state of Washington, its r
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured. x
w
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self L
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- a
insured risk management program. Such annual summary of coverage and letter of self r
insurance will be provided on the anniversary of the start date of this Agreement.
0
11. ORDER OF PRECEDENCE E
0
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving v
precedence in the following order: _
w
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work t)
• Attachment B— Budget o
• Attachment C—Certification of the Availability of Funds to Complete the Project
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages o
• Attachment E—Certification of Intent to Enter the Leadership in Energy and Environmental a
Design (LEED) Certification Process a-
c
12. REDUCTION IN FUNDS E
t
c�
Q
Packet Pg. 49
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
In the event state funds appropriated for the work contemplated under this contract are withdrawn, E
reduced, or limited in any way by the Governor or the Washington State Legislature during the o
contract period, the parties hereto shall be bound by any such revised funding limitations as v
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly. Z
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES =
r
N
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
w
this contract and does not assert and will not acquire any ownership interest in or title to the capital
facilities and/or equipment constructed or purchased with state funds under this contract; provided,
however, that COMMERCE may be granted a security interest in real property, to secure funds E
awarded under this contract. This provision does not extend to claims that COMMERCE may bring o
against the GRANTEE in recapturing funds expended in violation of this contract. c)
0
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
a�
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the E
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1)the
date the final payment is made hereunder; or(2)the date when the facility improved or acquired
with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose in
intended by the Legislature.
0
r
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review w
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
LO
elsewhere in this contract.
M
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall r
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the x
effective date of the legislation in which the subject facility was authorized. Repayment shall be Y
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions.
IL
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE >,
r
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used E
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at o
least ten (10)years from the later of: (1)the date the final payment is made hereunder; or(2)the v
date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is =
made usable to the public for the purpose intended by the Legislature. w
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the v
effective date of the legislation in which the subject facility was authorized. Repayment shall be o
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. Q
16. MODIFICATION TO THE PROJECT BUDGET
a.
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make a-
modifications to line items in the Project Budget(Attachment B), hereof, that will not increase the
line item by more than fifteen percent(15%).
c�
Q
Packet Pg. 50
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail)when proposing any E
budget modification or modifications to a line item in the Project Budget(Attachment B,) hereof, o
that would increase the line item by more than fifteen percent(15%). Conversely, COMMERCE L)
may initiate the budget modification approval process if presented with a request for payment
under this contract that would cause one or more budget line items to exceed the 15 percent Z
(15%)threshold increase described above. _
x
C. Any such budget modification or modifications as described above shall require the written w
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
w
Project Budget. Each party to this contract will retain and make any and all documents related to
such budget modifications a part of their respective contract file.
D. Nothing in this section shall be construed to permit an increase in the amount of funds available E
for the Project, as set forth in Section 2 of this contract. v
17. SIGNAGE, MARKERS AND PUBLICATIONS o
If, during the period covered by this contract, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project, E
any such communication or publication must identify"The Taxpayers of Washington State" as a Q.
participant. a,
0
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or o
r
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance w
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Contract. M
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington t
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended w
consultation with any affected tribe(s), during Project design and prior to construction to determine the L
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, a
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this r
Contract.
E
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and E
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are °
U
discovered during construction, the GRANTEE shall immediately stop construction and notify the Z
local historical preservation officer and the state's historical preservation officer at DAHP, and the =
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the w
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
tU
The GRANTEE shall require this provision to be contained in all subcontracts for work or services O
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCWa.
o
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and a-
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
E
c�
Q
Packet Pg. 51
8.F.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
°
Completion of the requirements of Section 106 of the National Historic Preservation Act shall E
substitute for completion of Governor's Executive Order 21-02. o
U
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National Z
Historic Preservation Act. —
x
19. REAPPROPRIATION
w
A. The parties hereto understand and agree that any state funds not expended by June 30, 2025 will
lapse on that date unless specifically reappropriated by the Washington State Legislature. If
funds are so reappropriated, the state's obligation under the terms of this contract shall be E
contingent upon the terms of such reappropriation. o
B. In the event any funds awarded under this contract are reappropriated for use in a future v
biennium, COMMERCE reserves the right to assign a reasonable share of any such °
reappropriation for administrative costs.
E
r
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
Q.
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the p
Grant application or during the performance of this contract, COMMERCE reserves the right to ;
terminate or amend this contract accordingly, including the right to recapture all funds disbursed to
the GRANTEE under the Grant. °
0
r
21. FRAUD AND OTHER LOSS REPORTING
c
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
co
22. PUBLIC RECORDS ACT
M
Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject r
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to
the conduct of government or the performance of any governmental or proprietary function prepared, x
owned, used, or retained by COMMERCE or its functional equivalents are considered public records. Y
The PRA requires that public records responsive to a public records request be promptly produced
unless the PRA or an "other statute" exempts such records from production. This Agreement is not a-
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE r
receives a public records request for files that may include confidential information under General
Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the E
date that the records will be released to the requester unless GRANTEE obtains a court order o
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, v
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains =
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, w
COMMERCE shall maintain the confidentiality of the information per the court order.
°
L
23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN O
WORK U
O
The "Copyright Provisions", Section 13 of the General Terms and Conditions, are not intended to Q
apply to any architectural and engineering design work funded by this grant.
0
a
a-
c
a�
E
c�
a
Packet Pg. 52
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
1. DEFINITIONS c
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to 0
act on the Director's behalf. _
B. "COMMERCE" shall mean the Department of Commerce. _
r
N
C. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between W
COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials a)
incorporated by reference, and any amendments executed by the parties. a)
D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this E
Grant, and shall include all employees and agents of the GRANTEE. 0
v
E. "Personal Information" shall mean information identifiable to any person, including, but not limited 0
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social E
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
Q.
F. "State" shall mean the state of Washington. o
G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier.
0
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a z
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually M
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
r
basis with contractual penalties if the entity fails to meet program performance standards.
t
x
2. ACCESS TO DATA w
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this a
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the 3
methodology for those models. E
E
0
3. ADVANCE PAYMENTS PROHIBITED v
z
No payments in advance of or in anticipation of goods or services to be provided under this Grant w
shall be made by COMMERCE. },
0
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other p
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist o
or to bind any of the parties hereto.
0
5. AMENDMENTS a
a
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be c
binding unless they are in writing and signed by personnel authorized to bind each of the parties. W
E
c�
a
Packet Pg. 53
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to c
as the "ADA" 28 CFR Part 35 t)
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to 0
individuals with disabilities in the areas of employment, public accommodations, state and local z
government services, and telecommunications. _
x
r
7. ASSIGNMENT
w
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the a)
GRANTEE without prior written consent of COMMERCE. a)
8. ATTORNEYS' FEES E
E
0
Unless expressly permitted under another provision of the Grant, in the event of litigation or other v
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. o
c
9. AUDIT E
r
A. General Requirements Q.
COMMERCE reserves the right to require an audit. If required, GRANTEES are to procure audit o
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records. o
r
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of c
its subgrantees. w
0
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from 3:
the audit.
m
LO
Responses to any unresolved management findings and disallowed or questioned costs shall be M
included with the audit report. The GRANTEE must respond to COMMERCE requests for
r
information or corrective action concerning audit issues within thirty(30) days of the date of
request.
x
w
B. State Funds Requirements
L
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office a
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be r
conducted by a certified public accountant selected by the GRANTEE.
0
The GRANTEE shall include the above audit requirements in any subcontracts. E
E
0
In any case, the GRANTEE's records must be available for review by COMMERCE. c)
z
C. Documentation Requirements w
The GRANTEE must send a copy of the audit report described above no later than nine (9) },
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to
auditreview(aD-commerce.wa.gov or a hard copy to:
Department of Commerce p
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525 0
Olympia WA 98504-2525 a
a
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
a�
• Corrective action plan for audit findings within three (3) months of the audit being E
received by COMMERCE.
Q
Packet Pg. 54
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
• Copy of the Management Letter. E
0
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required. V-
0
z
10. BREACHES OF OTHER STATE CONTRACTS =
x
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State w
of Washington. A breach of any other agreement entered into between GRANTEE and the State of w
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
L
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION E
A. "Confidential Information" as used in this section includes: 0
v
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" o
by COMMERCE;
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; E
L
and R
Q.
a�
3. All personal information in the possession of the GRANTEE that may not be disclosed under o
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services, f°
addresses, telephone numbers, social security number, driver's license number and other c
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA). c
z
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or LO
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on X
w
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to a
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure. E
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5)working ti
days of any unauthorized use or disclosure of any confidential information, and shall take =
necessary steps to mitigate the harmful effects of such use or disclosure. w
12. CONFLICT OF INTEREST
L
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after p
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Q
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract. o
a
Specific restrictions apply to contracting with current or former state employees pursuant to chapter a-
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and c�a
Q
Packet Pg. 55
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date c
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified t)
individually by name, the agency previously or currently employed by,job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE 0
may be disqualified from further consideration for the award of a Grant. _
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue =
r
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be w
exclusive and are in addition to any other rights and remedies provided by law. The existence of i
facts upon which COMMERCE makes any determination under this clause shall be an issue and may m
be reviewed as provided in the"Disputes" clause of this contract. E
E
0
13. COPYRIGHT PROVISIONS v
0
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for c
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall E
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to p
COMMERCE effective from the moment of creation of such Materials.
ca
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents, in
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, o
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
z
N
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
LO
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants M
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of w
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of a-
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE. E
0
14. DISPUTES v
z
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot w
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
0
L
The request for a dispute hearing must:
tU
• be in writing; O
0
• state the disputed issues; Q
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and o
a
• be mailed to the Director and the other party's (respondent's) Grant Representative within a
three (3)working days after the parties agree that they cannot resolve the dispute. c
a�
The respondent shall send a written answer to the requestor's statement to both the Director or the E
Director's designee and the requestor within five (5)working days.
Q
Packet Pg. 56
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
The Director or designee shall review the written statements and reply in writing to both parties within c
ten (10)working days. The Director or designee may extend this period if necessary by notifying the t�
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. z
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
N
R
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate w
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. i
am
15. DUPLICATE PAYMENT E
E
0
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of v
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the o
same services or expenses. The GRANTEE certifies that work to be performed under this contract c
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or E
agreement.
R
Q.
16. GOVERNING LAW AND VENUE o
a�
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, a
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
c
0
17. INDEMNIFICATION a�
c
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
N
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
LO
action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury,
M
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by w
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
L
The Contractor's obligation shall not include such claims that may be caused by the sole negligence a
of the State and its agencies, officials, agents, and employees. If the claims or damages are caused r
by or result from the concurrent negligence of(a)the State, its agents or employees and (b) the
Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and E
enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or o
employees. v
z
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, w
defend and hold harmless the state and its agencies, officers, agents or employees. ,
0
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The U
O
GRANTEE and its employees or agents performing under this Contract are not employees or agents Q
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the o
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or a
employee under law. Conduct and control of the work will be solely with the GRANTEE. ..
c
a�
E
c�
Q
Packet Pg. 57
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
19. INDUSTRIAL INSURANCE COVERAGE c
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on o
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the z
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount =
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by =
r
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to w
collect from the GRANTEE. U
L
a)
20. LAWS E
E
0
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of c)
local and state and federal governments, as now or hereafter amended. o
21. LICENSING, ACCREDITATION AND REGISTRATION
E
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
0
22. LIMITATION OF AUTHORITY ?
ca
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to
be made prior to action) shall have the express, implied, or apparent authority to alter, amend, o
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, a�
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative. w
0
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
M
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further x
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to w
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure L
set forth herein. a-
r
The funds provided under this contract may not be used to fund religious worship, exercise, or E
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant. E
0
24. PAY EQUITY v
z
x
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are w
compensated as equals, consistent with the following:
0
L
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are v
performed under similar working conditions. Job titles alone are not determinative of whether Q
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are o
based in good faith and on any of the following: a
(i)A seniority system; a merit system; a system that measures earnings by quantity or ..
quality of production; a bona fide job-related factor or factors; or a bona fide regional
difference in compensation levels. E
c�
Q
Packet Pg. 58
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
(ii)A bona fide job-related factor or factors may include, but not be limited to, education, c
training, or experience that is: Consistent with business necessity; not based on or t)
derived from a gender-based differential; and accounts for the entire differential.
0
(iii)A bona fide regional difference in compensation level must be: Consistent with Z
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential. w
R
w
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
E
25. POLITICAL ACTIVITIES o
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances c)
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. o
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office. E
r
L
26. PUBLICITY
0
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of ar
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
a�
27. RECAPTURE
z
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws, cyo
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law co
or in equity. �
M
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from Z
payments due under this Grant. x
w
28. RECORDS MAINTENANCE
a
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this r
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any '
nature expended in the performance of this Grant. E
0
U
GRANTEE shall retain such records for a period of six years following the date of final payment. At Z
no additional cost, these records, including materials generated under the Grant, shall be subject at =
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by w
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement. L
r,
If any litigation, claim or audit is started before the expiration of the six (6)year period, the records O
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE p
a
If required by law, the GRANTEE shall complete registration with the Washington State Department a-
of Revenue. c
a�
E
c�
Q
Packet Pg. 59
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
30. RIGHT OF INSPECTION c
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or
any of its officers, or to any other authorized agent or official of the state of Washington or the federal o
government, at all reasonable times, in order to monitor and evaluate performance, compliance, z
and/or quality assurance under this Grant. _
x
r
31. SAVINGS
w
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way a)
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the a)
Grant under the "Termination for Convenience" clause, without the ten calendar day notice E
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations E
0
and conditions. c)
0
32. SEVERABILITY c
a�
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid E
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of Q.
the Grant. o
a�
33. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform o
in all respects with physical, fire or other security policies or regulations. a�
c
z
34. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
M
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and
personnel assigned to work under this Grant. x
w
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every a
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not r
liable for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, E
publish, transfer, sell or otherwise make known to unauthorized persons personal information without o
the express written consent of COMMERCE or as provided by law. v
z
35. SURVIVAL x
w
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall L
so survive.
tU
36. TAXES o
Q
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall o
be the sole responsibility of the GRANTEE. a
c
37. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. f°
Q
Packet Pg. 60
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the c
need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant t)
may be terminated or suspended.
0
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by Z
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the w
competitive bidding, mailing, advertising and staff time. w
a)
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
`m
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the E
alleged compliance breach and pending corrective action by the GRANTEE or a decision by E
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" ti
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of o
his or her control, fault or negligence.
a�
E
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law. Q.
a�
0
38. TERMINATION FOR CONVENIENCE +;
ca
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written in
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this o
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
z
N
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
LO
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired M
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed w
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and Y
L
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially a
completed work and services, (iii)other property or services that are accepted by COMMERCE, and r
(iv)the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure E
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this E
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the Lj
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against Z
potential loss or liability. _
w
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED v
REPRESENTATIVE, the GRANTEE shall: o
Q
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as a
may be necessary for completion of such portion of the work under the Grant that is not a
terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the E
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
Q
Packet Pg. 61
8.F.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
.E
E
discretion, to settle or pay any or all claims arising out of the termination of such orders and c
subgrants/subcontracts; t)
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the Z
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be
final for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed w
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed, w
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and E
E
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, 0
for the protection and preservation of the property related to this Grant, which is in the possession o
of the GRANTEE and in which COMMERCE has or may acquire an interest. },
c
a�
40. TREATMENT OF ASSETS E
L
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property a00
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a p
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the $
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in
part, whichever first occurs. w
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant. m
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that M
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately w
notify COMMERCE and shall take all reasonable steps to protect the property from further Y
L
damage. a
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement r
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, E
agents or subgrantees/subcontractors. E
0
U
41. WAIVER Z
x
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or w
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE. L
O
tU
O
Q
0
a
a
c
a�
E
c�
Q
Packet Pg. 62
8.F.a
Attachment A
.E
E
Scope of Work E
U
t
Funds awarded under this grant shall be used by the City of Kent for the first phase of construction and 0
design for the East Hill North Community Park, formerly named Panther Lake Community Park, located at
13525 SE 216th St Kent, WA 98042.
r
N
The first phase of construction will result in immediate public park access and will include, but not be w
limited to, construction of an on-site parking lot, a restroom, loop trail, informal play lawn, picnic shelter,
access to the Soos Creek Trail and a nature-based playground. Water service will be required for a a)
restroom. Geo technical investigations and natural area delineations will assist with park design and E
determine where park features like the parking lot, shelters, playgrounds, and trails can be built. Lastly, 0
there will be storm water treatment and frontage improvements which are all linked to the construction of v
a parking lot. o
c
This project will serve as a benefit to the public by providing recreational access for a growing area of the E
city. This site will serve as a new top tier park location for this community. This project will substantially
improve park access and improved amenities. This park will provide new trails for all ages and abilities,
provide immersive nature-based experiences, and community gathering area and space for variety of o
events. ?
ca
This project is anticipated to be completed by June 2025.
0
r
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be c
within the scope of the legislative appropriation.
N
R
t0
Lf�
M
r
CERTIFICATION PERFORMANCE MEASURE
x
w
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and Y
L
approved by the GRANTEE's governing body as of the date and year written below. a
r
.E
0
E
E
0
U
GRANTEE z
x
w
TITLE
'L^
V
tU
DATE o
Q
0
a
a
c
a�
E
c�
Q
Packet Pg. 63
8.F.a
Attachment B
.E
E
Budget E
U
t
O
Z
Line Item Amount =
Architecture & Engineering $500,000.00 w
R
Construction $4,180,000.00 W
Other: Permittin , Land Survey, Testing $250,000.00 i
Total Contracted Amount: $4,930,000.00 d
E
E
O
CERTIFICATION PERFORMANCE MEASURE v
O
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and (D
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year E
written below. c`v
Q.
a�
0
a�
ca
c
0
GRANTEE a�
c
z
N
R
TITLE
co
DATE
r
t
x
W
L
a
r
.E
E
E
O
U
Z
2
W
C
'L^
V
tU
O
Q
0
a
a
:.;
c
a)
E
c�
Q
Packet Pg. 64
8.F.a
Attachment C
.E
E
Certification of the Availability of Funds to Complete the Project E
U
t
O
Z
Non-State Funds Amount Total
r
City of Kent Parks Capital $1,000,000.00
R
America Rescue Plan Act $1,000,000.00 W
Total Non-State Funds $2,000,000.00 $2,000,000.00 i
State Funds 0
State Capital Budget $1,960,000.00 E
E
Department of Commerce 23-25 24-96647-080 $970,000.00 0
c)
Total State Funds $2,930.000.00 $2,930.000.00 0
Total Non-State and State Sources $4,930,000.00
a�
E
r
L
Q
CERTIFICATION PERFORMANCE MEASURE p
a�
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by ca
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is �00,
committed in writing and available and will remain committed and available solely and specifically for
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and z
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or cyo
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request. co
LO
M
r
L
K
W
GRANTEE
L
a
TITLE r
0
E
E
DATE 0
U
Z
2
W
C
'L^
V
tU
O
Q
0
a
a-
c
a�
E
c�
Q
Packet Pg. 65
8.F.a
Attachment D
.E
°
E
Certification of the Payment and Reporting of Prevailing Wages E
U
t
CERTIFICATION PERFORMANCE MEASURE 0
z
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the =
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date
the Project appropriation becomes effective, including but not limited to the filing of the "Statement of w
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The U
GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall E
make such records available for COMMERCE'S review upon request. E
0
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing v
Wages must be paid. 0
c
a�
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and E
approved by the GRANTEE's governing body as of the date and year written below.
Q.
a�
0
a�
ca
c
GRANTEE °
a�
c
z
N
TITLE
co
LO
DATE M
r
t
x
w
L
a
r
.E
0
E
E
0
U
z
2
W
C
'L^
V
tU
O
Q
0
a
a
c
a�
E
c�
Q
Packet Pg. 66
8.F.a
Attachment E
.E
°
E
Certification of Intent to Enter the E
Leadership in Energy and Environmental Design (LEED) Certification Process U
0
CERTIFICATION PERFORMANCE MEASURE Z
x
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project w
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States U
Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and o
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year U
written below. °
c
a�
E
r
L
Q
GRANTEE
ca
c
TITLE °
a�
c
z
N
DATE
co
Not Applicable
x
w
L
a
r
.E
0
E
E
0
U
Z
x
W
C
V'L^
U
O
Q
0
a
a
c
a�
E
c�
Q
Packet Pg. 67
8.G
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington State Department of Commerce East Hill North
Community Park Grant 2023 - Authorize
MOTION: I move to accept grant funds in the amount of $970,000 from the
Washington Department of Commerce for East Hill North Community Park,
amend the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: This Department of Commerce grant for $970,000 through the 2024
Local and Community Projects Program will assist with funding construction of the
first phase of development for East Hill North Community Park.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PPD-WASTDeptofCommerceGrant-EHNP-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 68
8.G.a
O► Washington State
16 4k Department of E
'vi►'w Commerce °
U
t
O
z
2
Grant to W
City of Kent
L
CD
E
through 0
w
0
The 2024 Local and Community Projects Program
E
0
For
Cn
East Hill North Community Park Phase 1 (Kent) - First of phase of o
construction for East Hill North Community Park.
Start date: 7/1/2023LO
M
a+
t
x
w
a.
z
x
w
c
/L^
V
V
L
E
E
O
U
O
r
Q
v/
a
0
a.
a
c
a�
E
ca
Washington State Department of Commerce - Ver.06_09_22 a
www.commerce.wa.gov
Packet Pg. 69
8.G.a
r
E
E
O
U
t
O
z
2
N
R
W
d
u
L
CD
E
E
O
U
4-
0
.r
c
a�
E
a�
m
c�
c
O
a�
c
t
N
LO
ti
M
a+
t
x
w
a
z
x
w
c
/L^
V
V
L
N
E
E
O
V
O
r
Q
v/
a
0
a
a
c
a�
E
ca
a
Packet Pg. 70
8.G.a
TABLE OF CONTENTS
Face Sheet ..................................................................................................................... 1
r
c
Special Terms and Conditions ........................................................................................2
1. Grant Management..................................................................................2 0
2. Compensation..........................................................................................2
3. Certification of Funds Performance Measures .........................................2 0
4. Prevailing Wage Law............................................................................... 3 z
5. Documentation and Security....................................................................3iF
6. Basis for Establishing Real Property Values for Acquisitions of Real Property....4 N
7. Expenditures Eligible for Reimbursement ................................................4 w
8. Billing Procedures and Payment..............................................................4
9. Subcontractor Data Collection...................................................... 5
10. Insurance.................................................................................................5 E
11. Order of Precedence................................................................................7 0
12. Reduction in Funds.................................................................................. 7 4-
13. Ownership of Project/Capital Facilities.....................................................7 °
14. Change of Ownership or Use for GRANTEE-Owned Property.................7
15. Change of Use for Leased Property Performance Measure..................... 8
16. Modification to the Project Budget............................................................ 8 a
17. Signage, Markers and Publications.......................................................... 8 0
18. Historical and Cultural Artifacts................................................................ 9 ?
19. Reappropriation .......................................................................................9 2
Cn
20. Termination for Fraud or Misrepresentation ............................................. 9 c
21. Fraud and Other Loss Reporting............................................................ 10
22. Public Records Act................................................................................. 10 c
23. Applicability of Copyright Provisions to Architectural/Engineering Design Work 10 N
LO
General Terms and Conditions ....................................................................................... 1 ti
M_
1. Definitions................................................................................................ 1 r
2. Access to Data......................................................................................... 1
3. Advance Payments Prohibited ................................................................. 1 w
4. All Writings Contained Herein .................................................................. 1 a
5. Amendments............................................................................................ 1 z
x
6. Americans with Disabilities Act (ADA)......................................................2 w
r
7. Assignment..............................................................................................2
8. Attorney's Fees........................................................................................2
9. Audit ........................................................................................................2
L
10. Breaches of Other State Contracts ..................................................3 E
11. Confidentiality/Safeguarding of Information.............................................. 3 E
12. Conflict of Interest....................................................................................3 °
U
13. Copyright Provision..................................................................................4 r
14. Disputes...................................................................................................4
15. Duplicate Payment...................................................................................5
16. Governing Law and Venue.......................................................................5 U)
17. Indemnification.........................................................................................5
18. Independent Capacity of the Grantee.......................................................5 a
19. Industrial Insurance Coverage .................................................................5 a
20. Laws ........................................................................................................6
21. Licensing, Accreditation and Registration ................................................6
22. Limitation of Authority ..............................................................................6
23. Noncompliance with Nondiscrimination Laws...........................................6
24. Pay Equity..................................................................................6 a
Packet Pg. 71
8.G.a
25. Political Activities .....................................................................................7
r
26. Publicity ...................................................................................................7
27. Recapture................................................................................................7 E
28. Records Maintenance.............................................................................. 7 0
29. Registration with Department of Revenue................................................ 7
30. Right of Inspection............................................................ ..........7 0
31. Savings....................................................................................................8 z
32. Severability.............................................................................................. 8
iF
33. Site Security............................................................................................. 8 N
34. Subgranting/Subcontracting.....................................................................8 w
35. Survival....................................................................................................8
36. Taxes.......................................................................................................8 aD
37. Termination for Cause ............................................................................. 8 E
38. Termination for Convenience...................................................................9 0
U
39. Termination Procedures........................................................................... 9 4-
0
40. Treatment of Assets............................................................................... 10 w
41. Waiver ................................................................................................... 10 4)
E
0
a
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds; o
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED ?
Cn
c
0
a�
c
t
LO
LO
ti
M
r
t
X
W
d
Z
2
W
r
C
R
,L^
V
V
L
E
E
0
U
0
r
a�
H
U)
Q
a
a
r
c
a�
E
R
Q
Packet Pg. 72
8.G.a
FACE SHEET
Grant Number: 24-96647
Washington State Department of Commerce
Local Government Division E
Community Capital Facilities Unit 0
V
L GRANTEE 2.GRANTEE Doing Business As(optional)
O
z
City of Kent =
220 Fourth Avenue South =
Kent,Washington 98032
w
m
3.Grantee Representative 4.COMMERCE Representative
lu
Bryan Higgins Katrina Perez E
Parks Capital Project Manager Project Manager P.O.Box 42525 0
(253)856-5113 (360)688-6127 1011 Plum Street SE V
Fax 360-586-5880 Olympia,WA 98504-2525 O
bhiggins@KentWA.gov katrina.perez@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$970,000.00 Federal: ❑ State: ® Other: ❑ N/A: ❑ 7/l/2023 6/30/2027,contingent on CL
m
reappropriation,
6/30/2025 if funds are not ;
reappropriated
..r
9.Federal Funds(as applicable) Federal Agency CFDA Number
c
O
N/A N/A N/A
c
10.Tax ID# 11.SWV# 12.UBI# 13.DUNS# w
91-6001254 SWV0000552-00 173-000-002 N/A
14.Grant Purpose Ln
The purpose of this performance-based contract is to provide funding for the first of phase of construction for East Hill North
Community Park as described in Attachment A—Scope of Work(the"Project").
Z
z
COMMERCE,defined as the Department of Commerce,and the GRANTEE,as defined above,acknowledge and accept the terms w
of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The Z
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by =
reference: Grant Terms and Conditions including Attachment"A"—Scope of Work,Attachment"B"—Budget,Attachment"C"— w
Certification of Availability of Funds to Complete the Project,Attachment"D"—Certification of the Payment and Reporting of
Prevailing Wages,Attachment"E"—Certification of Intent to Enter LEED process.
m
FOR GRANTEE FOR COMMERCE
lu
E
E
Dana Ralph,Mayor Mark K.Barkley,Assistant Director O
U
O
r�
CL
Date Date p
H
co
APPROVED AS TO FORM
a
Dawn Cortez,Assistant AttorqWy General
Washington State ofroe of the ARamey General Date 9/12/2023
N
E
t
C�
R
r
r
Q
Packet Pg. 73
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
THIS CONTRACT, entered into by and between City of Kent("GRANTEE"), a and the Washington State E
Department of Commerce ("COMMERCE"), WITNESSES THAT: E
U
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based 0
organizations; and Z
x
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs w
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
w
m
WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, 1025, made an
appropriation to support the 2024 Local and Community Projects Program, and directed E
COMMERCE to administer those funds; and c
U
WHEREAS, the Washington State Legislature has, in Laws of 2021, Chapter 332, Section 1075, c
made an appropriation to support the 2022 Local &Community Projects Program, and made
reappropriations in Laws of 2022, Chapter 296, Section 1022, and in Laws of 2023, Chapter 474,
Section 7012 and directed COMMERCE to administer those funds, which are being administered
in Contract Number 22-96634-128; and Q.
a�
0
WHEREAS, the GRANTEE intends to complete the Project, which will result in first phase of }
construction of East Hill North Community Park; and f°
Cn
c
WHEREAS, the enabling legislation stipulates that the GRANTEE is eligible to receive funding for o
the Project.
z
WHEREAS, the Project is one component of a larger multiphase project, which will result in a
community park within the Panther Lake Annexation Area, one of the City of Kent's most
underserved regions. This park will add recreational value in the region by redeveloping existing LO
parks. To meet the needs of the growing city, this site will service as a new top tier park location M
for community members. --
r
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows: w
a
Z
1. GRANT MANAGEMENT x
w
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face i
Sheet of this Grant. m
E
The Representative for the GRANTEE and their contact information are identified on the Face c
Sheet of this Grant. U
0
r
2. COMPENSATION aQi
0
COMMERCE shall pay an amount not to exceed $970,000.00 for the capital costs necessary for or U j
incidental to the performance of work as set forth in the Scope of Work.
0
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES a-
a
A. The release of state funds under this contract is contingent upon the GRANTEE certifying that it c
has expended or has access to funds from non-state sources as set forth in ATTACHMENT C E
E
ca
Q
Packet Pg. 74
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof. E
Such non-state sources may consist of a combination of any of the following: E
i) Eligible Project expenditures prior to the execution of this contract. v
ii) Cash dedicated to the Project. Z
iii) Funds available through a letter of credit or other binding loan commitment(s). _
x
iv) Pledges from foundations or corporations. w
°
v) Pledges from individual donors. W
am
vi) The value of real property when acquired solely for the purposes of this Project, as m
L
established and evidenced by a current market value appraisal performed by a licensed, E
professional real estate appraiser, or a current property tax statement. COMMERCE will °
not consider appraisals for prospective values of such property for the purposes of U
calculating the amount of non-state matching fund credit. o
vii) In-kind contributions, subject to COMMERCE'S approval.
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for o
COMMERCE'S review upon reasonable request.
c�
4. PREVAILING WAGE LAW Cn
c
The Project funded under this Grant may be subject to state prevailing wage law(Chapter 39.12 °
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department c
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
uO
5. DOCUMENTATION AND SECURITY M
The provisions of this section shall apply to capital projects performed by nonprofit organizations and r
public benefit corporations that involve the expenditure of over$250,000 in state funds. Additionally,
Commerce reserves the right to review all state-funded projects and to require that projects w
performed by other entity types comply with this section. Projects for which the grant award or a
legislative intent documents specify that the state funding is to be used for pre-design or design only =
are exempt from this section. W
c
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
L
trust or other appropriate security instrument in favor of COMMERCE (the "Deed of Trust"). The
a�
Deed of Trust shall be recorded in the County where the Project is located, and the original U
returned to COMMERCE after recordation within ninety (90)days of contract execution. The E
E
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any E
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set U
forth in Section 2, hereof. o
r
a
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a minimum o
period of ten (10) years following the later of: (1)final payment of state funds to the GRANTEE U j
under this grant; or(2)the date when the facility improved or acquired with grant funds, or a
distinct phase of the Project, is made useable to the public for the purpose intended by the o
Legislature. Upon satisfaction of the ten-year term requirement and all other grant terms and a
conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to a-
reconvey the Deed of Trust.
E
ca
Q
Packet Pg. 75
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title E
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of E
the grant. U
D. Covenant. If the project will be partially funded by a loan and the term of said loan is less than the 0
commitment period under this grant contract, COMMERCE may require that GRANTEE record or Z
cause to be recorded a covenant in a superior lien position ahead of the lender's security
instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this w
contract for at least the term of the commitment period
w
m
E. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and E
COMMERCE shall respond to the request in writing within thirty(30)days of receiving the c
request. U
4-
0
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When all or part of the grant is used to fund the acquisition of real property, before funds are coo
disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the
value of the real property eligible for reimbursement as follows:
m
a. GRANTEE purchases of real property from an independent third-party seller shall be
Cn
evidenced by a current appraisal prepared by a licensed Washington State commercial r_
real estate appraiser, or a current property tax statement. 0
a�
c
b. GRANTEE purchases of real property from a subsidiary organization, such as an N
affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed
Washington State commercial real estate appraiser or the prior purchase price of the
property plus holding costs, whichever is less. LO
ti
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
r
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures corresponding to activities described in the Scope of Work in the following cost w
categories: a
Z
A. Real property, and costs directly associated with such purchase, when purchased or acquired w
solely for the purposes of the Project;
c
L
B. Design, engineering, architectural, and planning; �?
U
L
C. Construction management and observation (from external sources only); m
E
E
D. Construction costs including, but not limited to, the following: 0
Site preparation and improvements; -
Permits and fees; a
Labor and materials; o
Taxes on Project goods and services; U)
Capitalized equipment;
Information technology infrastructure; and
Landscaping. a
a-
c
a�
E
ca
a
Packet Pg. 76
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
8. BILLING PROCEDURES AND PAYMENT E
COMMERCE shall reimburse the GRANTEE for of eligible Project expenditures, up to the maximum v
payable under this contract. When requesting reimbursement for expenditures made, the GRANTEE L)
shall submit to COMMERCE a signed and completed Invoice Voucher(Form A-19), that documents c
capitalized Project activity performed —by budget line item —for the billing period. Z
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the contract. The GRANTEE w
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as w
applicable, that confirms that they have paid each expenditure being claimed. The cancelled checks
or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially
submitted, or within thirty(30) days thereafter. E
E
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the v
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty(60)days following the c
completion of work or other termination of this contract, or within fifteen (15) days following the end of
the state biennium unless contract funds are reappropriated by the Legislature in accordance with W
Section 19, hereof. E
If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial 0
reimbursement under another grant contract, GRANTEE must clearly identify such grant contracts in p
the transmittal letter and request for payment.
c�
Each request for payment must be accompanied by a Project Status Report, which describes, in Cnn
narrative form, the progress made on the Project since the last invoice was submitted, as well as a c
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice E
z
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often LO
than monthly. M
Payment shall be considered timely if made by COMMERCE within thirty(30) calendar days after r
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE. x
w
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the a
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or =
condition of this Grant. w
c
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
U
Duplication of Billed Costs a,
E
The GRANTEE shall not bill COMMERCE for services performed under this Agreement, and E
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will U
be paid by any other source, including grants, for that service.
a
Disallowed Costs
0
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own Q
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION a
GRANTEE will submit reports, in a form and format to be provided by Commerce and at intervals as a
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited E
ca
a
Packet Pg. 77
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors" E
shall mean subcontractors of any tier. o
10. INSURANCE U
A. Insurance Requirements for Reimbursable Activities o
Z
The GRANTEE will maintain appropriate insurance coverage throughout any period in which =
reimbursable activities are conducted. The intent of the required insurance is to protect the state of =
Washington should there be any claims, suits, actions, costs, damages or expenses arising from any
loss, or negligent or intentional act or omission of the GRANTEE, or Subgrantee, or agents of either, w
while performing under the terms of this Grant. U
m
B. Additional Insurance Requirements During the Term of the Grant E
E
The GRANTEE shall provide proof to COMMERCE of the following insurance coverage as applicable: G
U
Commercial General Liability Insurance Policy. Provide a Commercial General Liability o
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate c
quantity to protect against legal liability related to this Grant but no less than $1,000,000 per E
E
occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees provide
adequate insurance coverage for the activities arising out of subgrants. Commercial General a
Liability Insurance coverage shall be maintained in full force and effect during the term of this o
Grant and throughout the commitment period described in Special Terms and Conditions Section
5, 14, and 15.
U)
Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to 0
permit such insurance to be written at all times on a replacement cost basis. Such insurance shall a�
cover the following hazards, as applicable: E
z
• Loss or damage by fire and such other risks;
• Loss or damage from leakage or sprinkler systems now or hereafter installed in any
building on the premises; LO
• Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage
tanks or similar apparatus now or hereafter installed in a building or building on the
premises.
Property Insurance coverage shall be maintained in full force and effect during the term of this x
Grant and throughout the commitment period described in Special Terms and Conditions Section a
5, 14, and 15 Z
x
w
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the GRANTEE for the purpose of receiving or depositing funds into program accounts or
issuing financial documents, checks, or other instruments of payment for program costs shall be
insured to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the E
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity 0
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary. o
r
B. Subgrantees that receive$10,000 or more per year in funding through this Grant shall secure 0-
fidelity insurance as noted above. Fidelity insurance secured by Subgrantees pursuant to
this paragraph shall name the GRANTEE and the GRANTEE's fiscal agent as beneficiary. Q
Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this
Grant until Commerce has issued a Close-Out Letter to the Grantee. Fidelity Insurance must be
a
issued on either(a) a "loss sustained" basis; or(b) if issued on a "loss-discovered" basis, provide a
coverage for at least six months (6 months)following the date of the Close-Out Letter or include an
extended reporting period of at least six months following the date of the Close-Out Letter.
E
ca
Q
Packet Pg. 78
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
The insurance required shall be issued by an insurance company authorized to do business within E
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and o
employees as additional insureds under the insurance policy. All policies shall be primary to any other v
valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty
(30) calendar days advance notice of any insurance cancellation or modification. o
z
The GRANTEE shall provide to COMMERCE copies of insurance instruments or certifications from =
the insurance issuing agency. The copies or certifications shall show the insurance coverage, the =
designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE
will be provided thirty(30)days advance written notice of cancellation. w
m
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty(30)
`m
calendar days prior to expiration of each policy required under this section. E
E
Professional Liability, Errors and Omissions Insurance for Contractors. The GRANTEE v
shall require that any contractors providing professional services that are reimbursable under this c
Grant maintain Professional Liability or Errors and Omissions Insurance. The GRANTEE shall
require such contractors to maintain minimum limits of no less than $1,000,000 per occurrence. W
The state of Washington, its agents, officers, and employees need not be named as additional E
insureds under these policies. a
GRANTEES and Local Governments that Participate in a Self-Insurance Program. p
Self-Insured/Liability Pool or Self-Insured Risk Management Program —With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool f°
or self-insured risk management program. In order to obtain permission from COMMERCE, the c
GRANTEE shall provide: (1)a description of its self-insurance program, and (2) a certificate o
and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk
management programs or self-insured/liability pool financial reports must comply with Generally N
Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1)
Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board
(FASB), and 3)the Washington State Auditor's annual instructions for financial reporting. uO
GRANTEE's participating in joint risk pools shall maintain sufficient documentation to support the M
aggregate claim liability information reported on the balance sheet. The state of Washington, its .,
agents, and employees need not be named as additional insured under a self-insured
property/liability pool, if the pool is prohibited from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self w
a.
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self- z
insured risk management program. Such annual summary of coverage and letter of self w
insurance will be provided on the anniversary of the start date of this Agreement.
L
11. ORDER OF PRECEDENCE
U
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving `m
precedence in the following order: E
• Applicable federal and state of Washington statutes and regulations U
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work o
• Attachment B— Budget Q
• Attachment C—Certification of the Availability of Funds to Complete the Project
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages o
• Attachment E—Certification of Intent to Enter the Leadership in Energy and Environmental a
Design (LEED) Certification Process
c
a�
E
ca
Q
Packet Pg. 79
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
12. REDUCTION IN FUNDS E
In the event state funds appropriated for the work contemplated under this contract are withdrawn, 0
reduced, or limited in any way by the Governor or the Washington State Legislature during the L)
contract period, the parties hereto shall be bound by any such revised funding limitations as c
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract Z
accordingly. _
x
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
w
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this contract and does not assert and will not acquire any ownership interest in or title to the capital
CD
facilities and/or equipment constructed or purchased with state funds under this contract; provided, E
however, that COMMERCE may be granted a security interest in real property, to secure funds E
awarded under this contract. This provision does not extend to claims that COMMERCE may bring U
against the GRANTEE in recapturing funds expended in violation of this contract. o
c
14. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the a
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state o
funds under this contract, shall be held and used by the GRANTEE for the purpose or purposes
stated elsewhere in this contract for a period of at least ten (10) years from the later of: (1)the
date the final payment is made hereunder; or(2)the date when the facility improved or acquired Cnn
with grant funds, or a distinct phase of the Project, is made usable to the public for the purpose r-
0
intended by the Legislature.
c
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or N
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility LO
and that any such new facility or facilities will be used for the purpose or purposes stated M
elsewhere in this contract. .,
r
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant, plus interest calculated at the w
rate of interest on state of Washington general obligation bonds issued most closely to the
a.
effective date of the legislation in which the subject facility was authorized. Repayment shall be Z
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. w
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
L
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this contract shall be used U
L
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at m
E
least ten (10)years from the later of: (1)the date the final payment is made hereunder; or(2)the E
date when the facility improved or acquired with grant funds, or a distinct phase of the Project, is 0
v
made usable to the public for the purpose intended by the Legislature. o
r
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall o
repay to the state general fund the principal amount of the grant, plus interest calculated at the
rate of interest on state of Washington general obligation bonds issued most closely to the U)
a
effective date of the legislation in which the subject facility was authorized. Repayment shall be 3:
made pursuant to Section 27 (Recapture provision) of the General Terms and Conditions. o
a
a-
c
a�
E
ca
a
Packet Pg. 80
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
16. MODIFICATION TO THE PROJECT BUDGET E
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make c00
modifications to line items in the Project Budget(Attachment B), hereof, that will not increase the L)
line item by more than fifteen percent(15%). c
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail)when proposing any Z
budget modification or modifications to a line item in the Project Budget(Attachment B,) hereof,
that would increase the line item by more than fifteen percent(15%). Conversely, COMMERCE w
may initiate the budget modification approval process if presented with a request for payment w
under this contract that would cause one or more budget line items to exceed the 15 percent
(15%)threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written E
E
approval of COMMERCE (by email or regular mail), and such written approval shall amend the 0
Project Budget. Each party to this contract will retain and make any and all documents related to c
such budget modifications a part of their respective contract file.
c
D. Nothing in this section shall be construed to permit an increase in the amount of funds available
for the Project, as set forth in Section 2 of this contract.
17. SIGNAGE, MARKERS AND PUBLICATIONS aQi
0
If, during the period covered by this contract, the GRANTEE displays or circulates any ;
communication, publication, or donor recognition identifying the financial participants in the Project, f°
any such communication or publication must identify"The Taxpayers of Washington State" as a c
participant. 0
a�
c
18. HISTORICAL AND CULTURAL ARTIFACTS N
Prior to approval and disbursement of any funds awarded under this Contract, GRANTEE shall
cooperate with COMMERCE to complete the requirements of Governor's Executive Order 21-02 or
LO
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural r
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of w
the project funded by this Contract. a
z
In addition to the requirements set forth in this Contract, GRANTEE shall, in accordance with w
Governor's Executive Order 21-02 as applicable, coordinate with Commerce and the Washington c
State Department of Archaeology and Historic Preservation ("DAHP"), including any recommended
L
consultation with any affected tribe(s), during Project design and prior to construction to determine the
a�
existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, U
or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this m
Contract. E
E
0
U
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and 0
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the o
local historical preservation officer and the state's historical preservation officer at DAHP, and the (j
Commerce Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement ,
immediately, then contact DAHP and the concerned tribe's cultural staff or committee. a
a-
The GRANTEE shall require this provision to be contained in all subcontracts for work or services c
related to the Scope of Work attached hereto. E
E
ca
Q
Packet Pg. 81
8.G.a
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
In addition to the requirements set forth in this Contract, GRANTEE agrees to comply with RCW E
27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and o
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and c)
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
0
Completion of the requirements of Section 106 of the National Historic Preservation Act shall Z
substitute for completion of Governor's Executive Order 21-02.
N
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may 0
w
be required to re-comply with Governor's Executive Order 21-02 or Section 106 of the National a,
Historic Preservation Act.
`m
E
19. REAPPROPRIATION c
A. The parties hereto understand and agree that any state funds not expended by June 30, 2025 will w
lapse on that date unless specifically reappropriated by the Washington State Legislature. If °
funds are so reappropriated, the state's obligation under the terms of this contract shall be 0)
contingent upon the terms of such reappropriation. E
B. In the event any funds awarded under this contract are reappropriated for use in a future a
biennium, COMMERCE reserves the right to assign a reasonable share of any such p
reappropriation for administrative costs. }
c�
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
c
0
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this contract, COMMERCE reserves the right to E
terminate or amend this contract accordingly, including the right to recapture all funds disbursed to
the GRANTEE under the Grant.
21. FRAUD AND OTHER LOSS REPORTING LO
LO
ti
Grantee shall report in writing all known or suspected fraud or other loss of any funds or other
property furnished under this Contract immediately or as soon as practicable to the Commerce
Representative identified on the Face Sheet.
22. PUBLIC RECORDS ACT w
a
Notwithstanding General Terms and Conditions Section 11, COMMERCE is a public agency subject =
to the Public Records Act, Chapter 42.56 RCW (the "PRA"). Under the PRA, all materials relating to w
the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by COMMERCE or its functional equivalents are considered public records.
The PRA requires that public records responsive to a public records request be promptly produced
U
unless the PRA or an "other statute" exempts such records from production. This Agreement is not `m
intended to alter COMMERCE's obligations under the PRA. The parties agree that if COMMERCE E
receives a public records request for files that may include confidential information under General 0
Terms and Conditions Section 11, COMMERCE will notify the other party of the request and of the P
date that the records will be released to the requester unless GRANTEE obtains a court order a
enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, as
COMMERCE may release the requested information on the date specified. If the GRANTEE obtains
a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, U)
a
COMMERCE shall maintain the confidentiality of the information per the court order.
a.
23. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN a-
WORK
c
a�
The "Copyright Provisions", Section 13 of the General Terms and Conditions, are not intended to E
apply to any architectural and engineering design work funded by this grant.
ca
Q
Packet Pg. 82
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
1. DEFINITIONS E
E
0
As used throughout this Grant, the following terms shall have the meaning set forth below: c)
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
0
act on the Director's behalf. z
B. "COMMERCE" shall mean the Department of Commerce.
C. "Grant" and "Agreement" and "Contract" shall mean the entire written agreement between w
COMMERCE and the GRANTEE, including any exhibits, attachments, documents, or materials m
incorporated by reference, and any amendments executed by the parties. U
L
4)
D. "GRANTEE" shall mean the entity identified on the face sheet performing service(s) under this E
Grant, and shall include all employees and agents of the GRANTEE. 0
U
E. "Personal Information" shall mean information identifiable to any person, including, but not limited c
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social a�
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
0
F. "State" shall mean the state of Washington.
G. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
GRANTEE. The terms "subgrantee/subcontractor" refers to any tier. Cn
c
H. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a E
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for N
goods and/or services in the course of normal trade or commerce. f°
I. "Vendor" is an entity that agrees to provide the amount and kind of services requested by LO
COMMERCE; provides services under the grant only to those beneficiaries individually ti
determined to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit
basis with contractual penalties if the entity fails to meet program performance standards.
t
2. ACCESS TO DATA x
w
a.
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Z
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State w
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the GRANTEE's reports, including computer models and the
methodology for those models.
a�
U
3. ADVANCE PAYMENTS PROHIBITED a`)
E
No payments in advance of or in anticipation of goods or services to be provided under this Grant c
shall be made by COMMERCE. P
0
r
4. ALL WRITINGS CONTAINED HEREIN
0
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist Q
or to bind any of the parties hereto.
0
a
5. AMENDMENTS a
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties. E
ca
a
Packet Pg. 83
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to E
E
as the "ADA" 28 CFR Part 35 0
U
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local 0
government services, and telecommunications.
x
7. ASSIGNMENT w
0
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the w
GRANTEE without prior written consent of COMMERCE. U
m
8. ATTORNEYS' FEES E
E
Unless expressly permitted under another provision of the Grant, in the event of litigation or other 0
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs. c
9. AUDIT
E
A. General Requirements
0
a
COMMERCE reserves the right to require an audit. If required, GRANTEES are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
Cn
that subgrantees also maintain auditable records. c
0
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees. z
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from f°
the audit.
uO
Responses to any unresolved management findings and disallowed or questioned costs shall be ti
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty(30) days of the date of
request.
x
B. State Funds Requirements w
a
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office Z
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be w
conducted by a certified public accountant selected by the GRANTEE. c
L
The GRANTEE shall include the above audit requirements in any subcontracts. t9
a�
In any case, the GRANTEE's records must be available for review by COMMERCE.
`m
E
C. Documentation Requirements c
The GRANTEE must send a copy of the audit report described above no later than nine (9) U
months after the end of the GRANTEE's fiscal year(s) by sending a scanned copy to $
auditreview(a)-commerce.wa.gov or a hard copy to:
0
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE ,
PO Box 42525
a
Olympia WA 98504-2525 a-
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE. c�a
Q
Packet Pg. 84
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
• Copy of the Management Letter. E
0
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements, U
a copy must be provided to COMMERCE; no other report is required.
0
10. BREACHES OF OTHER STATE CONTRACTS Z
GRANTEE is expected to comply with all other contracts executed between GRANTEE and the State =
of Washington. A breach of any other agreement entered into between GRANTEE and the State of cyo
Washington may, in COMMERCE's discretion, be deemed a breach of this Agreement.
U
L
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes: E
0
U
1. All material provided to the GRANTEE by COMMERCE that is designated as "confidential" c
by COMMERCE; •�
c
2. All material produced by the GRANTEE that is designated as "confidential" by COMMERCE; E
and
0
a
3. All personal information in the possession of the GRANTEE that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other Cn
identifying numbers, and "Protected Health Information" under the federal Health Insurance o
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, N
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information3-1
f°
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or LO
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on x
confidentiality. COMMERCE may require changes to such policies and procedures as they apply w
to this Grant whenever COMMERCE reasonably determines that changes are necessary to Z
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period ix
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to },
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
a�
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5)working m
days of any unauthorized use or disclosure of any confidential information, and shall take E
necessary steps to mitigate the harmful effects of such use or disclosure. c
U
12. CONFLICT OF INTEREST
a
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
0
may, in its sole discretion, by written notice to the GRANTEE terminate this contract if it is found after
due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Q
Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in the
procurement of, or performance under this contract.
a
Specific restrictions apply to contracting with current or former state employees pursuant to chapter a-
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
a�
any person employed in any capacity by the state of Washington that worked on this Grant, or any E
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and f°
Q
Packet Pg. 85
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date E
of this Grant. Any person identified by the GRANTEE and their subcontractors(s) must be identified 0
individually by name, the agency previously or currently employed by,job title or position held, and
separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE c
may be disqualified from further consideration for the award of a Grant. z
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue _
the same remedies against the GRANTEE as it could pursue in the event of a breach of the contract w
by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be W
exclusive and are in addition to any other rights and remedies provided by law. The existence of a)
facts upon which COMMERCE makes any determination under this clause shall be an issue and may 4)
be reviewed as provided in the"Disputes" clause of this contract. E
0
13. COPYRIGHT PROVISIONS V
w
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for E
hire" under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and a
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to 0
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents, f°
Cn
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights. c
z
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, LO
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. r
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein w
and of any portion of such document which was not produced in the performance of this Grant. The a
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of =
infringement received by the GRANTEE with respect to any Materials delivered under this Grant. w
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
a�
U
14. DISPUTES `0
E
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot E
be resolved by direct negotiation, either party may request a dispute hearing with the Director of U
COMMERCE, who may designate a neutral person to decide the dispute.
a
The request for a dispute hearing must:
0
H
• be in writing; Q
• state the disputed issues;
• state the relative positions of the parties; o
• state the GRANTEE's name, address, and Contract number; and a
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3)working days after the parties agree that they cannot resolve the dispute. 4)
E
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5)working days.
Q
Packet Pg. 86
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
The Director or designee shall review the written statements and reply in writing to both parties within E
ten (10)working days. The Director or designee may extend this period if necessary by notifying the °
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. z
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial =
tribunal. _
N
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate W
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. a)
L
15. DUPLICATE PAYMENT E
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of °
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the c
same services or expenses. The GRANTEE certifies that work to be performed under this contract .r
does not duplicate any work to be charged against any other grant, subgrant/subcontract, or E
agreement.
°
a
16. GOVERNING LAW AND VENUE o
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
c
17. INDEMNIFICATION °
a�
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the E
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit, LO
action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom. r
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
x
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees. w
a
The Contractor's obligation shall not include such claims that may be caused by the sole negligence Z
of the State and its agencies, officials, agents, and employees. If the claims or damages are caused w
by or result from the concurrent negligence of(a)the State, its agents or employees and (b)the
Contractor, its subcontractors, agents, or employees, this indemnity provision shall be valid and f°
enforceable only to the extent of the negligence of the Contractor or its subcontractors, agents, or
employees. m
E
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify, c
defend and hold harmless the state and its agencies, officers, agents or employees. v
O
r
18. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Contract are not employees or agents Q
of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will thea.
o
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or a-
employee under law. Conduct and control of the work will be solely with the GRANTEE.
a�
E
ca
Q
Packet Pg. 87
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
19. INDUSTRIAL INSURANCE COVERAGE E
E
0
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If c)
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the z
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and w
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to w
collect from the GRANTEE.
L
4)
20. LAWS E
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of °
local and state and federal governments, as now or hereafter amended. c
21. LICENSING, ACCREDITATION AND REGISTRATION c
a�
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and E
registration requirements or standards necessary for the performance of this Contract. a
a�
22. LIMITATION OF AUTHORITY
m
Only the Authorized Representative or Authorized Representative's delegate by writing (delegation to f°
Cn
be made prior to action) shall have the express, implied, or apparent authority to alter, amend, c
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, °
modification, or waiver or any clause or condition of this contract is not effective or binding unless c
made in writing and signed by the Authorized Representative. N
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
uO
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the GRANTEE's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, r
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
t
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to w
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure a
set forth herein. Z
x
The funds provided under this contract may not be used to fund religious worship, exercise, or w
instruction. No person shall be required to participate in any religious worship, exercise, or instruction
in order to have access to the facilities funded by this grant.
a�
U
24. PAY EQUITY a`)
E
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are o
compensated as equals, consistent with the following: o
r
a
a. Employees are "similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether Q
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are a
based in good faith and on any of the following: a-
(i)A seniority system; a merit system; a system that measures earnings by quantity or
quality of production; a bona fide job-related factor or factors; or a bona fide regional E
difference in compensation levels. E
ca
Q
Packet Pg. 88
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
ii A bona fide job-related factor or factors may include, but not be limited to, education, E
C�) 1 Y E
training, or experience that is: Consistent with business necessity; not based on or o
derived from a gender-based differential; and accounts for the entire differential.
(iii)A bona fide regional difference in compensation level must be: Consistent with Z
business necessity; not based on or derived from a gender-based differential; and =
account for the entire differential. _
N
R
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise w
services determines that the GRANTEE is not in compliance with this provision. U
m
25. POLITICAL ACTIVITIES E
E
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances G
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508. c
No funds may be used for working for or against ballot measures or for or against the candidacy of c
any person for public office. E
26. PUBLICITY a
a�
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the u)
prior written consent of COMMERCE.
0
27. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
LO
or in equity.
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant. t
x
w
28. RECORDS MAINTENANCE a
z
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this w
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant. �?
U
L
GRANTEE shall retain such records for a period of six years following the date of final payment. At m
no additional cost, these records, including materials generated under the Grant, shall be subject at E
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by G
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, o
regulation or agreement. Q.
as
0
If any litigation, claim or audit is started before the expiration of the six (6)year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE a.
a
a-
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
a�
E
ca
Q
Packet Pg. 89
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
30. RIGHT OF INSPECTION E
E
0
At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or U
any of its officers, or to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance, compliance, 0
and/or quality assurance under this Grant.
x
31. SAVINGS w
°
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way w
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the U
Grant under the "Termination for Convenience" clause, without the ten calendar day notice E
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations E
and conditions. 0
U
w
32. SEVERABILITY °
c
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
m
33. SITE SECURITY a
U)
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform c
in all respects with physical, fire or other security policies or regulations.
c
34. SUBGRANTING/SUBCONTRACTING N
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this contract without obtaining prior written approval of LO
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or
reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the
GRANTEE's duties. This clause does not include Grants of employment between the GRANTEE and r
personnel assigned to work under this Grant.
t
x
Additional) the GRANTEE is responsible for ensuring that all terms, conditions, assurances and w
Y, p g a
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. Every =
subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not w
liable for claims or damages arising from a subgrantee's/subcontractor's performance of the
subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge,
publish, transfer, sell or otherwise make known to unauthorized persons personal information without
the express written consent of COMMERCE or as provided by law. m
E
35. SURVIVAL E
0
The terms, conditions, and warranties contained in this Grant that by their sense and context are o
intended to survive the completion of the performance, cancellation or termination of this Grant shall a
so survive.
0
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE's o
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall a
be the sole responsibility of the GRANTEE. ..
c
37. TERMINATION FOR CAUSE E
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. a
Packet Pg. 90
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
Before suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the E
need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant 0
may be terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by Z
law including, but not limited to, any cost difference between the original Grant and the replacement =
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the =
competitive bidding, mailing, advertising and staff time.
w
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or U
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the m
alleged compliance breach and pending corrective action by the GRANTEE or a decision by E
COMMERCE to terminate the Grant. A termination shall be deemed a "Termination for Convenience" 0
if it is determined that the GRANTEE: (1)was not in default; or(2)failure to perform was outside of v
his or her control, fault or negligence.
c
a�
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition E
to any other rights and remedies, provided by law. a
as
38. TERMINATION FOR CONVENIENCE
m
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
Cn
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this r-
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination. c
z
39. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant, LO
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer. r
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed w
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and a
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially Z
completed work and services, (iii)other property or services that are accepted by COMMERCE, and w
(iv)the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure W,
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this �?
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the U
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against m
E
potential loss or liability. E
0
U
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in o
addition to any other rights and remedies provided by law or under this contract. a
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED o
REPRESENTATIVE, the GRANTEE shall: ~
a
1. Stop work under the Grant on the date, and to the extent specified, in the notice; o
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as a
may be necessary for completion of such portion of the work under the Grant that is not a
terminated; c
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the E
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
Q
Packet Pg. 91
8.G.a
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
r
.E
3
discretion, to settle or pay any or all claims arising out of the termination of such orders and E
subgrants/subcontracts; o
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the c
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be z
final for all the purposes of this clause; _
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed =
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE; w
6. Complete performance of such part of the work as shall not have been terminated by the U
AUTHORIZED REPRESENTATIVE; and E
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct, c
for the protection and preservation of the property related to this Grant, which is in the possession v
of the GRANTEE and in which COMMERCE has or may acquire an interest. o
c
40. TREATMENT OF ASSETS E
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property a
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a o
direct item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the a
GRANTEE under this Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such Cn
property in the performance of this Grant, or (ii) commencement of use of such property in the c
performance of this Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in a�
part, whichever first occurs. E
z
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant. LO
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management r
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately w
notify COMMERCE and shall take all reasonable steps to protect the property from further a
damage. z
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement w
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors. �?
U
L
41. WAIVER E
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or c
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless P
stated to be such in writing and signed by Authorized Representative of COMMERCE. °
a
a�
0
H
U)
a
0
a
a
c
a�
E
ca
a
Packet Pg. 92
8.G.a
Attachment A
r
.E
3
Scope of Work E
E
0
U
M
Funds awarded under this grant shall be used by the City of Kent for the first of phase of construction for 1�
0
East Hill North Community Park located at 13525 SE 216th St Kent, WA 98042. z
The first phase of construction will result in immediate public park access and will include, but not be =
limited to, construction of an on-site parking lot, a restroom, loop trail, informal play lawn, picnic shelter, cyo
access to the Soos Creek Trail and a nature-based playground. Water service will be required for a w
m
restroom. Geo technical investigations and natural area delineations will assist with park design and U
L
determine where park features like the parking lot, shelters, playgrounds, and trails can be built. Lastly, m
there will be storm water treatment and frontage improvements which are all linked to the construction of E
a parking lot. 0
U
w
This project will serve as a benefit to the public by providing recreational access for a growing area of the
city. This site will serve as a new top tier park location for this community. This project will substantially
improve park access and improved amenities. This park will provide new trails for all ages and abilities, E
provide immersive nature-based experiences, and community gathering area and space for variety of a
events.
0
m
This project is anticipated to be completed by June 2025. a
U)
Costs related to the work will only be reimbursed to the extent the work is determined by Commerce to be 0
within the scope of the legislative appropriation.
z
uO
ti
M
CERTIFICATION PERFORMANCE MEASURE r
t
The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and w
approved by the GRANTEE's governing body as of the date and year written below. a
z
x
w
c
/L^
V
GRANTEE U
(D
E
E
TITLE °
U
0
r
a
DATE o
H
U)
a
0
a
a
c
a�
E
ca
a
Packet Pg. 93
8.G.a
Attachment B
r
.E
3
Budget E
0
U
t
0
z
Line Item Amount
Construction $4,680,000.00 w
Other: Permitting, Land Survey, Site Geo Technical Work $250,000.00
w
Total Contracted Amount: $4,930,000.00
L
E
CERTIFICATION PERFORMANCE MEASURE E
0
U
The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and o
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year c
written below. E
E
0
a
a�
0
m
c�
GRANTEE C
c
0
a�
c
TITLE N
DATE uO
ti
M
a+
t
x
w
a
z
x
w
c
/L^
V
V
L
a)
E
E
0
U
0
r
Q
v/
a
0
a
a
c
a)
E
ca
a
Packet Pg. 94
8.G.a
Attachment C
r
.E
3
Certification of the Availability of Funds to Complete the Project E
E
0
U
t
O
Z
Non-State Funds Amount Total —
x
City of Kent Parks Capital $1,000,000.00 w
America Resucue Plan Act $1,000,000.00
w
Total Non-State Funds $2,000,000.00 $2,000,000.00 0
State Funds `0
State Capital Budget $970,000.00 E
Department of Commerce 21-23 22-96634-128 $1,960,000.00 0
Total State Funds $2,930,00.00 $2,930,000.00 v
w
Total Non-State and State Sources $4,930,000.00 0
c
a�
E
CERTIFICATION PERFORMANCE MEASURE
a
a�
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this contract and identified above has been reviewed and approved by the GRANTEE's governing body
or board of directors, as applicable, and has either been expended for eligible Project expenses, or is Cn
committed in writing and available and will remain committed and available solely and specifically for c
carrying out the purposes of this Project as described in elsewhere in this contract, as of the date and
year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or
has access to the funds needed to complete the Project, and shall make such records available for
COMMERCE'S review upon reasonable request. f°
uO
ti
M
a+
GRANTEE x
w
a
TITLE Z
x
w
c
L
DATE
U
L
a)
E
E
O
V
O
r
Q
v/
a
0
a
a-
c
a�
E
ca
a
Packet Pg. 95
8.G.a
Attachment D
r
.E
3
Certification of the Payment and Reporting of Prevailing Wages E
E
0
U
t
CERTIFICATION PERFORMANCE MEASURE
0
z
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable on the date w
the Project appropriation becomes effective, including but not limited to the filing of the "Statement of 0
w
Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The a,
GRANTEE shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall
make such records available for COMMERCE'S review upon request. E
E
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing U
Wages must be paid. c
c
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body as of the date and year written below.
0
a
a�
0
m
c�
Cn
c
GRANTEE o
a�
c
z
TITLE cNa
uO
DATE ti
M
a+
t
x
w
a
z
x
w
c
/L^
V
V
L
a)
E
E
0
V
0
r
Q
v/
a
0
a
a
c
a�
E
ca
a
Packet Pg. 96
8.G.a
Attachment E
r
.E
3
Certification of Intent to Enter the E
E
Leadership in Energy and Environmental Design (LEED) Certification Process o
U
t
O
CERTIFICATION PERFORMANCE MEASURE z
x
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and w
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this contract. The GRANTEE shall, upon receipt of LEED certification by the United States
Green Building Council, provide documentation of such certification to COMMERCE.
`m
E
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and E
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year v
written below. c
c
a�
E
a
a�
0
GRANTEE +;
c�
Cn
c
TITLE O
a�
c
z
DATE
uO
NotApplicable
x
w
a
z
x
w
c
/L^
V
V
L
N
E
E
O
V
O
r
Q
v/
a
0
a
a
c
a�
E
ca
a
Packet Pg. 97
8.H
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington Recreation and Conservation Office Ruth
Property Acquisition Grant- Authorize
MOTION: I move to accept grant funds in the amount of $3,000,000 from
the Recreation and Conservation Office for the Ruth Property acquisition,
amend the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The Park Planning and Development Division applied for and was
awarded a grant in the amount of $3,000,000 for acquisition of the Ruth Property
at Clark Lake Park. This grant will assist with reimbursement of acquisition costs for
this property.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PPD-WS RCO Grant-Ruth Property-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 98
WASHINGTON 57ATE RCO Grant Agreem
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:22-1479A
Project Title: Ruth Property at Clark Lake Park Approval Date:09/21/2023
0
N
PARTIES OF THE AGREEMENT a
U
This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by Q
and through the Recreation and Conservation Funding Board (RCFB or funding board)and the Recreation and Conservation >+
Office(RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent(Sponsor, and primary Sponsor), 220 Q.
Fourth Ave S, Kent,WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties. 0
L
The Sponsor's Unique Entity ID (UEID) Number is GALJSHRB2EM6. t
r
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor. c0i
Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on 0
file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s) p
regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant
application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as
provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions
N
required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section. U
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant o
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally },
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO
shall proceed on the basis that the person who is listed as the Authorized Representative in the last ci
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement
(including any amendments thereto)and decisions related to implementation of the Agreement.
0
r
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to Im
c
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections.
0
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). LO
1-1
r
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the General Fund-Federal and Outdoor K
Recreation Account of the State of Washington. The grant is administered by the Recreation and Conservation Office(RCO). w
m
a
DESCRIPTION OF PROJECT o
The City of Kent will use this grant to acquire the largest remaining private holding at Clark Lake Park.This acquisition a
consists of a single 16-acre ownership currently used for residential purposes and will complete the city's assemblage of
properties resulting in a 149-acre intact passive use park.This addition will allow for completion of a loop trail with additional
views of Clark Lake and will create unique opportunities for a more formal park use area within Clark Lake Park. The primary
recreation uses at this park are walking, hiking, birdwatching and other passive recreation. L
0
PERIOD OF PERFORMANCE W
The period of performance begins on October 1, 2023 (project start date)and ends on June 30, 2025(project end date). No U)
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any applicable RCO a
manuals as of the effective date of this Agreement. d
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before W
the project end date. t
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 99
8.H.a
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement.
c
O
LONG-TERM OBLIGATIONS N
For this acquisition project, the Sponsor's long-term obligations for the project area shall be in perpetuity for the project area C
unless otherwise identified in the Agreement or as approved by the funding board or RCO. Q
L
PROJECT FUNDING Q-
O
L
The total grant award provided for this project shall not exceed$3,000,000.00.The RCO shall not pay any amount beyond that a
approved for grant funding of the project and within the percentage as identified below.The Sponsor shall be responsible for
r
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below: W
W
Percentage Dollar Amount Source of Funding V
RCFB-Land and Water Conservation 29.85% $2,000,000.00 Federal p
RCFB-WWRP-Local Parks 14.93% $1,000,000.00 State c
Project Sponsor 55.22% $3,700,000.00
Total Project Cost 100.00% $6,700,000.00
a�
N
C
O
V
FEDERAL FUND INFORMATION
c
If federal funding information is included in this section,this project is funded by, matched by, and/or funded in part by the
following federal award, or subaward: o
c�
Federal Agency: US Dept of Interior
Assistance Listing Number and Name: 15.916-Land &Water Conservation Fund
Federal Award Identification Number: P23AP01610
Federal Fiscal Year: 2023
O
Federal Award Date: 09/21/2023
Total Federal Award: $2,000,000
Federal Award Project Description: 53-00775 Ruth N
Sponsor's Indirect Cost Rate: 0.00%of all costs for this agreement
This funding is not research and development(R&D). �
M
If the Sponsor's total federal expenditures are$750,000 or more during the Sponsor's fiscal-year,the Sponsor is required to
have a federal single audit conducted for that year in compliance with 2 C.F.R. Part 200(as updated).The Sponsor must
provide a copy of the final audit report to RCO within nine months of the end of the Sponsor's fiscal year, unless a longer K
period is agreed to in advance by the federal agency identified in this section. w
Sponsor shall comply with the federal "Omni-circular" (2 C.F.R. Part 200).
a
O
L
RCO may suspend all reimbursements if the Sponsor fails to timely provide a single federal audit;further the RCO reserves a
the right to suspend any and all RCO Agreement(s)with the Sponsor if such noncompliance is not promptly cured.
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
L
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the t9
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope W
activities, the milestones report, progress reports, and the final report. Provided,to the extent that information contained in to
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the
Agreement, unless the terms in the Agreement are shown to be subject to an unintended error or omission. "Agreement"as
used here and elsewhere in this document, unless otherwise specifically stated, has the meaning set forth in the definitions of IL
the Standard Terms and Conditions. };
c
a�
E
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set Q
forth in writing 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
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 100
8.H.a
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or
minor scope adjustments.
c
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do 0
so. N
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO Q
manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall aD
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. 0
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. d
t
r
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
a�
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of p
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment. c
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only 0
r
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless 0
otherwise expressly stated in the amendment.
N
C
For the purpose of this Agreement,WAC Title 286, RCFB policies shall apply as terms of this Agreement. 0
For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this 'a
Agreement:
• Acquisition Projects-Manual 3 0
• Land and Water Conservation Fund- Manual 15
• Long Term Obligations-Manual 7
• Reimbursements-Manual 8 am
• WWRP- Recreation Programs-Manual 10a
c
0
r
am
c
SPECIAL CONDITIONS N
0
None
SPECIAL CONDITIONS-CULTURAL RESOURCES
r
CONDITION APPLIES TO THE FOLLOWING AREA(S):APE
t
K
Federal-RCO Lead: Monitoring required: This agreement requires compliance with Section 106 of the National Historic
Preservation Act. RCO has completed the initial consultation for this project and archaeological monitoring of project
activities is required. Project work must proceed in accordance with the terms of a monitoring plan developed for a related a
project or a cultural resources monitoring plan must be developed. The Sponsor must submit an archaeological monitoring o
report detailing the results of the monitoring to RCO before final payment will be made. Project activities started without a
approval will be considered a breach of contract. If archaeological or historic materials are discovered while conducting
project activities,work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions 0
found in this agreement.All cultural resources work must meet reporting guidelines outlined by the Department of
Archaeology and Historic Preservation. 0
,L^
V
U
W
AGREEMENT CONTACTS y
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: 0
a
a
Sponsor Project Contact RCO Contact
Bryan Higgins DeAnn Beck aoi
Parks Capital Project Manager Outdoor Grants Manager
220 4th AVE S PO Box 40917
Kent,WA 98032 Olympia,WA 98504-0917 f°
bhiggins@kentwa.gov deanna.beck@rco.wa.gov Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 101
8.H.a
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized
Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications.
c
0
ENTIRE AGREEMENT N
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties. No other a
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. U
Q
L
EFFECTIVE DATE Q.
0
Unless otherwise provided for in this Agreement,this Agreement,for Project 22-1479, shall become effective and binding on d
the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). t
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
a�
The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement O
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. 0
r
0
City of Kent
a�
N
By: Date:
0
U
Name(printed):
0
c
Title: 0
c�
a�
L
V
N0)
I.L
State of Washington Recreation and Conservation Office 0
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board)
t
By: Date:
Megan Duffy
Director
Recreation and Conservation Office LO
M
r
Pre-approved as to form:
t
x
r
w
By: Date: 05/01/2023 m
Assistant Attorney General °-
0
L
,L^
V
U
W
U)
IL
a
c
a�
E
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 102
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1479A
Project Title: Ruth Property at Clark Lake Park Approval Date:09/21/2023 0
An
Eligible Scope Activities a
L
W
ELIGIBLE SCOPE ACTIVITIES 0.
0
L
Q.
Acquisition Metrics 3
Property: Ruth Property(Worksite#1, Ruth Property) 0
Real Property Acquisition O
c
Land 0
r
Clean up of hazardous substances required (yes/no): No 0
Acres by Acreage Type(fee simple):
Uplands 16.00 c
Existing structures on site: Structures to be demolished U
c
0
c
0
c�
a�
L
V
N�
I.L
O
r
N
R
LO
1-1
r
L
K
W
A
d
O
L
,L^
V
U
w
U)
IL
a-
c
a�
E
ca
a
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 103
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1479A
Project Title: Ruth Property at Clark Lake Park Approval Date:09/21/2023 0
An
Project Milestones a
L
PROJECT MILESTONE REPORT Q-
0
L
Complete Milestone Target Date Comments/Description d
X Order Appraisal(s) 01/30/2022
X Order Appraisal Review(s) 03/31/2022
X Purchase Agreement Signed 05/31/2022
X Acquisition Closing 10/14/2022 Acquired under W22-26(NPS waiver approved
9/30/22) O
X Cultural Resources Complete 05/09/2023 Section 106 completed; WISAARD#2022-10- 0
07007
X Other 06/29/2023 NEPA clearance; Categorical Exclusion approved
by NPS N
Project Start 10/01/2023 0
Progress Report Due 10/31/2023 For federal reporting requirements-report on U
period 10/1/2022-9/30/2023 c
Progress Report Due 04/30/2024
c
Recorded Acq Documents to RCO 05/31/2024 °
RCO Notice to Proceed 06/30/2024 Notice to Proceed from RCO prior to
a�
groundbreaking U
Annual Project Billing Due 07/31/2024
Progress Report Due 10/31/2024 For federal reporting requirements-report on c
period 10/1/2023-9/30/2024 °
Demolition Complete 11/30/2024 Remove ineligible structures; monitoring required c
-see special condition
N
Cultural Resources Documents 01/31/2025 See special condition; provide copy of monitoring
report to RCO
Funding Acknowl Sign Posted 04/30/2025
LO
Progress Report Due 04/30/2025
M
RCO Final Inspection 05/31/2025
r
Final Billing Due 06/06/2025
Final Report Due 06/13/2025
K
Agreement End Date 06/30/2025 w
m
a
0
L
,L^
V
U
W
a
a
c
a�
E
ca
a
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 104
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1479A
Project Title: Ruth Property at Clark Lake Park Approval Date:09/21/2023 0
2
Land and Water Conservation Fund General Provisions
a
L
EFFECTIVE DATE Q-
0
L
NPS Approved August 1, 2022. d
Note:Articles that are not applicable were removed from this document.
r
a�
ARTICLE I-DEPARTMENT OF THE INTERIOR STANDARD TERMS AND CONDITIONS
Recipients must also adhere the Department of the Interior Standard Terms and Conditions located at O
https://www.doi.gov/grants/doi-standard-terms-and-conditions (version effective December 19, 2019-revised June 19, 2020),
except the provision related to the Davis-Bacon Act in Section VII. .2
0
a�
ARTICLE XV-REPORTS AND/OR OUTPUTS/OUTCOMES c
0
A. Refer to the second page of the Notice of Award document for Federal Financial reporting frequency and due dates. U
Performance reports are also required at the same reporting frequency and due dates as the FFR. Reports must be
submitted through the GrantSolutions"Manage Reports"functionality. 0
c
B. A final Performance Report,final Federal Financial Report,will be due 120 days after the end-date of the Term of 0
Agreement. If the recipient does not submit the final report before the required due date, the NPS is required to W
submit a finding of non-compliance to the Federal Awardee Performance and Integrity Information System (FAPIIS). ci
Each report shall be submitted as described above.
c
C. The Secretary of the Interior and the Comptroller General of the United States, or their duly authorized 0
representatives,will have access,for the purpose of financial or programmatic review and examination, to any books,
documents, papers, and records that are pertinent to the Agreement at all reasonable times during the period of t
retention in accordance with 2 CFR 200.333. N
0
D. Refer to the LWCF Manual Chapter 7.G.3 for the documentation required to close out an LWCF grant.
1-1
ARTICLE XVII-MODIFICATION, REMEDIES FOR NONCOMPLIANCE,TERMINATION
A. This Agreement may be modified at any time, prior to the expiration date, only by a written instrument executed by
both parties. Modifications will be in writing and approved by the NPS AO and the authorized representative of K
Recipient. w
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is noncompliant to the terms and m
conditions of this agreement. Remedies for Noncompliance can be found in 2 CFR 200.339 and the LWCF General o
Provisions in Attachment A. a
C. This Agreement may be terminated consistent with applicable termination provisions for Agreements found in 2 CFR 0
200.340 through 200.343.
c
0
,L^
V
ARTICLE XVIII- REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE o
A. General Reporting Requirements W
U)
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal
awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this Federal a
award,then you, as the recipient,during that period of time must maintain the currency of information reported to the a-
System for Award Management(SAM)that is made available in the designated integrity and performance system };
(currently the Federal Awardee Performance and Integrity Information System (FAPIIS))about civil, criminal, or
administrative proceedings described in paragraph 2 of this award term and condition.This is a statutory requirement E
under section 872 of Public Law 110-417, as amended (41 U.S.C.2313).As required by section 3010 of Public Law
111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except
past performance reviews required for Federal procurement contracts,will be publicly available. Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 105
8.H.a
B. Proceedings You Must Report
Submit the information required about each proceeding that:
c
1) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract 0
from the Federal Government; N
2) Reached its final disposition during the most recent five-year period; and C
Q
3) Is one of the following: i
W
a) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and 0
condition; (L
t
b) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,
penalty, reimbursement, restitution, or damages of$5,000 or more;
c) An administrative proceeding, as defined in paragraph 5 of this award term and condition,that
resulted in a finding of fault and liability and payment of either a monetary fine or penalty of$5,000
or more; or reimbursement, restitution,or damages in excess of$100,000; or 0
r
d) Any other criminal, civil, or administrative proceeding if:
a�
N
1. It could have led to an outcome described in paragraph 2.c.(1), (2), or(3)of this award
term and condition; U
2. It had a different disposition arrived at by consent or compromise with an acknowledgment
of fault on your part; and o
3. The requirement in this award term and condition to disclose information about the
proceeding does not conflict with applicable laws and regulations. U
m
C. Reporting Procedures
0
r
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in
paragraph 2 of this award term and condition.You do not need to submit the information a second time under t
assistance awards that you received if you already provided the information through SAM because you were required
to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency LO
M
During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition,
r
you must report proceedings information through SAM for the most recent five-year period, either to report new
information about any proceeding(s)that you have not reported previously or affirm that there is no new information to t
report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value W
greater than$10,000,000 must disclose semiannually any information about the criminal, civil, and administrative >,
proceedings.
m
a
E. Definitions
d
For purposes of this award term and condition:
1) Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability(e.g., Securities and Exchange Commission Administrative proceedings, L
Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals
proceedings). This includes proceedings at the Federal and State level but only in connection with
performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or W
inspection of deliverables. U)
2) Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, a
whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. a-
3) Total value of currently active grants, cooperative agreements, and procurement contracts includes—
E
a) Only the Federal share of the funding under any Federal award with a recipient cost share or match;
and
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 106
8.H.a
b) The value of all expected funding increments under a Federal award and options, even if not yet
exercised.
c
ARTICLE XX-PATENTS AND INVENTIONS (37 CFR 401) 0
Recipients of agreements which support experimental, developmental, or research work shall be subject to applicable N
regulations governing patents and inventions, including the government-wide regulations issued by the Department of a
Commerce at 37 CFR 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under U
Government Grants, Contracts and Cooperative Agreements.These regulations do not apply to any agreement made
primarily for educational purposes.
a�
Q-
In accordance with 37 CFR 401.3(a),the provision at 37 CFR 401.14(a),with authorized modifications for the National Park 0
Service, is hereby included in this agreement: d
t
r
(a) Definitions
a�
(1)Invention means any invention or discovery which is or may be patentable or otherwise protectable under Title 35 of the ;�
United States Code, or any novel variety of plant which is or may be protected under the Plant Variety Protection Act(7 U.S.C. p
2321 et seq.) c
0
r
(2) Subject invention means any invention of the recipient conceived or first actually reduced to practice in the performance of
work under this agreement, provided that in the case of a variety of plant, the date of determination (as defined in section 41(1d)
of the Plant Variety Protection Act, 7 U.S.C. 2401(d))must also occur during the period of agreement performance. N
c
0
(3)Practical Application means to manufacture in the case of a composition or product,to practice in the case of a process or V
method, or to operate in the case of a machine or system; and, in each case, under such conditions as to establish that the c
invention is being utilized and that its benefits are,to the extent permitted by law or government regulations, available to the
public on reasonable terms. 0
c�
(4)Made when used in relation to any invention means the conception or first actual reduction to practice of such invention.
L)
m
(5) Small Business Firm means a small business concern as defined at section 2 of Public Law. 85-536(15 U.S.C. 632)and
implementing regulations of the Administrator of the Small Business Administration. For the purpose of this provision,the size
0
standards for small business concerns involved in government procurement and subcontracting at 13 CFR 121.3-8 and 13
CFR 121.3-12, respectively,will be used.
t
N
(6)Nonprofit Organization means a university or other institution of higher education or an organization of the type described
in section 501(c)(3)of the Internal Revenue Code of 1954(26 U.S.C. 501(c)and exempt from taxation under section 501(a)of
the Internal Revenue Code (25 U.S.C. 501(a))or any nonprofit scientific or educational organization qualified under a state
nonprofit organization statute. �
M
(b)Allocation of Principal Rights.
The Recipient may retain the entire right,title, and interest throughout the world to each subject invention subject to this K
provision and 35 U.S.C. 203.With respect to any subject invention in which the Recipient retains title, the Federal government w
shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the
United States the subject invention throughout the world. a
0
(c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient. a
(1)The Recipient will disclose each subject invention to the National Park Service within two months after the inventor 0
discloses it in writing to Recipient personnel responsible for patent matters.The disclosure to the National Park Service shall
be in the form of a written report and shall identify the agreement under which the invention was made and the inventor(s). It
shall be sufficiently complete in technical detail to convey a clear understanding to the extent known at the time of the
disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. c
The disclosure shall also identify any publication, on sale or public use of the invention and whether a manuscript describing L)
the invention has been submitted for publication and, if so,whether it has been accepted for publication at the time of
disclosure. In addition, after disclosure to the National Park Service,the Recipient will promptly notify the National Park U)
Service of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by o
the Recipient. a
a-
(2)The Recipient will elect in writing whether or not to retain title to any such invention by notifying the National Park Service
within two years of disclosure to the National Park Service. However, in any case where publication, on sale or public use has 0
initiated the one year statutory period wherein valid patent protection can still be obtained in the United States, the period for t
election of title may be shortened by the National Park Service to a date that is no more than 60 days prior to the end of the
ca
statutory period. }'
Q
(3)The Recipient will file its initial patent application on a subject invention to which it elects to retain title within one year after
election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 107
8.H.a
United States after a publication, on sale, or public use.The Recipient will file patent applications in additional countries or
international patent offices within either ten months of the corresponding initial patent application or six months from the date
permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has
been prohibited by a Secrecy Order. 0
0
(4) Requests for extension of the time for disclosure, election, and filing under subparagraphs(1), (2), and (3) may, at the N
discretion of the National Park Service, be granted.
a
U
(d)Conditions When the Government May Obtain Title. Q
The Recipient will convey to the National Park Service, upon written request,title to any subject inventions Q.
0
(1) If the Recipient fails to disclose or elect title to the subject invention within the times specified in (c), above, or elects not to a
retain title; provided that the National Park Service may only request title within 60 days after learning of the failure of the t
Recipient to disclose or elect within the specified times.
(2) In those countries in which the Recipient fails to file patent applications within the times specified in (c)above; provided, 0
however, that if the Recipient has filed a patent application in a country after the times specified in (c)above, but prior to its
receipt of the written request of the National Park Service,the Recipient shall continue to retain title in that country.
c
0
(3) In any country in which the Recipient decides not to continue the prosecution of any application for,to pay the maintenance
fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.
a�
N
(e)Minimum Rights to Recipient and Protection of the Recipient Right to File,
0
U
(1)The Recipient will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the
Government obtains title, except if the Recipient fails to disclose the invention within the times specified in (c), above.The 0
Recipient's license extends to its domestic subsidiary and affiliates, if any,within the corporate structure of which the Recipient o
is a party and includes the right to grant sublicenses of the same scope to the extent the Recipient was legally obligated to do },
so at the time the agreement was awarded. The license is transferable only with the approval of the National Park Service
except when transferred to the successor of that party of the Recipient's business to which the invention pertains. ci
m
(2)The Recipient's domestic license may be revoked or modified by the National Park Service to the extent necessary to
achieve expeditious practical application of the subject invention pursuant to an application for an exclusive license submitted 0
r
in accordance with applicable provisions at 37 CFR part 404 and the National Park Service licensing regulations(if any).This c
license will not be revoked in that field of use or the geographical areas in which the Recipient has achieved practical t
application and continues to make the benefits of the invention reasonably accessible to the public.The license in any foreign
country may be revoked or modified at the discretion of the National Park Service to the extent the Recipient, its licensees, or ?�
the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.
LO
(3)Before revocation or modification of the license,the National Park Service will furnish the Recipient a written notice of its M
intention to revoke or modify the license, and the Recipient will be allowed thirty days(or such other time as may be authorized
by the National Park Service for good cause shown by the Recipient)after the notice to show cause why the license should
not be revoked or modified.The Recipient has the right to appeal, in accordance with applicable regulations in 37 CFR part t
404 and National Park Service regulations(if any)concerning the licensing of Government-owned inventions, any decision W
concerning the revocation or modification of the license.
m
(f) Recipient Action to Protect the Government's Interest o
0
(1)The Recipient agrees to execute or to have executed and promptly deliver to the National Park Service all instruments a
necessary to
(i)establish or confirm the rights the Government has throughout the world in those subject inventions to which the Recipient
elects to retain title, and L
(ii)convey title to the National Park Service when requested under paragraph (d)above and to enable the government to
obtain patent protection throughout the world in that subject invention. W
U)
(2)The Recipient agrees to require, by written agreement, its employees, other than clerical and non-technical employees, to
disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format a
suggested by the Recipient each subject invention made under agreement in order that the Recipient can comply with the a-
disclosure provisions of paragraph (c), above, and to execute all papers necessary to file patent applications on subject };
inventions and to establish the government's rights in the subject inventions. This disclosure format should require, as a
minimum,the information required by(c)(1), above.The Recipient shall instruct such employees through employee E
agreements or other suitable educational programs on the importance of reporting inventions in sufficient time to permit the
filing of patent applications prior to U.S. or foreign statutory bars.
Q
(3)The Recipient will notify the National Park Service of any decisions not to continue the prosecution of a patent application,
pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, in any country, not less than thirty
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 108
8.H.a
days before the expiration of the response period required by the relevant patent office.
(4)The Recipient agrees to include,within the specification of any United States patent applications and any patent issuing
thereon covering a subject invention,the following statement, "This invention was made with government support under 0
(identify the agreement)awarded by(identify the Federal agency).The government has certain rights in the invention." 0
N
(g)Subcontracts.The Recipient will include this provision, suitably modified to identify the parties, in all sub-agreements or
subcontracts, regardless of tier,for experimental, developmental or research work.The sub-recipient or subcontractor will
retain all rights provided for the Recipient in this provision, and the Recipient will not, as part of the consideration for awarding Q
the sub-agreement or subcontract, obtain rights in the sub-recipient's or subcontractor's subject inventions. i
W
(h) Reporting on Utilization of Subject Inventions.The Recipient agrees to submit on request periodic reports no more 0
frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made a
by the Recipient or its licensees or assignees. Such reports shall include information regarding the status of development, date t
of first commercial sale or use, gross royalties received by the Recipient, and such other data and information as the National
Park Service may reasonably specify.The Recipient also agrees to provide additional reports as may be requested by the
National Park Service in connection with any march-in proceeding undertaken by the National Park Service in accordance with 0
paragraph Q)of this provision.As required by 35 U.S.C. 202(c)(5), the National Park Service agrees it will not disclose such
information to persons outside the government without permission of the Recipient.
c
0
(i) Preference for United States Industry. Notwithstanding any other part of this provision,the Recipient agrees that neither
it nor any assignee will grant to any person the exclusive right to use or sell any subject inventions in the United States unless
such person agrees that any products embodying the subject invention or produced through the use of the subject invention y
will be manufactured substantially in the United States. However, in individual cases,the requirement for such an agreement
may be waived by the National Park Service upon a showing by the Recipient or its assignee that reasonable but unsuccessful U
efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible. 0
c
March-in Rights.The Recipient agrees that with respect to an subject invention in which it has acquired title,the National 0
U) g p� 9 p Y 1 q
Park Service has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the
National Park Service to require the Recipient, an assignee or exclusive licensee of a subject invention to grant a ci
nonexclusive, partially exclusive, or exclusive license in any field of use to a responsible applicant or applicants, upon terms m
that are reasonable under the circumstances, and if the Recipient, assignee, or exclusive licensee refuses such a request the C
National Park Service has the right to grant such a license itself if the National Park Service determines that: 0
r
a�
c
(1)Such action is necessary because the Recipient or assignee has not taken, or is not expected to take within a reasonable t
time, effective steps to achieve practical application of the subject invention in such field of use.
(2)Such action is necessary to alleviate health or safety needs,which are not reasonably satisfied by the Recipient, assignee
or their licensees; LO
M
(3)Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are
r
not reasonably satisfied by the Recipient, assignee or licensees; or
t
(4)Such action is necessary because the agreement required by paragraph (i)of this provision has not been obtained or W
waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such
agreement.
m
a
(k)Special Provisions for Agreements with Nonprofit Organizations.
d
If the Recipient is a nonprofit organization, it agrees that:
(1) Rights to a subject invention in the United States may not be assigned without the approval of the National Park Service,
except where such assignment is made to an organization which has as one of its primary functions the management of L
inventions, provided that such assignee will be subject to the same provisions as the Recipient;
0
(2)The Recipient will share royalties collected on a subject invention with the inventor, including Federal employee co- W
inventors(when the National Park Service deems it appropriate)when the subject invention is assigned in accordance with 35 to
U.S.C. 202(e)and 37 CFR 401.10;
(3)The balance of any royalties or income earned by the Recipient with respect to subject inventions, after payment of a
expenses(including payments to inventors) incidental to the administration of subject inventions,will be utilized for the support };
of scientific research or education; and C
W
E
(4) It will make efforts that are reasonable under the circumstances to attract licensees of subject invention that are small
business firms and that it will give a preference to a small business firm when licensing a subject invention if the Recipient
determines that the small business firm has a plan or proposal for marketing the invention which, if executed, is equally as Q
likely to bring the invention to practical application as any plans or proposals from applicants that are not small business firms;
provided,that the Recipient is also satisfied that the small business firm has the capability and resources to carry out its plan
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 109
8.H.a
or proposal. The decision whether to give a preference in any specific case will be at the discretion of the Recipient. However,
the Recipient agrees that the National Park Service may review the Recipient's licensing program and decisions regarding
small business applicants, and the Recipient will negotiate changes to its licensing policies, procedures, or practices with the
National Park Service when this review discloses that the Recipient could take reasonable steps to implement more effectively
the requirements of this paragraph (k)(4). o
N
(1)Communication.Communications regarding matters relating to this provision shall be directed to the Deputy Associate
Solicitor, Branch of Procurements and Patents, Office of the Solicitor, U.S. Department of the Interior, 1849 C Street NW,
Washington, D.C. 20240. Q
L
ARTICLE XXI-ENSURING THE FUTURE IS MADE IN ALL OF AMERICA BY ALL OF AMERICA'S WORKERS PER E.O. o
L
14005 d
Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by All of America's Workers"the Recipient
shall maximize the use of goods, products, and materials produced in, and services offered in, the United States, and
whenever possible, procure goods, products, materials, and services from sources that will help American businesses
compete in strategic industries and help America's workers thrive. .2
O
c
ARTICLE XXII-SECTION 508 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. 794(d))
While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d), do not apply to
financial assistance agreements, the NPS is subject to the Act's requirements that all documents posted on an NPS or NPS-
N
hosted website comply with the accessibility standards of the Act.Accordingly,final deliverable reports prepared under this c
agreement and submitted in electronic format must be submitted in a format whereby NPS can easily meet the requirements V
of Section 508 of the Rehabilitation Act of 1973, as amended. NOTE: Quarterly Progress Reports and financial reports are not
considered final deliverables and therefore the following requirements do not apply.
c
All electronic documents prepared under this Agreement must meet the requirements of Section 508 of the Rehabilitation Act
of 1973, as amended. The Act requires that all electronic products prepared for the Federal Government be accessible to
a�
persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments. View Section 508 of the ci
Rehabilitation Act, Standards and Guidelines for detailed information.
c
The following summarizes some of the requirements for preparing NPS reports in conformance with Section 508 for eventual r
posting by NPS to an NPS-sponsored website. For specific detailed guidance and checklists for creating accessible digital
c
content, please go to Section 508.gov, Create Accessible Digital Products.All accessible digital content must conform to the
requirements and techniques of the Web Content Accessibility Guidelines(WCAG)2.0 or later, Level AA Success Criteria. N
A. Electronic documents with images
Provide a text equivalent for every non-text element(including photographs, charts and equations)in all publicationsLO
prepared in electronic format. Use descriptions such as"alt"and "longdesc"for all non-text images or place them in M
element content. For all documents prepared,vendors must prepare one standard HTML format as described in this
statement of work AND one text format that includes descriptions for all non-text images. "Text equivalent" means text
sufficient to reasonably describe the image. Images that are merely decorative require only a very brief"text
equivalent"description. However, images that convey information that is important to the content of the report require K
w
text sufficient to reasonably describe that image and its purpose within the context of the report.
B. Electronic documents with complex charts or data tables a
When preparing tables that are heavily designed, prepare adequate alternate information so that assistive a
technologies can read them out. Identify row and column headers for data tables. Provide the information in a non-
linear form. Markups will be used to associate data cells and header cells for data tables that have two or more logical
levels of row and column headers.
c
C. Electronic documents with forms L
When electronic forms are designed to be completed on-line,the form will allow people using assistive technology to a
access the information,field elements, and functionality required for completion and submission of the form, including c
all directions and cues. V
ARTICLE XXIII-GEOSPATIAL DATA a
Geospatial Data Act of 2018, Pub. L. 115-254, Subtitle F—Geospatial Data, §§751-759C, codified at 43 U.S.C. §§2801-2811 a
-Federal recipient collection of geospatial data through the use of the Department of the Interior financial assistance funds
requires a due diligence search at the GeoPlatform.gov list of datasets to discover whether the needed geospatial-related
data, products, or services already exist. If the required data set already exists,the recipient must use it. If the required data is
not already available,the recipient must produce the proposed geospatial data, products, or services in compliance with
applicable proposed guidance and standards established by the Federal Geospatial Data Committee(FGDC)posted at
www.fgdc.gov. Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 110
8.H.a
Recipients must submit a digital copy of all GIS data produced or collected as part of the award funds to the bureau or office
via email or data transfer.All GIS data files shall be in open format.All delineated GIS data(points, lines or polygons)should
be established in compliance with the approved open data standards with complete feature level metadata.
c
0
ARTICLE XXIV-GENERAL AND SPECIAL PROVISIONS N
1) Lobbying Prohibition. 18 U.S.C. §1913, Lobbying with Appropriated Moneys, as amended by Public Law a
107-273, Nov. 2, 2002 Violations of this section shall constitute violations of section 1352(a)of title 31. In U
addition,the related restrictions on the use of appropriated funds found in Div. F, §402 of the Omnibus
Appropriations Act of 2008(P.L. 110-161)also apply.
W
Q.
2) Anti-Deficiency Act. Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed 0
as binding the NPS to expend in any one fiscal year any sum in excess of appropriations made by Congress, d
for the purposes of this Agreement for that fiscal year, or other obligation for the further expenditure of
money in excess of such appropriations.
a�
3) Minority Business Enterprise Development. Pursuant to Executive Order 12432 it is national policy to ;-
award a fair share of contracts to small and minority firms. NPS is strongly committed to the objectives of this p
policy and encourages all recipients of its Cooperative Agreements to take affirmative steps to ensure such c
fairness by ensuring procurement procedures are carried out in accordance with the Executive Order. 0
r
0
4) Assignment. No part of this Agreement shall be assigned to any other party without prior written approval of
the NPS and the Assignee. N
c
0
5) Member of Congress. Pursuant to 41 U.S.C. §22, no Member of Congress shall be admitted to any share V
or part of any contract or agreement made, entered into, or adopted by or on behalf of the United States, or c
to any benefit to arise thereupon.
c
0
6) Agency.The Recipient is not an agent or representative of the United States,the Department of the Interior,
NPS, or the Park, nor will the Recipient represent its self as such to third parties. NPS employees are not W
agents of the Recipient and will not act on behalf of the Recipient. L)
7) Non-Exclusive Agreement.This Agreement in no way restricts the Recipient or NPS from entering into
0
similar agreements, or participating in similar activities or arrangements,with other public or private
agencies, organizations, or individuals.
t
N
8) Partial Invalidity. If any provision of this Agreement or the application thereof to any party or circumstance
shall,to any extent, be held invalid or unenforceable,the remainder of this Agreement or the application of
such provision to the parties or circumstances other than those to which it is held invalid or unenforceable,
shall not be affected thereby and each provision of this Agreement shall be valid and be enforced to the �
fullest extent permitted by law.
r
9) No Employment Relationship.This Agreement is not intended to and shall not be construed to create an
employment relationship between NPS and Recipient or its representatives. No representative of Recipient K
shall perform any function or make any decision properly reserved by law or policy to the Federal w
government.
m
10) No Third-Party Rights.This Agreement creates enforceable obligations between only NPS and Recipient. o
Except as expressly provided herein, it is not intended nor shall it be construed to create any right of a
enforcement by or any duties or obligation in favor of persons or entities not a party to this Agreement.
0
11) Program Income. If the Recipient earns program income, as defined in 2 CFR§200.80, during the period of
performance of this agreement,to the extent available the Recipient must disburse funds available from
0
program income, and interest earned on such funds, before requesting additional cash payments(2 L
CFR§200.305(5)).As allowed under 2 CFR§200.307, program income may be added to the Federal award c
by the Federal agency and the non-Federal entity.The program income must be used for the purposes, and
under the conditions of,the Federal award. Disposition of program income remaining after the end of the
period of performance shall be negotiated as part of the agreement closeout process. U)
12) Rights in Data.The Recipient must grant the United States of America a royalty-free, non-exclusive and a
irrevocable license to publish, reproduce and use, and dispose of in any manner and for any purpose without a-
limitation, and to authorize or ratify publication, reproduction or use by others, of all copyrightable material
first produced or composed under this Agreement by the Recipient, its employees or any individual or 0
concern specifically employed or assigned to originate and prepare such material. t
ca
13) Conflict of Interest Q
a) Applicability.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 111
8.H.a
1. This section intends to ensure that non-Federal entities and their employees take
appropriate steps to avoid conflicts of interest in their responsibilities under or with respect
to Federal financial assistance agreements.
c
2. In the procurement of supplies, equipment, construction, and services by recipients and by O
subrecipients,the conflict of interest provisions in 2 CFR§200.318 apply. N
b) Requirements.
Q
1. Non-Federal entities must avoid prohibited conflicts of interest, including any significant
financial interests that could cause a reasonable person to question the recipient's ability to W
CL
provide impartial,technically sound, and objective performance under or with respect to a O
Federal financial assistance agreement. a-
t
2. In addition to any other prohibitions that may apply with respect to conflicts of interest, no
key official of an actual or proposed recipient or subrecipient, who is substantially involved
in the proposal or project, may have been a former Federal employee who,within the last 0
one(1)year, participated personally and substantially in the evaluation, award, or
administration of an award with respect to that recipient or subrecipient or in development
of the requirement leading to the funding announcement. p
r
M
3. No actual or prospective recipient or subrecipient may solicit, obtain, or use non-public
information regarding the evaluation, award, or administration of an award to that recipient y
or subrecipient or the development of a Federal financial assistance opportunity that may
be of competitive interest to that recipient or subrecipient. U
c) Notification. M
c
1. Non-Federal entities, including applicants for financial assistance awards, must disclose in
writing any conflict of interest to the DOI awarding agency or pass-through entity in
accordance with 2 CFR§200.112, Conflicts of interest. ci
m
d) Recipients must establish internal controls that include, at a minimum, procedures to identify,
disclose, and mitigate or eliminate identified conflicts of interest.The recipient is responsible for 0
r
notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during
the life of the award, including those that have been reported by subrecipients. Restrictions on t
Lobbying. Non-Federal entities are strictly prohibited from using funds under this grant or
cooperative agreement for lobbying activities and must provide the required certifications and
disclosures pursuant to 43 CFR Part 18 and 31 USC§ 1352.
LO
e) Review Procedures. The Financial Assistance Officer will examine each conflict of interest M
disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative
r
agreement, and will determine whether a significant potential conflict exists and, if it does, develop
an appropriate means for resolving it.
w
f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the Government may >,
be cause for termination of the award. Failure to make required disclosures may result in any of the
m
remedies described in 2 CFR§200.338, Remedies for Noncompliance, including suspension or o
debarment(see also 2 CFR Part 180). a
ARTICLE XXV-BUILD AMERICA, BUY AMERICA
Note:This term effective as of January 13, 2023. For more information on DOI's approved waiver, see:
https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.
0
As required by Section 70914 of the Bipartisan Infrastructure Law(also known as the Infrastructure Investment and Jobs Act), L)
P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance W
program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States, unless subject to an approved waiver.The requirements of o
this section must be included in all subawards, including all contracts and purchase orders for work or products under this a
program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this a
award may be used for a project for infrastructure unless:
W
1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, t
from the initial melting stage through the application of coatings, occurred in the United States;
ca
2. all manufactured products used in the project are produced in the United States—this means the manufactured Q
product was manufactured in the United States; and the cost of the components of the manufactured product that are
mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 112
8.H.a
of the manufactured product, unless another standard for determining the minimum amount of domestic content of the
manufactured product has been established under applicable law or regulation; and
3. all construction materials are manufactured in the United States—this means that all manufacturing processes for
the construction material occurred in the United States. 0
N
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed
to an infrastructure project.As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding,
brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Q
preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment,that are i
used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the Q.
infrastructure project. 0
L
For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica.Additional t
information can also be found at the White House Made in America Office website:
https://www.whitehouse.gov/omb/management/made-in-america
a�
Waivers
When necessary, recipients may apply for, and the Department of the Interior(DOI)may grant, a waiver from these 0
requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content 0
procurement preference in any case in which it is determined that one of the below circumstances applies:
1. Non-availability Waiver:the types of iron, steel, manufactured products, or construction materials are not produced y
in the United States in sufficient and reasonably available quantities or of a satisfactory quality;
0
U
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced
in the United States will increase the cost of the overall project by more than 25 percent; or 0
c
3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public
interest. f°
a�
L
V
There may be instances where an award qualifies, in whole or in part,for an existing DOI general applicability waiver as m
described at: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers.
0
r
If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing
general applicability waiver within the limitations defined within the waiver,the recipient is not required to request a separate t
waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of
the above circumstances applies to an award, a request to waive the application of the domestic content procurement
preference may be submitted to the financial assistance awarding officer in writing.Waiver requests shall include the below
information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their LO
waiver request.Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment M
periods of no less than 15 days.Waiver requests will also be reviewed by the Made in America Office.
r
1. Type of waiver requested (non-availability, unreasonable cost,or public interest). t
2. Requesting entity and Unique Entity Identifier(UEI)submitting the reques i j
3. Department of Interior Bureau or Office who issued the award. >,
4. Federal financial assistance listing name and number(reference block 2 on DOI Notice of Award)
m
5. Financial assistance title of project(reference block 8 on DOI Notice of Award). o
6. Federal Award Identification Number(FAIN). a
7. Federal funding amount(reference block 11.m. on DO Notice of Award).
8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).
9. Infrastructure project description(s)and location(s)(to the extent known).
10. List of iron or steel item(s), manufactured goods, and construction material(s)the recipient seeks to waive from
Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code L
for each.
11.A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms
included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. W
12.A statement of waiver justification, including a description of efforts made (e.g., market research, industry to
outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable,the
absence of any Buy America-compliant bids received in response to a solicitation. a
13.Anticipated impact if no waiver is issued.Approved waivers will be posted at a-
https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their };
waiver request determination by an awarding officer
E
Questions pertaining to waivers should be directed to the financial assistance awarding officer.
ca
Definitions Q
"Construction materials"includes an article, material, or supply that is or consists primarily of:
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 113
8.H.a
A. non-ferrous metals;
B. plastic and polymer-based products(including polyvinylchloride, composite building materials, and polymers used in
fiber optic cables); r_
0
C. glass (including optic glass); N
D. lumber; or a
U
Q
E. drywall.
L
"Construction Materials"does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or 0
aggregate binding agents or additives. a-
t
"Domestic content procurement preference" means all iron and steel used in the project are produced in the United States;the
manufactured products used in the project are produced in the United States; or the construction materials used in the project 0
are produced in the United States. 0
E
"Infrastructure"includes, at a minimum, the structures,facilities, and equipment for, in the United States, roads, highways, and 0
bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; 0
freight and intermodal facilities; airports;water systems, including drinking water and wastewater systems; electrical
transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes
facilities that generate,transport, and distribute energy. N
c
"Project" means the construction, alteration, maintenance, or repair of infrastructure in the United States U
c
0
ATTACHMENTS
0
The following completed documents are attached to and made a part of this Agreement by reference:
a�
L
Attachment A. LWCF General Provisions
m
Attachment B. LWCF Federal Financial Assistance Manual (v. 71, March 11, 2021)
Attachment C. Project Application and Attachments
0
Attachment D. 36 C.F.R. Part 59
c
t
N
ATTACHMENT A—LWCF GENERAL PROVISIONS-PART I
Definitions
LO
A. The term "NPS"as used herein means the National Park Service, United States Department of the Interior(DOI). M
B. The term "Director"as used herein means the Director of the National Park Service, or any representative lawfully
delegated the authority to act for such Director.
K
w
C. The term "Secretary"as used herein means the Secretary of the Interior, or any representative lawfully delegated the >%
authority to act for such Secretary.
a
D. The term "State"as used herein means the State, Territory,or District of Columbia that is a party to the grant a
agreement to which these general provisions are attached, and,when applicable,the political subdivision or other
public agency to which funds are to be subawarded pursuant to this agreement.Wherever a term, condition,
obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the
political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or
requirement that it applies solely to the State. For purposes of these provisions, the terms"State,""grantee,"and L
"recipient"are deemed synonymous. t9
0
E. The term"Land and Water Conservation Fund"or"LWCF"as used herein means the Financial Assistance to States V
section of the LWCF Act(Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. §2003),which is administered by the to
NPS.
F. The term "Manual"as used herein means the Land and Water Conservation Fund State Assistance Program Manual, a-
Volume 71 (March 11, 2021).
c
G. The term "project'as used herein refers to an LWCF grant,which is subject to the grant agreement and/or its
subsequent amendments.
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 114
8.H.a
ATTACHMENT A—LWCF GENERAL PROVISIONS-PART II
Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the project creates an obligation o
to maintain the property described in the agreement and supporting application documentation consistent with the LWCF Act },
and the following requirements. N
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance will use the monies granted Q
hereunder for the purposes of this program, and that assistance granted from the LWCF will result in a net increase,
commensurate at least with the Federal cost-share, in a participant's outdoor recreation.
W
Q-
It is intended by both parties hereto that the LWCF assistance will be added to, rather than replace or be substituted for,the 0
L
State and/or local outdoor recreation funds. d
t
r
A. The State agrees, as the recipient of the LWCF assistance,that it will meet these LWCF General Provisions, and the
terms and provisions as contained or referenced in, or attached to,the NPS grant agreement and that it will further y
impose these terms and provisions upon any political subdivision or public agency to which funds are subawarded .2
pursuant to the grant agreement. The State also agrees that it shall be responsible for compliance with the terms and O
provisions of the agreement by such a political subdivision or public agency and that failure by such political C
subdivision or public agency to so comply shall be deemed a failure by the State to comply. 0
r
B. The State agrees that the property described in the grant agreement and depicted on the signed and dated project
boundary map made part of that agreement is being acquired or developed with LWCF assistance, or is integral to
such acquisition or development, and that,without the approval of the Secretary, it shall not be converted to other 0
than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of v
the lease in the case of property leased from a federal agency. The Secretary shall approve such a conversion only if
it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such
conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market 0
value and of reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-completion
compliance regulations at 36 C.F.R. Part 59 provide further requirements.The replacement land then becomes
subject to LWCF protection.The approval of a conversion shall be at the sole discretion of the Secretary, or her/his L)
m
designee.
c
Prior to the completion of this project,the State and the Director may mutually agree to alter the area described in the 0
grant agreement and depicted in the signed and dated project boundary map to provide the most satisfactory public c_
outdoor recreation unit, except that acquired parcels are afforded LWCF protection as soon as reimbursement is
provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of property with full
knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to LO
other than public outdoor recreation use as a result of such right or interest being exercised will occur. In receipt of
this approval, the State agrees to notify the NPS of the potential conversion as soon as possible and to seek approval
of replacement property in accord with the conditions set forth in these provisions and the program regulations.The
provisions of this paragraph are also applicable to: leased properties developed with LWCF assistance where such
K
lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the w
NPS; and properties subject to other outstanding rights and interests that may result in a conversion when known and
agreed to by the NPS. a
0
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the a-
terms of this agreement is the preservation, protection, and the net increase in the quality and quantity of public
outdoor recreation facilities and resources that are available to the people of the State and of the United States, and
such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United
States by way of assistance under the terms of this agreement.The State agrees that payment by the State to the
United States of an amount equal to the amount of assistance extended under this agreement by the United States
would be inadequate compensation to the United States for any breach by the State of this agreement. c
U
The State further agrees,therefore,that the appropriate remedy in the event of a breach by the State of this W
agreement shall be the specific performance of this agreement or the submission and approval of a conversion U)
request as described in Part 11.13 above. o
a
D. The State agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are d
incorporated into and made a part of the grant agreement.
W
E. The State agrees that the property and facilities described in the grant agreement shall be operated and maintained E
as prescribed by Manual requirements and published post-completion compliance regulations(36 C.F.R Part 59). 00a
F. The State agrees that a notice of the grant agreement shall be recorded in the public property records(e.g., registry Q
of deeds or similar)of the jurisdiction in which the property is located, to the effect that the property described and
shown in the scope of the grant agreement and the signed and dated project boundary map made part of that
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 115
8.H.a
agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than
public outdoor recreation use without the written approval of the Secretary as described in Part 11.13 above.
G. Nondiscrimination 0
0
1) By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to N
nondiscrimination as outlined in Section V of the Department of the Interior Standard Award Terms and
Conditions. a
U
Q
2) The State shall not discriminate against any person on the basis of residence, except to the extent that
reasonable differences in admission or other fees may be maintained on the basis of residence, as set forth Q.
in 54 U.S.C. §200305(i)and the Manual. 0
L
r
ATTACHMENT A—LWCF GENERAL PROVISIONS-PART III
Project Assurances
A. Project Application p
c
1) The Application for Federal Assistance bearing the same project number as the Grant Agreement and 0
r
associated documents is by this reference made a part of the agreement. 0
a�
2) The State possesses legal authority to apply for the grant, and to finance and construct the proposed N
c
facilities.A resolution, motion, or similar action has been duly adopted or passed authorizing the filing of the 0
application, including all understandings and assurances contained herein, and directing and authorizing the U
person identified as the official representative of the State to act in connection with the application and to c
provide such additional information as may be required.
c
0
3) The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will
be available to assure effective operation and maintenance of the facilities acquired or developed by the
project. L)
B. Project Execution
0
r
am
1) The State shall transfer to the project sponsor identified in the Application for Federal Assistance all funds
granted hereunder except those reimbursed to the State to cover eligible expenses derived from a current w
approved negotiated indirect cost rate agreement.
2) The State will cause work on the project to start within a reasonable time after receipt of notification that
LO
funds have been approved and assure that the project will be implemented to completion with reasonable
diligence.
r
3) The State shall secure completion of the work in accordance with approved construction plans and
specifications, and shall secure compliance with all applicable Federal, State, and local laws and regulations. K
w
4) The State will provide for and maintain competent and adequate architectural/engineering supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and a
specifications; that it will furnish progress reports and such other information as the NPS may require. o
d
5) In the event the project cannot be completed in accordance with the plans and specifications for the project,
the State shall bring the project to a point of recreational usefulness agreed upon by the State and the 0
Director or her/his designee in accord with Section III.0 below.
c
0
6) As referenced in the DOI Standard Terms and Conditions,the State will ensure the project's compliance with
applicable federal laws and their implementing regulations, including: the Architectural Barriers Act of 1968 c
(P.L. 90-480)and DOI's Section 504 Regulations(43 CFR Part 17); the Uniform Relocation Assistance and L)
Real Property Acquisition Policies Act of 1970 (P.L. 91-646)and applicable regulations; and the Flood W
Disaster Protection Act of 1973 (P.L. 93-234).
7) The State will comply with the provisions of: Executive Order(EO) 11988, relating to evaluation of flood a
hazards; EO 11288, relating to the prevention, control, and abatement or water pollution, and EO 11990 a
relating to the protection of wetlands.
W
8) The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of t
1966(54 U.S.C. §306108)and the Advisory Council on Historic Preservation regulations(36 C.F.R. Part 0
ca
800)by adhering to procedural requirements while considering the effect of this grant award on historic Q
properties. The Act requires federal agencies to take into account the effects of their undertaking (grant
award)on historic properties by following the process outlined in regulations. That process includes(1)
initiating the process through consultation with the State Historic Preservation Officer and others on the
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 116
8.H.a
undertaking, as necessary, by(2) identifying historic properties listed on or eligible for inclusion on the
National Register of Historic Places that are subject to effects by the undertaking, and notifying the NPS of
the existence of any such properties, by(3)assessing the effects of the undertaking upon such properties, if
present, and by(4)resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking,the State in 0
coordination with NPS shall consult per provisions of 36 C.F.R. §800.13. N
9) The State will assist the NPS in its compliance with the National Environmental Policy Act of 1969, as
amended (42 U.S.C. §4321 et seq)and the CEQ regulations (40 C.F.R. §1500-1508), by adhering to Q
procedural requirements while considering the consequences of this project on the human environment.This i
Act requires Federal agencies to take into account the reasonably foreseeable environmental consequences Q.
of all grant-supported activities. Grantees are required to provide the NPS with a description of any 0
foreseeable impacts to the environment from grant-supported activities or demonstrate that no impacts will a
occur through documentation provided to the NPS. The applicant must submit an Application &Revision t
Form in order to assist the NPS in determining the appropriate NEPA pathway when grant-assisted
development and other ground disturbing activities are expected. If a Categorical Exclusion (CE)is the
appropriate NEPA pathway,the NPS will confirm which CE, according to NPS Director's Order 12, applies. 0
E
C. Project Termination 0
c
0
1) The Director may temporarily suspend Federal assistance under the project pending corrective action by the
State or pending a decision to terminate the grant by the NPS.
a�
N
2) The State may unilaterally terminate the project at any time prior to the first payment on the project.After the
initial payment,the project may be terminated, modified, or amended by the State only by mutual agreement U
with the NPS.
c
3) The Director may terminate the project in whole, or in part, at any time before the date of completion o
whenever it is determined that the grantee has failed to comply with the conditions of the grant.The Director .2
will promptly notify the State in writing of the determination and the reasons for the termination, together with M
the effective date. Payments made to States or recoveries by the NPS under projects terminated for cause U
shall be in accord with the legal rights and liabilities of the parties.
c
4) The Director or State may terminate grants in whole or in part at any time before the date of completion when $
both parties agree that the continuation of the project would not produce beneficial results commensurate
with the further expenditure of funds.The two parties shall agree upon the termination conditions, including t
the effective date and, in the case of partial termination, the portion to be terminated.The grantee shall not
incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding 3:
obligations as possible.The NPS may allow full credit to the State for the Federal share of the non-
cancelable obligations, properly incurred by the grantee prior to termination. LO
M
5) Termination either for cause or for convenience requires that the project in question be brought to a state of
r
recreational usefulness agreed upon by the State and the Director or that all funds provided by the NPS be
returned. t
K
w
D. Project Closeout >,
m
1) The State will determine that all applicable administrative actions, including financial, and all required work o
as described in the grant agreement has been completed by the end of the project's period of performance. a
2) Within 120 calendar days after completing the project or following the Expiration Date of the period of
performance,whichever comes first, the State will submit all required documentation as outlined in the
Manual and the Federal Financial Report(SF-425)as outlined in Article XIV of this Agreement for approval
by the NPS prior to requesting final reimbursement. L
3) After review, including any adjustments, and approval from the NPS,the State will request through ASAP the
final allowable payment of reimbursable costs.The State will submit a completed"LWCF Record of W
Electronic Payment"form to the NPS within 24 hours(before or after)of initiating the request for payment in to
ASAP.
IL
4) The NPS retains the right to disallow costs and recover funds on the basis of later audit or other review a-
within the record retention period. };
c
a�
E
t
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 117
.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1479A
Project Title: Ruth Property at Clark Lake Park Approval Date:09/21/2023 0
Standard Terms and Conditions of the Recreation and a
a
Conservation Office
0
L
Table of Contents
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE....................................................................................................21
CITATIONS, HEADINGS AND DEFINITIONS ............................................................................................................................21
PERFORMANCE BY THE SPONSOR........................................................................................................................................24 0
ASSIGNMENT.............................................................................................................................................................................24
0
RESPONSIBILITY FOR PROJECT.............................................................................................................................................24
INDEMNIFICATION.....................................................................................................................................................................24
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................25 N
CONFLICT OF INTEREST..........................................................................................................................................................25 c
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................25 0
U
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................26
RECORDS...................................................................................................................................................................................27
PROJECTFUNDING...................................................................................................................................................................27
PROJECT REIMBURSEMENTS.................................................................................................................................................28 0
RECOVERYOF PAYMENTS......................................................................................................................................................29
a�
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................29
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................29 m
PROCUREMENT REQUIREMENTS...........................................................................................................................................30
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................30 0
RIGHT OF INSPECTION.............................................................................................................................................................31 c
STEWARDSHIP AND MONITORING .........................................................................................................................................31 t
PREFERENCES FOR RESIDENTS............................................................................................................................................31
ACKNOWLEDGMENT AND SIGNS............................................................................................................................................31
PROVISIONS APPLYING TO ACQUISITION PROJECTS.........................................................................................................31
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................33
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS .....................................................33 M
RECORDED NOTICE OF GRANT..............................................................................................................................................34
PROVISIONS FOR FEDERAL SUBAWARDS............................................................................................................................34
PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS........................................................................36 t
ORDEROF PRECEDENCE........................................................................................................................................................36 x
LU
LIMITATION OF AUTHORITY.....................................................................................................................................................37 >,
WAIVEROF DEFAULT...............................................................................................................................................................37
APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH.....................................37 Q
SPECIFIC PERFORMANCE.......................................................................................................................................................37 0-
TERMINATION AND SUSPENSION...........................................................................................................................................37 d
DISPUTEHEARING....................................................................................................................................................................38
ATTORNEYS' FEES....................................................................................................................................................................39 w
GOVERNINGLAW/VENUE.........................................................................................................................................................39
c
SEVERABILITY...........................................................................................................................................................................39 L
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................39 C9
0
U
IL
a
r
c
a�
E
R
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 118
8.H.a
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 08/22/2023.
0
N
CITATIONS, HEADINGS AND DEFINITIONS a
U
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the Q
effective date of any amendment thereto. >+
L
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of o
this Agreement. d
t
C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below:
acquisition project—A project that purchases or receives a donation of a right to or in real property including, but W
not limited to,fee simple land acquisition, conservation easement, access/trail/recreational easements, covenants, O
leases,water rights, and mineral rights.
c
0
Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT"
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
N
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement c
subject to any limitations on their effect under this Agreement. V
applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement,
subject(if applicable)to substitution of the"RCO director"for the term"board"in those manuals where the project is c
not approved by or funded by the referenced board, or a predecessor to the board. o
c�
a�
applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their U
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, m
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. r
Im
c
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for
the grant application or request for funds in question. N
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 projectLO
information system, and other documents as noted on the application checklist including but not limited to legal M
opinions, maps, plans, evaluation presentations and scripts.
r
Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.)
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person K
w
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R.—Code of Federal Regulations a
0
L
completed project or project completion—The status of a project when all of the following have occurred: a-
m
0
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO. L
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO. c
U
• A final reimbursement request has been delivered to and paid by RCO. W
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have U)
been recorded (as may apply). ,
IL
a-
contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement. 0
E
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project
area are changed to a use other than that for which funds were approved,without obtaining prior written formal RCO f°
or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in Q
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 119
8.H.a
cure.
Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places. r_
0
director—The chief executive officer of the Recreation and Conservation Office or that person's designee. N
effective date—The date when the signatures of all parties to this agreement are present in the agreement.
Q
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 Q.
established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)). 0
L
funding board or board—The Washington State Recreation and Conservation Funding Board, or the Washington t
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. 0
grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category 0
within a larger grant program, or a federal source. 0
r
0
indirect cost—Costs incurred for a common or joint purpose benefitting more than one cost objective, and not
readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved y
(2 C.F.R. 200 as updated).
0
U
long-term compliance period—The term of years, beginning on the end date of the agreement,when long-term
obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by 0
RCO per the Agreement. 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. ci
m
match or matching share—The portion of the total project cost provided by the Sponsor.
0
r
milestone—An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment. t
N
R
Office—Means the Recreation and Conservation Office or RCO.
notice of grant—As required by RCO or another authority, a document that has been legally recorded on the LO
property title of the project area(s)in the county or counties where the project property is located, or with the United M
States Government,that describes the project area on the property,the funding sources, and agencies responsible
r
for awarding the grant.
t
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal w
program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. >,
m
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. a
0
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement W
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, L
submitting reports). Primary Sponsor includes its officers, employees, agents and successors.
0
project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by W
RCO. to
project area-A geographic area that delineates a grant assisted site which is subject to project agreement a
requirements. a
project completion or completed project—The status of a project when all of the following have occurred:
E
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO. Q
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 120
8.H.a
• 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).
c
0
project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary N
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally
funded projects). U
Q
project end date—The specific date identified in the Agreement on which the period of performance ends, as may i
be changed by amendment. This date is not the end date for any long-term obligations. M
CL
project start date—The specific date identified in the Agreement on which the period of performance starts. a
t
r
RCFB—Recreation and Conservation Funding Board
a�
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this V
Agreement. RCO includes the director and staff.
c
RCW—Revised Code of Washington 0
r
0
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. N
c
0
renovation project—A project intended to improve an existing site or structure in order to increase its useful service V
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life. M
c
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. 0
L
V
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
c
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, 0
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. t
N
R
subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include LO
payments to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the w
Project Funding Section.
m
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal Q-
0
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal a
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
Agreement is a federal subaward,the Sponsor is the subrecipient.
c
tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and V
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes W
responding to any tribal request from such tribes and considering tribal recommendations for project implementation U)
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the ,
project or not implementing the project, all of which RCO shall have the final approval of.
IL
a-
useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. 0
E
WAC—Washington Administrative Code.
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 121
8.H.a
PERFORMANCE BY THE SPONSOR
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 o
reference as if fully set forth herein. .
N
Timely completion of the project and submission of required documents, including progress and final reports, is important.
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. Q
L
ASSIGNMENT Q.
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 art an property right, or alter a
p pp p g� g party Y p p Y g t
a conveyance (see below)for the project area acquired with this grant without prior approval of the RCO.
a�
RESPONSIBILITY FOR PROJECT
Although RCO administers the grant that is the subject of this Agreement,the project itself remains the sole responsibility of C
the Sponsor.The RCO and Funding Entity(if different from the RCO) undertakes no responsibilities to the Sponsor, or to any 0
third party, other than as is expressly set out in this Agreement.
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit u°)i
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 0
Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations V
unless otherwise stated in this Agreement.
c
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
0
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design,
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor 4)
and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any U
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay W
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the o
project apparently is proceeding or has been completed as per the Agreement. r
a�
c
t
N
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 arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this M
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors,or vendors, of any tier, or any --
other persons for whom the Sponsor may be legally liable.
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State K
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable.
m
a
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the o
Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and a-
enforceable only to the extent of the Sponsor's negligence or its agents, or employees.
0
As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, o
any claims by Sponsor's employees directly against Sponsor. V
W
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 p
provided herein as if it were the Sponsor.This shall not apply to a contractor or subcontractor is solely donating its services to a
the project without compensation or other substantial consideration.
c
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 t
allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or c0a
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any Q
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 122
8.H.a
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and
employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for 0
whom the Sponsor may be legally liable. N
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. Q
L
INDEPENDENT CAPACITY OF THE SPONSOR o
L
The Sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the RCO d
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 3
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, insurance, or deductions of any kind required by p
federal, state, and/or local laws. c
0
r
CONFLICT OF INTEREST
N
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written c
notice to the Sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation V
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. M
c
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the 0
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO
a�
provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this ci
Agreement. m
c
0
r
COMPLIANCE WITH APPLICABLE LAW
c
In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without
N
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other
applicable laws,the following laws:
A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination LO
laws and/or policies, including but not limited to:the Americans with Disabilities Act; Civil Rights Act; and the Age
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with r
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 w
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 a
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." 0
L
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or m
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
c
C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the L
�
United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor c
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing L)
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as U)
required by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries. a
a-
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 t
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.
Q
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,
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 123
8.H.a
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature. o
N
E. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that neither it nor its
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Q
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." Q.
0
L
ARCHAEOLOGICAL AND CULTURAL RESOURCES r
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below.The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply.
O
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects c
occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective 0
r
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially 0
historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and N
c
cultural resources responsibilities of such state or federal landowner or manager has been conducted. 0
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and c
cultural resources.
c
0
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any 4)
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, L)
or avoid impacts to archaeology and cultural resource impacts or concerns.All cultural resources requirements for
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement.
0
r
0)
D. 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 w
such minimization and mitigation.All federal or state cultural resources requirements under Governor's Executive M
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 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.
t
x
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for w
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the
Sponsor. a
0
F. Inadvertent Discovery Plan.The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery a
Plan, and:
0
1) Keep the IDP at the project site.
c
0
2) Make the IDP readily available to anyone working at the project site.
0
3) Discuss the IDP with staff and contractors working at the project site. L)
4) Implement the IDP when cultural resources or human remains are found at the project site. U)
G. Inadvertent Discovery a
a-
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic (D
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further t
disturbance to the archeological or historic resources.
ca
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately Q
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 124
8.H.a
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.
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
the Department of Archaeology and Historic Preservation (DAHP). 0
N
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and
make a determination of whether those remains are forensic or non-forensic. If the county medical
examiner/coroner determines the remains are non-forensic,then they will report that finding to the Q
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over i
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The Q.
State Physical Anthropologist will make a determination of whether the remains are Indian or Non- 0
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will a
then handle all consultation with the affected parties as to the future preservation, excavation, and t
disposition of the remains.
a�
RECORDS
O
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded c
project site in a format specified by the RCO. 0
r
0
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 N
c
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in 0
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 c
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved. 0
c�
C. Access to Records and Data.At no additional cost,the records relating to the Agreement, including materials jv
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, L)
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment
0
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computerIm
models and methodology for those models.
t
N
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
LO
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 K
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to w
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims. a
0
L
Q_
PROJECT FUNDING
A. Authority. This Agreement and funding is made available to Sponsor through the RCO.
c
B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount L
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and a
incorporated by written amendment into this Agreement. c
U
W
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date to
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement d
may be reduced as necessary to exclude any such expenditure from reimbursement. };
c
D. Requirements for Federal Subawards. Pre-Agreement costs before the federal award date in the FEDERAL FUND
INFORMATION Section are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)).
ca
E. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance Q
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 125
8.H.a
expenditure from participation.
PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12,
0
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and N
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only a
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will Q
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must Q.
include proper documentation of expenditures as required by RCO. 0
d
B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements. .2
O
C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly c
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the 0
r
Sponsor.
a�
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the N
c
grant to the Sponsor until the following has occurred: 0
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 o
submitted to RCO;Grant related fiscal transactions are complete, and
a�
L
3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the L)
future.
c
0
4) A Notice of Grant for any property rights acquired or donated (if applicable)have been filed with the county
lands records office(or United State Government)and a stamped copy received by RCO, and any property
rights owned to RCO have been likewise recorded. w
0
E. Requirements for Federal Subawards: Match. The Sponsor's matching share must comply with 2 C.F.R. Part 200
(as updated).Any shared costs or matching funds and all contributions, including cash and third party in-kind
LO
contributions, can be accepted as part of the Sponsor's matching share when such contributions meet all of the
following criteria:
r
1) Are verifiable from the non-Federal entity's(Sponsor's) records;
t
K
2) Are not included as contributions for any other Federal award; w
3) Are necessary and reasonable for accomplishment of project or program objectives; a
0
4) Are allowable under 2 C.F.R. Part 200 as updated; a
5) Are not paid by the Federal Government under another Federal award, except where the Federal statute 0
authorizing a program specifically provides that Federal funds made available for such program can be
applied to matching or cost sharing requirements of other Federal programs;
0
L
6 Are provided for in the approved budget when required b the Federal awarding agency identified in the O
p pp 9 q Y 9 9 Y o
FEDERAL FUND INFORMATION Section of this Agreement; and L)
7) Conform to other provisions of 2 C.F.R. Part 200(as updated)as applicable. U)
F. Requirements for Federal Subawards: Closeout. Per 2 C.F.R§200.343(2013), the non-Federal entity(Sponsor) a-
must: a-
c
1) Submit, no later than 90 calendar days after the end date of the period of performance, all financial, 0
performance, and other reports as required by the terms and conditions of the Federal award.The Federal t
awarding agency or pass-through entity(RCO)may approve extensions when requested by the Sponsor.
ca
2) Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date Q
of the period of performance as specified in the terms and conditions of the Federal award.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 126
8.H.a
3) Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)
paid in advance or paid and that are not authorized to be retained by the non-Federal entity(Sponsor)for
use in other projects. See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),
for requirements regarding unreturned amounts that become delinquent debts.
0
4) Account for any real and personal property acquired with Federal funds or received from the Federal N
Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust
relationship and 200.329 Reporting on real property(2013).
Q
L
RECOVERY OF PAYMENTS 0
M
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in o
accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the d
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to 3
recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies
available at law or in equity.
B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made p
under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 c
days of demand by RCO. Interest shall accrue at the rate of twelve percent(12%)per annum from the time the r
Sponsor received such overpayment. Unless the overpayment is due to an error of RCO,the payment shall be due 0
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. N
c
0
C. Requirements for Federal Subawards. RCO, acting as a pass-through entity, may impose any of the remedies as V
authorized in 2 C.F.R§§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). c
0
c
0
COVENANT AGAINST CONTINGENT FEES c
a�
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an ci
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or m
bona fide established agents maintained b the Sponsor for the purpose of securing business. RCO shall have the right, in the
9 Y p p p 9 g �
event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant r
funds paid to Sponsor(even if such funds have been subsequently paid to an agent),without liability to RCO or, in RCO's am
c
discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such
commission, percentage, brokerage or contingent fee. w
0
INCOME(AND FEES)AND USE OF INCOME LO
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
r
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs.
w
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 a
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets 0
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset: a
1) The Sponsor's matching resources;
2) The project's total cost;
L
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program
0
assisted by the grant funding; L)
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the U)
Sponsor's system;
IL
5) Capital expenses for similar acquisition and/or development and renovation; and/or a-
c
6) Other purposes explicitly approved by RCO or otherwise provided for in this agreement.
t
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:
Q
1) Grant program laws, rules, and applicable manuals;
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 127
8.H.a
2) Value of any service(s)furnished;
3) Value of any opportunities furnished; and
c
4) Prevailing range of public fees in the state for the activity involved. 0
N
D. Requirements for Federal Subawards. Requirements for Federal Subawards. Sponsors must also comply with
program income requirements(see 2 C.F.R. Part 200 (as updated)for federal awards). C
Q
L
PROCUREMENT REQUIREMENTS
Q.
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and d
retained. If no such process exists, the Sponsor must follow these minimum procedures: 3
1) Publish a notice to the public requesting bids/proposals for the project; W
2) Specify in the notice the date for submittal of bids/proposals; p
c
3) Specify in the notice the general procedure and criteria for selection; and 0
r
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. N
c
0
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, V
sex, or sex-orientation that are applicable to state agencies in selecting a bidder or proposer. c
0
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so. 0
c�
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be W
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be L)
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply.
0
r
a�
B. Requirements for Federal Subawards.
t
N
1) For all Federal subawards, non-Federal entities (Sponsors)must follow 2 C.F.R§§200.318 General
procurement standards through 200.326 Contract Provisions(2013).
LO
TREATMENT OF EQUIPMENT AND ASSETS
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.
K
w
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the >%
duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the
equipment for the purpose for which it was funded, RCO may require the Sponsor to deliver the equipment to RCO, 0
or to dispose of the equipment according to RCO published policies. a
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
C. Requirements for Federal Subawards. Procedures for managing equipment(including replacement equipment),
whether acquired in whole or in part under a Federal award or match for the award, until disposition takes place will, L
at a minimum, meet the following requirements (2 C.F.R§200.313 (2013)as updated and amended): t9
0
1) Property records must be maintained that include a description of the property, a serial number or other W
identification number, the source of funding for the property(including the Federal Award Identification y
Number),who holds title,the acquisition date, and cost of the property, percentage of Federal participation in
the project costs for the Federal award under which the property was acquired,the location, use and
condition of the property, and any ultimate disposition data including the date of disposal and sale price of a
d
the property.
c
2 A physical inventor of the property must be taken and the results reconciled with the property records at 0
p Y Y p p Y p p Y E
least once every two years.
ca
3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the Q
property.Any loss, damage, or theft must be investigated.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 128
8.H.a
4) Adequate maintenance procedures must be developed to keep the property in good condition.
5) If the non-Federal entity is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
0
RIGHT OF INSPECTION
a
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or U
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 Q.
inspect and access lands acquired or developed with this funding assistance. o
d
t
r
STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this 0
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees O
to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or 0
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
a�
N
PREFERENCES FOR RESIDENTS
0
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential V
reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees may be
maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there 0
is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be 0
imposed on residents at comparable state or local public facilities.
a�
L
V
0)
ACKNOWLEDGMENT AND SIGNS
A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable 0
grant program to this project in any release or other publication developed or modified for, or referring to, the project
during the project period and in the future.
t
N
B. Signs.
1) During the period of performance through the period of long-term obligation,the Sponsor shall post openly
LO
visible signs or other appropriate media at entrances and other locations on the project area that
acknowledge the applicable grant program's funding contribution, unless waived by the director; and M
r
2) During the period of long-term obligation,the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations to notify the public of the availability of the site for reasonable public x
w
access.
C. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. a
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. a
D. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations, and
other documents describing a project funded in whole or in part with federal money provided for in this grant,
Sponsors shall clearly state: L
1) The fund source; V
W
2) The percentage of the total costs of the project that is financed with federal money; y
3) The dollar amount of federal funds for the project; and p
IL
4) The percentage and dollar amount of the total costs of the project that is financed by nongovernmental a
sources.
a�
E
t
0
PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force: Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 129
8.H.a
A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the Sponsor
agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established
according to all applicable manuals and RCWs or WACs.
c
B. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of ownership interest for the 0
property that has been acquired. This shall be done before any payment of financial assistance. N
C. Legal Description of Real Property Rights Acquired.The legal description of any real property rights purchased
with funding assistance provided through this Agreement(and protected by a recorded conveyance of rights to the Q
State of Washington)shall be delivered to RCO before final payment.
L
D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests) 0
are acquired,the Sponsor agrees to execute an appropriate document(provided or approved by RCO)conveying (a a-
conveyance)certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or m
another agency of the state, or federal agency, or other organization. These conveyance documents include a Deed
of Right,Assignment of Rights, Easements and/or Leases as described below.The Sponsor agrees to use document
language provided by RCO,to record the executed document in the County where the real property lies, and to 0
provide a copy of the recorded document to RCO.The conveyance document required will vary depending on the E
project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity.
c
0
1) Deed of Right.The Deed of Right as described in RCO Manual#3 conveys to the people of the state of
Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with
the funding source and project agreement. Sponsors shall use this document when acquiring real property N
rights that include the underlying land.This document may also be applicable for those easements where the
Sponsor has acquired a perpetual easement for public purposes. U
2) Assignment of Rights.The Assignment of Rights as described in RCO Manual#3 document transfers
certain rights to RCO and the state such as public access, conservation of habitats and species, access for o
compliance inspections by RCO, and enforcement. Sponsors shall use this document when an easement or },
lease is being acquired under this Agreement.The Assignment of Rights requires the signature of the
underlying landowner and must be incorporated by reference in the easement document. ci
m
W
3) Easements and Leases.The Sponsor may incorporate required language from the Deed of Right or r_
Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a $
separate conveyance document. Language will depend on the situation; Sponsor must obtain RCO approval c
on the language prior to executing the easement or lease. t
N
R
4) Disposal or Encumbrance of Any Real Property or Conveyance. Sponsor shall not dispose of or ?�
encumber its title to the project property, a conveyance to RCO, or other interests in the project property
without written RCO approval. RCO approval of any disposal, sale, or any encumbrance upon any title or Ul)
convenance shall be based on, among other things, ensuring sponsor's agreement and long-term obligation M
requirements are met and ensuring RCO's rights to enforce this Agreement.
r
E. Real Property Acquisition and Relocation Assistance.ln the event that housing and relocation costs and t
procedures are required by local, state, tribal, or federal law, or rule;the Sponsor agrees to provide such housing and W
relocation assistance as a condition of the Agreement and receiving grant funds. >,
m
F. Buildings and Structures. Buildings and Structures. In general, grant funds are to be used for outdoor recreation, o
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult a
with RCO regarding treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW
SECTION, and ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES SECTION.
G. Hazardous Substances.
L
1) Certification.The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed
acquisition site for the presence of hazardous substances, as defined in RCW 70A.305.020(13), and certify:
U
W
a) No hazardous substances were found on the site, or U)
b) Any hazardous substances found have been treated and/or disposed of in compliance with a
applicable state and federal laws, and the site deemed "clean." a-
2) Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in RCW 70A.305. E
t
3) Hold Harmless.The Sponsor will defend, protect and hold harmless the State and any and all of its
employees and/or agents,from and against any and all liability, cost(including but not limited to all costs of Q
defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from
the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 130
8.H.a
is acquiring, except to the extent, if any,that the State, its officers and agents caused or contributed to the
release .The Funding Entity and RCO are included within the term State, as are all other agencies,
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state
government. r_
0
H. Carbon Offsets and Payments for Ecosystem Services. (Ecosystem services are those benefits people through N
the existence of natural ecosystems.These include but are not limited to provisioning, regulating, cultural, and
support services.)Sponsors acquiring property with RCO funding assistance may use those properties to generate
carbon offsets or ecosystem service payments to the extent that those activities/uses do not conflict with the funding Q
purpose. Sponsor shall notify RCO of its intent to pursue a carbon or ecosystem service project prior to enrollment
(entering into an agreement with a crediting authority to commit to the terms of a carbon offset or payment for Q.
ecosystems services project)and any enrollment must be approved by RCO. If a deed restriction is required to 0
secure the carbon credits or ecosystem service payments, sponsor must receive RCO written approval before a-
conveyance is recorded,which approval may be conditioned on the deed restriction not interfering with RCO's rights m
under this Agreement. Income realized from the sale of carbon offsets or payments for ecosystem services must be
used in accordance with the INCOME(AND FEES)AND USE OF INCOME section of this agreement,further 0
provided that such use of income/revenue does not constitute a conveyance of real property as defined in this 0
agreement or by RCO rules. E
I. Requirements for Federal Subawards.The non-federal entity(Sponsor)must submit reports the federal funding 0
agency, through RCO, at least annually on the status of real property in which the federal government retains an
interest, unless the federal interest in the real property extends 15 years or longer. In those instances where the
federal interest attached is for a period of 15 years or more,the federal awarding agency or the pass-through entity y
(RCO), at its option, may require the Sponsor to report at various multi-year frequencies(e.g., every two years or
every three years, not to exceed a five-year reporting period; or a federal awarding agency or RCO may require U
annual reporting for the first three years of a federal award and thereafter require reporting every five years)(2 C.F.R
§200.329(2013)as updated and amended). 0
c
J. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the property acquired
it shall do so within the timeline and deadline provided by the funding program or board policies that apply to the grant
funded project, or as provided for in this Agreement. ci
m
c
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS 0
r
a�
A. Long-Term Obligations. This section applies to completed projects only.
t
N
B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO
requires that the project area continue to function for the purposes for which these grant funds were approved, in
perpetuity. �
M
C. Conversion.The Sponsor shall not at any time convert any real property(including any interest therein)or facility
acquired, developed, renovated, and/or restored pursuant to this Agreement, unless provided for in applicable
statutes, rules, and policies. Conversion includes, but is not limited to, putting such property(or a portion of it)to uses K
other than those purposes for which funds were approved or transferring such property to another entity without prior w
approval via a written amendment to the Agreement.All real property or facilities acquired, developed, renovated,
and/or restored with funding assistance shall remain in the same ownership and in public use/access status in a
perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change o
in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. a
Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such
obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of 0
whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal
laws or regulation.
0
L
1) For acquisition projects that are expressly term-limited in the Agreement,the restriction on conversion shall c
apply only for the length of the term, unless otherwise provided by this Agreement and incorporated L)
documents,WACs, or any applicable state or federal law or regulation. W
2) When a conversion has been determined to have occurred,the Sponsor shall remedy the conversion as set
forth in this Agreement(with incorporated documents)and as required by all applicable policies, manuals, a
WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by a
a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement
or law. 0
E
t
ca
CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS Q
The following provisions shall be in force for this agreement:
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 131
8.H.a
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with
the grant funds, including undeveloped sites, are built, operated, used, and maintained:
1) According to applicable federal, state, and local laws and regulations, including public health standards and
building codes; 0
N
2) In a reasonably safe condition for the project's intended use;
CT
U
3) Throughout its estimated useful service life so as to prevent undue deterioration; Q
4) In compliance with all federal and state nondiscrimination laws, regulations and policies. W
CL
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable (L
statutes, rules, and applicable WACs and manuals,facilities must be open and accessible to the general public, and r
must:
1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current W
guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules,
including but not limited to:the International Building Code,the Americans with Disabilities Act, and the
Architectural Barriers Act, as amended and updated. 0
r
0
2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
a�
N
3) Be available for appropriate use by the general public at reasonable hours and times of the year, according
to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director U
in writing. Sponsor shall notify the public of the availability for use by posting and updating that information
on its website and by maintaining at entrances and/or other locations openly visible signs with such 0
information. c
0
c�
a�
RECORDED NOTICE OF GRANT ci
m
At the request of RCO, another state agency, or a federal agency, Sponsor shall record a notice of grant on property subject to
this Agreement and shall submit to the RCO a recorded and registry stamped copy of such notice. The purpose of the notice
0
of grant is to provide constructive notice of the grant and project and to ensure that the present and future use of the projectIM
area is and shall remain subject to the terms and conditions described in this Agreement.The notice of grant shall be in a 9
format specified by RCO. w
0
PROVISIONS FOR FEDERAL SUBAWARDS
The following provisions shall be in force for this agreement: M
A. Sub-Recipient(Sponsor)must comply with the cost principles of 2 C.F.R. Part 200 (as updated). Unless otherwise
indicated,the cost principles apply to the use of funds provided under this Agreement to include match and any in-
kind matching donations.The applicability of the cost principles depends on the type of organization incurring the K
w
costs. '
B. Infrastructure Investment and Jobs Act, Pub. L. No. 117-58, Build America, Buy America Act, Pub. L. No. 117- 0-
58, Section 70901-52. Subrecipients must comply with section 70914 of the Act, including by the incorporation of a a
Buy America preference in the terms and conditions of each award with an infrastructure project.The Act requires the a-
following Buy America preference:
0
1) All iron and steel used in the project are produced in the United States.This means all manufacturing
processes,from the initial melting stage through the application of coatings, occurred in the United States. L
a
2) All manufactured products used in the project are produced in the United States.This means the c
manufactured product was manufactured in the United States, and the cost of the components of the W
manufactured product that are mined, produced,or manufactured in the United States is greater than 55 U)
percent of the total cost of all components of the manufactured product, unless another standard for
determining the minimum amount of domestic content of the manufactured product has been established
under applicable law or regulation; and a
d
3) All construction materials are manufactured in the United States. This means that all manufacturing
W
processes for the construction material occurred in the United States. E
t
4) Subject to subsequent approved federal agency specific waivers. +a,
Q
C. Binding Official. Per 2 CFR 200(as updated), as updated, Sponsor certifies through its actions or those of
authorized staff, at the time of a request for reimbursement,the following: "To the best of my knowledge and belief
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 132
8.H.a
that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false,
fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or
administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and
Title 31, Sections 3729-3730 and 3801-3812)." O
.N
D. Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the 3
definition of"federally assisted construction contract" in 41 C.F.R. §60-1.3 must include the equal opportunity clause
provided under 41 C.F.R. §60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity Q
(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, i
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 Q.
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of O
Labor). See 2 C.F.R. Part 200(as updated). a-
t
1) Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60-1.3 defines a"federally
assisted construction contract"as any agreement or modification thereof between any applicant and a
person for construction work which is paid for in whole or in part with funds obtained from the Government or 0
borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan,
insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, c
contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.
2) Construction Work.The regulation at 41 C.F.R. §60-1.3 defines"construction work"as the construction, y
rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes
or improvements to real property, including facilities providing utility services. The term also includes the U
supervision, inspection, and other onsite functions incidental to the actual construction.
E. Davis-Bacon Act, as amended(40 U.S.C.3141-3148).When required by federal program legislation, all prime o
construction contracts in excess of$2,000 awarded by non-federal entities(Sponsors)must include a provision for },
compliance with the Davis-Bacon Act(40 U.S.C. 3141-3148)as supplemented by Department of Labor regulations
(29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted ci
Construction").
c
In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not 0
r
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, c
contractors must be required to pay wages not less than once a week. The non-federal entity(Sponsor)must place a t
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The
non-Federal entity(Sponsor) must report all suspected or reported violations to the federal awarding agency identified
in the Federal Fund Information Section. LO
M
The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U. S. C. 3145),
as supplemented by Department of Labor regulations(29 C.F.R Part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides t
that each contractor or subrecipient(Sponsor)must be prohibited from inducing, by any means, any person employed w
in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is >,
otherwise entitled. The non-Federal entity(Sponsor)must report all suspected or reported violations to the Federal
m
awarding agency identified in Section H: Federal Fund Information. o
L
F. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, all contracts awarded a
by the non-federal entity(Sponsor) in excess of$100,000 that involve the employment of mechanics or laborers must
include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the L
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in W
surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not to
apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence. a
a
G. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding };
agreement"under 37 C.F.R§401.2(a)and the recipient or subrecipient(Sponsor)wishes to enter into a contract with
a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of E
experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient
(Sponsor)must comply with the requirements of 37 C.F.R Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and Q
any implementing regulations issued by the awarding agency.
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 133
8.H.a
H. Clean Air Act(42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as
Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-
Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency identified in Section H: Federal Fund Information and the 0
Regional Office of the Environmental Protection Agency(EPA). N
I. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). By signing this Agreement,the Sponsor certifies(per the
certification requirements of 31 U.S.C.)that none of the funds that the Sponsor has(directly or indirectly)received or Q
will receive for this project from the United States or any agency thereof, have been used or shall be used to engage i
in the lobbying of the Federal Government or in litigation against the United States. Such lobbying includes any Q.
influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee o
of Congress, or an employee of a Member of Congress in connection with this project. Contractors that apply or bid a-
for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not m
and has not used federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any federal contract, grant or any other award 0
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in E
connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal
award. 0
0
r
J. Procurement of Recovered Materials.A non-federal entity(Sponsor)that is a state agency or agency of a political
subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended y
by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest U
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where
the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource o
recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in },
the EPA guidelines.
L
V
K. Required Insurance.The non-federal entity(Sponsor)must, at a minimum, provide the equivalent insurance m
coverage for real property and equipment acquired or improved with federal funds as provided to property owned by
the non-federal entity. Federally-owned property need not be insured unless required by the terms and conditions of 0
r
the Federal award (2 C.F.R§200.310 (2013)).
t
L. Debarment and Suspension (Executive Orders 12549 and 12689).The Sponsor must not award a contract to
parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with ?�
the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549 (3
C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp., p. 235), "Debarment and Suspension."SAM LO
Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties M
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
r
M. Conflict of Interest.Sponsor agrees to abide by the conflict of interest policy and requirements of the federal funding t
agency established pursuant to 2 C.F.R 200. W
m
PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS Q-
0
This project has been approved by the National Park Service, US Department of the Interior,for funding assistance from the a-
federal Land and Water Conservation Fund (LWCF),therefore the"Land and Water Conservation Fund General Provisions"
are made part of this Agreement and incorporated herein. The Sponsor shall abide by these LWCF General Provisions, in 0
addition to this Agreement, as they now exist or are hereafter amended. Further, the Sponsor agrees to provide RCO with
reports or documents needed to meet the requirements of the LWCF General Provisions.
,L^
V
ORDER OF PRECEDENCE V
W
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The to
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: a
d
A. Federal law and binding executive orders;
a�
E
B. Code of federal regulations;
ca
C. Terms and conditions of a grant award to the state from the federal government; Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 134
8.H.a
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
0
F. Agreement Terms and Conditions and Applicable Manuals; N
G. Applicable deed restrictions, and/or governing documents.
Q
L
LIMITATION OF AUTHORITY a)
Q.
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to 0
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, d
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written 3
amendment to this Agreement and signed by the RCO Director or delegate.
a�
WAIVER OF DEFAULT O
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the 0
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
N
C
0
V
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH
c
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the 0
application may be deemed a breach of this Agreement.
a�
L
V
0)
SPECIFIC PERFORMANCE
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors' 0
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.
M
TERMINATION AND SUSPENSION
r
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 w
updated).
m
A. For Cause. °-
O
L
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
Agreement:
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
L
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the O
project by the completion date set out in this Agreement. Included in progress is adherence to V
milestones and other defined deadlines; or W
U)
c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed
to implement the project; 0
IL
a-
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 (D
be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as t
authorized by law and/or this Agreement.
3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the Q
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 135
8.H.a
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
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 0
of this Agreement prior to the effective date of termination.A claimed termination for cause shall be deemed to be a N
"Termination for Convenience"if it is determined that:
a
U
1) The Sponsor was not in default; or Q
2) Failure to perform was outside Sponsor's control,fault or negligence. Q.
0
C. Rights and Remedies of the RCO. (L
t
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law.
a�
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the 0
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for
substantially the entire period of performance and of long-term obligation. y
c
D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and U
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO 0
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a .2
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate.
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
m
1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon
the state appropriating state and federal funding each biennium. In the event the state is unable to 0
r
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 t
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 LO
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any M
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
r
and regulations.
t
K
w
DISPUTE HEARING >+
Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which a
cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's o
request for a dispute hearing must be in writing and clearly state: a
A. The disputed issues; 0
B. The relative positions of the parties;
0
L
C. The Sponsor's name, address, project title, and the assigned project number. c
U
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that W
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three U)
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the o
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be a
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a
a third person. This process shall be repeated until a three person panel is established.
a�
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according t
to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so 0
ca
agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 136
8.H.a
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position O
of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of N
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. C
Q
All costs associated with the implementation of this process shall be shared equally by the parties. i
a�
Q.
O
L
ATTORNEYS' FEES d
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys'fees.
a�
GOVERNING LAW/VENUE O
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a p
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
N
of Washington and agrees to venue as set forth above. c
V
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason o
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
a�
L
V
END OF STANDARD TERMS AND CONDITIONS
This is the end of the Standard Terms and Conditions of the Agreement. r
a�
c
t
N
R
LO
I-
M
r
L
K
W
A
d
O
L
Q.
,L^
V
U
W
U)
a
a
c
a�
E
ca
Q
RCO: 22-1479 Revision Date: 5/1/2023
Packet Pg. 137
8.1
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington Recreation and Conservation Office Grant -
Upper Mill Creek - Mendel Acquisition - Authorize
MOTION: I move to accept grant funds in the amount of $475,000 from the
Recreation and Conservation Office for the Mendel Property acquisition,
amend the budget, authorize expenditure of funds, and authorize the
Mayor to sign all necessary agreements and other documents, subject to
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The Park Planning and Development Division applied for and was
successful in receiving an Acquisition Grant for the Mendel Property acquisition at
Upper Mill Creek Canyon Park through the Recreation and Conservation Office.
This grant for $475,000 will assist with reimbursement of acquisition costs.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PPD-WA RCO Grant UMC Mendel Property-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 138
WASHINGTON 57ATE RCO Grant Agreem
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:22-1362A
Project Title: Upper Mill Creek Mendel Property Acquisition Approval Date:06/28/2023 —
L
PARTIES OF THE AGREEMENT a
This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by
and through the Recreation and Conservation Funding Board (RCFB or funding board)and the Recreation and Conservation
Office(RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent(Sponsor, and primary Sponsor), 220 L
Fourth Ave S, Kent,WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties. O
m
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that
expressly apply only to the primary Sponsor. O
c
0
Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on
file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s)
regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant y
application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as c
provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions 0
U
required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section.
0
c
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified 0
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO
shall proceed on the basis that the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement o
(including any amendments thereto)and decisions related to implementation of the Agreement. 0)
t
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections.
00
LO
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act ti
as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section).
t
PURPOSE OF AGREEMENT x
w
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State
of Washington.The grant is administered by the Recreation and Conservation Office(RCO). 0
a
0
L
a
DESCRIPTION OF PROJECT
The City of Kent will use this grant to buy 2.08 acres for a trailhead park at the south end of Mill Creek Canyon Park. Buying
the land fulfills a long-term goal of creating a pedestrian connection from downtown to the East Hill of Kent.Additionally,this
location provides an important anchor for the Mill Creek Canyon trail system and will be developed to include elements like
parking and trails. The primary recreation opportunity provided by this project is passive recreation.
r
c
0
L
PERIOD OF PERFORMANCE O
O
The period of performance begins on July 1, 2023 (project start date)and ends on March 31, 2024(project end date). No U
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any applicable RCO
manuals as of the effective date of this Agreement.
d
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before d
the project end date. r
c
a�
E
t
STANDARD TERMS AND CONDITIONS INCORPORATED
c�
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference Q
as part of this Agreement.
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 139
8.I.a
LONG-TERM OBLIGATIONS
For this acquisition project, the Sponsor's long-term obligations for the project area shall be in perpetuity, beginning at project
completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO.
PROJECT FUNDING `m
0_
The total grant award provided for this project shall not exceed$475,000.00.The RCO shall not pay any amount beyond that
approved for grant funding of the project and within the percentage as identified below.The Sponsor shall be responsible for
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated
below: L
Percentage Dollar Amount Source of Funding (7
RCFB-WWRP-Local Parks 44.55% $475,000.00 State m
Project Sponsor 55.45% $591,200.00
Total Project Cost 100.00% $1,066,200.00
c
0
c�
m
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
c
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the 0
U
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
0
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 0
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
the Standard Terms and Conditions.
0
AMENDMENTS TO AGREEMENT
c
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set N
forth in writing signed by all parties. Exception: extensions of the Period of Performance and minor scope adjustments need ca
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 co
person other than the Authorized Agent/Representative), unless otherwise provided for in an amendment. This exception does ti
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or
minor scope adjustments. +,
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do
x
so. w
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO c
manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of a
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall d
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. a
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term. d
V
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only 0
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless
otherwise expressly stated in the amendment. Q
For the purpose of this Agreement,WAC Title 286, RCFB policies shall apply as terms of this Agreement. p
d
d
For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this
r
Agreement:
• Acquisition Projects-Manual 3 E
• Long Term Obligations-Manual 7
• Reimbursements-Manual 8
• WWRP- Recreation Programs-Manual 10a Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 140
8.I.a
SPECIAL CONDITIONS
None
SPECIAL CONDITIONS-CULTURAL RESOURCES
L
Q
CONDITION APPLIES TO THE FOLLOWING AREA(S): Mendel
State- RCO Lead: Proceed under an IDP: This project has been reviewed in compliance with Executive Order 21-02. No
cultural resources work required for this scope of work.Work may proceed in accordance with RCO's Inadvertent L
Discovery Plan. Future projects actions may require cultural resources review and survey. (�
m
O
AGREEMENT CONTACTS r-
0
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:
m
Sponsor Project Contact RCO Contact
0
Bryan Higgins Hayley Edmonston U
Parks Capital Project Manager Outdoor Grants Manager
220 4th AVE S PO Box 40917 M
Kent,WA 98032 Olympia,WA 98504-0917 r-
bhiggins@kentwa.gov hayley.edmonston@rco.wa.gov r
0
m
L
V
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change. W
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized r-
Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications.
c
t
ENTIRE AGREEMENT
This Agreement,with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. 00
ti
M
EFFECTIVE DATE +'
Unless otherwise provided for in this Agreement,this Agreement,for Project 22-1362, shall become effective and binding on x
the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). uJ
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO. °
a
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 a
represent and warrant their authority to bind the parties to this Agreement.
c
d
City of Kent
V
By: Date:
r
c
Name(printed): L
Title: O
U
Q
State of Washington Recreation and Conservation Office d
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board) r
c
a�
By: Date: t
Megan Duffy
Director
Recreation and Conservation Office Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 141
8.I.a
Pre-approved as to form:
By: Date: 05/01/2023
Assistant Attorney General
a
a
c
C9
m
O
c
0
L
C
O
U
c
Cu
c
O
r
Cu
d
L
V
NN�
L7�
O
R
ao
LO
M
t
x
W
L
L
Q
O
L
CL
C�
C
U
r
c
�a
,L^
V
O
U
d'
Q
d
d
r
c
a)
E
t
c,>
R
r
a
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 142
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1362A
Project Title: Upper Mill Creek Mendel Property Acquisition Approval Date:06/28/2023 =_
L
Q
Eligible Scope Activities
L
ELIGIBLE SCOPE ACTIVITIES
m
v
Acquisition Metrics
c
Property: Mendel Property(Worksite#1, Upper Mill Creek Park, Kent)
c�
Real Property Acquisition y
Land
0
Acres by Acreage Type(fee simple): U
Uplands 2.08
Existing structures on site: No structures on site
c
0
Incidentals
m
Appraisal
Appraisal Review
Closing, Recording,Taxes,Title o
a�
c
Cultural resources(Acq)
Environmental Audits
Fencing (Acq) co
Number of linear feet of fencing to be built: 500 ti
M
a+
t
X
W
N
Q
O
L
a
a�
c
a�
c.�
r
c
,L^
V
O
U
Q
d
d
r
c
a�
E
t
ca
Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 143
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1362A
Project Title: Upper Mill Creek Mendel Property Acquisition Approval Date:06/28/2023 =_
L
Q
Project Milestones
L
PROJECT MILESTONE REPORT
m
Complete Milestone Target Date Comments/Description
X Acquisition Closing 11/10/2021 Waiver#19-38
X Cultural Resources Complete 01/17/2023 WISAARD#2022-04-02016 c
Project Start 07/01/2023 0
Fencing Complete 07/31/2023 f°
Recorded Acq Documents to RCO 08/31/2023
Annual Project Billing Due 09/30/2023 After Deed of Right is recorded
0
Progress Report Due 10/31/2023 U
Funding Acknowl Sign Posted 11/30/2023
RCO Final Inspection 01/31/2024
c
Final Billing Due 02/10/2024 O
Final Report Due 02/15/2024
Agreement End Date 03/31/2024
a�
0
a�
c
c�
00
LO
ti
M
a+
t
X
W
L
N
Q
O
L
a
a�
c
a�
c.�
r
c
,L^
V
O
U
Q
d
d
r
c
a�
E
t
ca
Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 144
.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1362A
Project Title: Upper Mill Creek Mendel Property Acquisition Approval Date:06/28/2023 =_
L
Q
Standard Terms and Conditions of the Recreation and
Conservation Office
,L^
V
d
V
Table of Contents 0
c
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................8 0
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................8 >
PERFORMANCE BY THE SPONSOR........................................................................................................................................10 aD
ASSIGNMENT.............................................................................................................................................................................11
RESPONSIBILITY FOR PROJECT.............................................................................................................................................11 0
U
INDEMNIFICATION.....................................................................................................................................................................11
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................12
CONFLICT OF INTEREST..........................................................................................................................................................12
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................12 .o
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................13
RECORDS...................................................................................................................................................................................14
ED-
PROJECTFUNDING...................................................................................................................................................................14 a�
PROJECT REIMBURSEMENTS.................................................................................................................................................14 w
RECOVERYOF PAYMENTS......................................................................................................................................................15 p
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................15
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................15 c
PROCUREMENT REQUIREMENTS...........................................................................................................................................16
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................16
RIGHT OF INSPECTION.............................................................................................................................................................16
STEWARDSHIP AND MONITORING .........................................................................................................................................16 00
PREFERENCES FOR RESIDENTS............................................................................................................................................17 r�
M
ACKNOWLEDGMENT AND SIGNS............................................................................................................................................17 --
PROVISIONS APPLYING TO ACQUISITION PROJECTS.........................................................................................................17 +=
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................18
t
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS .....................................................19 W
ORDER OF PRECEDENCE........................................................................................................................................................19
LIMITATION OF AUTHORITY.....................................................................................................................................................20 L
WAIVER OF DEFAULT...............................................................................................................................................................20
a
APPLICATION REPRESENTATIONS-MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................20 0
L
SPECIFICPERFORMANCE.......................................................................................................................................................20 d
TERMINATION AND SUSPENSION...........................................................................................................................................20 Z
DISPUTEHEARING....................................................................................................................................................................21
ATTORNEYS' FEES....................................................................................................................................................................22
GOVERNING LAW/VENUE.........................................................................................................................................................22 U
SEVERABILITY...........................................................................................................................................................................22
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................22
r
c
�a
,L^
V
0
U
d'
Q
d
d
r
c
a�
E
t
c,>
R
r
a
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 145
8.I.a
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/10/2023. _
L
CL
CITATIONS, HEADINGS AND DEFINITIONS
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the
effective date of any amendment thereto.
L
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of O
this Agreement.
r
C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below: O
c
0
acquisition project—A project that purchases or receives a donation of a right to or in real property including, but
not limited to,fee simple land acquisition, conservation easement, access/trail/recreational easements, covenants, f°
leases,water rights, and mineral rights. y
c
Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT" 0
U
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable
0
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. 0
r
0
applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement, L
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.
0
applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their a�
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement,
subject to substitution of the"RCO director"for the term"board"or"agency" in those cases where the RCO has
contracted to or been delegated to administer the grant program in question.
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for 00
LO
the grant application or request for funds in question. M
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application" in the RCO's automated project
information system, and other documents as noted on the application checklist including but not limited to legal W
opinions, maps, plans, evaluation presentations and scripts.
Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, etc.) a
authorized to be the signatory of this Agreement and any amendments requiring a Sponsor's signature. This person o
has the signature authority to bind the Sponsor to this Agreement, grant, and project. a
d
C.F.R.—Code of Federal Regulations c
d
completed project or project completion—The status of a project when all of the following have occurred: U
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been O
delivered to the RCO. U
• A final reimbursement request has been delivered to and paid by RCO. W
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have <
been recorded (as may apply).
d
(L
contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation
under this Agreement. a�
E
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project
area are changed to a use other than that for which funds were approved,without obtaining prior written formal RCO f°
or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in Q
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3)
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 146
8.I.a
cure.
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.
0.
effective date—The date when the signatures of all parties to this agreement are present in the agreement. Q-
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)).
m
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. 0
c
0
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 y
within a larger grant program, or a federal source. o
U
long-term compliance period—The term of years, beginning on the end date of the agreement,when long-term
obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by
RCO per the Agreement. c
0
r
long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals 0
and other exhibits as mayapply. m
a�
match or matching share—The portion of the total project cost provided by the Sponsor.
0
milestone—An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment.
c�
Office—Means the Recreation and Conservation Office or RCO. ?�
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal 00
program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. ti
M
period of performance—The period beginning on the project start date and ending on the project end date.
t
pre-agreement cost—A project cost incurred before the period of performance. x
w
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement
as the entity to which RCO grants funds to and authorizes and requires to administer the grant.Administration a
includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors. a
d
project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by
RCO.
U
project area-A geographic area that delineates a grant assisted site which is subject to project agreement
requirements.
r
c
completion or completed project—The status of a project when all of the following have occurred: L
project p p p j p J g �
The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of UU
• work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO. Q
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been
delivered to the RCO.
d
• A final reimbursement request has been delivered to and paid by RCO. a
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply).
t
project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary f°
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally Q
funded projects).
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 147
8.I.a
project end date—The specific date identified in the Agreement on which the period of performance ends, as may
be changed by amendment. This date is not the end date for any long-term obligations.
project start date—The specific date identified in the Agreement on which the period of performance starts. —
RCFB—Recreation and Conservation Funding Board
a
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this Q-
Agreement. RCO includes the director and staff.
c
RCW—Revised Code of Washington M
O
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.
O
renovation project—A project intended to improve an existing site or structure in order to increase its useful service o
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for
its originally expected useful service life.
m
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may o
be the fiscal agent for the project. U
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
c
Sponsor Authorized Representative/Agent—A Sponsor's agent(employee, political appointee, elected person, G
r
etc.)authorized to be the signatory of this Agreement and any amendments requiring a Sponsor signature.This M
am
person has the signature authority to bind the Sponsor to this Agreement,grant, and project. U
a)
subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a o
subrecipient for the subrecipient to carry out part of any award received by the pass-through entity. It does not include
to a contractor or payments to an individual that is a beneficiary of a federal or other program.A subaward
payments P Y Y p 9 �
may be provided through any form of legal agreement, including an agreement that the pass-through entity considers N
c�
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying ?�
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the 00
Project Funding Section. ti
M
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal t
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a x
w
recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this
Agreement is a federal subaward,the Sponsor is the subrecipient.
a
tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or o
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected a
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes
responding to any tribal request from such tribes and considering tribal recommendations for project implementation
which may include not proceeding with parts of the project, altering the project concept and design, or relocating the V
project or not implementing the project, all of which RCO shall have the final approval of.
r
useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement. M
WAC—Washington Administrative Code. U
Q
PERFORMANCE BY THE SPONSOR 3F
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed a-
goals and objectives described in the application or documents submitted with the application, all as finally approved by the a
RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this
reference as if fully set forth herein.
E
t
Timely completion of the project and submission of required documents, including progress and final reports, is important.
c�
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 148
8.I.a
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.
L
RESPONSIBILITY FOR PROJECT Q'
a
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. L
O
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit 0)
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 O
unless otherwise stated in this Agreement. o
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or f°
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, y
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 0
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay U
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed as per the Agreement.
0
r
0
INDEMNIFICATION L
U
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or 4)
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection
with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this o
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors, or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable.
c�
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State
is vicariously liable. LO
ti
M
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the +,
Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees. x
w
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 0
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of c
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, a
any claims by Sponsor's employees directly against Sponsor.
d
Sponsor shall ensure that any agreement relating to this project involving any contractors, subcontractors and/or vendors of
d
any tier shall require that the contracting entity indemnify, defend,waive RCW 51 immunity, and otherwise protect the State as
provided herein as if it were the Sponsor.This shall not apply to a contractor or subcontractor is solely donating its services to V
the project without compensation or other substantial consideration.
r
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 O
inventions by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors or vendors, of any tier, or any U
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
d
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents',officers'and (L
employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and r
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for 00)
whom the Sponsor may be legally liable. t
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. Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 149
8.I.a
INDEPENDENT CAPACITY OF THE SPONSOR
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.
L
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by Q-
a
federal, state, and/or local laws.
c
CONFLICT OF INTEREST L
O
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written 0)
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 O
performance under,this Agreement. o
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the f°
Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor.The rights and remedies of RCO y
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. o
U
c
COMPLIANCE WITH APPLICABLE LAW
In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without
P 9 9 P p Y PP (� 9
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other y
applicable laws,the following laws: cL�
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
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or terminated in whole or in part,
and the Sponsor may be declared ineligible for further grant awards from the RCO or Funding Entity.The Sponsor is
responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. Except
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following
nondiscrimination clause in each contract for construction of this project: "During the performance of this contract,the LO
contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." M
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or x
instruction may be a minor use of the grant supported recreation and conservation land or facility. W
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 which affect wages and job safety.The Sponsor c
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing a
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
d
Washington State Department of Labor and Industries.
V
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
r
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. O
U
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, Q
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to
support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided
d
under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related a
to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state
legislature. a�
E
E. Debarment and Certification. By signing the Agreement with RCO,the Sponsor certifies that neither it nor its 0
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared f°
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Q
Further, the Sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 150
8.I.a
that is on Washington State Department of Labor and Industries' "Debarred Contractor List."
ARCHAEOLOGICAL AND CULTURAL RESOURCES —_
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below.The Sponsor shall follow RCO guidance and directives to assist it with such review as `m
may apply. a
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects +,
occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially 0
historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must m
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and V
cultural resources responsibilities of such state or federal landowner or manager has been conducted. r
c
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and 0
cultural resources.
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any 0
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, U
or avoid impacts to archaeology and cultural resource impacts or concerns.All cultural resources requirements for
non ground disturbing projects (such as acquisition or planning projects) must be met prior to final reimbursement. 0
c
0
D. 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 L
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 work on the o
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 c
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.
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for co
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the 'n
ti
Sponsor.
F. Inadvertent Discovery Plan.The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery
Plan, and:
x
w
1) Keep the IDP at the project site.
a�
2) Make the IDP readily available to anyone working at the project site. 0
L
(L
3) Discuss the IDP with staff and contractors working at the project site.
4) Implement the IDP when cultural resources or human remains are found at the project site. d
G. Inadvertent Discovery V
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic L
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further
disturbance to the archeological or historic resources. p
U
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then
RCO, all in the most expeditious manner, and stop any activity that may cause disturbance to the remains.
Sponsor shall secure the area of the find will and protect the remains from further disturbance until the State d
provides a new notice to proceed. (L
r
c
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by
RCO or the Department of Archaeology and Historic Preservation (DAHP).
c�
b) The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and Q
make a determination of whether those remains are forensic or non-forensic. If the county medical
examiner/coroner determines the remains are non-forensic,then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 151
8.I.a
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non-
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will
then handle all consultation with the affected parties as to the future preservation, excavation, and —
disposition of the remains.
L
Q
RECORDS Q'
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.
,L^
V
B. Maintenance and Retention.The Sponsor shall maintain books, records, documents, data and other records m
relating to this Agreement and performance of the services described herein, including but not limited to accounting V
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in r
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO r_
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit o
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved.
C. Access to Records and Data.At no additional cost,the records relating to the Agreement, including materials p
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, U
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer c
models and methodology for those models.
m
L
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 o
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 c_
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
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to co
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's 'n
ti
defense of such claims.
PROJECT FUNDING t
x
A. Authority. This Agreement and funding is made available to Sponsor through the RCO. w
B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount a
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and G
L
incorporated by written amendment into this Agreement. a
d
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date c
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this V
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement
may be reduced as necessary to exclude any such expenditure from reimbursement.
r
c
D. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such UO
expenditure from participation.
Q
PROJECT REIMBURSEMENTS d
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, d
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will E
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must Q
include proper documentation of expenditures as required by RCO.
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 152
8.I.a
B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements. —
C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the a
Sponsor. Q-
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld.
r
2) On-site signs are in place(if applicable);Any other required documents and media are complete and 0
submitted to RCO;Grant related fiscal transactions are complete, and o
M
3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the 2_1
future. m
c
0
U
RECOVERY OF PAYMENTS
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in 0
accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the 0
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 L
available at law or in equity. U
a)
W
B. Return of Overpayments.The Sponsor shall reimburse RCO for any overpayment or erroneous payments made o
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 c
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 cNa
RCO, it shall be due and owing 30 days after demand by RCO for refund.
00
LO
ti
COVENANT AGAINST CONTINGENT FEES
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the W
event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant
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. o
a
a�
INCOME(AND FEES)AND USE OF INCOME
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
V
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs. r
c
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 0
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets L)
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset: Q
1) The Sponsor's matching resources;
d
2) The project's total cost; (L
r
c
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program a)
assisted by the grant funding; t
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Q
Sponsor's system;
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 153
8.I.a
5) Capital expenses for similar acquisition and/or development and renovation; and/or
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.
1) Grant program laws, rules, and applicable manuals; Q-
2) Value of any service(s)furnished;
L
3) Value of any opportunities furnished; and O
m
4) Prevailing range of public fees in the state for the activity involved.
O
c
0
PROCUREMENT REQUIREMENTS
A. Procurement Requirements. If the Sponsor has,or is required to have, a procurement process that follows
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and 0
retained. If no such process exists, the Sponsor must follow these minimum procedures: 0
U
1) Publish a notice to the public requesting bids/proposals for the project;
0
2) Specify in the notice the date for submittal of bids/proposals; 0
r
3) Specify in the notice the general procedure and criteria for selection; and L
4) Sponsor must contract or hire from within its bid pool. If bids are unacceptable the process needs to be W
repeated until a suitable bid is selected.
0
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.
c�
Alternatively, Sponsor may choose a bid from a bidding cooperative if authorized to do so.
00
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be 'n
ti
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the +.
above minimum procedure where state or federal procedures do not apply. Z
t
x
w
TREATMENT OF EQUIPMENT AND ASSETS
Equipment shall be used and managed only for the purpose of this Agreement, unless otherwise provided herein or in the a
applicable manuals, or approved by RCO in writing. o
a
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the --0a
duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the c
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. V
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment.
r
c
0
L
RIGHT OF INSPECTION O
O
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or L)
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate Q
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or
other form of control and tenure limits access to the project area, it must include (or be amended to include)the RCO's right to
inspect and access lands acquired or developed with this funding assistance. d
d
r
c
STEWARDSHIP AND MONITORING
E
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees
to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO Q
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 154
8.I.a
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
PREFERENCES FOR RESIDENTS —_
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential
reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees may be Lm
maintained on the basis of residence. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there a
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. +,
c
,L^
V
ACKNOWLEDGMENT AND SIGNS
A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable r
grant program to this project in any release or other publication developed or modified for, or referring to, the project O
during the project period and in the future. a
0
B. Signs. f°
m
1) During the period of performance through the period of long-term obligation,the Sponsor shall post openly c
visible signs or other appropriate media at entrances and other locations on the project area that 0
U
acknowledge the applicable grant program's funding contribution, unless waived by the director; and
c
0
2) During the period of long-term obligation,the Sponsor shall post openly visible signs or other appropriate
media at entrances and other locations to notify the public of the availability of the site for reasonable public 0
access.
r
L
C. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project.
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. 0
a�
c
t
PROVISIONS APPLYING TO ACQUISITION PROJECTS N
c�
The following provisions shall be in force:
00
A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the Sponsor ti
agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established
according to all applicable manuals and RCWs or WACs. +,
B. Evidence of Title.The Sponsor agrees to provide documentation that shows the type of ownership interest for the
property that has been acquired. This shall be done before any payment of financial assistance. w
C. Legal Description of Real Property Rights Acquired.The legal description of any real property rights purchased 4)
with funding assistance provided through this Agreement(and protected by a recorded conveyance of rights to the a
0
State of Washington)shall be delivered to RCO before final payment. a
D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests) -0a
are acquired,the Sponsor agrees to execute an appropriate document(provided or approved by RCO)conveying (a
conveyance)certain rights and responsibilities to RCO or the Funding Entity on behalf of the State of Washington or
another agency of the state, or federal agency, or other organization. These conveyance documents include a Deed
of Right,Assignment of Rights, Easements and/or Leases as described below.The Sponsor agrees to use document
language provided by RCO,to record the executed document in the County where the real property lies, and to r
provide a copy of the recorded document to RCO.The conveyance document required will vary depending on the
project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity.
O
1) Deed of Right.The Deed of Right as described in RCO Manual#3 conveys to the people of the state of L)
Washington the right to preserve, protect, access, and/or use the property for public purposes consistent with Q
the funding source and project agreement. Sponsors shall use this document when acquiring real property
rights that include the underlying land.This document may also be applicable for those easements where the
Sponsor has acquired a perpetual easement for public purposes. d
(L
2) Assignment of Rights.The Assignment of Rights as described in RCO Manual#3 document transfers
certain rights to RCO and the state such as public access, conservation of habitats and species, access for E
compliance inspections by RCO, and enforcement. Sponsors shall use this document when an easement or t
lease is being acquired under this Agreement.The Assignment of Rights requires the signature of the
underlying landowner and must be incorporated by reference in the easement document. Q
3) Easements and Leases.The Sponsor may incorporate required language from the Deed of Right or
Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 155
8.I.a
separate conveyance document. Language will depend on the situation; Sponsor must obtain RCO approval
on the language prior to executing the easement or lease.
4) Disposal or Encumbrance of Any Real Property or Conveyance. Sponsor shall not dispose of or —
encumber its title to the project property, a conveyance to RCO, or other interests in the project property
without written RCO approval. RCO approval of any disposal, sale, or any encumbrance upon any title or
convenance shall be based on, among other things, ensuring sponsor's agreement and long-term obligation 0-
requirements are met and ensuring RCO's rights to enforce this Agreement. Q-
E. Real Property Acquisition and Relocation Assistance.ln the event that housing and relocation costs and
procedures are required by local, state, tribal, or federal law, or rule;the Sponsor agrees to provide such housing and
relocation assistance as a condition of the Agreement and receiving grant funds. 0
m
F. Buildings and Structures. Buildings and Structures. In general, grant funds are to be used for outdoor recreation,
conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsor must consult 0
with RCO regarding treatment of such structures and compliance with COMPLIANCE WITH APPLICABLE LAW o
SECTION, and ARCHAEOLOGICAL AND CULTURAL RESOURCES RESPONSIBILITIES SECTION.
G. Hazardous Substances.
c
1) Certification.The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed L j
acquisition site for the presence of hazardous substances, as defined in RCW 70A.305.020(13), and certify:
c
a) No hazardous substances were found on the site, or c
0
r
b) Any hazardous substances found have been treated and/or disposed of in compliance with 0
L
applicable state and federal laws, and the site deemed "clean." �
a�
2) Responsibility. Nothing in this provision alters the Sponsor's duties and liabilities regarding hazardous
substances as set forth in RCW 70A.305. 0
a)
3 Hold Harmless.The Sponsor will defend, protect and hold harmless the State and an and all of its
p p Y �
employees and/or agents,from and against any and all liability, cost(including but not limited to all costs of N
c�
defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from ?�
the presence of, or the release or threatened release of, hazardous substances on the property the Sponsor
is acquiring, except to the extent, if any,that the State, its officers and agents caused or contributed to the 00
release .The Funding Entity and RCO are included within the term State, as are all other agencies, M
departments, boards, councils, committees, divisions, bureaus, offices, societies, or other entities of state
government. +'
t
H. Carbon Offsets and Payments for Ecosystem Services. (Ecosystem services are those benefits people through x
w
the existence of natural ecosystems.These include but are not limited to provisioning, regulating, cultural, and
support services.)Sponsors acquiring property with RCO funding assistance may use those properties to generate
carbon offsets or ecosystem service payments to the extent that those activities/uses do not conflict with the funding a
purpose. Sponsor shall notify RCO of its intent to pursue a carbon or ecosystem service project prior to enrollment o
(entering into an agreement with a crediting authority to commit to the terms of a carbon offset or payment for (L
ecosystems services project)and any enrollment must be approved by RCO. If a deed restriction is required to d
secure the carbon credits or ecosystem service payments, sponsor must receive RCO written approval before
conveyance is recorded,which approval may be conditioned on the deed restriction not interfering with RCO's rights
under this Agreement. Income realized from the sale of carbon offsets or payments for ecosystem services must be V
used in accordance with the INCOME(AND FEES)AND USE OF INCOME section of this agreement,further
provided that such use of income/revenue does not constitute a conveyance of real property as defined in this
r
agreement or by RCO rules.
L
I. Developing and Restoring Purchased Property. If the Sponsor intends to develop or restore the property acquired
it shall do so within the timeline and deadline provided by the funding program or board policies that apply to the grant L)
funded project, or as provided for in this Agreement.
Q
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
d
A. Long-Term Obligations. This section applies to completed projects only. d
r
c
B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO
requires that the project area continue to function for the purposes for which these grant funds were approved, in
c�
perpetuity. Q
C. Conversion.The Sponsor shall not at any time convert any real property(including any interest therein)or facility
acquired, developed, renovated, and/or restored pursuant to this Agreement, unless provided for in applicable
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 156
8.I.a
statutes, rules, and policies. Conversion includes, but is not limited to, putting such property(or a portion of it)to uses
other than those purposes for which funds were approved or transferring such property to another entity without prior
approval via a written amendment to the Agreement.All real property or facilities acquired, developed, renovated,
and/or restored with funding assistance shall remain in the same ownership and in public use/access status in —
perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change
in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion.
Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such a
obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of Q-
whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal
laws or regulation.
L
1) For acquisition projects that are expressly term-limited in the Agreement,the restriction on conversion shall O
apply only for the length of the term, unless otherwise provided by this Agreement and incorporated
documents,WACs, or any applicable state or federal law or regulation.
O
2) When a conversion has been determined to have occurred,the Sponsor shall remedy the conversion as set o
forth in this Agreement(with incorporated documents)and as required by all applicable policies, manuals,
WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by
a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement
or law. c
0
U
CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS
The following provisions shall be in force for this agreement: 0
r
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with L
the grant funds, including undeveloped sites, are built, operated, used, and maintained:
a�
1) According to applicable federal, state, and local laws and regulations, including public health standards and o
building codes;
a�
c
2) In a reasonably safe condition for the project's intended use;
c�
3) Throughout its estimated useful service life so as to prevent undue deterioration;
00
4) In compliance with all federal and state nondiscrimination laws, regulations and policies. 'n
ti
M
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable +.
statutes, rules, and applicable WACs and manuals,facilities must be open and accessible to the general public, and
must:
x
w
1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current
guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, a
including but not limited to:the International Building Code,the Americans with Disabilities Act, and the 0
Architectural Barriers Act, as amended and updated. (L
d
2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
d
3) Be available for appropriate use by the general public at reasonable hours and times of the year, according
to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director V
in writing. Sponsor shall notify the public of the availability for use by posting and updating that information
on its website and by maintaining at entrances and/or other locations openly visible signs with such
information. 0
,L^
V
O
ORDER OF PRECEDENCE U
W
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 3F
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: d
r
A. Federal law and binding executive orders;
a�
E
B. Code of federal regulations;
c�
C. Terms and conditions of a grant award to the state from the federal government; Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 157
8.I.a
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal
law;
E. State Constitution, RCW, and WAC;
F. Agreement Terms and Conditions and Applicable Manuals;
0.
G. Applicable deed restrictions, and/or governing documents. Q-
c
LIMITATION OF AUTHORITY L
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to m
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, V
modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made as a written r
amendment to this Agreement and signed by the RCO Director or delegate. r_
0
c�
WAIVER OF DEFAULT
m
Waiver of any default shall not be deemed to be a waiver of any subsequent default.Waiver or breach of any provision of the c
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a 0
U
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's
designee, and attached as an amendment to the original Agreement.
0
c
0
r
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH 0
m
L
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the
application may be deemed a breach of this Agreement. o
0
a�
c
SPECIFIC PERFORMANCE
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors' f°
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 00
deemed exclusive.The RCO may elect to exercise any, a combination of, or all of the remedies available to it under this M
Agreement, or under any provision of law, common law, or equity, including but not limited to seeking full or partial repayment C
of the grant amount paid and damages. }'
t
x
TERMINATION AND SUSPENSION W
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 a
for a grant as finally approved by RCO. For federal awards, notification of termination will comply with 2 C.F.R. §200(as 0
updated). (L
d
A. For Cause.
d
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this V
Agreement:
r
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement;
,L^
V
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the O
project by the completion date set out in this Agreement. Included in progress is adherence to tU
milestones and other defined deadlines; or
Q
c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed
to implement the project; d
(L
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 a)
be terminated. In the event of termination,the Sponsor shall be liable for damages or other relief as E
authorized by law and/or this Agreement. 0
3) RCO reserves the right to suspend all or part of the Agreement,withhold further payments, or prohibit the Q
Sponsor from incurring additional obligations of funds during the investigation of any alleged breach and
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 158
8.I.a
pending corrective action by the Sponsor, or a decision by the RCO to terminate the Contract.
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
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: a
a
1) The Sponsor was not in default; or
c
2) Failure to perform was outside Sponsor's control,fault or negligence. M
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 0
other rights and remedies provided by law. o
M
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid 2_1
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the m
director may require that any amount paid be repaid to RCO for redeposit into the account from which the o
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable V
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.
c
D. Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and 0
r
federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under 0
m
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation 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. o
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
t
1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon N
c�
the state appropriating state and federal funding each biennium. In the event the state is unable to ?�
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement,with ten (10)days written notice, until such time funds are appropriated. Suspension will mean 00
all work related to the contract must cease until such time funds are obligated to RCO and the RCO provides M
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 t
pursue a remedy provided by this Agreement or by law shall not act as or be construed as a waiver of any x
w
right to fully enforce all rights and obligations set forth in this Agreement and in applicable state or federal law
and regulations.
a
0
L
DISPUTE HEARING (L
d
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 a)
request for a dispute hearing must be in writing and clearly state:
V
A. The disputed issues;
r
B. The relative positions of the parties; L
C. The Sponsor's name, address, project title, and the assigned project number. p
U
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the o
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be a-
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on a
a third person. This process shall be repeated until a three person panel is established.
a�
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according
to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so
c�
agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 159
8.I.a
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful.
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request —
shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position
of the other party which it wishes to dispute.The written agreement to use the process under this section for resolution of
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the a
receiving party of the request. Q-
All costs associated with the implementation of this process shall be shared equally by the parties.
,L^
V
ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and
attorneys'fees. r-
O
M
GOVERNING LAW/VENUE
m
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a c
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be 0
U
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State
of Washington and agrees to venue as set forth above.
O
r
m
SEVERABILITY L
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. o
0
a�
c
END OF STANDARD TERMS AND CONDITIONS N
This is the end of the Standard Terms and Conditions of the Agreement. f°
00
LO
ti
M
a+
t
X
W
N
Q
O
L
a
a�
c
a�
c.�
r
c
,L^
V
O
U
Q
d
d
r
c
a�
E
t
ca
Q
RCO: 22-1362 Revision Date: 5/1/2023
Packet Pg. 160
8.J
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Washington Recreation and Conservation Office Grant -
Springwood Park - Authorize
MOTION: I move to accept grant funds in the amount of $500,000 from the
Recreation and Conservation Office for the Springwood Park Renovation
Project, amend the budget, authorize expenditure of funds, and authorize
the Mayor to sign all necessary agreements and other documents, subject
to terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: The Park Planning and Development Division applied for and was
awarded a grant from the Recreation and Conservation Office in the amount of
$500,000 for the Springwood Park Renovation Project. This grant will assist with
construction costs for the project.
BUDGET IMPACT: Unanticipated revenue to the Parks Capital Budget.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. PPD-WA RCO Grant - Springwood Park - Renovation-Exhibit (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 161
WASHINGTON 57ATE RCO Grant Agreem
+� Recreation and
1 Conservation Office
Project Sponsor: City of Kent Project Number:22-1372D
Project Title: Springwood Park Renovation Approval Date:06/28/2023 ,
c
L
PARTIES OF THE AGREEMENT
m
This Recreation and Conservation Office Grant Agreement(Agreement) is entered into between the State of Washington by U
and through the Recreation and Conservation Funding Board (RCFB or funding board)and the Recreation and Conservation p
Office(RCO), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Kent(Sponsor, and primary Sponsor), 220 0
Fourth Ave S, Kent,WA 98032-5895, and shall be binding on the agents and all persons acting by or through the parties. },
c�
All Sponsors are equally and independently subject to all the conditions of this Agreement except those conditions that y
expressly apply only to the primary Sponsor.
0
Prior to and during the Period of Performance, per the Applicant Resolution/Authorizations submitted by all Sponsors (and on U
file with the RCO),the identified Authorized Representative(s)/Agent(s)have full authority to legally bind the Sponsor(s) c
regarding all matters related to the project identified above, including but not limited to,full authority to: (1)sign a grant f°
c
application for grant assistance, (2)enter into this Agreement on behalf of the Sponsor(s), including indemnification, as 0
provided therein, (3)enter any amendments thereto on behalf of Sponsor(s), and (4)make any decisions and submissions
required with respect to the project.Agreements and amendments must be signed by the Authorized Representative/Agent(s)
of all Sponsors, unless otherwise allowed in the AMENDMENTS TO AGREEMENT Section.
A. During the Period of Performance, in order for a Sponsor to change its Authorized Representative/Agent as identified o
on the original signed Applicant Resolution/Authorization the Sponsor must provide the RCO a new Applicant
Resolution/Authorization signed by its governing body or a written delegation of authority to sign in lieu of originally
authorized Representative/Agency(s). Unless a new Applicant Resolution/Authorization has been provided,the RCO N
shall proceed on the basis that the person who is listed as the Authorized Representative in the last
Resolution/Authorization that RCO has received is the person with authority to bind the Sponsor to the Agreement ?�
(including any amendments thereto)and decisions related to implementation of the Agreement.
ti
B. Amendments After the Period of Performance. RCO reserves the right to request and Sponsor has the obligation to
provide, authorizations and documents that demonstrate any signatory to an amendment has the authority to legally
bind the Sponsor as described in the above Sections.
t
x
For the purposes of this Agreement, as well as for grant management purposes with RCO, only the primary Sponsor may act W
as a fiscal agent to obtain reimbursements(See PROJECT REIMBURSEMENTS Section). o
r
0
PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State
of Washington.The grant is administered by the Recreation and Conservation Office(RCO). Y
L
iL
DESCRIPTION OF PROJECT o
0
The City of Kent will use this grant to redevelop the 10-acre Springwood Park on the southeast hill of Kent.The City will 3
expand the children's play area and add walking paths, a community gathering space, a shelter, picnic tables, open lawns,
barbecue grills, stormwater infrastructure, a sports court, and benches.The primary recreation opportunity provided by this Q
project is active play. U)
c
PERIOD OF PERFORMANCE
The period of performance begins on July 1, 2023 (project start date)and ends on June 30, 2025 (project end date). No p
allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written L)
amendment or addendum to this Agreement, or specifically provided for by applicable RCWs,WACs, and any applicable RCO Q
manuals as of the effective date of this Agreement.
The RCO reserves the right to summarily dismiss any request to amend this Agreement if not made at least 60 days before a
the project end date. d
c
a�
STANDARD TERMS AND CONDITIONS INCORPORATED
The Standard Terms and Conditions of the Recreation and Conservation Office attached hereto are incorporated by reference
as part of this Agreement. Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 162
8.J.a
LONG-TERM OBLIGATIONS
For this development project,the Sponsor's long-term obligations for the project area shall be in perpetuity, beginning at
project completion, unless otherwise identified in the Agreement or as approved by the funding board or RCO.
c
PROJECT FUNDING L
The total grant award provided for this project shall not exceed$500,000.00.The RCO shall not pay any amount beyond that m
approved for grant funding of the project and within the percentage as identified below.The Sponsor shall be responsible for
all total project costs that exceed this amount. The minimum matching share provided by the Sponsor shall be as indicated 0
below:
c
Percentage Dollar Amount Source of Funding o
RCFB-WWRP-Local Parks 16.67% $500,000.00 State f°
Project Sponsor 83.33% $2,500,000.00 y
Total Project Cost 100.00% $3,000,000.00
0
U
c
RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS
0
All rights and obligations of the parties under this Agreement are further specified in and shall be interpreted in light of the
Sponsor's application and the project summary and eligible scope activities under which the Agreement has been approved
and/or amended as well as documents produced in the course of administering the Agreement, including the eligible scope
activities, the milestones report, progress reports, and the final report. Provided,to the extent that information contained in
such documents is irreconcilably in conflict with the Agreement, such information shall not be used to vary the terms of the o
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
the Standard Terms and Conditions.
AMENDMENTS TO AGREEMENT
Except as provided herein, no amendment(including without limitation, deletions)of this Agreement will be effective unless set M
forth in writing 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. This exception does LJ
not apply to a federal government Sponsor or a Sponsor that requests and enters into a formal amendment for extensions or c
minor scope adjustments. g
r
It is the responsibility of a Sponsor to ensure that any person who signs an amendment on its behalf is duly authorized to do 0
so.
m
Unless otherwise expressly stated in an amendment, any amendment to this Agreement shall be deemed to include all current Y
federal, state, and local government laws and rules, and policies applicable and active and published in the applicable RCO
manuals or on the RCO website in effect as of the effective date of the amendment,without limitation to the subject matter of d
the amendment. Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall o
apply only prospectively and shall not require that an act previously done in compliance with existing requirements be redone. 0
However, any such amendment, unless expressly stated, shall not extend or reduce the long-term obligation term.
L
Q
COMPLIANCE WITH APPLICABLE STATUTES, RULES,AND POLICIES
This Agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations,
applicable RCO manuals as identified below, Exhibits, and any applicable federal program and accounting rules effective as of
the date of this Agreement or as of the effective date of an amendment, unless otherwise provided in the amendment.
Provided, any update in law, rule, policy or a manual that is incorporated as a result of an amendment shall apply only U
prospectively and shall not require that an act previously done in compliance with existing requirements be redone unless W
otherwise expressly stated in the amendment. <
For the purpose of this Agreement,WAC Title 286, RCFB policies shall apply as terms of this Agreement. a
a-
For the purpose of this Agreement,the following RCO manuals are deemed applicable and shall apply as terms of this
Agreement:
• Development Projects-Manual 4 E
• Long Term Obligations-Manual 7
• Reimbursements-Manual 8
• WWRP- Recreation Programs-Manual 10a Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 163
8.J.a
SPECIAL CONDITIONS
None
SPECIAL CONDITIONS-CULTURAL RESOURCES
,L^
V
CONDITION APPLIES TO THE FOLLOWING AREA(S):Area of Potential Effect
State-RCO Lead: Survey required: This agreement requires compliance with Executive Order 21-02. RCO has O
completed the initial consultation for this project and a cultural resources survey is required. The cultural resources survey r-
must include documentation of any above or below ground archaeological resources as well as any possible historic 0
structures or buildings that may be affected by the project.The Sponsor must submit the results of the cultural resources
survey to RCO and receive a notice of cultural resources completion. Ground disturbance started without approval will be y
considered a breach of contract. If archaeological or historic materials are discovered while conducting ground disturbing
activities,work in the immediate vicinity must stop and the Sponsor must ensure compliance with the provisions found in 0
this agreement.All cultural resources work must meet reporting guidelines outlined by the Department of Archaeology and U
Historic Preservation.
c
c
0
r
0
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:
c
0
Sponsor Project Contact RCO Contact
c
Kerry OConnor Hayley Edmonston
Outdoor Grants Manager N
220 4th Ave S PO Box 40917
Kent,WA 98032 Olympia,WA 98504-0917
koconnor@kentwa.gov hayley.edmonston@rco.wa.gov
ti
M
These addresses and contacts shall be effective until receipt by one party from the other of a written notice of any change.
Unless otherwise provided for in this Agreement, decisions relating to the Agreement must be made by the Authorized t
Representative/Agent,who may or may not be the Project Contact for purposes of notices and communications. j
c
0
ENTIRE AGREEMENT f°
This Agreement,with all amendments and attachments, constitutes the entire Agreement of the parties. No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties.
EFFECTIVE DATE f°
d
Unless otherwise provided for in this Agreement,this Agreement,for Project 22-1372, shall become effective and binding on 13
0
the date signed by both the sponsor and the RCO's authorized representative,whichever is later(Effective Date). 0
Reimbursements for eligible and allowable costs incurred within the period of performance identified in the PERIOD OF
PERFORMANCE Section are allowed only when this Agreement is fully executed and an original is received by RCO.
L
Q
The Sponsor has read,fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement U)
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 p
U
By: Date:
Q
Name(printed): p
IL
a
Title:
c
a�
E
t
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 164
8.J.a
State of Washington Recreation and Conservation Office
On behalf of the Recreation and Conservation Funding Board (RCFB or funding board)
By: Date: ,
Megan Duffy
Director
Recreation and Conservation Office
m
Pre-approved as to form: 0
c
O
By: 4 Date: 05/01/2023 y
Assistant Attorney General
O
U
c
c
O
r
R
N
L
V
NN�
L7�
O
IM
ti
ti
M
t
X
W
C
O
O
C
N
Y
R
d
O
O
3
a�
L
Q
cn
V
0
U
Q
a
a
:.;
c
a�
E
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 165
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1372D
Project Title: Springwood Park Renovation Approval Date:06/28/2023
c
,L^
V
Eligible Scope Activities ;
0
a
ELIGIBLE SCOPE ACTIVITIES 0
c�
Development Metrics y
c
0
Worksite#1, Springwood Park U
c
General Site Improvements
c
Construct picnic shelter 0
r
Number of group picnic shelters: 1 new, 0 renovated y
L
Develop circulation paths or access routes
Enter length of circulation paths and routes by surface type:
Asphalt 2235 0
Concrete 393
c
Crushed rock 465
Lighting provided (yes/no): Yes
Install fencing/barriers
ti
u�
Install lighting (general security) M
Number of general security lights installed: 20
Install signs/kiosk
Number of kiosks: 1 new, 0 renovated �x
Number of interpretive signs/displays: 2 new, 0 renovated
Number of permanent entrance signs: 0 new, 2 renovated 0
r
Number of electronic signs: 0 new, 0 renovated
Project involves installation of informational signs(yes/no): Yes 0
c
m
Install site furnishings W
Select the site furniture/amenities : Benches, Bike racks, Drinking fountains, Grills, Y
Pet waste bag dispensers, Picnic tables, CU
Recycling/Trash receptacles (L
Landscaping improvements 00
Acres of landscaped area : 6.50 3
a�
Select the landscape features: Boulders, Drainage, Grass/turf, Groundcover,
Irrigation, Native vegetation, Trees/shrubs a
U)
Play Areas
Playground development L
Number of play areas: 2 new, 0 renovated 0
Full replacement of all playground features. U
Number of climbing walls/rocks: 0 new, 0 renovated
Select the play area surface material type: Engineered wood fiber
Site Preparation a
d
General site preparation
a�
Sport Courts E
t
Multi-purpose court development
Select the surface types for multi-purpose courts: Impervious Q
Select the multi-purpose court renovation elements: Add/upgrade court amenities
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 166
8.J.a
Utilities
Install power utilities
Select the power utilities: General service connection +,
Service connections of water and electricity for M
shelter, pathway lighting, irrigation, and water a
fountain. m
Install stormwater system O
Select the stormwater utilities: Bio filtration swale, Drainage ditches, Stormwater 0
retention ponds O
Stormwater system purpose is to mitigate runoff
and enhance natural habitat and ecology.
a�
N
Cultural Resources
O
Cultural resources U
c
Permits f°
c
O
Obtain permits
m
L
Architectural &Engineering
Architectural &Engineering (A&E)
c
O
a�
c
ti
u�
ti
M
t
X
W
C
O
O
C
N
Y
R
(L
13
O
O
3
a�
L
Q
U)
V
O
U
Q
a.
a
c
a�
E
M
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 167
WASHINGTON 57ATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1372D
Project Title: Springwood Park Renovation Approval Date:06/28/2023
c
,L^
V
Project Milestones ;
0
a
PROJECT MILESTONE REPORT 0
c�
Complete Milestone Target Date Comments/Description
Design Initiated 07/01/2023 y
Project Start 07/01/2023 0
60% Plans to RCO 08/31/2023 U
Applied for Permits 09/15/2023 c
Cultural Resources Stud 09/30/2023 Cultural Resources Survey Required, See Special
f°
Y Y q P �
Conditions 0
Cultural Resources Complete 11/30/2023 IDP Required, See Special Conditions
Progress Report Due 12/31/2023
All Bid Docs/Plans to RCO 02/01/2024
RCO Notice to Proceed 03/01/2024 Required before construction begins c
Bid Awarded/Contractor Hired 04/01/2024
a�
Construction Started 05/01/2024
Progress Report Due 06/30/2024
Annual Project Billing Due 07/31/2024
50%Construction Complete 09/01/2024
RCO Interim Inspection 09/01/2024
90%Construction Complete 11/01/2024
Construction Complete 12/31/2024 +.
Progress Report Due 12/31/2024 Z
Funding Acknowl Sign Posted 01/31/2025 �x
RCO Final Inspection 02/28/2025 c
Final Billing Due 03/10/2025 g
r
Final Report Due 03/15/2025 f°
Agreement End Date 06/30/2025 0
m
(L
0
0
3
a�
L
Q
U)
V
O
U
Q
a
a
c
a�
E
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 168
.J WASHINGTON STATE RCO Grant Agreem
Recreation and
Conservation Office
Project Sponsor: City of Kent Project Number:22-1372D
Project Title: Springwood Park Renovation Approval Date:06/28/2023
c
,L^
V
Standard Terms and Conditions of the Recreation and
Conservation Office 0
0
L
Table of Contents
0
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE......................................................................................................9 U
CITATIONS, HEADINGS AND DEFINITIONS ..............................................................................................................................9 c
PERFORMANCE BY THE SPONSOR........................................................................................................................................12 f°
c
ASSIGNMENT.............................................................................................................................................................................12 0
RESPONSIBILITY FOR PROJECT.............................................................................................................................................12
INDEMNIFICATION.....................................................................................................................................................................12 L
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................................................................................13
a�
CONFLICT OF INTEREST..........................................................................................................................................................13
COMPLIANCE WITH APPLICABLE LAW...................................................................................................................................13
0
ARCHAEOLOGICAL AND CULTURAL RESOURCES...............................................................................................................14
RECORDS...................................................................................................................................................................................15
PROJECTFUNDING...................................................................................................................................................................15
PROJECTREIMBURSEMENTS.................................................................................................................................................16 R
RECOVERYOF PAYMENTS......................................................................................................................................................16
COVENANT AGAINST CONTINGENT FEES.............................................................................................................................16 ti
INCOME (AND FEES)AND USE OF INCOME...........................................................................................................................17 ti
PROCUREMENT REQUIREMENTS...........................................................................................................................................17
TREATMENT OF EQUIPMENT AND ASSETS...........................................................................................................................17
RIGHT OF INSPECTION.............................................................................................................................................................18
STEWARDSHIP AND MONITORING .........................................................................................................................................18 x
x
PREFERENCES FOR RESIDENTS............................................................................................................................................18 uJ
ACKNOWLEDGMENT AND SIGNS............................................................................................................................................18
0
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS ..........18
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS .....................................................................................19 >
CONSTRUCTION, OPERATION, USE, AND MAINTENANCE OF ASSISTED PROJECTS .....................................................19 c
ORDER OF PRECEDENCE........................................................................................................................................................210 (D
LIMITATION OF AUTHORITY.....................................................................................................................................................20
WAIVEROF DEFAULT...............................................................................................................................................................20 L
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH .....................................20 f°
d
SPECIFICPERFORMANCE.......................................................................................................................................................20 -0
TERMINATION AND SUSPENSION...........................................................................................................................................21 0
0
DISPUTEHEARING....................................................................................................................................................................22 3
ATTORNEYS' FEES....................................................................................................................................................................212
GOVERNING LAW/VENUE.........................................................................................................................................................22
a
SEVERABILITY...........................................................................................................................................................................22 U)
END OF STANDARD TERMS AND CONDITIONS.....................................................................................................................22
r
c
0
,Ln
V
0
U
d'
Q
a
a
w
c
a�
E
0
a
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 169
8.J.a
STANDARD TERMS AND CONDITIONS EFFECTIVE DATE
This document sets forth the Standard Terms and Conditions of the Recreation and Conservation Office as of 07/10/2023.
c
L
CITATIONS, HEADINGS AND DEFINITIONS
m
A. Any citations referencing specific documents refer to the current version on the effective date of this Agreement or the U
effective date of any amendment thereto. p
c
B. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of
this Agreement. f°
a�
C. Definitions.As used throughout this Agreement, the following terms shall have the meaning set forth below:
0
Agreement,terms of the Agreement,or project agreement—The document entitled "RCO GRANT AGREEMENT" U
accepted by all parties to the present project and transaction, including without limitation the Standard Terms and c
Conditions of the RCO Grant Agreement, all exhibits, attachments, addendums, amendments, and applicable f°
manuals, and any intergovernmental agreements, and/or other documents that are incorporated into the Agreement 0
subject to any limitations on their effect under this Agreement.
m
L
applicable manual(s), manual—A manual designated in this Agreement to apply as terms of this Agreement,
subject(if applicable)to substitution of the"RCO director"for the term"board"in those manuals where the project is
not approved by or funded by the referenced board, or a predecessor to the board. o
0
a�
applicable WAC(s)—Designated chapters or provisions of the Washington Administrative Code that apply by their
terms to the type of grant in question or are deemed under this Agreement to apply as terms of the Agreement, N
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. ?�
ti
applicant—Any party, prior to becoming a Sponsor,who meets the qualifying standards/eligibility requirements for ti
the grant application or request for funds in question.
application—The documents and other materials that an applicant submits to the RCO to support the applicant's
request for grant funds;this includes materials required for the"Application" in the RCO's automated project x
information system, and other documents as noted on the application checklist including but not limited to legal W
opinions, maps, plans, evaluation presentations and scripts. 0
r
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 c
has the signature authority to bind the Sponsor to this Agreement, grant, and project.
C.F.R.—Code of Federal Regulations
d
completed project or project completion—The status of a project when all of the following have occurred: 'D
0
0
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of 3
work to implement the project have been completed satisfactorily.
• A final project report is submitted to and accepted by RCO. Q
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been U)
delivered to the RCO.
r
• 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). p
U
W
contractor—An entity that receives a contract from a Sponsor related to performance of work or another obligation <
under this Agreement.
IL
conversion—A conversion occurs 1)when facilities acquired, developed, renovated or restored within the project a
area are changed to a use other than that for which funds were approved,without obtaining prior written formal RCO
or board approval, 2)when property interests are conveyed to a third party not otherwise eligible to receive grants in E
the program from which funding was approved without obtaining prior written formal RCO or board approval, or 3) t
when obligations to operate and maintain the funded property are not complied with after reasonable opportunity to U
cure.
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 170
8.J.a
Cultural Resources—Archaeological or historic archaeological sites, historic buildings/structures, and cultural or
sacred places.
development project—A project that results in the construction of, or work resulting in, new elements, including but ,
not limited to structures,facilities, and/or materials to enhance outdoor recreation resources.A development project
may also involve activities that redevelop or renovate an existing facility, and these may occur exclusively in the L
project or in combination with new construction. For projects in the Boating Facilities Program,the term"development a
project"includes all of the above and may also include those activities that are defined as maintenance in 50 C.F.R m
86. 441-1
O
director—The chief executive officer of the Recreation and Conservation Office or that person's designee. o
effective date—The date when the signatures of all parties to this agreement are present in the agreement. 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 0
established by the Sponsor or$5,000(2 C.F.R. Part 200(as updated)).
c
fundingboard or board—The Washington State Recreation and Conservation Funding Board, or the Washington
f°
9 9 9 �
State Salmon Recovery Funding Board. Or both as may apply. o
r
Funding Entity—the entity that approves the project that is the subject to this Agreement.
a�
grant program—The source of the grant funds received. May be an account in the state treasury, or a grant category
within a larger grant program, or a federal source. 0
am
long-term compliance period—The term of years, beginning on the end date of the agreement,when long-term
obligations exist for the Sponsor. The start date and end date of the compliance period may also be prescribed by N
RCO per the Agreement.
long-term obligations—Sponsor's obligations after the project end date, as specified in the Agreement and manuals
and other exhibits as may apply. M
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.
t
x
LLJ
match or matching share—The portion of the total project cost provided by the Sponsor.
0
milestone—An important event with a defined date to track an activity related to implementation of a funded project
and monitor significant stages of project accomplishment. >
0
c
Office—Means the Recreation and Conservation Office or RCO.
pass-through entity—A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal
program (2 CFR 200(as updated)). If this Agreement is a federal subaward, RCO is the pass-through entity. a
13
period of performance—The period beginning on the project start date and ending on the project end date. 00
3
pre-agreement cost—A project cost incurred before the period of performance.
L
Q
primary Sponsor—The Sponsor who is not a secondary Sponsor and who is specifically identified in the Agreement cA
as the entity to which RCO grants funds to and authorizes and requires to administer the grant.Administration
includes but is not limited to acting as the fiscal agent for the grant(e.g. requesting and accepting reimbursements,
submitting reports). Primary Sponsor includes its officers, employees, agents and successors.
project—The undertaking that is funded by this Agreement either in whole or in part with funds administered by L)
RCO.
Q
project area-A geographic area that delineates a grant assisted site which is subject to project agreement
requirements.
IL
a-
project completion or completed project—The status of a project when all of the following have occurred:
c
a�
• The grant funded project has been inspected by the RCO and the RCO has determined that all scopes of E
work to implement the project have been completed satisfactorily. U
• A final project report is submitted to and accepted by RCO.
• Any needed amendments to the Agreement have been entered by the Sponsor and RCO and have been Q
delivered to the RCO.
• A final reimbursement request has been delivered to and paid by RCO.
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 171
8.J.a
• Documents affecting property rights(including RCO's as may apply)and any applicable notice of grant, have
been recorded (as may apply).
project cost—The total allowable costs incurred under this Agreement and all required match share and voluntary
committed matching share, including third-party contributions(see also 2 C.F.R. Part 200 (as updated))for federally L
funded projects). t9
m
U
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. O
c
project start date—The specific date identified in the Agreement on which the period of performance starts.
RCFB—Recreation and Conservation Funding Board y
c
RCO—Recreation and Conservation Office—The state agency that administers the grant that is the subject of this 0
Agreement. RCO includes the director and staff.
c
RCW—Revised Code of Washington
0
reimbursement—RCO's payment of funds from eligible and allowable costs that have already been paid by the m
Sponsor per the terms of the Agreement.
a�
renovation project—A project intended to improve an existing site or structure in order to increase its useful service
life beyond current expectations or functions. This does not include maintenance activities to maintain the facility for 0
its originally expected useful service life. cM
c
secondary Sponsor—One of two or more Sponsors who is not a primary Sponsor. Only the primary Sponsor may U)
be the fiscal agent for the project. M
Sponsor—A Sponsor is an organization that is listed in and has signed this Agreement.
ti
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.
t
x
LLJ
subaward—Funds allocated to the RCO from another organization,for which RCO makes available to or assigns to
another organization via this Agreement.Also, a subaward may be an award provided by a pass-through entity to a 0
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
a contract.Also see 2 C.F.R. Part 200 (as updated). For federal subawards, a subaward is for the purpose of carrying
out a portion of a Federal award and creates a federal assistance relationship with the subrecipient(2 C.F.R. Part 200
(as updated)). If this Agreement is a federal subaward,the subaward amount is the grant program amount in the
Project Funding Section. a
subrecipient—Subrecipient means an entity that receives a subaward. For non-federal entities receiving federal 00
funds, a subrecipient is an entity that receives a subaward from a pass-through entity to carry out part of a federal
program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a tM
recipient of other federal awards directly from a federal awarding agency(2 C.F.R. Part 200(as updated)). If this Q
Agreement is a federal subaward,the Sponsor is the subrecipient. U)
tribal consultation—Outreach, and consultation with one or more federally recognized tribes(or a partnership or
coalition or consortium of such tribes, or a private tribal enterprise)whose rights will or may be significantly affected
by the proposed project.This includes sharing with potentially-affected tribes the scope of work in the grant and O
potential impacts to natural areas, natural resources, and the built environment by the project. It also includes U
responding to any tribal request from such tribes and considering tribal recommendations for project implementation
which may include not proceeding with parts of the project, altering the project concept and design,or relocating the
project or not implementing the project, all of which RCO shall have the final approval of.
IL
useful service life—Period during which a built asset, equipment, or fixture is expected to be useable for the d
purpose it was acquired, installed, developed, and/or renovated, or restored per this Agreement.
a�
WAC—Washington Administrative Code. E
t
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 172
8.J.a
PERFORMANCE BY THE SPONSOR
The Sponsor shall undertake the project as described in this Agreement, and in accordance with the Sponsor's proposed
goals and objectives described in the application or documents submitted with the application, all as finally approved by the
RCO (to include any RCO approved changes or amendments thereto).All submitted documents are incorporated by this
reference as if fully set forth herein. c
L
Timely completion of the project and submission of required documents, including progress and final reports, is important. t,
Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement. 00)
441-1
ASSIGNMENT 0
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.
0
U
RESPONSIBILITY FOR PROJECT -0
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 0
r
third party, other than as is expressly set out in this Agreement.
L
V
The responsibility for the implementation of the project is solely that of the Sponsor, as is the responsibility for any claim or suit
of any nature by any third party related in any way to the project.When a project has more than one Sponsor, any and all
c
Sponsors are equally responsible for the project and all post-completion stewardship responsibilities and long-term obligations 0
unless otherwise stated in this Agreement.
t
The RCO, its employees, assigns, consultants and contractors, and members of any funding board or advisory committee or
other RCO grant review individual or body, have no responsibility for reviewing, approving, overseeing or supervising design, ?�
construction, or safety of the project and leaves such review, approval, oversight and supervision exclusively to the Sponsor
and others with expertise or authority. In this respect,the RCO, its employees, assigns, consultants and contractors, and any
funding board or advisory committee or other RCO grant review individual or body will act only to confirm at a general, lay ti
person, and nontechnical level, solely for the purpose of project eligibility and payment and not for safety or suitability, that the
project apparently is proceeding or has been completed as per the Agreement.
t
x
w
INDEMNIFICATION c
The Sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or r
suits at law or equity arising in whole or in part from the actual or alleged acts, errors, omissions or negligence in connection >
with this Agreement(including without limitation all work or activities thereunder), or the breach of any obligation under this 0
Agreement by the Sponsor or the Sponsor's agents, employees, contractors, subcontractors,or vendors, of any tier, or any
other persons for whom the Sponsor may be legally liable. ,
L
Provided that nothing herein shall require a Sponsor to defend or indemnify the State against and hold harmless the State
from claims, demands or suits based solely upon the negligence of the State, its employees and/or agents for whom the State d
13
is vicariously liable. 0
3
Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the Sponsor or the
Sponsor's agents or employees, and (b)the State, or its employees or agents the indemnity obligation shall be valid and
enforceable only to the extent of the Sponsor's negligence or its agents, or employees. Q-
U)
As part of its obligations provided above,the Sponsor specifically assumes potential liability for actions brought by the
Sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense,the
Sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. Sponsor's waiver of O
immunity under this provision extends only to claims against Sponsor by Indemnitee RCO, and does not include, or extend to, O
any claims by Sponsor's employees directly against Sponsor.
Q
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 p
provided herein as if it were the Sponsor.This shall not apply to a contractor or subcontractor is solely donating its services to a
a
the project without compensation or other substantial consideration.
c
The Sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, E
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 Q
other persons for whom the Sponsor may be legally liable, in performance of the work under this Agreement or arising out of
any use in connection with the Agreement of methods, processes, designs, information or other items furnished or
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 173
8.J.a
communicated to the State, its agents, officers and employees pursuant to the Agreement. Provided,this indemnity shall not
apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions resulting from the State's, its agents', officers'and
employees'failure to comply with specific written instructions regarding use provided to the State, its agents, officers and ,
employees by the Sponsor, its agents, employees, contractors, subcontractors or vendors, of any tier, or any other persons for
whom the Sponsor may be legally liable. L
a
The funding board and RCO are included within the term State, as are all other agencies, departments, boards, councils, m
committees, divisions, bureaus, offices, societies, or other entities of state government. 441-1
O
c
0
INDEPENDENT CAPACITY OF THE SPONSOR
c�
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 0
Funding Entity, or of the state of Washington, nor will the Sponsor make any claim of right, privilege or benefit which would r_
0
accrue to an employee under RCW 41.06. U
The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by M
federal, state, and/or local laws. c
r
0
m
L
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 o
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.
t
In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the 0
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
In
Agreement. ti
M
COMPLIANCE WITH APPLICABLE LAW
t
In implementing the Agreement,the Sponsor shall comply with all applicable federal, state, and local laws(including without j
limitation all applicable ordinances, codes, rules, and regulations). Such compliance includes,without any limitation as to other c
applicable laws,the following laws: g
r
A. Nondiscrimination Laws.The Sponsor shall comply with all applicable federal, state, and local nondiscrimination 0
laws and/or policies, including but not limited to:the Americans with Disabilities Act; Civil Rights Act; and the Age y
Discrimination Employment Act(if applicable). In the event of the Sponsor's noncompliance or refusal to comply with
any nondiscrimination law or policy,the Agreement may be rescinded, cancelled, or terminated in whole or in part, Y
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 a
where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following 0
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."
B. Secular Use of Funds. No funds awarded under this grant may be used to pay for any religious activities,worship, or a
instruction, or for lands and facilities for religious activities,worship, or instruction. Religious activities,worship, or
instruction may be a minor use of the grant supported recreation and conservation land or facility.
0
L
C. Wages and Job Safety.The Sponsor agrees to comply with all applicable laws, regulations, and policies of the C9
United States and the State of Washington or other jurisdiction which affect wages and job safety.The Sponsor O
agrees when state prevailing wage laws(RCW 39.12)are applicable,to comply with such laws,to pay the prevailing U
rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to
file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as
required by RCW 39.12.40.The Sponsor also agrees to comply with the provisions of the rules and regulations of the
Washington State Department of Labor and Industries. a
d
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 0
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. Q
2) Exception, Service Organizations of Trail and Environmental Projects(RCW 79A.35.130). If allowed by state
and federal law and rules, participants in conservation corps programs offered by a nonprofit organization
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 174
8.J.a
affiliated with a national service organization established under the authority of the national and community
service trust act of 1993, P.L. 103-82, are exempt from provisions related to rates of compensation while
performing environmental and trail maintenance work provided: (1)The nonprofit organization must be
registered as a nonprofit corporation pursuant to RCW 24.03; (2)The nonprofit organization's management ,
and administrative headquarters must be located in Washington; (3)Participants in the program must spend
at least fifteen percent of their time in the program on education and training activities; and (4)Participants in L
the program must receive a stipend or living allowance as authorized by federal or state law. Participants are a
exempt from provisions related to rates of compensation only for environmental and trail maintenance work m
conducted pursuant to the conservation corps program. 441-1
O
D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used, other than for normal and o
recognized executive-legislative relationships,for publicity or propaganda purposes, or for the preparation, },
distribution, or use of any kit, pamphlet, booklet, publication, radio,television, or video presentation designed to f°
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 0
legislature. U
c
E. Debarment and Certification. B signing the Agreement with RCO,the Sponsor certifies that neither it nor its f°
Y 9 9 9 P �
principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared 0
ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. coo
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."
c
0
ARCHAEOLOGICAL AND CULTURAL RESOURCES a�
c
A. Project Review. RCO facilitates the review of projects for potential impacts to archaeology and cultural resources,
except as those listed below.The Sponsor shall follow RCO guidance and directives to assist it with such review as
may apply.
1) Projects occurring on State/Federal Lands: Archaeological and cultural resources compliance for projects In
occurring on State or Federal Agency owned or managed lands,will be the responsibility of the respective
agency, regardless of sponsoring entity type. Prior to ground disturbing work or alteration of a potentially +,
historic or culturally significant structure, or release of final payments on an acquisition,the Sponsor must
provide RCO all documentation acknowledging and demonstrating that the applicable archaeological and x
cultural resources responsibilities of such state or federal landowner or manager has been conducted. w
c
B. Termination. RCO retains the right to terminate a project due to anticipated or actual impacts to archaeology and g
r
cultural resources.
0
C. Notice To Proceed. No work shall commence in the project area until RCO has provided a notice of cultural resources
completion. RCO may require on-site monitoring for impacts to archaeology and cultural resources during any
demolition, construction, land clearing, restoration, or repair work, and may direct that work stop to minimize, mitigate, Y
or avoid impacts to archaeology and cultural resource impacts or concerns.All cultural resources requirements for c`a
non ground disturbing projects (such as acquisition or planning projects)must be met prior to final reimbursement. d
0
D. Compliance and Indemnification.At all times, the Sponsor shall take reasonable action to avoid, minimize, or mitigate 0
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 i
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 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 M
Agreement. Sponsor shall comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable 0
local, state, and federal laws protecting cultural resources and human remains. O
U
W
E. Costs associated with project review and evaluation of archeology and cultural resources are eligible for Q
reimbursement under this agreement. Costs that exceed the budget grant amount shall be the responsibility of the
Sponsor. p
IL
F. Inadvertent Discovery Plan.The Sponsor shall request, review, and be bound by the RCO Inadvertent Discovery a
Plan, and: c
a�
1) Keep the IDP at the project site.
c�
2) Make the IDP readily available to anyone working at the project site. Q
3) Discuss the IDP with staff and contractors working at the project site.
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 175
8.J.a
4) Implement the IDP when cultural resources or human remains are found at the project site.
G. Inadvertent Discovery
1) If any archaeological or historic resources are found while conducting work under this Agreement, the
Sponsor shall immediately stop work and notify RCO,the Department of Archaeology and Historic L
Preservation at(360)586-3064, and any affected Tribe, and stop any activity that may cause further t9
disturbance to the archeological or historic resources.
441-1
2) If any human remains are found while conducting work under this Agreement, Sponsor shall immediately O
stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then o
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 f°
provides a new notice to proceed.
N
C
a) Any human remains discovered shall not be touched, moved, or further disturbed unless directed by U
RCO or the Department of Archaeology and Historic Preservation (DAHP).
c
b The count medical examiner/coroner will assume jurisdiction over the human skeletal remains and f°
Y 1 �
make a determination of whether those remains are forensic or non-forensic. If the county medical o
examiner/coroner determines the remains are non-forensic,then they will report that finding to the
Department of Archaeology and Historic Preservation (DAHP)who will then take jurisdiction over
the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find.The
State Physical Anthropologist will make a determination of whether the remains are Indian or Non-
Indian and report that finding to any appropriate cemeteries and the affected tribes.The DAHP will p
then handle all consultation with the affected parties as to the future preservation, excavation, and
disposition of the remains.
t
RECORDS
A. Digital Records. If requested by RCO, the Sponsor must provide a digital file(s)of the project property and funded ti
project site in a format specified by the RCO.
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 x
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in w
the performance of this Agreement. Sponsor shall retain such records for a period of nine years from the date RCO c
deems the project complete, as defined in the PROJECT REIMBURSEMENTS Section. If any litigation, claim or audit g
r
is started before the expiration of the nine(9)year period,the records shall be retained until all litigation, claims, or
audit findings involving the records have been resolved. 0
m
C. Access to Records and Data.At no additional cost,the records relating to the Agreement, including materials
generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, Y
personnel duly authorized by RCO,the Office of the State Auditor, and federal and state officials so authorized by c`a
law, regulation or agreement.This includes access to all information that supports the costs submitted for payment d
under the grant and all findings, conclusions, and recommendations of the Sponsor's reports, including computer o
models and methodology for those models. G
3
a�
D. Public Records. Sponsor acknowledges that the RCO is subject to RCW 42.56 and that this Agreement and any i
records Sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56. RCO rn
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. 0
The Sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy O
such record to respond to a request under state public records laws.The Sponsor hereby agrees to release the State U
from any claims arising out of allowing such review or copying pursuant to a public records act request, and to Q
indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's
defense of such claims. p
IL
a-
PROJECT FUNDING
a�
A. Authority. This Agreement and funding is made available to Sponsor through the RCO. E
t
B. Additional Amounts.The RCO or Funding Entity shall not be obligated to pay any amount beyond the dollar amount
as identified in this Agreement, unless an additional amount has been approved in advance by the RCO director and Q
incorporated by written amendment into this Agreement.
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 176
8.J.a
C. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the project start date
shall be eligible for grant funds, in whole or in part, unless specifically provided for by the RCO director, such as a
waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs, this
Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement ,
may be reduced as necessary to exclude any such expenditure from reimbursement.
L
D. After the Period of Performance. No expenditure made, or obligation incurred,following the period of performance t9
shall be eligible, in whole or in part,for grant funds hereunder. In addition to any remedy the RCO or Funding Entity
may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such 441-1
expenditure from participation. O
c
0
PROJECT REIMBURSEMENTS
A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12, y
whichever has been designated to apply. Only the primary Sponsor may request reimbursement for eligible and
0
allowable costs incurred during the period of performance. The primary Sponsor may request reimbursement only U
after(1)this Agreement has been fully executed and (2)the Sponsor has remitted payment to its vendors. RCO will
authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in the PROJECT ca
FUNDING Section. Reimbursement shall not be approved for any expenditure not incurred by the Sponsor, or for a
donation used as part of its matching share. RCO does not reimburse for donations.All reimbursement requests must r
include proper documentation of expenditures as required by RCO. y
L
V
B. Reimbursement Request Frequency.The primary Sponsor is required to submit a reimbursement request to RCO,
at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or
as identified in the milestones. Sponsors must refer to the most recent applicable RCO manuals and this Agreement
regarding reimbursement requirements.
t
C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly
conditioned on strict compliance with the terms of this Agreement and other agreements between RCO and the
Sponsor.
ti
u�
D. Conditions for Payment of Retainage. RCO reserves the right to withhold disbursement of the total amount of the
grant to the Sponsor until the following has occurred:
1) RCO has accepted the project as a completed project,which acceptance shall not be unreasonably withheld. x
w
2) On-site signs are in place(if applicable);Any other required documents and media are complete and c
submitted to RCO;Grant related fiscal transactions are complete, and g
r
3) RCO has accepted a final boundary map of the project area for which the Agreement terms will apply in the 0
future. m
RECOVERY OF PAYMENTS d
A. Recovery for Noncompliance. In the event that the Sponsor fails to expend funds under this Agreement in 13
accordance with state and federal laws, and/or the provisions of the Agreement,fails to meet its percentage of the 0
project total, and/or fails to comply with any of the terms and conditions of the Agreement, RCO reserves the right to 3
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.
a
U)
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 O
and owing on the date that the Sponsor receives the overpayment from the RCO. If the payment is due to an error of L)
RCO, it shall be due and owing 30 days after demand by RCO for refund.
Q
COVENANT AGAINST CONTINGENT FEES
IL
The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an a-
agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or
bona fide established agents maintained by the Sponsor for the purpose of securing business. RCO shall have the right, in the
event of breach of this clause by the Sponsor,to terminate this Agreement and to be reimbursed by Sponsor for any grant
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 Q
commission, percentage, brokerage or contingent fee.
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 177
8.J.a
INCOME(AND FEES)AND USE OF INCOME
See WAC 286-13-110 for additional requirements for projects funded from the RCFB.
A. Compatible source.The source of any income generated in a funded project or project area must be compatible with
the funding source and the Agreement and any applicable manuals, RCWs, and WACs. c
L
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 U
permit, cattle grazing,timber harvesting,farming, rent,franchise fees, ecosystem services, carbon offsets iF
O
sequestration, etc.)during or after the reimbursement period cited in the Agreement, must be used to offset:
c
0
1) The Sponsor's matching resources;
2) The project's total cost; 0
N
C
3) The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program L j
assisted by the grant funding;
c
4) The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the c
Sponsor's system; 0
r
0
m
5) Capital expenses for similar acquisition and/or development and renovation; and/or
a�
6 Other purposes explicitly approved b RCO or otherwise provided for in this agreement.
P P P Y PP Y P �
0
C. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed, maintained,
c
renovated, or restored and shall be consistent with the:
0
1) Grant program laws, rules, and applicable manuals; ?�
2) Value of any service(s)furnished;
ti
M
3) Value of any opportunities furnished; and
4) Prevailing range of public fees in the state for the activity involved. t
x
w
c
PROCUREMENT REQUIREMENTS r
A. Procurement Requirements. If the Sponsor has, or is required to have, a procurement process that follows c
applicable state and/or federal law or procurement rules and principles, it must be followed, documented, and
retained. If no such process exists, the Sponsor must follow these minimum procedures: m
1) Publish a notice to the public requesting bids/proposals for the project; L
(L
2) Specify in the notice the date for submittal of bids/proposals; 'D
0
3) Specify in the notice the general procedure and criteria for selection; and 3
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. rn
5) Comply with the same legal standards regarding unlawful discrimination based upon race, gender, ethnicity, c
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. 0
U
W
This procedure creates no rights for the benefit of third parties, including any proposers, and may not be Q
enforced or subject to review of any kind or manner by any entity other than the RCO. Sponsors may be
required to certify to the RCO that they have followed any applicable state and/or federal procedures or the
above minimum procedure where state or federal procedures do not apply. IL
c
a�
TREATMENT OF EQUIPMENT AND ASSETS E
t
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. Q
A. Discontinued Use. Equipment obtained under this Agreement shall remain in the possession of the Sponsor for the
duration of the project, or RULES of applicable grant assisted program.When the Sponsor discontinues use of the
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 178
8.J.a
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.
B. Loss or Damage.The Sponsor shall be responsible for any loss or damage to equipment. ,
c
L
RIGHT OF INSPECTION O
The Sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or U
official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate 441-1
performance, long-term obligations, compliance, and/or quality assurance under this Agreement. If a landowner agreement or 0
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.
a�
N
STEWARDSHIP AND MONITORING 0
0
Sponsor agrees to perform monitoring and stewardship functions as stated in the applicable WACs and manuals,this U
Agreement, or as otherwise directed by RCO consistent with the existing laws and applicable manuals. Sponsor further agrees c
to utilize,where applicable and financially feasible, any monitoring protocols recommended by the RCO; provided that RCO f°
does not represent that any monitoring it may recommend will be adequate to reasonably assure project performance or o
safety. It is the sole responsibility of the Sponsor to perform such additional monitoring as may be adequate for such purposes.
m
L
V
PREFERENCES FOR RESIDENTS
c
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential 0
reservation, membership, and/or permit systems)except that reasonable differences in admission and other fees may be
c
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.
ti
u�
ACKNOWLEDGMENT AND SIGNS r~i
A. Publications.The Sponsor shall include language which acknowledges the funding contribution of the applicable _
grant program to this project in any release or other publication developed or modified for, or referring to, the project Z
during the project period and in the future. x
w
B. Signs. 1�
0
r
1) During the period of performance through the period of long-term obligation,the Sponsor shall post openly c
visible signs or other appropriate media at entrances and other locations on the project area that
acknowledge the applicable grant program's funding contribution, unless waived by the director; and
2) During the period of long-term obligation,the Sponsor shall post openly visible signs or other appropriate L
media at entrances and other locations to notify the public of the availability of the site for reasonable public f°
a
access.
0
0
C. Ceremonies.The Sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. 3
The Sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication
ceremonies and in all advertisements and mailings thereof, and any and all of its related digital media publications. Q
U)
PROVISIONS APPLYING TO DEVELOPMENT, MAINTENANCE, RENOVATION,AND RESTORATION PROJECTS
0
The following provisions shall be in force: 0
O
A. Operations and Maintenance. Properties, structures, and facilities developed, maintained, or operated with the U
assistance of money granted per this Agreement and within the project area shall be built, operated, and maintained Q
according to applicable regulations, laws, building codes, and health and public safety standards to assure a
reasonably safe condition and to prevent premature deterioration. It is the Sponsor's sole responsibility to ensure the
same are operated and maintained in a safe and operable condition. The RCO does not conduct safety inspections or a
employ or train staff for that purpose. d
c
B. Document Review and Approval. Prior to commencing construction or finalizing the design, the Sponsor agrees to 0
submit one copy of all construction and restoration plans and specifications to RCO for review solely for compliance E
with the scope of work to be identified in the Agreement. RCO does not review for, and disclaims any responsibility to
c�
review for safety, suitability, engineering, compliance with code, or any matters other than the scope so identified.
Although RCO staff may provide tentative guidance to a Sponsor on matters related to site accessibility by persons Q
with a disability, it is the Sponsor's responsibility to confirm that all legal requirements for accessibility are met even if
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 179
8.J.a
the RCO guidance would not meet such requirements.
1) Change orders that impact the amount of funding or changes to the scope of the project as described to and
approved by the RCO must receive prior written approval of the RCO. ,
c
C. Control and Tenure. The Sponsor must provide documentation that shows appropriate tenure and term (such as L
long-term lease, perpetual or long-term easement, or perpetual or long-term fee simple ownership, or landowner a
agreement or interagency agreement for the land proposed for construction, renovation, or restoration.The m
documentation must meet current RCO requirements identified in this Agreement as of the effective date of this 441-1
Agreement unless otherwise provided in any applicable manual, RCW, WAC, or as approved by the RCO. O
c
D. Use of Best Management Practices. Sponsors are encouraged to use best management practices including those
developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include f°
"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; 0
and "Marine Shoreline Design Guidelines", 2014.These documents, along with new and updated guidance U
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. o
r
E. At no time shall the Sponsor design, construct, or operate this grant funded project in a way that unreasonably puts a)
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, p
and that RCO is in no way responsible for any risks associated with the project.
c
t
LONG-TERM OBLIGATIONS OF THE PROJECTS AND SPONSORS
A. Long-Term Obligations. This section applies to completed projects only.
u�
B. Perpetuity. For acquisition, development, and restoration projects, or a combination thereof, unless otherwise
allowed by applicable manual, policy, program rules, or this Agreement, or approved in writing by RCO. The RCO +,
requires that the project area continue to function for the purposes for which these grant funds were approved, in
perpetuity. x
w
C. Conversion.The Sponsor shall not at any time convert any real property(including any interest therein)or facility c
acquired, developed, renovated, and/or restored pursuant to this Agreement, unless provided for in applicable g
r
statutes, rules, and policies. Conversion includes, but is not limited to, putting such property(or a portion of it)to uses
other than those purposes for which funds were approved or transferring such property to another entity without prior 0
approval via a written amendment to the Agreement.All real property or facilities acquired, developed, renovated,
and/or restored with funding assistance shall remain in the same ownership and in public use/access status in
perpetuity unless otherwise expressly provided in the Agreement or applicable policies or unless a transfer or change Y
in use is approved by the RCO through an amendment. Failure to comply with these obligations is a conversion. c`a
Further, if the project is subject to operation and or maintenance obligations, the failure to comply with such d
obligations,without cure after a reasonable period as determined by the RCO, is a conversion. Determination of o
whether a conversion has occurred shall be based upon all terms of the Agreement, and all applicable state of federal G
laws or regulation.
L
1) When a conversion has been determined to have occurred,the Sponsor shall remedy the conversion as set rn
forth in this Agreement(with incorporated documents)and as required by all applicable policies, manuals, ,
WACs and laws that exist at the time the remedy is implemented or the right to the remedy is established by
a court or other decision-making body, and the RCO may pursue all remedies as allowed by the Agreement
or law. C9
O
U
CONSTRUCTION, OPERATION, USE,AND MAINTENANCE OF ASSISTED PROJECTS Q
The following provisions shall be in force for this agreement:
A. Property and facility operation and maintenance. Sponsor must ensure that properties or facilities assisted with IL
the grant funds, including undeveloped sites, are built, operated, used, and maintained:
c
a�
1) According to applicable federal, state, and local laws and regulations, including public health standards and E
building codes;
c�
2) In a reasonably safe condition for the project's intended use; Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 180
8.J.a
3) Throughout its estimated useful service life so as to prevent undue deterioration;
4) In compliance with all federal and state nondiscrimination laws, regulations and policies.
B. Open to the public. Unless otherwise specifically provided for in the Agreement, and in compliance with applicable
statutes, rules, and applicable WACs and manuals,facilities must be open and accessible to the general public, and L
must: t9
m
1) Be constructed, maintained, and operated to meet or exceed the minimum requirements of the most current 441-1
guidelines or rules, local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, O
including but not limited to:the International Building Code,the Americans with Disabilities Act, and the o
Architectural Barriers Act, as amended and updated. },
c�
2) Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods.
N
C
3) Be available for appropriate use by the general public at reasonable hours and times of the year, according 0
to the type of area or facility, unless otherwise stated in RCO manuals or, by a decision of the RCO director U
in writing. Sponsor shall notify the public of the availability for use by posting and updating that information
on its website and by maintaining at entrances and/or other locations openly visible signs with such
information. o
r
M
m
L
V
ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws.The
provisions of the Agreement shall be construed to conform to those laws. In the event of a direct and irreconcilable conflict o
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:
A. Federal law and binding executive orders;
B. Code of federal regulations;
M
C. Terms and conditions of a grant award to the state from the federal government; +,
D. Federal grant program policies and procedures adopted by a federal agency that are required to be applied by federal x
law; w
c
E. State Constitution, RCW, and WAC; g
r
F. Agreement Terms and Conditions and Applicable Manuals; c
m
G. Applicable deed restrictions, and/or governing documents.
LIMITATION OF AUTHORITY (L
13
Only RCO's Director or RCO's delegate authorized in writing (delegation to be made prior to action)shall have the authority to 0
alter, amend, modify, or waive any clause or condition of this Agreement; provided that any such alteration, amendment, 3
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. Q
U)
WAIVER OF DEFAULT
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 0
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a O
modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's U
designee, and attached as an amendment to the original Agreement.
Q
APPLICATION REPRESENTATIONS—MISREPRESENTATIONS OR INACCURACY OR BREACH d
The Funding Entity(if different from RCO)and RCO rely on the Sponsor's application in making its determinations as to
eligibility for, selection for, and scope of,funding grants.Any misrepresentation, error or inaccuracy in any part of the
a�
application may be deemed a breach of this Agreement. E
t
c�
SPECIFIC PERFORMANCE Q
RCO may, at it's discretion, enforce this Agreement by the remedy of specific performance,which means Sponsors'
completion of the project and/or its completion of long-term obligations as described in this Agreement. However,the remedy
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 181
8.J.a
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.
c
L
TERMINATION AND SUSPENSION O
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 0
updated). o
c�
A. For Cause.
a�
N
1) The RCO director may suspend or terminate the obligation to provide funding to the Sponsor under this
0
Agreement: cU
a) If the Sponsor breaches any of the Sponsor's obligations under this Agreement; c0a
c
b) If the Sponsor fails to make progress satisfactory to the RCO director toward completion of the r
project by the completion date set out in this Agreement. Included in progress is adherence to y
milestones and other defined deadlines; or
a�
c) If the primary and secondary Sponsor(s)cannot mutually agree on the process and actions needed
to implement the project; o
a�
c
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
authorized by law and/or this Agreement.
ti
u�
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.
t
B. For Convenience. Except as otherwise provided in this Agreement, RCO may, by ten (10)days written notice, j L
beginning on the second day after the mailing, terminate this Agreement, in whole or in part when it is in the best c
interest of the state. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms g
r
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: 0
c
m
1) The Sponsor was not in default; or
2) Failure to perform was outside Sponsor's control,fault or negligence. c`a
d
C. Rights and Remedies of the RCO. 0
0
1) The rights and remedies of RCO provided in this Agreement are not exclusive and are in addition to any
other rights and remedies provided by law. i
a
2) In the event this Agreement is terminated by the director, after any portion of the grant amount has been paid
to the Sponsor under this Agreement due to Sponsor's breach of the Agreement or other violation of law,the
director may require that any amount paid be repaid to RCO for redeposit into the account from which the
funds were derived. However, any repayment shall be limited to the extent repayment would be inequitable C9
and represent a manifest injustice in circumstances where the project will fulfill its fundamental purpose for O
substantially the entire period of performance and of long-term obligation. U
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 p
this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO a
shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the
Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a c
continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate. W
Termination of the Agreement under this section is not subject to appeal by the Sponsor.
c�
1) Suspension:The obligation of the RCO to manage contract terms and make payments is contingent upon Q
the state appropriating state and federal funding each biennium. In the event the state is unable to
appropriate such funds by the first day of each new biennium RCO reserves the right to suspend the
Agreement,with ten (10)days written notice, until such time funds are appropriated. Suspension will mean
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 182
8.J.a
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 L
and regulations. t9
m
DISPUTE HEARING O
Except as may otherwise be provided in this Agreement,when a dispute arises between the Sponsor and the RCO,which 0
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�
N
A. The disputed issues;
0
U
B. The relative positions of the parties; 0
C. The Sponsor's name, address, project title, and the assigned project number. c
r
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that y
the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person chosen by the Sponsor, one person chosen by the director, and a third person chosen by the
two persons initially appointed. If a third person cannot be agreed on,the persons chosen by the Sponsor and director shall be
dismissed and an alternate person chosen by the Sponsor, and one by the director shall be appointed and they shall agree on
a third person. This process shall be repeated until a three person panel is established.
t
Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according M
to the nature and complexity of the issues involved.The process may be solely based on written material if the parties so
agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes.
u�
The parties shall be bound by the majority decision of the dispute panelists, unless the remedy directed by that panel is
beyond the authority of either or both parties to perform, as necessary, or is otherwise unlawful. +,
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request x
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 c
those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the g
r
receiving party of the request.
0
All costs associated with the implementation of this process shall be shared equally by the parties.
ATTORNEYS' FEES d
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own costs and 'D
attorneys'fees. 0
3
a�
GOVERNING LAW/VENUE Q
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a
lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper; otherwise venue shall be
in the Superior Court of a county where the project is situated, if venue there is legally proper, and if not, in a county where cLa
venue is legally proper.The Sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State C9
of Washington and agrees to venue as set forth above. O
U
Q
SEVERABILITY
The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. a
c
a�
END OF STANDARD TERMS AND CONDITIONS E
This is the end of the Standard Terms and Conditions of the Agreement.
c�
Q
RCO: 22-1372 Revision Date: 5/1/2023
Packet Pg. 183
8.K
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Goods and Services Agreement with Univar USA, Inc for
Water Treatment Chemical Supply for 2024 - Authorize
MOTION: I move to authorize the Mayor to sign a Goods and Services
Agreement with Univar USA, Inc., in an amount not to exceed $159,588.80,
for Water Treatment Chemicals for 2024, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director.
SUMMARY: Annually, the City advertises for water treatment supply chemicals to
produce drinking water quality that meets state and federal regulations for drinking
water standards. To secure the most cost effective supplies for management of the
water supply, the City advertises for bids each year.
Sodium hydroxide is used as a pH adjustment for corrosion control and sodium
hypochlorite is a disinfectant which helps protect from contamination.
BUDGET IMPACT: This is a budgeted annual expense in the Water Utility operating
budget.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Univar - 2024 Water Treatment Chemicals Agreement (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Brenda Fincher, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 184
8.K.a
KEN T
Wns Hincro r+ L
GOODS & SERVICES AGREEMENT
L
between the City of Kent and
Univar Solutions USA Inc. a
L
>
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation c
(hereinafter the "City"), and Univar Solutions USA Inc. organized under the laws of the State of Washington, z
located and doing business at 8201 S. 212t" Street, Kent, WA 98032, Phone: (253) 872-5000, Contact: 3
Jennifer Perras (hereinafter the "Vendor").
m
AGREEMENT
a�
L
I. DESCRIPTION OF WORK. Q
m
The Vendor shall provide the following goods and materials and/or perform the following services for •2
the City:
c
The Vendor shall supply the City of Kent Water Department with water treatment chemicals
(bid items 7, 8, 10, 11, 12, and 13) according to the bid proposal submitted October 18, °o
2023, which is attached as Exhibit A and incorporated by this reference. c�
rn
LO
ti
M
a+
C
N
E
d
d
L
The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, Q
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and A
services through other sources.
E
W
II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall j
complete the work and provide all goods, materials, and services by December 31, 2024.
m
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Hundred Fifty
Nine Thousand, Five Hundred Eighty Eight Dollars and Eighty Cents ($159,588.80), including applicable T
Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The L
City shall pay the Vendor the following amounts according to the following schedule:
N
Compensation of up to $159,588.80 is based on an estimate of annual need. Actual need N
may vary as follows:
Item 7: zero to 10,000 gallons
Item 8: zero to 1,200 gallons
Item 10: zero to 96,000 gallons
Item 11: zero to 12,000 gallons E
Item 12: zero to 1,000 gallons
Item 13: zero to 8,000 gallons Q
GOODS & SERVICES AGREEMENT - 1
(Over$20,000, including WSST) Packet Pg. 185
8.K.a
Therefore, actual compensation will be between $0 and $159,588.80 and be based on the
exact quantity of chemicals ordered by the City. Actual compensation will also be based upon
the price of chemicals, as set forth in Exhibit A, and may be adjusted pursuant to Section I.
L
The City will remit payment within thirty (30) days after receipt of an invoice.
L
O
V
IQI^
V/
Card Payment Program. The Vendor may elect to participate in automated credit card payments
L
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card z
companies. The Vendor shall not charge those fees back to the City. 3
r
c
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion. a,
a
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is U
unable, for any reason, to complete any part of this Agreement, the City may obtain the in
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs °o
incurred to complete this Agreement with other sources, from any and all amounts due or to 0
become due the Vendor. a;
LO
ti
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS E
MADE.
m
L
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- w
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations: .2
as
A. The Vendor has the ability to control and direct the performance and details of its c)
work, the City being interested only in the results obtained under this Agreement.
E
B. The Vendor maintains and pays for its own place of business from which the Vendor's
services under this Agreement will be performed.
L
d
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor's services, or the Vendor is engaged in an independently established trade, o
occupation, profession, or business of the same nature as that involved under this N
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor's Q
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST) Packet Pg. 186
8.K.a
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
L
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon 0
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. S
Cn
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any >
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar z
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested 3
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the Im
amended work upon receiving either a written amendment from the City or an oral order from the City a
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must in
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
N
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate °o
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the 0
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract a,
time and for direct, indirect and consequential costs, including costs of delays related to any work, either M
covered or affected by the change. --
VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, L
or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or Q
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing 'E
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to v
the current pandemic.
E
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be °r
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. o
N
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
c
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. D
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance r
that may have ceased, to change the work, or to take other action to secure the work or the project site Q
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST) Packet Pg. 187
8.K.a
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination 0
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the a
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts cn
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for 0
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed >
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement. z
3
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
E
as
a�
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN Q
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
a�
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
N
1. The date of the Vendor's claim; 0
0
2. The nature and circumstances that caused the claim; c9
3. The provisions in this Agreement that support the claim; a,
4. The estimated dollar cost, if any, of the claimed work and how that estimate M
was determined; and n
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption. E
m
m
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result Q
of the asserted events giving rise to the claim. The City shall have access to any of the w
Vendor's records needed for evaluating the protest. M
E
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an v
equitable adjustment. No adjustment will be made for an invalid protest.
E
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement. °r
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order o
(including directions, instructions, interpretations, and determination). `;'
L
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the D
City any written or oral order (including directions, instructions, interpretations, and
determination).
E
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING r
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE Q
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST) Packet Pg. 188
8.K.a
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor L
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will ,°
perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall c
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have S
known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or cn
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for >
that portion of the work shall extend for an additional year beyond the original warranty period applicable
D
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its z
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a 3
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
E
as
a�
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the a
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who 2
is qualified and available to perform the work to which the employment relates. The Vendor shall execute in
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
N
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, °o
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or 0
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's a,
performance of this Agreement, except for that portion of the injuries and damages caused by the City's M
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds E
to avoid any of these covenants of indemnification. L
a�
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION w
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, M
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
U
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having E
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the °r
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement. o
N
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. '—
c
D
XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or r
other articles used or held for use in connection with the work. Q
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST) Packet Pg. 189
8.K.a
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
L
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the ,°
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those a
covenants, agreements or options, and the same shall be and remain in full force and effect. Cn
L
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and >
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules 3
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's a
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing. °o
c�
E. Assignment. Any assignment of this Agreement by either party without the written consent a,
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, M
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made --
without additional written consent.
a�
E
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement L
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. Q
N
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this v
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail. E
m
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's ,
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
N
O
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the `;'
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City D
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
E
J. City Business License Required. Prior to commencing the tasks described in Section I, r
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Q
Kent City Code.
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST) Packet Pg. 190
8.K.a
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
3-1
bearing the original signature was received in person. L
0
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior a
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed cn
to have applied.
L
VENDOR: CITY OF KENT:
z
3
By: By:
E
Print Name: Print Name: Dana Ralph
a�
L
Its Its Mayor a
m
U
DATE: DATE:
a�
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
N
VENDOR: CITY OF KENT: 0
0
c�
Jennifer Perras Chad Bieren, P.E.
LO
Univar Solutions USA, Inc. City of Kent M
8201 S. 212th Street 220 Fourth Avenue South
Kent, WA 98032 Kent, WA 98032
E
(253) 872-5000 (telephone) (253) 856-5500 (telephone) m
(253) 572-5041 (email) PublicWorks@KentWA.gov (email) Q
N
APPROVED AS TO FORM: to
E
as
U
Kent Law Department
E
ATTEST:
L
L
d
Kent City Clerk
N
O
N
R
D
C
d
E
t
V
R
r
a
GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST) Packet Pg. 191
8.K.a
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
L
The City of Kent (City) is committed to conform to Federal and State laws regarding equal `o
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City's equal
employment opportunity policies. Cn
0
L
The City of Kent and its contractors are subject to and will comply with the following: >
.E
D
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin); 3
a�
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs E
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil W
Rights Act Of 1964); a
a�
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964). in
• Ch. 49.60 RCW (Washington Law Against Discrimination)
N
O
O
The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and ..
Regulations". ti
M
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor, L
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined a
below, it will be considered a breach of contract and it will be at the City's sole determination •,
regarding suspension or termination for all or part of the Agreement. U
The statements are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
E
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability. r
3. During the time of this Agreement I, the prime contractor, will provide a written statement
to all new employees and subcontractors indicating commitment as an equal opportunity N
employer.
L
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
a�
5. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
r
a
EEO COMPLIANCE DOCUMENTS - 1 of 5 Packet Pg. 192
8.K.a
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they .°
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
a
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national >
origin in the selection and retention of subcontractors, including procurements of D
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including 3
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21. E
as
as
L
C. Solicitations for Subcontracts, Including Procurements of Materials and a
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including 2_0
procurements of materials, or leases of equipment, each potential subcontractor or N
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the y
grounds of race, color, or national origin. o
0
c�
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will M
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor's contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain aE,
compliance with such Acts and Regulations and instructions. Where any information 2
required of a contractor is in the exclusive possession of another who fails or Q
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth •2
what efforts it has made to obtain the information.
U
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract E
sanctions as it or the Washington State Department of Transportation may ;v
determine to be appropriate, including, but not limited to: L
as
r
a. withholding payments to the contractor under the contract until the
contractor complies; and/or o
b. cancelling, terminating, or suspending a contract, in whole or in part. N
L
F. Incorporation of Provisions: The contractor will include the provisions of c
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to E
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including Q
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
EEO COMPLIANCE DOCUMENTS - 2 of 5 Packet Pg. 193
8.K.a
or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
L
to enter into the litigation to protect the interests of the United States. 2
6. During the performance of this contract, the contractor, for itself, its assignees, and .°
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
a
Cn
L
Pertinent Non-Discrimination Authorities: >
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21. a
E
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose a
property has been acquired because of Federal or Federal-aid programs and
projects);
L
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, y
(prohibits discrimination on the basis of disability); and 49 CFR Part 27; 0
0
V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), �?
(prohibits discrimination on the basis of age); LO
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex); E
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, 2-
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age y
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the E
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination E
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
N
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) N
(prohibits discrimination on the basis of race, color, national origin, and sex);
X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 2
Populations and Low-Income Populations, which ensures Non-discrimination against
u
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations; r
Q
EEO COMPLIANCE DOCUMENTS - 3 of 5 Packet Pg. 194
8.K.a
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure L
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
0
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from —
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq). Cn
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
7. The submission of the final invoice for this contract will constitute a reaffirmation that the
preceding statements were complied with during the course of the contract's performance.
r
By signing below, I agree to fulfill the five requirements referenced above.
E
a�
L
By. Q
V
For: >
L
v!
Title:
N
Date:
0
0
C9
LO
ti
M
C
E
d
d
L
Q
y
R
V
E
d
t
U
c
d
E
r
R
d
L
L
N
O
N
R
>
r
C
d
E
t
V
R
r
Q
EEO COMPLIANCE DOCUMENTS - 4 of 5 Packet Pg. 195
8.K.a
CITY OF KENT
ADMINISTRATIVE POLICY
L
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 0
c
a
Cn
L
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 >.E
D
APPROVED BY Dana Ralph, Mayor
3
r
POLICY:
E
a)
Equal employment opportunity and non-discrimination in contracting requirements for the City of
Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and a
suppliers of the City must guarantee equal employment opportunity within their organization and,
if holding Agreements with the City amounting to $10,000 or more within any given year, must ii.
take the following affirmative steps: (n
1. Provide a written statement to all new employees and subcontractors indicating y
commitment as an equal opportunity employer. o
0
0
2. Actively consider for promotion and advancement available minorities and women.
CD
LO
ti
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination
Policy Declaration, prior to commencing performance. E
a�
a�
L
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's Q
nondiscrimination and equal opportunity requirements shall be considered in breach of contract y
and subject to suspension or termination for all or part of the Agreement.
E
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public L)
Works Departments to coordinate with the City's Title VI coordinator, and perform the following
duties for their respective departments. E
ns
a�
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these I-
regulations are familiar with the regulations and the City's equal employment opportunity r
policy.
N
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. N
0
.E
D
c
a�
E
ns
a
EEO COMPLIANCE DOCUMENTS - 5 of 5 Packet Pg. 196
8.L
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Accept the South 212th Street Preservation (Green River
Bridge to Orillia Road/Kent City Limits) Project as
Complete - Authorize
MOTION: I move to authorize the Mayor to accept the South 212th Street
Preservation (Green River Bridge to Orillia Road/Kent City Limits) Project
as complete and release retainage to Lakeside Industries, Inc. upon
receipt of standard releases from the State and the release of any liens.
SUMMARY: The Project included grinding and asphalt overlay of South 212th
Street between the Green River Bridge and Orillia Road/City limits. The Project also
included pavement repairs, pavement markings, and improvements to existing curb
ramps.
The final contract total paid was $1,232,895.01 which is $147,979.99 under the
original contract amount of $1,380,875.
BUDGET IMPACT: Budget established, including a $1.5M federal grant with City
matching funds from the Street Fund.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 197
8.M
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Accept the 2023 Railroad Quiet Zone - BNSF Railroad
Trespass Fencing Project as Complete - Authorize
MOTION: I move to authorize the Mayor to accept the 2023 Railroad Quiet
Zone - BNSF Railroad Trespass Fencing Project as complete and release
retainage to A-1 American Fence, Inc. upon receipt of standard releases
from the State and the release of any liens.
SUMMARY: The Project included installation of trespass fencing along the
Burlington Northern Santa Fe (BNSF) Railroad. The no-cut trespass fencing was
installed along BNSF property, south of Willis Street and north of James Street. This
Project will help to inhibit trespassing along the railroad in these areas.
The final contract total paid was $623,088.24 which is $77,037.66 under the
original contract amount of $700,125.90.
BUDGET IMPACT: Council approved accepting a $2.95M grant from the
Washington State Department of Commerce for this Project. Work completed prior
to June 30, 2023, was eligible for reimbursement from the state, and totaled
$607,834.44. Work completed after July 1, 2023, was funded by the City through
budgeted project funding, and totaled $15,253.80.
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Packet Pg. 198
8.N
1�#
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Ordinance Amending Chapter 3.70 of the Kent City Code
Relating to Public Contracting and Procurement - Adopt
MOTION: I move to adopt Ordinance No. 4474, amending Chapter 3.70 of
the Kent City Code to allow for alternative public works procurement, to
clarify ShoWare Center purchasing authority, and to delegate limited
contracting authority related to insurance and software agreements to the
Mayor.
SUMMARY: This ordinance codifies four changes to Chapter 3.70 of the Kent City
Code related broadly to contracting authority and procurement. The first change
removes a provision that excludes public works projects from "piggybacking" on
another agency's competitive bidding process. This change will allow for more
streamlined procurement of public works projects in limited situations.
Next, contracting authority is currently delegated to the operator of the ShoWare
Center in the competitive bidding section of Chapter 3.70 KCC. Since this is
technically a delegation of contracting authority, it would be more appropriate in
another section of this same chapter. This ordinance partially reassigns this
provision to Part 4 of Chapter 3.70 KCC to add clarity.
Finally, this ordinance delegates limited authority related to certain software
maintenance and insurance agreements to the Mayor. With regard to software
maintenance agreements, the Mayor will be able to authorize regular renewals of
software maintenance agreements so long as funds are available within the budget
to cover the renewal expense. This does not include initial agreements for software
purchased that exceeds the Mayor's $100,000 purchasing authority. With regard to
insurance agreements, the Mayor will be able to authorize contracts to purchase or
renew liability and property insurance, also subject to availability of funds in the
established budget. However, any change in coverage or deductibles must be
presented to Council at a future public meeting following any authorization by the
Mayor.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Packet Pg. 199
8.N
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.
ATTACHMENTS:
1. KCC 3.70 2023 Update - Ordinance (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 200
8.N.a
a�
c
:r
L
0
U
a.
0
r
ORDINANCE NO.4474 c
r
0
a�
as
0
AN ORDINANCE of the City Council of the U,
City of Kent, Washington, amending various sections
of Chapter 3.70 of the Kent City Code, entitled
"Public Contracting and Procurement" to add options Y
for the procurement of public works; to recodify
Showare Center purchasing authority for clarity; to 0
delegate the authorization of certain software o
renewals to the Mayor; and to delegate the M
authorization of insurance contracts and renewals to
the Mayor.
U
RECITALS
a
A. Washington public agencies are authorized by RCW 39.34.030
c
to use another agency's bid award to streamline public purchasing while still
E
L
utilizing a competitive process to obtain the lowest price. This ordinance 0
removes a restriction on utilizing other agency's bid award on public works ti
M
projects, giving the City an additional procurement option when appropriate.
a�
B. The contracting authority currently delegated to the operator
c
of the Showare Center is codified as a competitive bidding exemption, 2
0
despite it technically delegating contract approval authority. This ordinance
a�
partially reassigns this provision to Part 4 of Chapter 3.70 in order to clarify a
Q.
this delegation of authority. M
N
C. The City often enters into software contracts that allow for N
0
indefinite periods of renewal for subscription or maintenance fees. Currently, M
U
U
1 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
z
U
0
r
r
Q
Packet Pg. 201
8.N.a
a�
once these renewals cumulatively reach the contract amendment thresholds
identified in Part 4 of Chapter 3.70, the City's Information Technology
0
Department must request additional authorization from the City Council, U
despite the costs for these renewals being included within Council's a.
0
approved budget. This ordinance allows the Mayor to authorize contract
c
renewals so long as there are sufficient funds budgeted to cover those
a�
contract costs.
D. The City generally renews its liability and property insurance 0
policies semiannually. The timing of these insurance renewals requires the U
City to act quickly to authorize these agreements in order to maintain
Y
coverage. This ordinance allows the Mayor to authorize and sign contracts
to purchase or renew insurance coverage within established budgets. 0
0
However, this approval would be conditioned upon the Risk Manager M
L
reporting to Council at a future public meeting any changes in coverage or a
deductibles. U
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
c
�a
c
ORDINANCE -a
O
r
LO
ti
SECTION 1. - Amendment - KCC 3.70.110. Section 3.70.110 of the
Kent City Code entitled "Exceptions to competitive bidding requirements", is
amended as follows:
E
L
O
Sec. 3.70.110. Exceptions to competitive bidding
CL
requirements. The competitive bidding requirements set forth in KCC
M
3.70.080 and 3.70.090 shall not apply to those instances set forth in this N
section. Nothing in this section can act to waive the authorization o
M
U
U
2 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
z
U
0
r
r
Q
Packet Pg. 202
8.N.a
a�
requirements established in Part 4 of this chapter, KCC 3.70.210 through
3.70.240.
0
U
A. Waiver forpurchases. The mayor may waive the bidding requirements a
0
for the purchase of goods, materials, equipment, or services that are not
c
part of a public work upon a finding that:
a�
1. The purchase is clearly and legitimately limited to a single
source of supply within the near vicinity; or 0
2. The purchase is subject to special market conditions, or L)
involves special facilities or services; or
Y
3. The bidding requirements would otherwise not be practicable
or in the city's best interests under the circumstances. 0
0
ti
ri
L
If a waiver is appropriate, the director shall prepare a memo to the mayor a
outlining the reasons for the requested waiver. If the mayor authorizes the U
a)
waiver, the purchase may be completed by direct negotiation. The document S
evidencing the waiver granted by the mayor shall be maintained with the
contract on file with the city clerk's office in accordance with KCC 3.70.050.
c
�a
B. Waiver in emergency. When any emergency, including a public work o
emergency, requires the immediate execution of any contract, or
LO
authorization of any purchase, work, or change order or amendment to an
existing contract, the mayor shall have the power to waive competitive
bidding requirements and award all contracts necessary to address the
E
L
emergency situation. o
1. Emergency defined. An emergency, as that term is used in this
section, shall have the same meaning as provided in RCW 39.04.280(3), as
M
the same may be later amended. N
0
ti
ri
U
U
3 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 203
8.N.a
a�
2. Emergency declared. If the competitive bidding requirements
of this chapter are waived due to an emergency, the mayor shall issue a
0
written finding of the existence of an emergency. This written finding, along U
with the resulting contract, shall be on file with the city clerk's office and a
0
available for public inspection no later than two weeks after the contract is
c
awarded. If an emergency procurement or contract exceeds $65,000, the
a�
city council shall be subsequently notified, but formal council ratification is W
not required. 0
U
C. Professional and technical consultant contracts. Contracts entered
Y
into with professional or technical service consultants are not required to
follow the competitive bidding requirements provided for in KCC 3.70.080, 0
0
but may be entered into through direct negotiations. In contracting with M
L
professional or technical service consultants, it is incumbent on staff to seek a
the best price available under the circumstances, acting not only under U
existing market conditions, but also as a cautious steward of city resources.
The following is a nonexclusive list of the type of professional or technical
service consultants to which this subsection is intended to apply:
1. Licensed consultants. Consultants whose practice is certified or
licensed by the state Department of Licensing, other state board, or similar o
agency, including, without limitation, real estate appraisers and brokers,
LO
attorneys, and accountants. This exception, however, does not apply to
consultants who perform architectural, engineering, and land surveying
services, which are subject to the provisions of KCC 3.70.070.
E
L
2. Health care and investment contracts. Contracts entered into 0
by the city to provide employee health care insurance coverage, or to
provide employee investment services.
M
3. Administration services for liability claims and workers' N
compensation claims. Contracts entered into by the city for insurance o
M
U
U
4 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 204
8.N.a
a�
brokerage services, third-party administrator services for liability claims,
and third-party administrator services for workers' compensation claims.
0
4. Professional training and employee recruitment. Contracts
entered into by the city to provide professional development or other a
0
training to city employees, volunteers, or elected officials, or to recruit for
c
high level or specialized employee positions.
a�
D. Technology contracts. In consultation with the city's technology 0
department, purchases of hardware, software, maintenance, and associated L)
technical support, training, and licensing, may be made without regard to
Y
the bidding requirements provided for in KCC 3.70.080 and 3.70.090 and
may be entered into through direct negotiations. However, staff shall make 0
0
reasonable efforts to obtain the best price available under the M
L
circumstances.
a
U
E. Cultural performances, events, and public art. The performers and
artists selected by the cultural programs division of the city's parks,
recreation, and human services department to perform at various events, to
create public art for the city, or the contractors and vendors hired to provide
services and equipment related to those performances, events, and art are o
solicited based on artistic quality, balance of genres, prominence,
LO
marketability, technical requirements, and ability to coordinate those events
with minimum city staff involvement. Given the unique nature of these
performers and artists and the need for multiple individuals and contractors
E
L
to work together to successfully coordinate and conduct each performance o
or event, contracts to retain performance or artistic services or to conduct a
performance or other cultural event, including without limitation support
M
services provided by sound technicians, caterers, or other similar trades, are N
not required to follow the competitive bidding requirements provided for in
M
U
U
5 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 205
8.N.a
KCC 3.70.080, but may be entered into through direct negotiations with the
city.
O
U
F. Interlocal agreements or cooperative purchase agreements. The a
bidding procedures for purchases established under this chapter need not
c
apply to interlocal agreements or cooperative purchase agreements with
another public agency or agencies for joint or cooperative action. Interlocal W
a�
agreements should, however, include the minimum standards provided for 0
in Chapter 39.34 RCW. While this exception waives any competitive bid
process, the interlocal agreement or cooperative purchase agreement must
Y
still be authorized in accordance with Part 4 of this chapter, unless the city
r
attorney is consulted and advises otherwise. o
0
ti
ai
L
G. Use of another public agency's bidding procedures. The competitive a
bidding procedures established in this chapter shall not apply to purchases
a�
or the procurement of public works made from a contractor or vendor who
was awarded a contract using another public agency's established E
procurement process for substantially the same purchase. The city's reliance
on the other public agency's process shall constitute compliance with the bid CU
requirements of this chapter. o
i. Publie works exclusion. Another public agency's bidding precess-
LO
ti
M
d
i i mateFialsi
fC
C
PFeV
L
required. However, o
bad preeess is satisfied under this a contract between the city and
the awarded contractor or vendor is required and must be authorized in
M
accordance with Part 4 of this chapter, unless the city attorney is consulted N
and advises otherwise.
M
U
U
6 Y
Amend KCC 3.70 - c
Re. Public Contracting and Procurement E
t
r
r
Q
Packet Pg. 206
8.N.a
c
w
H. Delegated purchasing authority.
0
1. Purchases. Purchases made by a third party under purchasing U
authority delegated to it through a contract approved by the city council are a
not required to follow the competitive bidding requirements provided for in
c
KCC 3.70.080. As an example, this waiver would apply to an operator the
a�
city has entered into a contract with to operate and maintain a public facility.
Under this waiver, if the operator's contract provided the operator was to 0
purchase all paper or catering supplies, that purchase would not be subject
to the competitive bid process set forth in KCC 3.70.080.
Y
2. Kent Special Events Center (ShoWare Center). Management
r
and operation of the ShoWare Center is unique to city operations. Efficient 0
0
management requires flexibility to move quickly to respond to market M
L
requirements for concerts, sporting events, and other offerings. The a
ShoWare Center operator, a national company that operates similar venues
a�
throughout the United States, also has access to special pricing and
conditions that otherwise might not be available if the city operated as a E
stand-alone enterprise. Based on this unique venue and with the continuing
obligation that the operator always obtain the best available pricing on all CU
purchases of goods or services, the ShoWare Center operator is authorized o
to purchase goods or services as needed so long as the operator does not r
LO
ti
exceed the established budget and otherwise complies with the contract
approval requirement of KCC 3.70.210(D) so long as purchases eve
0
c
E
any EentFaet ebligatien, the epeFatOF will also provide the mayeF and council 0
vv
Cep. D
M
3. Public works. While council may delegate in a contract the N
authority for a third party to procure a public work, the third party shall
M
U
U
7 Y
Amend KCC 3.70 - c
Re. Public Contracting and Procurement E
t
0
r
r
Q
Packet Pg. 207
8.N.a
a�
comply with any required competitive bid process applicable to the city for
the public work.
0
U
I. Pass-through grant agreements. Contracts the city enters into with a
0
community-based social and human service providers, including
c
subrecipients of grant funds received from the Community Development and
a�
Block Grant (CDBG) Program, are not required to follow the competitive
bidding requirements provided for in KCC 3.70.080 for purchases, but may 0
be entered into through direct negotiations with the city, or in accordance L)
with any competitive process required under federal or state law as a
Y
condition of the grant.
4-
0
0
J. Pass-through fee contracts - No financial impact to city. Service M
L
contracts entered into at no or a nominal cost to the city, but result in any a
associated fee or charge being passed through to a party other than the city, U
including but not limited to an agreement with a collection company, need
not comply with the competitive bidding requirements provided for in KCC
3.70.080 and may be entered into through direct negotiations with the city.
c
�a
K. Community service organizations. The city may enter into contracts o
with community service organizations without regard to the bidding
LO
requirements provided for in KCC 3.70.080. If the community service
organization will perform a public work or improvement project, the value
of the community service organization's contribution will not be included
E
L
within the public work's bidding threshold under KCC 3.70.090 only if the o
requirements of RCW 35.21.278, as the same may be later amended, are
met, including:
M
N
0
N
0
ti
M
U
U
8 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 208
8.N.a
a�
1. The organization is a chamber of commerce; a service
organization; a community, youth, or athletic association; or other similar
0
association located and providing service in the immediate neighborhood;
2. The work the organization will perform involves drawing design a
0
plans, making improvements to a park or public square, installing equipment
c
or artwork, or providing facility maintenance services as a community or
a�
neighborhood project; W
3. The value of the benefit the city receives from the public work 0
or improvement is at least equal to three times that of the city's payment to
the organization to reimburse the organization for its expenses; and
Y
4. All payments made by the city to qualifying service
organizations in any one year under this competitive bid exception do not 0
0
exceed $2 per resident or $25,000, whichever amount is greater. M
L
Q
L. Auctions. The city may purchase supplies, equipment, or materials at U
auctions conducted by the United States government or any of its agencies,
or by the state of Washington and any of its political subdivisions, without
being subject to the bidding requirements of this chapter.
c
�a
M. Recycled products. Nothing in this chapter shall prohibit the city from o
preferentially purchasing products made from recycled materials or products
LO
that may be recycled or reused, pursuant to Chapter 3.80 KCC or Chapter
43.19A RCW.
c
c
=a
L
N. Lodging tax grant awards. If the city is awarded a grant by city council O
through the lodging tax advisory committee process for the purchase of
goods, materials, equipment, or services, not included within a public work,
M
that purchase is not required to follow the competitive bidding requirements N
provided in KCC 3.70.080, and a contract for such purchase may be entered
M
U
U
9 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
z
U
0
r
r
Q
Packet Pg. 209
8.N.a
a�
into through direct negotiations. The procurement of architectural,
engineering, and land surveying services, however, remains subject to the
0
requirements provided in KCC 3.70.070. U
a.
0
SECTION 2. - Amendment - KCC 3.70.210. Section 3.70.210 of the
c
Kent City Code, entitled "Contract required and approval necessary", is
a�
amended as follows: W
0
U
Sec. 3.70.210. Contract required and approval necessary. After �
complying with the competitive bidding process provided for within Part 2 or
Y
Part 3 of this chapter, all work or any purchase authorized with a particular
vendor, consultant, or contractor that cumulatively is expected on a 0
0
particular project to exceed an annual amount of $20,000 must be in writing, M
L
and approved according to the authority provided for within this Part 4. The a
thresholds provided in this section are to be evaluated based upon the total U
cost of the purchase or work, including applicable sales tax.
a�
E
A. Contract log. The city clerk will maintain a log of all new contracts
executed by the city and delivered to the city clerk's office in accordance
with KCC 3.70.050. Each department must confirm that all contracts are o
routed to the city clerk's office. The operator of the Kent Special Events
LO
Center (ShoWare Center) will also maintain a record of all contracts entered
into over $25,000 and report those contracts to the city clerk.
c
a
L
B. Exception to contract requirement. If sufficient funds exist in the O
approved budget, a written contract may not be required if: (1) another
agency's bid process was relied upon as authorized under KCC 3.70.110(G);
M
(2) contracts bid or negotiated by another agency allow the city to receive N
under that contract on substantially the same terms; and (3) the city
M
U
U
10 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 210
8.N.a
a�
attorney has determined the contract between the bidding agency and the
awarded contractor or vendor sufficiently protects the interests of the city.
0
U
C. Estimated procurement costs. When determining whether director, a.
0
mayoral, or council approval is required for any contract, and the total cost
c
of the contract is unknown because a definite term or unit amount cannot
a�
be reasonably determined, the procurement cost, for the purpose of
establishing appropriate contract approval procedure, is the estimated 0
annual cost of the procurement, including any estimated sales tax. L)
a�
Y
D. Approval of ShoWare Center contracts. Contracts for goods and
services entered into by the ShoWare Center operator are otherwise exempt 0
0
from the authority requirements within Part 4 of this chapter,, provided that M
L
contracts over $25,000 must first be approved by the chief administrative a
officer. The operator will also provide the mayor and council with a monthly U
audit report documenting financial activities at the ShoWare Center.
a�
E
SECTION 3. - Amendment - KCC 3.70.230. Section 3.70.230 of the Q
a�
Kent City Code, entitled "Mayor approval", is amended as follows:
E
L
0
Sec. 3.70.230. Mayor approval. The mayor has signatory authority r
LO
ti
and may approve the following:
a�
A. Contracts - Over$20,000. All purchases or work valued at an amount
E
L
in excess of $20,000 must be memorialized in a written contract and signed o
by the mayor. Any contract valued at an amount of $100,000 or less may
be signed by the mayor without city council approval if funds are available
M
within the existing budget to pay the associated contract costs. N
0
ti
ri
U
U
11 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
z
U
0
r
r
Q
Packet Pg. 211
8.N.a
a�
B. Change orders or contract amendments. The mayor is authorized to
approve and sign change orders or contract amendments that collectively
0
are within 20 percent or $200,000 of the original contract amount, including L)
any applicable taxes, whichever amount is greater, if sufficient funds remain a
within the existing project or city budget. 0
c
0
a�
C. Grant acceptance, award agreements, bequests, donations, or other
gifts. The mayor is authorized to approve and sign any application 0
requesting grant funds for various city purposes if the grant application
requires. The mayor may also accept any grant, bequest, donation, or other
Y
gift in the amount of $100,000 or less, and is authorized to sign all
documents necessary to receive the grant, bequest, donation, or other gift. 0
0
In determining the total grant, bequest, donation, or gift amount for M
L
application of this section, the cost of any matching funds and the cost of a
fulfilling all conditions placed on the city's acceptance of the grant, bequest, U
donation, or gift must be included in the calculation. In order for the mayor S
to have the authority granted by this section, any matching funds required
to obtain the grant, bequest, donation, or gift must be available within the
existing budget. Upon the city's receipt of the grant, bequest, donation, or
other gift funds as provided in this section, the finance director is authorized -E
0
to amend the budget and authorize expenditure of the funds. The finance
LO
director may then include these funds in the budget adjustment ordinance.
All reimbursement requests, vouchers, reports, or certification statements
are to be signed by the director in accordance with KCC 3.70.220(C)(1).
E
L
0
D. Interlocal agreements. The mayor may approve and sign any
agreement between the city and another public agency, including those
M
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW, N
without council approval, so long as any money that may be paid or received
M
U
U
12 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 212
8.N.a
by the city under the terms of the agreement, or any resources dedicated
by the city to the cooperative effort, does not exceed $100,000, and any
0
payment or dedicated resource obligation under the agreement may be paid
through the existing budget. a
0
r
a�
c
E. Rea/property interests. The mayor is specifically authorized to do the
a�
following:
1. To acquire and convey rights-of-way and other property 0
interests by lease or purchase when the city council has dedicated sufficient
funds for the lease or purchase within the existing annual budget or project
Y
budget.
r
2. To enter into any lease or other agreement conveying an 0
0
interest in real property where the total annual amount paid or received M
L
under the agreement, or the total annual fair market value of the real a
property interest conferred, is $25,000 or less. However, no authority
a�
delegated under this section shall authorize approval of a lease or other S
agreement conveying an interest in real property for a term greater than E
two years, including all options to renew, without express approval of the
city council. CU
3. To accept land, attachments, fixtures, improvements, o
appurtenances, and other real or personal property interests that are
LO
dedicated to the city as a condition of a private developer's development
permit or regulatory approval, or to release the same as part of such
0
development approval, subject to prior review and approval by the city =_
L
attorney. o
a�
F. Pass-through fee contracts. Service contracts entered into at no or a
M
nominal cost to the city, but that result in any associated fee or charge being N
passed through to a party other than the city, such as an agreement with a
M
U
U
13 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
t
0
r
r
Q
Packet Pg. 213
8.N.a
a�
collection company, may be approved and signed by the mayor, subject to
prior review by the city attorney.
0
U
G. Emergency. If an emergency exists as provided for in KCC a
0
3.70.110(6), the mayor may sign all documents and take all actions
c
necessary to address the emergency. If council approval would have been
a�
required by KCC 3.70.240, the city council shall be subsequently notified, W
but formal ratification is not required. 0
U
H. Collective bargaining agreements. Unless the terms of a collective
Y
bargaining agreement provide otherwise, the mayor is authorized to sign all
agreements, or subsequent amendments to those agreements, with the 0
0
city's bargaining units if the financial impact of the agreement or M
L
amendment is valued at $130,000 or less, and sufficient funds remain in the a
city's budget to cover that financial impact. If the financial impact is greater U
a�
than $130,000, or if sufficient funds do not exist within the budget to cover
the financial impact, council authorization must first be obtained before the
mayor is authorized to sign the agreement or amendment.
c
�a
I. Contracts with temporary staffing firms. Temporary staff may be o
retained through staffing firms that provide temporary employees to work r
LO
ti
for the city. The mayor is authorized to sign contracts with staffing firms for
temporary employees for technical, programming, and project support
professionals, as well as architects, engineers, and other professionals when
E
L
the contract term does not exceed 18 months and the contract value does o
not exceed $200,000. Funding for contracts approved by the mayor under
this section shall be within the contracting department's established budget.
M
In the event a contract was signed by the mayor under this section, and it N
is later determined that the length or cost of the contract will exceed the
M
U
U
14 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
M
U
0
r
r
Q
Packet Pg. 214
8.N.a
a�
time or amount provided in this section, the mayor's change order or
amendment authority shall not apply and the department director shall bring
0
the matter before the city council for consideration of ratification. Nothing in U
this section shall limit the authority of department directors or the mayor as a
0
provided in other sections of this chapter.
c
0
a�
J. Contracts for software renewals with periodic subscription or
maintenance. The mayor is authorized to sign renewals of software contracts 0
that utilize periodic subscription fees for use or maintenance of the U
contracted service if there are funds available within existing budgets to pay
Y
the associated contract cost. Any initial agreement to purchase software or
software as a service must still be authorized in accordance with Part 4 of 0
0
this chapter. M
L
Q
K. Insurance coverage contracts for city property and interests. The U
mayor is authorized to sign agreements to purchase or renew insurance
coverage for the City so long as funds are available within established
budgets to pay the associated premium costs. Subsequent to any insurance
purchase or renewal whose premium exceeds $100,000, the City's Risk
Manager or designee will make an informational presentation to the City o
Council reporting the purchased coverage, the cost of that coverage, and r
LO
ti
any change in deductible amounts or coverage.
a�
SECTION 4. - Severability. If any one or more section, subsection,
E
L
or sentence of this ordinance is held to be unconstitutional or invalid, such o
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
M
N
0
N
0
ti
M
U
U
15 Y
Amend KCC 3.70 - c
Re: Public Contracting and Procurement E
z
U
0
r
r
Q
Packet Pg. 215
8.N.a
SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
0
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or a
references to other local, state, or federal laws, codes, rules, or regulations. 0,
c
r
0
SECTION 6. - Effective Date. This ordinance shall take effect and be W
in force thirty days from and after its passage as provided by law. 0
U
c
November 21, 2023 Y
a�
DANA RALPH, MAYOR Date Approved 4-
0
0
ti
ai
ATTEST:
a
t
November 21, 2023
c
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
November 24, 2023 E
Date Published
c
CU
L
APPROVED AS TO FORM: O
r
LO
ti
M
TAMMY WHITE, CITY ATTORNEY
0
c
O
a�
a
M
N
0
N
0
M
U
U
16 Y
Amend KCC 3.70 - c
Re. Public Contracting and Procurement E
t
0
r
r
Q
Packet Pg. 216
8.0
KENT
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Ordinance Consolidating Budget Adjustments between July
1, 2023 and September 30, 2023 - Adopt
MOTION: I move to adopt Ordinance No. 4475, consolidating budget
adjustments made between July 1, 2023 and September 30, 2023,
reflecting an overall budget increase of $4,079,264.
SUMMARY: Authorization is requested to approve the technical gross budget
adjustment ordinance reflecting an overall budget increase of $4,079,264.
Adjustments totaling $1,604,160 have previously been approved by Council and are
summarized as follows:
$295,000 in grants as follows:
$250,000 King County Grant for air conditioner units for low-income
seniors.
$45,000 National Highway Safety Grant for Target Zero Manager
overtime.
$1,281,160 in carryforward budgets as follows:
$982,200 in ShoWare carryforward budgets for capital lifecycle spending.
$182,100 in Economic and Community Development carryforward
budgets - $116,860 for the 2022 Comprehensive Plan contribution and
$65,240 for Downtown Strategic Area Plan Implementation.
$116,860 to establish a budget for the use of transferred Economic and
Community Development carryforward funds in the Comprehensive Plan
project.
$28,000 for increased audit fees.
The remaining adjustments totaling $2,475,104 have not been previously
approved by Council and include:
$1,924,820 for the transfer ($1,253,490) and budgeted use ($1,253,490)
of funds for the Courtroom Renovation project. These increases were
offset by the reduction of transfers to ($291,080) and use of ($291,080)
Capital Resources Funds in IT/Court projects to reallocate and contribute
IT's portion to the Courtroom Renovation project.
$250,000 for the transfer ($125,000) and budgeted use ($125,000) of
Economic and Community Development funds for the 2023
Comprehensive Plan contribution.
Packet Pg. 217
8.0
$125,000 to establish a legal fee reserve.
$80,000 for increased Lodging Tax grants.
$70,000 for the transfer ($35,000) and use ($35,000) of Capital Resource
Funds for police firing range upgrades to air ducts.
$25,284 for Community Development Block Grant true-ups ($18,014) and
the use of unallocated IT funds for Tech Plans ($7,270).
BUDGET IMPACT: These expenditures are funded by grants, existing fund
balance, or other new revenues.
SUPPORTS STRATEGIC PLAN GOAL:
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Budget Adjustment Ordinance Q3 2023 (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 218
8.O.a
M
N
O
N
r
7
7
C
N
N
3
as
ORDINANCE NO. 4475
as
E
N
Z
�a
AN ORDINANCE of the City Council of the Q
0
City of Kent, Washington, approving the
consolidating budget adjustments made between
July 1, 2023 and September 30, 2023, reflecting an
overall budget increase of $4,079,264. o
c
a�
E
N
RECITALS .21
a
r
A. Expenditures as classified in the final, adopted budget
constitute the city's appropriations for that year. After adoption, there are m
a variety of events that will precipitate the need to amend the adopted
budget, such as grant awards, bonds issuance, collective bargaining
0
N
agreements and additional budget requests. These modifications are r-
U
periodically consolidated into a supplemental budget adjustment ordinance
00
amending the original adopted budget. M
M
N
O
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, C)
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
c
c
�a
ORDINANCE 0
r
c
as
SECTION 1. - Budget Adiustments. The 2023-2024 biennial budget N
E
is amended to include budget fund adjustments for the second quarter of Q
2023 from July 1 to September 30, 2023, as summarized and set forth in
Exhibit "A," which is attached and incorporated into this ordinance. Except m
1 2023-2024 Budget Adjustment
Third Quarter 2023 M
r
Q
Packet Pg. 219
8.O.a
M
N
as amended by this ordinance, all terms and provisions of the 2023-2024 N
biennial budget Ordinance No. 4451, as amended by Ordinance Nos. 4465 21
3
and 4472, shall remain unchanged.
aD
aD
3
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
E
Z
and the same shall remain in full force and effect. Q
L
0
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon 0
CU
approval of the City Attorney, the City Clerk and the Code Reviser are
authorized to make necessary corrections to this ordinance, including the o
r
correction of clerical errors; ordinance, section, or subsection numbering; or
E
references to other local, state, or federal laws, codes, rules, or regulations.
.21
r
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force five days after publication, as provided by law. m
a�
CU
November 21, 2023
c
DANA RALPH, MAYOR Date Approved 0
00
v
ti
ATTEST:
M
N
O
N
November 21, 2023 M
CY
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
c
November 24, 2023 =
Date Published o
r
c
a�
E
r
APPROVED AS TO FORM:
Q
a�
TAMMY WHITE, CITY ATTORNEY m
c
2 2023-2024 Budget Adjustment E
Third Quarter 2023
r
Q
Packet Pg. 220
8.O.a
Exhibit A N
City of Kent N
Budget Adjustment Ordinance 21
Adjustments July 1, 2023 to September 30, 2023
Previously Approval
Total
Fund Title Adjustment
Approved Requested r
Ordinance
General Fund 210,100 250,000 460,100
E
Lodging Tax Fund - 80,000 80,000
Capital Resource Fund 116,860 590,880 707,740 Q
Criminal Justice Fund 45,000 566,530 611,530 0
Human Services Fund 250,000 18,014 268,014
ShoWare Operating Fund 982,200 - 982,200
CU
Technology Capital Projects - (283,810) (283,810)
Facilities Management Fund - 1,253,490 1,253,490 p
Total 1,604,160 2,475,104 4,079,264
E
r
N
7
"a
Q
r
O
3
m
a'l
C
R
O
N
C
O
U
00
ti
M
M
N
O
N
M
CY
d
V
C
R
C
E
i
0
r
C
d
E
r
N
3
Q
d
3
m
C
E
t
V
R
r
Q
Packet Pg. 221
8.O.a
Budget Adjustment Detail for Budget Changes M
July 1, 2023 to September 30, 2023 c
N
Approval Previously Not Previously Total r
Date or Approved by Approved by Adjustment >+
Other Fund Council Council Ordinance 3
7
General Fund 4)
N
Transfer ECD 2023 Comprehensive Plan contribution 1500 125,000 125,000 N
Transfer ECD 2022 Carryforward for for Comprehensive Plan contribution 2022 116,860 116:860
ECD 2022 Carryforward for for DSAP implementation 2022 65,240 65,240 -0
Legal services reserve for anticipated legal services 125,000 125,000 U)
Increased Audit Fees 6/6/2023 28,000 28,000 d
Total General Fund 210,100 250,000 460,100
N
Lodging Tax Fund 7
Increased Event Grants 80,000 80,000 Q
Total Lodging Tax Fund - 80,000 80,000
L
O
W
Capital Resource Fund N
Transfer of CRF funds for Courtroom Renovation 5400 430,880 430,880 v
Transfer of IT portion of Courtroom Renovation 5400 291,080 291,080
Reduce transfers to IT projects for IT portion of Courtroom Renovation 3400 (291,080) (291,080)
Transfer funds to CIF for Police Firing Range Upgrades 1600 35,000 35,000
Establish budget for 2022 Comprehensive Plan contribution carryforward 1000 116,860 116,860 0
Establish budget for 2023 Comprehensive Plan contribution 1000 125,000 125,000
Total Capital Resource Fund 116,860 590,880 707,740 N
E
r
Criminal Justice Fund N
7
National Highway Safety Grant for Target Zero manager overtime KCC 3.70 45,000 45,000 .2
Police Firing Range Upgrades(air ducts) 1500 35,000 35,000 Q
Transfer of funds for Courtroom Renovation 5400 531,530 531,530 y
Total Criminal Justice Fund 45,000 566,530 611,530
3
ShoWare Operating Fund m
2022 Lifecycle carryforward 2022 982,200 982,200 0)
Total ShoWare Operating Fund 982,200 - 982,200 },
cC
Human Services Fund -
KC Grant for air conditioner units for low-income seniors 6/6/2023 250,000 250,000 O
N
True up of CDBG 2023 revenues 18,014 18,014 a
O
Total Human Services Fund 250,000 18,014 268,014 U
Technology Capital Projects 00
Reduce IT/Court project budgets for IT portion of Courtroom Renovation 5400 (291,080) (291,080) M
Transfer Unallocated IT funds to Tech Plans 7,270 7,270
Total Technology Capital Projects - (283,810) (283,810) CO)
N
O
Facilities Management Fund C4
Establish budget for Courtroom Renovation project 1500/1600 1,253,490 1,253,490 M
CY
Total Facilities Management Fund - 1,253,490 1,253,490
V
C
R
Grand Total All Funds 1,604,160 2,475,104 4,079,264
L
O
r
E
Z
Q
M�
W
E
V
ca
r
Y
Q
Packet Pg. 222
8.P
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: 2024 Legislative Agenda - Adopt
MOTION: I move to adopt the City's 2024 state legislative agenda.
SUMMARY: The City develops a state legislative agenda every year, which
identifies the legislative priorities and policies for the City for the upcoming
Washington state legislative session.
Contract lobbyist Briahna Murray of Gordon Thomas Honeywell Government Affairs
met with the Mayor, Chief Administrative Officer, and department directors over the
last few weeks to identify issues and priorities for the upcoming state legislative
session.
This legislative agenda will form the basis for staff work during the upcoming
session, and the positions the City will take as bills move through the Legislature.
The agenda will move from this meeting to the Council meeting of November 7,
2023, under the Consent portion of the agenda.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
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. 223
8.P
ATTACHMENTS:
1. 2024 Policy Document (PDF)
10/17/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [5 TO 1] Next: 11/21/2023
7:00 PM
MOVER: Les Thomas, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer, Michaud, Troutner
NAYS: Les Thomas
Packet Pg. 224
8.P.a
2024 Top Legislative Priority
Councilmanic Public Safety Sales Tax: Public safety is the Kent community's most significant concern. In
response, the City of Kent has worked diligently to utilize existing resources to create a safer community while
simultaneously ensuring police accountability and transparency. However,the City has reached the limit on
what it can accomplish with existing resources. The Kent City Council is willing and committed to approving a
local tax to generate the resources necessary to improve public safety— however, state law does not provide
the council with that authority. The City of Kent urges the Legislature to approve councilmanic taxing
authority to fund public safety now—in 2024—so that the City Council can effectively lead the community
and help residents feel safe at home, work, parks, restaurants and throughout their daily lives.
2024 Policy Document c
a
Administration:The City of Kent strives to operate as efficiently and cost-effectively as possible to administer
the City. Administrative departments include City Administration, City Attorney's Office, Human Resources,
and Information Technology.
Q
as
Public Records Act/Open Public Meetings Act—The City will monitor proposals amending the Public M
Records Act and/or the Open Public Meetings Act and will support those proposals that provide T,
increased cost recovery or greater efficiencies while maintaining transparency. In 2022, the City of
Kent received 8,159 Public Records Act requests and dedicated approximately 6,666 hours of c
personnel time fulfilling these requests. `.4
M
Personnel Benefits and Costs—The City is supportive of providing its workforce with support and
resources to excel professionally and personally. As the Legislature considers labor-related proposals,
the City will advise legislators on any added costs and requirements so the fiscal, as well as policy, E
implications are well understood. c
0
Access for Non-English-Speaking Individuals—According to a 2023 WalletHub report, the City of Kent 2
is the most diverse city in Washington State, the 6t" most diverse City in the nation, and over 136 a-
languages are spoken within the community. Over 44 percent of Kent's residents speak a language c
other than English at home. The City is implementing a Language Access Plan, currently identifying vital
documents for translation. Kent supports increased funding to ensure improved communication and
access to government for non-English-speaking individuals. z
U
r
Procurement/Contracting—The City supports efforts to make public procurement and contracting a
more flexible. The City will monitor proposals related to prevailing wage and apprenticeship utilization,
and will support those proposals that facilitate increased apprenticeship opportunities. For example,
the City of Kent is supportive of efforts to increase apprenticeship opportunities for tribal members
and allowing parks departments to contract with non-profit organizations more easily.
Right-of-Way Management—The City of Kent manages city-owned right-of-way for the benefit of the
Kent community, such as streets, sidewalks, trails, rivers, and more. The City provides permits and
access to the right-of-way for a variety of uses. Kent opposes any legislation that limits the City's
control and management over the right-of-way.
Packet Pg. 225
8.P.a
Honoring Local Community Decisions—The City of Kent encourages the Legislature to honor local
decision-making authority, especially on regulatory and land use decisions.The City is the government
closest to the people and is in the best position to assess and respond to the needs of the community.
Economic&Community Development: The Kent Valley is an economic asset to Washington State, providing a
global aerospace and advanced manufacturing hub in the heart of the Seattle Metro Area that is strategically
located near the Ports of Seattle and Tacoma. Over 12,000 businesses are in the Kent Valley providing over
250,000 jobs and generating $4.6 billion in revenue.
Economic Development Tools— Kent requests additional economic development tools that assist in
maintaining, expanding, and modernizing local infrastructure to help spur local private sector
investment.
Workforce Development Aerospace Legislation—The City of Kent supports legislation that establishes -°a
a business and occupation (B&O) tax credit for aerospace manufacturing training and education Q
expenses. South King County aerospace industries contribute over$13 billion annually to King County
GDP, providing a key source of local revenues and supplying increasingly rare middle wage
occupations. The tax base and diversity of careers available for south King County workers is supported Q
by a healthy and competitive aerospace industry. Incentivizing more on-the-job training and
apprenticeship programs through tax policy helps Kent's employers bring more residents into well- N
paying, living wage careers while contesting the cost pressures inherent on aerospace manufacturing in .5
an increasingly congested King County. J
v
N
O
Kent Valley Advanced Technology Teaching Center—The City of Kent is excited about the potential for `V
development of the Kent Valle Advanced Technology Teaching Center on the Naden property in the
p Y gY g p p Y �
City's downtown. As the vision for the site becomes further refined, the City is hopeful that the state
will invest in a STEMnasium on the site to further youth opportunities and workforce development in
the technology sector. E
U
0
Childcare— Kent encourages the state to enact policy changes and investments to increase available
childcare throughout the state. The City supports ongoing efforts to create a child care license to allow 'o
for "parent" childcare licenses for organizations to operate multiple sites, such as a parks organization. a-
N
O
Truck Parking Solutions— Being located between the Port of Seattle and Tacoma and along 1-5 and SR
167, the City of Kent is a hub for freight movement. The lack of adequate truck parking in Washington E
State has created local code enforcement issues and negative impacts to the quality of life for Kent
truckers and residents.The City supports statewide policies and funding to address freight truck
parking. a
Resources for Planning, Development and Permitting Staff—Statewide, there is a shortage of staff
with land use planning and development expertise, including planning, building, and engineering staff.
Kent has two long-range planners and eight permit reviewers. With this limited workforce, the City
reviews approximately 5,000 permits per year and has recently undertaken significant land use reforms
around the multi-family property tax exemption, accessory dwelling unit regulations, and more to
increase development capacity within the community. Kent has proactively implemented a new
electronic permit system and innovative permit streamlining. Even with this technological
advancement, experienced staff are needed to implement the rapid influx of state legislation and to
process development permits in a timely manner. The City requests state funding and resources to add
staff and expertise for planning and development reviews.
Packet Pg. 226
8.P.a
Implementation Timing-The City of Kent is in the process of updating its Comprehensive Plan as
required by the Growth Management Act.The City has conducted significant public outreach and is on
track to adopt the plan in 2024 to meet state law requirements. Additional legislative changes would
be difficult to incorporate into this Comprehensive Plan update given the community engagement and
staff time invested thus far. Additionally, the City is conducting an Environmental Impact Statement
(EIS) on the Comprehensive Plan to allow housing and development to be exempt from the State
Environmental Protection Act (SEPA), consistent with SB 5412 (2023). Additional changes may conflict
with this exemption creating an increased barrier to housing development.
Housing: Kent adopted a Housing Options Plan in June 2021, providing the City with a roadmap for local
housing policies in the coming years. The Plan included four key strategic policy objectives: 1) Preserve
affordable housing options in Kent while minimizing and mitigating displacement; 2) Make it easier to grow
Kent's housing stock while increasing housing variety and choice; 3) Leverage and expand partnerships to -°a
further housing-related goals; and 4) Share Kent's housing story in coordination with the South King Housing Q
Homeless Partner (SKHHP).
c
m
Additionally, the City has utilized the local option affordable housing sales tax (HB 1590) and sales tax credit Q
(HB 1406) and has identified multi-family tax exemption (MFTE) target areas near high-capacity transit. The
Department of Commerce and King County recently released housing need allocations under HB 1220, which N
indicate that 60% of the new housing units in Kent constructed by 2044 should serve households making 80-
120% of the area median income (AMI). Most of the City of Kent's current housing is serving households v
making 30-80% of the AMI, and a majority of new units in the permitting pipeline are projected to provide N
housing units at 30-60%AMI.
M
ti
Support for Mixed-Income Communities—The City of Kent aspires to become an integrated
community, creating mixed-income neighborhoods that uplift low-income workers and reduce
commute times by providing housing to serve the range of low and high wage jobs centered in the E
Kent valley. These mixed-income communities are necessary to attract the grocery stores, coffee o
shops, restaurants, services, and other small businesses that create walkable 15-minute complete
communities. o
a-
v
Preservation of Existing Affordable Housing— Because most of Kent's current housing units are N
serving households making under 80% of the area median income, any new housing policies and tools
should ensure existing affordable housing can be preserved.
U
Homeownership—A significant portion of Kent residents are renters rather than homeowners. The a
City of Kent supports increasing homeownership opportunities, particularly for communities of color.
The City supports increased assistance, reforms to condominium laws, and other policies that open
doors to homeownership.
Transit-Oriented Development—The City of Kent has a Sounder Station in downtown, two light rail
stations under construction on the west hill adjacent to 1-5 and Pacific Highway, and a forthcoming
RapidRide bus line that will run north/south through the east hill. Kent has allowed unlimited heights
downtown, and significant density around the two light rail stations; however, the market has been
slow to respond to this zoning even with development incentives in place. The City is also planning for
nodes of density along key stops on the RapidRide line. Any statewide policy on transit-oriented
development should honor each community's unique housing market and recognize that infrastructure
is needed to support transit-oriented development.
Packet Pg. 227
8.P.a
Housing Grant Programs— Kent supports full funding for the Housing Trust Fund and other housing
grant programs and encourages a portion of the funds be dedicated to the preservation of existing
affordable housing units.
Mobile Home Park Legislation— Kent supports proposals that preserve existing mobile home parks
that are safe and fit for human habitation and enhance mobile home park tenant relocation assistance.
Homeless Encampments— Kent supports funding to assist cities with housing individuals living in
homeless encampments and the abatement and prevention of those encampments. Any legislation
adopted by the state should ensure that the city's ability to regulate encampments is maintained.
Recreational Vehicles— Kent is experiencing health and safety challenges related to individuals
experiencing homelessness who live in recreational vehicles (RVs). The City of Kent supports a -°a
statewide response to homelessness issues related to RVs given their potential impacts to the Q
environment, challenges in disposing of abandoned RVs, and that RVs are often moved from .�
community to community.
a�
Q
Finance: The City of Kent faces structural fiscal challenges. While each city in Washington State has similar
taxing tools, cities can have a tax base that varies dramatically based on the mix of industries located in the N
community. As a strong hub of manufacturing and distribution, Kent does not have significant sales tax
generators and property values are lower in Kent than in many other King County cities. The City of Kent's v
budget predominantly relies on sales tax, property tax, B&O tax, and utility taxes. The City of Kent's 2023-24 N
Budget was most challenged because inflation was at 9.5%, while property taxes were limited to growth of 1%
plus new construction. The biennial budget maintained status quo. Additions to the budget came with a M
revenue stream or expenditure reductions to support it.
c
m
E
Streamlined Sales Tax Mitigation/Warehousing and Manufacturing Assistance Program—When the c
state adopted destination-based sales tax in 2007, the state committed to mitigating the loss of
revenue to jurisdictions, like Kent, that have significant manufacturing and distribution businesses o
located within their community and are therefore "shipping out" sales tax transactions to other a-
Iq
communities. The Legislature has committed to continuing this mitigation until 2026 through the c
Warehousing and Manufacturing Assistance Program. The City will closely monitor any proposals N
impacting this program and will support measures to extend the mitigation program.
z
U
Local Option Councilmanic Authority& Revenue Flexibility—The Kent Mayor and City Council were
elected by City voters to lead the City and are held accountable by those voters. Kent is supportive of a
the state providing additional local option tools that can be imposed through a vote of the council,
rather than a vote of the people. Additionally, the City encourages the state to provide flexibility with
existing revenue streams to best meet the needs of the local community.
Unfunded Mandates— Kent urges the Legislature to refrain from imposing new unfunded or
underfunded mandates on cities and to protect local revenue authority critical to enabling cities to
provide core services their residents depend upon.
State-Shared Revenues— Kent supports ongoing funding for state-shared revenues, including liquor
excise tax revenue, liquor profit revenue, and municipal criminal justice revenue.
Packet Pg. 228
8.P.a
B&O Tax/Business Licensing— Kent will advocate to ensure that any legislation on local business &
occupation taxes or business licensing is revenue-neutral and achievable for cities. Additionally, the
City supports legislation clarifying how the business and occupation tax applies to royalties.
1% Property Tax— Kent supports legislative proposals that remove or increase the 1% cap on property
tax levy increases. The current 1%growth limit allowed for a 2024 increase in the budget of$338,282.
A 3% increase would have allowed for a $1,014,845 increase ($676,563 more than the 1%).
Parks: Kent recently updated its Parks and Open Space Plan, which has been approved by the Recreation and
Conservation Office (RCO). This new plan establishes a vision for Kent's park system that reflects the
community's diverse population. A primary objective of this plan is to establish a baseline of geospatial
mapping and analysis through information layering and a scoring system based on park access, quality and
quantity of amenities, and equity metrics to reveal patterns and deficiencies that can guide planning and
priorities. This plan can be found: Parks Planning & Development I City of Kent (kentwa.gov) -°a
Q
• Park Maintenance and Operation Funding—Kent joins communities throughout the state in
requesting increased and sustainable funding for a newly created grant program, Local Parks
Maintenance (LPM), administered by the Recreation and Conservation Office (RCO), to address the Q
backlog of park maintenance and preservation needs. The LPM Program offered one-time grants of up
to $100,000 for deferred maintenance at local parks. The City of Kent applied for this 2023 funding, up
to the max allowable of$100,000. This funding has only been allocated in the state's budget as a one- •6
time funding option. Park and recreation agencies across the state, including Kent, have a cumulative
Iq
maintenance backlog of over $725 million in need to address maintenance backlogs on park N
infrastructure, most of which was installed in the 70s and 80s, especially at a time, when parks, trails N
and open space are seeing record setting public use by its communities. Kent has a current deferred M
maintenance backlog of its park system forecasted to be over $21 million in the next two years alone.
c
Recreation and Conservation Office Grant Programs—The City of Kent supports full and increased
funding for grant programs administered through the Recreation and Conservation Office (RCO), that U
support public park infrastructure, including the Washington Wildlife & Recreation Program (WWRP), o
the Youth Athletic Facilities program (YAF), the Aquatic Lands Enhancement Account (ALEA), and the
Land and Water Conservation Fund (LWCF). The successful implementation of the Kent Parks and Open a
Space Plan relies heavily on the City's ability to apply for and receive RCO grants from the sources N
listed above. RCO is Kent Parks' primary external funding source and is utilized annually as grant N
funding capacity allows. Unfortunately, there is so much park infrastructure need across the state,
many critical projects advancing equity gaps are left unfunded every year. E
U
r
Public Safety and Human Services: The Kent Police Department is composed of officers and civilians working
a
together to enforce laws and care for their Kent neighbors, businesses, and visitors. The City is committed to
building public trust within the community through open communication and transparency. The City is one of
the first police departments to deploy body cameras, has implemented an innovative community immersion
program for new hires, and utilizes the Fire Department Community Assistance, Referrals and Education
Services (FD CARES) model for alternative response. The City operates its own municipal court, and within that
court has a DUI Court and Community Court—therapeutic court models designed to divert offenders into
treatment rather than incarceration.
Behavioral Health— Kent supports improving access to the entire continuum of behavioral health
services and substance use disorder (SUD) treatment for adults and juveniles, including crisis
Packet Pg. 229
8.P.a
treatment, inpatient, intensive outpatient, and ongoing behavioral and mental health treatment and
SUD treatment. This includes, but is not limited to, support to improve workforce and staffing issues at
community treatment centers, and additional state funding for establishment and expansion of
treatment facilities.
Implementation of 988 -The City supports the 988 Suicide & Crisis Lifeline and the need to develop a
robust system to triage, provide rapid response, follow-up services, and to coordinate 911, law
enforcement, and behavioral health.
Possession of Controlled Substances— Kent supports direct funding to cities to offset the costs of
implementing the state's new drug possession law, including funding for staffing law enforcement
assisted diversion, co-responder teams, therapeutic courts, and diversion programs. The City supports
technical fixes to address implementation issues that have been identified and supports proposals that
ensure those suffering from substance abuse are provided ample opportunity to engage in treatment, -°a
while also facing consequences for failure to engage in or complete treatment. Q
-a
Therapeutic Courts— Kent requests ongoing funding and increased use of therapeutic courts, such as
the City's DUI Court and Community Court model. The City supports efforts to expand therapeutic Q
courts to additional areas of addiction, such as gambling.
Basic Law Enforcement Academy Funding— Kent supports increased funding for training classes at the
Basic Law Enforcement Academy, and expansion of the Academy to regional locations. Wait times for
new officers to attend the basic academy continues to be four months or more. These long wait times N
directly impact police staffing and further hamper local jurisdictions' ability to deploy more officers on
le
the street. 02
M
Human Trafficking— Kent supports efforts to stop human trafficking in Washington State.
E
Organized Retail Theft—The City of Kent supports policies and funding that aim to reduce instances of o
organized retail theft.
0
Vehicular Pursuits— Kent supports legislation clarifying the ability for law enforcement to conduct a-
vehicle pursuits using a reasonable suspicion standard for certain property crimes, auto theft, and N
street racing.
as
E
Police Body-Worn and Dash Cameras— Kent will monitor any legislation regulating police body-worn M
cameras. The City has developed local policies for the deployment of police body-worn cameras and is a
piloting dash cameras. Kent will monitor policies impacting its ability to respond to public records
requests associated with footage from the cameras.
Forfeiture— Kent opposes legislation that undermines the ability of law enforcement to conduct drug
and property forfeiture operations. These forfeitures are an important tool in addressing illegal drug
activity and organized crime in the community and throughout South King County.
Co-Responder Funding— Kent supports increased funding for mental health co-responders, community
service officers and similar programs.
Climate/Environment—The City of Kent recognizes the impact of climate on the community. The City has
committed to including a climate element in the 2024 Comprehensive Plan periodic update, well in advance of
Packet Pg. 230
8.P.a
state mandates directing that work. Given the state's commitment to addressing climate change, the City
encourages the state to continue making investments in South King County to improve air quality, reduce
greenhouse gas emissions, and mitigate the impacts of climate change in the community.
Truck Electrification—The City of Kent supports grants and subsidies to assist the trucking industry to
convert from diesel to electric.
Zero-Emission Landscaping Equipment— Kent supports an incentive-based approach to bring zero-
emission power landscaping equipment to the market in a way that can be phased in by local
governments using such equipment.
Reductions to the Waste Stream - Kent supports policies that reduce the waste stream, such as
producer responsibility proposals, incentivizing the reduction of plastics, and encouraging recycling.
Urban Wildfire Protection: As summers get hotter and drier, and as illicit activities rise, concerns are c
growing about the risks of urban wildfires. Kent Parks seeks cooperation and resources to protect Mill Q
Creek Canyon, Clark Lake, Fenwick Park, and other parks from wildfires.
c
as
Public Works—The City Public Works Department is responsible for roadways, sidewalks, stormwater, flood
Q
control, water and sewer utilities, and solid waste management. From a transportation perspective, the City of
Kent is challenged in establishing east-west connectivity. Several north-south corridors (1-5, SR 167, BNSF, UP,
and SR 516)traverse the City. Creating east-west connectivity over/under these corridors can be challenging. An
Additionally, as home to the state's largest warehousing, manufacturing, and distribution center, the City of _J
Kent has a disproportionately significant amount of freight traffic utilizing local roadways which reduces the c
life expectancy of its roadways. C.4
M
Timely Implementation of Planned Projects—The state has invested in the Kent community by
committing funds to several important connectivity projects. Below is the current planned funding
timeline for these projects. The City asks that these timelines are honored: E
• Meet Me on Meeker (multimodal corridor connecting downtown Kent to west Kent): $3 c
million in 23-25; $7 million in 25-27
• 224t" Corridor (key east-west connection corridor between the Kent Valley and east hill): .2
$10 million in 23-25; $10.6 million in 25-27 a-
v
• Interurban Trail (multimodal connection in the east hill): $2 million in 25-27 c
• Puget Sound Gateway project
a�
State Route 167 Funding and Phasing Plan —Washington State Department of Transportation
(WSDOT) recently completed an updated 167 Master Plan as part of the 1-405 and SR 167 corridor
being combined into one corridor. The City supports funding for a State Route 167 funding and phasing a
plan to realize the projects identified in the 167 Master Plan in proportion to the investments on 1-405.
State Route 167 Tolls—The Washington State Transportation Commission plans to establish a new toll
rate schedule in 2025 for State Route 167 as part of toll infrastructure upgrades and the combining of
State Route 167/Interstate 405 into a single corridor. The City requests that new toll rates for express
toll lanes demonstrate additional value to South King County.
Traffic Safety/Vision Zero—The City of Kent is developing a Road Safety Plan utilizing a Puget Sound
Regional Council grant and will be adopting a safe-system approach to address increasing traffic safety
concerns. The City supports state policies that align with implementation.
Packet Pg. 231
8.P.a
Transportation Preservation & Maintenance—The City of Kent requests increased state funding for
transportation preservation and maintenance of street and sidewalk infrastructure. The freight traffic
that accompanies Kent's industrial and manufacturing industry deteriorates infrastructure at an
accelerated rate—each fully loaded truck is the equivalent of 7,000 cars. This makes Kent's
preservation and maintenance needs greater than most other Washington State communities.
Infrastructure Grant Programs— Kent supports ongoing funding to the Transportation Improvement
Board, the WSDOT Pedestrian and Bicycle Program, Safe Routes to School Program, the Freight
Mobility Strategic Investment Board, Public Works Assistance Account, and Floodplains By Design. The
City has successfully secured multiple grants from these important grant programs.
Stormwater Funding— Kent supports increased grant funding for jurisdictions to meet the new NPDES
permit requirements.
a
0
Local Culvert Funding— Kent encourages the state to make fish passage investments on a watershed Q
basis, funding both state and local culverts in a manner that maximizes the amount of fish habitat
improved with each investment.
a�
Q
Nutrient General Permit for Wastewater Treatment Plants—The City of Kent contracts with King
County for wastewater treatment services. The City is closely monitoring the impact of the Department N
of Ecology's recently issued nutrient general permit for wastewater treatment plants in the Puget
Sound region and supports efforts to identify cost-effective approaches to reducing nutrients and J
Iq
reducing impacts to utility ratepayers. N
Flooding/Habitat Restoration—The Green River traverses through the City of Kent, historically 02
creating flooding challenges for the community. The City has worked with the King County Flood
Control District to rebuild levees along the Green River to meet federal levee certification
requirements, reduce flooding, enhance habitat, and increase recreational opportunities. As such, the E
City supports state efforts to fund flooding and habitat restoration projects. 0
0
a-
v
N
O
N
C
N
E
t
V
2
r
Q
Packet Pg. 232
8.Q
•
KENT
*A S M IN G T O N
DATE: November 21, 2023
TO: Kent City Council
SUBJECT: Ordinance Amending the Capital Facilities Element of the
City's Comprehensive Plan — Adopt
MOTION: I move to adopt Ordinance No. 4476, amending the Kent
Comprehensive Plan and its Capital Facilities Element to adopt the City's
six-year Capital Improvement Plan, the Regional Fire Authority's six-year
Capital Improvement Plan, and area-school districts' six-year Capital
Facility Plans.
SUMMARY: This Ordinance incorporates the following plans into the Capital
Facilities Element of the City's Comprehensive Plan:
0 2024-2029 City of Kent Capital Improvement Plan;
2024-2029 Capital Improvement Plan of the Puget Sound Regional Fire
Authority;
• 2024-2029 Capital Facilities Plans for the Kent, Auburn, Federal Way, and
Highline School Districts.
BUDGET IMPACT: None.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
ATTACHMENTS:
1. Comp Plan Ordinance (PDF)
2. Exhibit A_City CIP (PDF)
Packet Pg. 233
8.Q
3. Exhibit B_PSRFA (PDF)
4. Exhibit C_Auburn (PDF)
5. Exhibit C - Federal Way (PDF)
6. Exhibit C_Highline (PDF)
7. Exhibit C_Kent (PDF)
8. General Statistics Table (PDF)
11/07/23 Committee of the Whole MOTION PASSES
RESULT: MOTION PASSES [UNANIMOUS]Next: 11/21/2023
7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
Packet Pg. 234
8.Q.a
t
r
4-
ORDINANCE NO. 4476
c
a�
E
2
w
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent
Comprehensive Plan and its Capital Facilities U_
Element to reflect a six-year plan for capital a
improvement projects, the six-year Capital
Improvement Plan of the Puget Sound Regional Fire L)
Authority, and the six-year Capital Facilities Plans of r
the Kent, Auburn, Federal Way, and Highline School
Districts (2024-2029).
a�
E
a
RECITALS
c
L
O
A. The State Growth Management Act (GMA) requires the City to
M
LO
have a Capital Facilities Element within its Comprehensive Plan. To assure M
the Comprehensive Plans remain relevant and up to date, the GMA allows
c
amendments to the capital facilities element of comprehensive plans
concurrently with the adoption or amendment of a city budget, pursuant to 0
c
RCW 36.70A.130. a
B. The City of Kent has established procedures for amending the E
0
Comprehensive Plan in Chapter 12.02 of the Kent City Code (KCC), allowing
c
amendment of the Capital Facilities Element of the Comprehensive Plan E
concurrently with the adoption or amendment of the City's budget. As part
r
r
of these procedures the City Council may hold the public hearing instead of a
the Land Use and Planning Board as laid out in KCC 12.02.010.
1 Comprehensive Plan Amendment
to the Capital Facilities Element for
2024-2029 Capital Improvements
Packet Pg. 235
8.Q.a
C. Pursuant to RCW 36.70A.070(3), the Capital Facilities Element
must include a six-year plan that shows how the City will finance such
capital facilities within projected funding capacities and identifies sources of
funding for such purposes.
D. The City of Kent Finance Department has submitted proposed 4-
0
amendments to the Capital Facilities Element of the Comprehensive Plan to
identify a six-year plan for capital improvement projects, including costs
w
and revenue sources. N
a�
r
E. Pursuant to RCW 82.02.050, impact fees may be collected and
spent only for the public facilities which are addressed by the City's Capital
Facilities Element of the Comprehensive Plan. In order to collect fire impact
U
fees to be spent by the Puget Sound Regional Fire Authority (RFA), the City
r
must adopt the RFA's Capital Improvement Plan into the City's Capital
Facilities Plan Element.
F. On September 20, 2023, the Puget Sound Regional Fire Q
Authority Governance Board voted to adopt Resolution 186 approving the
Puget Sound RFA 2024-2029 Capital Improvement Plan and Resolution 187 =_
L
approving the Puget Sound RFA 2024 Mitigation and Level of Service Policy. 0
G. The City of Kent has adopted a school impact fee program as ti
M
authorized by the GMA and RCW 82.02.050. Impact fees may be collected aD
and spent only for the public facilities which are addressed by the Capital
Facilities Plan Element of the City's Comprehensive Plan. In order to collect
0
school impact fees to be spent by the school districts, the City must adopt
a
the schools' Capital Facilities Plans into the City's Capital Facilities Plan
Element. 0
U
H. The Kent, Federal Way, Highline, and Auburn School Districts
E
have submitted proposed amendments to their Capital Facilities Plans to
be included in an amendment of the City's Capital Facilities Element of the a
Comprehensive Plan.
2 Comprehensive Plan Amendment
to the Capital Facilities Element for
2024-2029 Capital Improvements
Packet Pg. 236
8.Q.a
I. On September 22, 2023, the City provided the State of
Washington the required 60-day notification under RCW 36.70A.106 of the
City's proposed amendment to the Capital Facilities Element of the
Comprehensive Plan. The 60-day notice period passed on November 21,
2023. r
0
J. On October 6, 2023, the City's SEPA responsible official issued
a SEPA Addendum to existing environmental documents consisting of the
w
Kent Comprehensive Plan Review and Midway Subarea Planned Action
r
Environmental Impact Statement (EIS) Draft and Final (ENV-2010-3) and
the Downtown Subarea Action Plan Supplemental EIS Draft and Final (ENV-
2012-30). The SEPA Addendum explained that the proposed amendment
U
would not create unavoidable impacts beyond those previously identified in
r
the EIS.
c
K. After providing appropriate public notice, the City Council of
the City of Kent conducted public hearings on October 3, 2023, and October Q
17, 2023, to consider the proposed biennium budget and six-year plan for
capital improvements and the requested amendment to the Comprehensive =_
L
Plan and its Capital Facilities Element. 0
L. After providing appropriate public notice, the City Council of ti
M
the City of Kent considered the requested Comprehensive Plan amendment aD
and held a public hearing on the same on October 17, 2023.
c
M. On November 21, 2023, the City Council for the City of Kent
0
approved the Capital Facilities Element amendment to the Kent
a
Comprehensive Plan to reflect a six-year plan for capital improvement
projects (2024-2029), the Puget Sound Regional Fire Authority's Capital L)
Improvement Plan (2024-2029), and the Capital Facilities Plans of the Kent,
E
Federal Way, Auburn, and Highline School Districts, as set forth in Exhibits
A, B, and C attached and incorporated by this reference. a
3 Comprehensive Plan Amendment
to the Capital Facilities Element for
2024-2029 Capital Improvements
Packet Pg. 237
8.Q.a
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
r
4-
0
SECTION 1, - Amendment. The Kent Comprehensive Plan and its
Capital Facilities Element are hereby amended to reflect a six-year plan for
w
capital improvement projects (2024-2029), as set forth in Exhibit A
r
attached and incorporated by this reference.
U_
SECTION 2. - Amendment. The Kent Comprehensive Plan, and its �-
U
Capital Facilities Element, are amended to include the Six-Year Capital
r
Improvement Plan of the Puget Sound Regional Fire Authority for the
years 2024 through 2029, as set forth in Exhibit B attached and
incorporated by this reference. Q
a�
c
SECTION 3, - Amendment. The Kent Comprehensive Plan, and its =_
L
Capital Facilities Element, are amended to include the Capital Facilities Plans o
of the Kent, Federal Way, Auburn, and Highline School Districts, as set forth ti
M
in Exhibit C attached and incorporated by this reference. aD
c
SECTION 4. - Corrections by City Clerk or Code Reviser. Upon o
approval of the city attorney, the city clerk and the code reviser are
a
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or L)
references to other local, state, or federal laws, codes, rules, or regulations.
E
SECTION 5, - Severability. If any one or more section, subsection, a
or sentence of this ordinance is held to be unconstitutional or invalid, such
4 Comprehensive Plan Amendment
to the Capital Facilities Element for
2024-2029 Capital Improvements
Packet Pg. 238
8.Q.a
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 6. - Effective Date. This ordinance shall take effect and be
in force 30 days from and after its passage, as provided by law. 4-
0
c
a�
E
a�
November 21, 2023 w
as
DANA RALPH, MAYOR Date Approved
a_
ATTEST:
U
November 21, 2023 r
a�
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
c
November 24, 2023
Date Published Q
a�
c
APPROVED AS TO FORM: =a
L
O
M
LO
M
TAMMY WHITE, CITY ATTORNEY
c
c
L
O
Q
E
0
U
c
E
t
v
r
r
Q
5 Comprehensive Plan Amendment
to the Capital Facilities Element for
2024-2029 Capital Improvements
Packet Pg. 239
8.Q.b
•224=2029
t
r
MO
41
C
(1)
E
a2
w
m
r
capital
M
LL
�a
.Q
Impro vement
u
C
Plan
E
a
N
N
V
C
R
C
L
0
M
L(�
ti
M
November 7, 2023
U
r
U
I
a
t
K
W
C
d
E
M
v
r
a
KENT
WASH INGTON
Packet Pg. 240
8.Q.b
t
r
0
c
a�
E
2
w
0
m
r
u
m
a_
�a
.Q
c�
m
r
a�
c
c
m
E
N
N
V
• DENT
L
Cl)
ti
M
d
• U
r
U
I
Q
t
K
• W
C
d
E
t
v
R
r
r
Q
2 Packet Pg. 241
8.Q.b
CAPITAL IMPROVEMENT PLAN
2024-2029 SUMMARY PROJECTS AND FUNDING
Capital project costs for the City's 2024-2029 capital planning period total $225.2 million and are funded with
City,utility and other resources, as illustrated in the following tables. Additional details follow.
t
City Resources $ 35,956 $ 16,783 $ 67,545 $ 120,284
Utility Resources 19,280 17,100 67,185 103,565
Other Resources 932 400 - 1,332
Total-in thousands $ 56,168 $ 34,283 $ 134,730 $ 225,181 y
W
Summary Costs
rn
m
r
i U
General Government $ 22,631 $ 3,704 $ 12,341 $ 38,676 ILL
Parks,Rec&Comm Services 6,041 5,237 22,485 33,763 c�a
Public Safety - 350 250 600
Transportation 8,216 7,892 32,469 48,577 - V
Utilities 19,280 17,100 67,185 103,565
t
r
Total-in thousands $ 56,168 $ 34,283 $ 134,730 $ 225,181 _
c
:a
c
m
E
Sources of Funds
Utility
Resources
46% 0 O
M
Other
ti
Resources zM
1% v
f2
V
• >,
City Resources
53% V
I
Q
t
P roi ects by Catecl ory W
Y
E
General t
4r Government v
R
Utilities 17% Q
46%
Parks, Rec &
Comm Services
15%
•
Public Safety
Transportation 0%
22%
Packet Pg. 242
8.Q.b
CAPITAL IMPROVEMENT PLAN
OPERATING IMPACT OF MAJOR CIP PROJECTS
The impact of a capital project on the operating budget is a key factor in considering the inclusion of a project
in the six-year plan. The operating costs of a project,and any savings resulting from the project,are captured
in the Operating Budget.
r
SOURCES OF FUNDS-in thousands 0
E
N
W
Sources of Funds N
m
City Resources $ 35,956 $ 16,783 $ 16,491 $ 16,862 $ 16,969 $ 17,223 $ 120,284 '
Utility Resources 19,280 17,100 16,965 16,585 17,135 16,500 103,565 U
Other Resources 932 400 - - - - 1,332 u_
Total Sources of Funds $ 56,168 $ 34,283 $ 33,456 $ 33,447 $ 34,104 $ 33,723 $ 225,181
.Q
ca
• V
d
t
r
2024 2025 2026 2027i
C
City Resources
CRF-Annual Allocation $ 7,125 $ 7,267 $ 7,413 $ 7,561 $ 7,712 $ 7,867 $ 44,945 E
CRF General 11,837 2,010 1,910 1,547 1,428 1,340 20,072 Q
N
LL
CRF REET2 2,701 1,846 2,046 2,598 2,553 2,711 14,455 v
Golf Admissions Tax 135 130 120 135 175 119 814 c�0
C
IT HLC/SLC Reserves 36 36
L
accesso ShoWare Funds 770 775 330 300 300 300 2,775 O
Criminal Justice Fund 2,000 2,000 Cl)
LO
Faciltities Lifecycle 2,059 767 634 628 647 666 5,401 ti
M
IT Operating Fund 502 502 552 607 668 734 3,565 d
_ Utility Funding 5,087 5,087 U
Streets-Solid Waste Utility Tax 3,704 3,486 3,486 3,486 3,486 3,486 21,134 r
Total City Resources 35,956 16,783 16,491 16,862 16,969 17,223 120,284 VI
Q
Utility Resources
t
Drainage Revenues 6,730 6,050 6,050 6,050 6,050 6,050 36,980 lL
• Sewer Revenues 3,550 3,550 3,550 3,550 3,550 3,550 21,300
Water Revenues 9,000 7,500 7,365 6,985 7,535 6,900 45,285 a)
d
Total Utility Resources 19,280 17,100 16,965 16,585 17,135 16,500 103,565
v
IL
cv
r
Other Resources Q
American Rescue Plan Act(ARPA) 340 340
Ok
LID Funded 192 192
14 King County Levy 400 400 800
Total Other Resources 932 400 1,332
Total Sources of Funds $ 56,168 $ 34,283 $ 33,456 $ 33,447 $ 34,104 $ 33,723 $ 225,181
4 Packet Pg. 243
8.Q.b
CAPITAL IMPROVEMENT PLAN
SUMMARY BY SOURCE 2024-2029
$in Thousands
60,000
t
r
50,000
0
40,000 E
E
2
W
30,000 N
m
r
20,000 M
u_
10,000 Q
ca
— V
d
- 4Pht
r
2024 2025 2026 2027 2028 2029
bd City Resources o Utility Resources N Other Resources
c
m
E
a
N
2024 SOURCES BY TYPE
L
O
Drainage Revenues Sewer Revenues
12% 6%
Streets Solid Golf Admissions Tax d
Water Revenues 0.24% I V
Waste Utility 16% i . >+
Tax...
� U
accesso ShoWare QI
Funds
Utility 1%
Funding t
K
o � I
9/o Other LU
4% ITOperating...
m
Faciltities • E
Lifecycle ti ARPA 1% v
4% Mr
LID Funded 03 Q
Criminal
Justice Fund CRF-Annual King County Levy 1% I
4% LA
Allocation
CRF 13%
REET 2
5% -
CRF General
21%
Packet Pg. 244
8.Q.b
CAPITAL IMPROVEMENT PLAN
PROJECTS-in thousands
Projects
General Government $ 22,631 $ 3,704 $ 3,176 $ 3,082 $ 3,043 $ 3,040 $ 38,676
t
Parks,Rec&Comm Services 6,041 5,237 5,084 5,710 5,764 5,927 33,763
Public Safety 350 250 600 G
Transportation 8,216 7,892 7,981 8,070 8,162 8,256 48,577
Utilities 19,280 17,100 16,965 16,585 17,135 16,500 103,565 E
Total Projects $ 56,168 $ 34,283 $ 33,456 $ 33,447 $ 34,104 $ 33,723 $ 225,181 W
m
r
v
M
i
u_
General Government Q-
ca
• accesso ShoWare Center $ 770 $ 775 $ 330 $ 300 $ 300 $ 300 $ 2,775 V
m
Facilities 18,245 767 634 515 415 346 20,922 r
Technology 3,616 2,162 2,212 2,267 2,328 2,394 14,979
Total General Government 22,631 3,704 3,176 3,082 3,043 3,040 38,676
c
m
Parks,Rec&Comm Services Q
Golf 135 130 120 135 175 119 814LL y
N
Parks and Recreation 5,906 5,107 4,964 5,575 5,589 5,808 32,949
•
Total Parks,Rec&Comm Svcs 6,041 5,237 5,084 5,710 5,764 5,927 33,763
Transportation `
O
Site Improvements 8,216 7,892 7,981 8,070 8,162 8,256 48,577
M
Total Transportation 8,216 7,892 7,981 8,070 8,162 8,256 48,577 ti
M
Public Safety
0_
Public Safety Projects 350 250 600 U
T11Lotal Public Safety - 350 250 - - - 600 r
U Utilities I
Water 9,000 7,500 7,365 6,985 7,535 6,900 45,285 Q
Sewer 3,550 3,550 3,550 3,550 3,550 3,550 21,300
t
Drainage 6,730 6,050 6,050 6,050 6,050 6,050 36,980 IL
IL Total Utilities 19,280 17,100 16,965 16,585 17,135 16,500 103,565
m
Total Projects $ 56,168 $ 34,283 $ 33,456 $ 33,447 $ 34,104 $ 33,723 $ 225,181
v
cv
r
Q
6 Packet Pg. 245
8.Q.b
CAPITAL IMPROVEMENT PLAN
SUMMARY BY CATEGORY 2024-2029
$in Thousands •'
60,000
t
r
50,000 p
a�
40,000 a�
W
N
d
30,000 �=
.v
u_
20,000
Y
.Q
V
10,000
2024 2025 2026 2027 2028 2029
a
U General Government o Parks,Rec&Comm Services 6d Transportation ■ Utilities y
m
c
c
:a
L
2024 BY CATEGORY FUNCTION ' °
M
ti
M
Water Sewer d
0
180 8/o V
>,
r
Ui
Drainage Q
14% +'
t
Public Safety W
Other 0.39%
0.68%
d
Transportation —� accesso • E
t
18% --- — ShoWare R
Center Zr
1.7% Q
Golf 0.29%
TechnologyLn
7%
•
Parks and Recreation
12% Facilities
21%
Packet Pg. 246
CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT-in thousands
2024 i
Sources of Funds
CRF General Capita I $ 11,837 $ 1,660 $ 1,660 $ 1,547 $ 1,428 $ 1,340 $ 19,472 _
American Rescue Plan Act(ARPA) 340 340
r
accesso ShoWare Funds 770 775 330 300 300 300 2,775 0
IT Operating Fund 502 502 552 607 668 734 3,565
a�
Criminal Justice Fund 2,000 2,000 aEi
Utility Funding 5,087 5,087 w
Facilities Fund Balance 1,478 175 24 1,677 0
Faciltities Lifecycle 581 592 610 628 647 666 3,724
HLC/SLC Reserves 36 36 u
Total Sources of Funds $ 22,631 $ 3,704 $ 3,176 $ 3,082 $ 3,043 $ 3,040 $ 38,676 LL
ca
Projects
• V
Facilities m
t
Access Control 10 10 10 10 40
a�
Closed Circuit TV(CCTV) 10 10 10 10 10 50 .9
Ln
City Buildings-Exterior Painting 50 50 50 50 50 250 c
Elevator Modernization 30 30 30 30 30 30 180 m
E
Emergency Repairs 600 120 125 25 25 125 1,020 Q
N
Facilities Reinvestment Fund 5,000 5,000 m• Fire Alarm Updagrades 50 20 20 20 20 130
Furniture,Fixtures,and Equipment 50 50 50 50 50 250
HVAC Replacements 650 300 100 1,050
Kent East Hill Operations Center Phase 2 10,286 10,286
Cl)
Kent Police Department Facility Upgrade 350 350 'O
ti
Kitchen Equipment 225 25 25 25 25 25 350
Parking Lots Repair 10 65 64 51 48 65 303 d
• Police Firing Range Upgrades 350 350 U
IL Public Building Major Maintenance 64 67 70 74 77 81 433
U
Roof Repairs 320 20 80 170 70 20 680 Q�
Security Camera Upgrades 200 - - - 200
Total Facilities 18,245 767 634 515 415 346 20,922 t
K
• LLI
cc
accesso ShoWare Center
c
Audio System Replacement 530 530
E
Basket Ball Court Refurbish 50 50 t
U
Chairs and Tables 35 35 35 35 35 175 2
Concession Stand Rebranding 125 125 Q
Floor Covering in Skate Areas 75 75
_ Half House Curtain and Vom Drapes 120 30 150
Hot Water Tank/Boilers(4) 200 200 400
Loading Dock Gate/Fence 75 75
Mural Replacement 15 15 15 45
Plaza Lighting 20 20
Plaza Sound System 40 40
8 Packet Pg. 247
8.Q.b
CAPITAL IMPROVEMENT PLAN
GENERAL GOVERNMENT CONTINUED—in thousands
•
Popcorn Popper 15 15
Replace Hockey Rink Plexiglass 50 50 100
Restripping Parking Lot 20 20 t
r
Roof Repair 100 100 0
Stadium Seating Replacement 50 50 50 50 200
Suite and Club Rebranding 75 75
Zamboni Replacement 150 150 300 E
Unallocated 65 150 65 280 W
Total accesso ShoWare Center 770 775 330 300 300 300 2,775 m
r
v
Technology �i
HLC-Server Replacement 60 60 60 60 60 60 360
HLC-Telephony 60 60 60 60 60 60 360 Q
HLC-Wireless Infrastructure Refresh 30 30 30 30 30 30 180 _ f°
V
HLC-Data Center 100 100 100 100 100 100 600 N y
HLC-Network Refresh 70 70 70 70 70 70 420 r
HLC-Security 153 130 130 130 130 130 803
HLC-Storage Expansion 30 30 30 30 30 30 180
HLC-UPS 30 30 30 30 30 30 180
HLC-Virtualization Infrastructure Refresh 100 100 100 100 100 100 600 Q
SLC-AdministrationSystemReplacementReserves 134 170 170 170 170 170 984
SLC-IT System Replacement Reserves 150 150 150 150 150 150 900
c
SLC-Law System Replacement Reserves 50 50 50 50 50 50 300
c
SLC-Police System Replacement Reserves 130 130 130 130 130 130 780 =a
SLC-Human Resources System Replacement Reserves 70 70 70 70 70 70 420 ' O
SLC-Finance System Replacement Reserves 100 100 100 100 100 100 600
SLC-PRCS System Replacement Reserves 100 100 100 100 100 100 600 ti
SLC-Public Works System Replacement Reserves 150 150 150 150 150 150 900
SLC-Court System Replacement Reserves 50 50 50 50 50 50 300 d
SLC-Economic Dev System Replacement Reserves 80 80 80 80 80 80 480 M V
>+
MDC Refresh 166 100 110 121 133 146 776
Computer Refresh 292 402 442 486 535 588 2,745 QI
B&0 and Business License Enhancements 187 187
eConnect Replacement 36 36
Internet Infrastructure Assessmentand Upgrade 275 275 K
Intranet Redesign 225 225 W
JDE Replacement 250 250
Laserfiche Integrations 77 77 • E
Laserfiche Stabilization 45 45 U
Tiburon Replacement-1MS 38 38
r
Tiburon Replacement-RMS 38 38 Q
Web Application Firewall 90 90
ZTA Program-Privileged Access Management Solution 250 - 250
Total Technology Projects 3,616 2,162 2,212 2,267 2,328 2,394 14,979
Total General Government Projects 22,631 3,704 3,176 3,082 3,043 3,040 38,676
Packet Pg. 248
8.Q.b
CAPITAL IMPROVEMENT PLAN
PARKS, RECREATION &COMMUNITY SERVICES—in thousands
Sources of Funds
CRFREET2 $ 2,000 $ 1,846 $ 2,000 $ 2,500 $ 2,500 $ 2,711 $ 13,557 _
CRF-Annual Allocation 2,805 2,861 2,918 2,977 3,036 3,097 17,694 =r
CRF REET2 Fund Balance 701 46 98 53 898 0
Golf Admissions Tax 103 106 109 112 115 119 664 c
a�
Golf Fund Balance 32 24 11 23 60 150 E
King County Levy 400 400 800 2
w
Total Sources of Funds 6,041 5,237 5,084 5,710 5,764 5,927 33,763 to
m
r
Projects =
Golf Projects �i
Bunker Sand 10 10 20
Cart Path Repairs and Repaving 25 25 25 75 Q
•
Driving Range Net Replacement 50 50 50 150 �j
Golf Cart Storage Doors 40 40 a)
Irrigation Central Controller 40 40
Irrigation Satellite Controllers 25 25 25 75
Maintenance Equipment Replacement 175 175
Parking Lot Landscaping 35 35
E
Sprinkler Heads 20 20 20 20 80 Q
Miscellaneous Golf Projects 5 119 124
LL
• Total Golf Projects 135 130 120 135 175 119 814
c
L
O
Cl)
L(�
ti
M
d
IL
r
U
LU
Q
t
K
• w
CL
C
d
E
t
v
PA
r
Q
10 Packet Pg. 249
8.Q.b
CAPITAL IMPROVEMENT PLAN
PARKS, RECREATION &COMMUNITY SERVICES-in thousands
Parks and Recreation Projects
Campus Park Improvements 368 368
Canterbury Park improvements 250 500 750
Clark Lake Park Phase 1 Development 1,000 750 750 1,000 3,500 G
Commons Neighborhood Park Improvements 100 100
Downtown Parks Improvements 250 200 200 186 250 1,086 E
East Hill North Community Park Development 500 500 W
East Hill North Neighborhood Park Development 250 500 500 1,250
Eastridge Park Renovation 150 200 350 �=
Garrison Park Improvements 1,000 1,000
Glenn Nelson Park Renovation 150 500 650 LL
Hogan Park at Russell Road Phase 2 Renovation 350 350
Kiwanis Tot Lot#4 Renovation 30 30 W M
KLVT-Old Fishing Hole Improvements 297 297 _ a)
KVLT-Boeing Rock Improvements 177 250 500 927 r
KVLT-Meeker Parking Lot 355 355
KVLT-Phase 2 Improvements 250 250
c
Lake Fenwick Park Phase 2Improvements 350 250 250 850
Mill Creek Canyon Trail Renovation 250 250 500 Q
Mill Creek Canyon/Earthworks Park Improvements 500 750 750 750 1,000 1,000 4,750 _ y
North Meridian Park Redevelopment 200 350 750 500 1,800
Park Land Acquisition Account 250 250 250 250 250 250 1,500
Park Operations Lifecycle 500 500 500 500 500 500 3,000
Park Orchard Park Improvements 361 361 0 ..
Park Planning and Design(Masterplan/Architect) 50 50 50 150 rn
Park Planning and Development Operating 921 996 1,046 1,098 1,153 1,211 6,425 M
Parks and Open Space Plan 250 250 500
d
Scenic Hill Park Renovation 150 500 650 V
Springwood Park 500 500 0 r
Sun Meadows Park Improvements - 200 - 200 V
I
Total Parks and Recreation Projects 5,906 5,107 4,964 5,575 5,589 5,808 32,949 Q
Total Projects 6,041 5,237 5,084 5,710 5,764 5,927 33,763
K
W
C
d
• E
t
v
R
r
r
Q
Packet Pg. 250
8.Q.b
CAPITAL IMPROVEMENT PLAN
TRANSPORTATION-in thousands
2024 2025 2026Total
•
Sources of Funds
CRF-AnnualAllocation $ 4,320 $ 4,406 $ 4,495 $ 4,584 $ 4,676 $ 4,770 $ 27,251
t
_ LID Funded Projects 192 192
Solid Waste Utility Tax 3,704 3,486 3,486 3,486 3,486 3,486 21,134 G
Total Sources of Funds $ 8,216 $ 7,892 $ 7,981 $ 8,070 $ 8,162 $ 8,256 $ 48,577 w
E
Projects 2
w
B&O In-house Overlays 250 250 250 250 250 250 1,500 N
B&O Street Contracted 750 1,891 3,425 3,214 3,806 3,900 16,986
r
B&O Unallocated 200 200 200 500 500 500 2,100
LID 362-84th Avenue Rehabilitation 168 168 Ui
LID 363-224th-228th(EVH-88th) 24 24
Residential Street Contracted 3,704 3,486 3,486 3,486 3,486 3,486 21,134 Q-
ca
• EVH(212th-196th) 1,445 1,445 U
Meet Me on Meeker 64th Avenue 1,000 1,000 r
Mill Creek at 76th Avenue Flood Prevention 1,500 1,500 c
Ln SR509-Stage 1b-SR516 Interchange Auxiliary Lane 250 250 250 250 1,000
SR 509-Stage 2-Southbound Auxiliary Lane 250 250 250 250 1,000
City Safety Transportation Program 120 120 120 120 120 120 720 E
a
Total Projects $ 8,216 $ 7,892 $ 7,981 $ 8,070 $ 8,162 $ 8,256 $ 48,577
LL
v
•
c
L
O
Cl)
L(�
r`
M
d
U
r
U
LU
Q
t
K
• w
C
d
E
t
v
R
r
Q
12 Packet Pg. 251
8.Q.b
CAPITAL IMPROVEMENT PLAN
UTILITIES-in thousands
2024 2025 2026 2027Total
Sources of Funds
Water Revenues $ 9,000 $ 7,500 $ 7,365 $ 6,985 $ 7,535 $ 6,900 $ 45,285
Sewer Revenues 3,550 3,550 3,550 3,550 3,550 3,550 21,300
Drainage Revenues 6,730 6,050 6,050 6,050 6,050 6,050 36,980
Total Sources of Funds $ 19,280 $ 17,100 $ 16,965 $ 16,585 $ 17,135 $ 16,500 $103,565 y
E
2
Projects W
Water Supply&Distribution uJ
m
2024 Watermain 400 400
212th Treatment Plant Improvements 400 400 U
228th-Central to 88th Waterline 600 400 1,000 LL
590 Zone Transmission(EH 640 PZ) 980 980 f°
640 Pressure Zone 2,000 2,500 4,500 Q'
c�
640 Transmission Main Improvements(EH 640 PZ) 1,115 1,115 2,230 - V
m
640 Zone BPS#2 (EH 640 PZ) 1,300 400 1,700 r
Caustic Tank Replacement EH Well&PS 5 250 250 -
Clark&Kent Springs Chlorination Improvements 350 350
Garrison/0'BrienTreatment Plant 1,300 1,300 d
Generator Improvement Program 1,000 1,000 E
Miscellaneous Water 800 500 500 500 500 1,050 3,850 _ y
m
PLC Upgrades 35 35 35 35 35 35 210
Reservoir Maintenance and Improvements 500 500 500 500 500 750 3,250 3r°
c
Rock Creek Mitigation Projects 500 500 =a
Security Improvements per VA 50 50 50 50 50 50 300 ' O
SR516/Covington Way 500 1,000 1,500 rnM
Tacoma Intertie-Ongoing Capital 50 50 50 50 500 2,500 3,200 rnti
M
Transmission Easements 50 50 50 50 50 50 300
UPRR Hanger Replacement 50 600 650 d
Wapato Creek 509 AlexanderAvenue 50 200 100 350 V
Water Meter Replacement Program 2,600 1,600 4,200 5• V
Water System Plan Update 400 400 800 _ Qi
Watermain Replacements/Repairs 1,535 450 2,465 500 500 1,065 6,515
Well Rehabilitation 200 400 400 300 400 400 2,100
t
West Hill Booster Pump Station 1,400 400 1,800 K
W
West Hill Transmission Main 1,650 - 1,650
c
Total Water Supply&Distribution 9,000 7,500 7,365 6,985 7,535 6,900 45,285 m
• E
TI t
Sewer R
r
Horseshoe Acres Pump Station 1,000 2,500 1,000 1,000 5,500 Q
Linda Heights Pump Station 1,785 1,000 2,785
Miscellaneous Pump Station Rehab 75 75 250 500 500 500 1,900
Miscellaneous Sewer 500 500 500 1,000 1,000 1,000 4,500
Sewer Main Replacements/Relining 140 425 750 1,000 2,000 2,000 6,315
Tree Root Removal 50 50 50 50 50 50 300
Total Sewer 3,550 3,550 3,550 3,550 3,550 3,550 21,300
Packet Pg. 252
8.Q.b
CAPITAL IMPROVEMENT PLAN
UTILITIES CONTINUED-in thousands
Stormwater Management r
267th Culvert $ - $ - $ - $ 1,000 $ - $ - $ 1,000 p
81st Ave Pump Station 600 250 1,900 250 3,000 c
a�
Drainage Property Maintenance 200 200 200 200 200 200 1,200 E
GRNRA Pump Station North 3,000 5,000 8,000 2
w
GRNRA Security&Maintenance 50 500 500 500 500 2,050 0
Kent Airport Levee 500 100 600 r
Lake Meridian Estate Outfall 1,000 1,000 .5
Mill Creek Culvert Maintenance 250 250 250 250 250 250 1,500 Li
Mill Creek Rehabilitation 4,280 2,350 2,050 2,350 11,030
Misc Environmental Projects 50 50 50 50 50 250
• Miscellaneous Drainage 300 600 900 V
am
North Fork Meridian Valley Culvert 500 500 1,000
r
Pipe Replacements/RoadwayImprovements 1,000 950 500 950 2,050 - 5,450
Ln
Total Stormwater Management 6,730 6,050 6,050 6,050 6,050 6,050 36,980
m
E
Total Utilities Projects $ 19,280 $ 17,100 $ 16,965 $ 16,585 $ 17,135 $ 16,500 $103,565 Q
LU
N
LL
N
V
•
R
C
L
0
Cl)
L(�
ti
M
d
U
r
U
LU
Q
t
K
• W
CL
cc
d
E
t
v
PA
r
Q
14 Packet Pg. 253
8.Q.b
CAPITAL IMPROVEMENT PLAN
PUBLIC SAFETY
2027 2028Total
Sources of Funds
Capital Resource Fund $ - $ 350 $ 250 $ - $ - $ $ 600
r
Total Sources of Funds 350 250 600
0
Projects
a�
Command Post Vehicle 300 300 E
Jail Expansion 50 250 300 W
Total Public Safety Projects $ $ 350 $ 250 $ $ $ $ 600
r
v
M
LL
.Q
ca
V
m
t
r
:a
c
CD
E
a
N
N
V
C
R
C
L
0
M
ti
M
d
V
•
a+
Ui
Q
..
t
K
W
Y
• E
V
Ln
Packet Pg. 254
8.Q.c
PUGET SOUND Professionally and
• REGIONAL FIRE AUTHORITY compassionately helping people.
INTERNATIONALLY ACC DITED FIRE AGENCY
Capital Improvement Plan
Mitigation & Level of Service Policy
(Six year update to the 2014-2033 Capital S Equipment Plan) 4-
0
c
a�
E
m
w
r
.v
- LL
r
R
- U
rt
L
O
M
LO
M
Q
LL
+r
LV
Packet Pg. 255
8.Q.c
Table of Contents
Background and Demographics............................................................................................................3
Contractsfor Service..............................................................................................................................4
King County Fire District 43 (City of Maple Valley) Service Area............................................4
City of SeaTac Service Area......................................................................................................4
PSFPerformance Metrics.......................................................................................................................5
0
Measured Components of Emergency Response.................................................................................8
m
E
Six Year Growth Projection..................................................................................................................11 m
w
PSFLevel of Service.............................................................................................................................13
r
Distribution &Resource Allocation .....................................................................................................16 U
0
u_
SixYear Capacity Estimate...................................................................................................................17
r
Six Year Financing Component ...........................................................................................................18 c°o
U
Capital Purchases&Expected Service Improvements 19
ExpectedSystem Impacts....................................................................................................................19 c
Current Capital Resources Inventory ..................................................................................................20
Effects of New Development on Performance ...................................................................................21 a
N
d
MitigationMethodology......................................................................................................................21 c
R
c
FeeProcess ..........................................................................................................................................22
L
0
PSFFunding Share...............................................................................................................................25
M
LO
Definitions 25 1-1
M
Acronyms .............................................................................................................................................26 Q
u_
W
References............................................................................................................................................27 N
a
AppendixA- Fee Formula...................................................................................................................28 m
r
Appendix B-Single Family Worksheet Guide....................................................................................29
x
w
Appendix C- Multi-Family Worksheet Guide.....................................................................................30
c
a�
Appendix D -Commercial Worksheet Guide.....................................................................................31 E
z
Appendix E- PSF Service Area Map....................................................................................................32
Appendix F- Planned Capital Purchases............................................................................................33
Q
Appendix G - PSF Current Facilities Inventory....................................................................................36
Appendix H - PSF Current Apparatus Inventory.................................................................................38
Puget Sound Fire
Capital Improvement Plan: Mitigation &Level of Service Policy
Packet Pg. 256
8.Q.c
Introduction
This Capital Improvement Plan (CIP) is an annual rolling six-year update of the Puget Sound Regional Fire
Authority(PSF) 2014—2033 Capital Facilities and Equipment Plan (Master Plan). The Mitigation and Level of
Service Policy is also integrated into this document. This plan addresses six core elements;and complies with
the requirements of the Growth Management Act (GMA), RCW, and local ordinances.The goal of this Plan is to
set a Level of Service, identify the next six years of community growth, determine the need for additional
capital resources, and prepare a six-year funding plan.This plan also provides guidance for the determination o
of impacts from growth and development;and establishes appropriate fees.
E
m
The Cities of Covington, Kent, and Tukwila find that the GMA requires that new growth and development w
should pay a proportionate share of the cost of new facilities needed to serve the new growth and m
r
development. All three cities assess fire impact fees to promote orderly growth and development.The
financing for system improvements to serve new development must provide for a balance between impact Ui
fees and other sources of public funds; and cannot rely solely on impact fees.
a
This Plan identifies: W
• PSF Demographics
c
m
• PSF adopted Level of Service over the next six years E
a
N
• Six-Year Growth Projections
c
R
c
• Six-Year Funding Plan to meet projected capital needs
L
O
• Expected System Impacts from future capital improvementsLO
M
• Current Inventory of existing capital resources Q
u_
a
Background and Demographics m�
PSF is an independent special purpose district formed under chapter 52.26 RCW providing fire and emergency w
services to nearly 118 square miles of urban and rural area.The City of Kent and King County Fire Protection
a�
District No. 37, which includes the city of Covington,joined to form the original Regional Fire Authority in E
z
2010.The City of SeaTac entered a contractual consolidation with PSF in 2014, Maple Valley Fire entered a U
contractual consolidation with PSF in 2018.The City of Tukwila entered in a contractual consolidation with PSF Q
in 2023, and then annexed into PSF on January 1, 2024.The PSF service area includes the cities of Covington,
Kent, Maple Valley, SeaTac, and Tukwila, as well as unincorporated areas of King County within Fire Districts
37 and 43. Services are delivered 24-hours per day, 365 days per year by career firefighters and support staff.
Services delivered by PSF include fire suppression,fire prevention, code enforcement, fire investigation;
0Puget Sound Fire
4AZA Capital Improvement Plan: Mitigation &Level of Service Policy
Packet Pg. 257
8.Q.c
emergency and non-emergent medical services (medical), hazardous materials response, specialized rescue,
emergency management, community risk reduction, and community relations.
Generally, PSF's service area borders Renton and Seattle to the north,the Cascade foothills to the east, Auburn
to the south and Burien, Des Moines, and Federal Way to the west. PSF serves an estimated population of
264,169.
This update utilizes the service standards adopted by PSF in its Community Risk Assessment/Standard of Cover
(CRA/SOC) document which is incorporated herein by reference.The CRA/SOC is required by the Center for 0
Public Safety Excellence (CPSE) as part of the Accreditation process.These standards are used to identify gaps
in service and guide capital resource planning to address identified gaps.The goal is to sustain and/or improve m
current services while addressing the service impacts of new development and community growth.The N
resources identified in this six-year plan work toward implementing the deployment strategies identified in the 2
Master Plan, and CRA/SOC. U
M
a
See Appendix E for a Map of PSF Service Area.
a
U
a�
Contracts for Service
King County Fire District 43 (City of Maple Valley) Service Area
E
Starting on October 1, 2018, PSF provides fire-based services to King County Fire District#43 (FD43)through a
N
a contract for service.The FD43 area covers approximately 50.86 square miles. It includes the City of Maple
Valley, the Hobart area, the Ravensdale area, and a large unincorporated area of