AG 24-014 - WASHINGTON STATE HISTORICAL SOCIETYRETURN TO: AUTUMN GRESSETT EXT: 6914
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: PARKS
2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY:9/4/2023
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
IN OTHER GRANT CONTRACT
5. PROJECT NAME: HERITAGE CAPITAL PROJECTS GRANT
6. NAME OF CONTRACTOR: WASHINGTON STATE HISTORICAL SOCIETY
ADDRESS: 1911 PACIFIC AVENUE,TACOMA, WA98402 TELEPHONE 253-244-1683
E-MAIL: ay.baersten@wshs.wa.gov FAX:
SIGNATURE NAME: Jay BaerateR, T[TLl
7. EXHIBITS AND ATTACHMENTS: ® SCOPE, WORK OR SERVICES N COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: June 30, 2025
9. TOTAL COMPENSATION $ 50,440 (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES .10 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES IDNO IF YES, $ . PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
1OPURCHASING: PLEASE CHARGE TO: ✓� ` -7100 — 129 — 5gL4 --7 (.o — IOS0
(DOCUMENT/CONTRACT
10. REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
I PROJECT MANAGER ag6/29
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
N LAW JE 8/31/23
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: 9/12/2023 COUNCIL APPROVAL DATE: 9/19/2023
12. CONTRACT SIGNATURE ROUTING
4 SENT TO VENDOR/CONTRACTOR DATE SENT: 10/12/2023 DATE REC'D: 1/5/2024
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL / DATE SIGNED
❑ LAW DEPARTMENT
VISIGNATORY (MAYOR OR DIRECTOR) (O 112-1 Zv
❑ CITY CLERK
❑ ASSIGNED AG# AG# +6
COMMENTS:
21-017
DocuSign Envelope ID: 88C8D787-D9A4-4F09-92E8-1AAAEC7DEBCE
WASH IN GTON STATE
HISTORICAL
SOCIETY
i5ne
State of Washington
Washington State Historical Society
Contract #t: 25-23
Grantee: City of Federal Way
1. PARTIES TO THE CONTRACT
This state funded Contract for Heritage Capital Projects (Contract) is entered between City of
Federal Way, 33325 Sth Ave 5, Federal Way, Washington, 98003 (Grantee) and the Washington
State Historical Society, 1911 Pacific Avenue, Tacoma, Washington 98402 (Agency), and shall be
binding upon all agents and all persons acting by or through the parties. .
2. PURPOSE OF CONTRACT
This Contract, including ATTACHMENTS A through H (collectively referred to hereafter as
"Contract"), sets out the terms and conditions by which a grant is made for a Heritage Capital
project during the 2023-2025 biennium from funds appropriated by the Washington State
Legislature in Engrossed Substitute Senate Bill 5200 which was incorporated into the Capital
Budget signed into law by the governor on May 16, 2023. RCW 27.34.330 provides statutory
authorization.for the funding program. The program is administered by the Agency.
3. DESCRIPTION OF HERITAGE CAPITAL PROJECT
Funds awarded under this Contract shall be used by the Grantee solely for the "Brooklake
Community Center Evaluation and Design," located at 726 South 356th Street, Federal Way,
Washington, 98003, as described in ATTACHMENT B (PROJECT SCOPE OF WORK), and for the
express purposes of the grant as described in ATTACHMENT C (PURPOSE OF PROJECT).
4. CONSIDERATION
The parties agree that, in exchange for the grant money awarded pursuant to this Contract, the
State of Washington and the Agency shall receive in consideration the preservation and
interpretation of historical sites and artifacts that have the potential to provide lifelong learning
opportunities for the citizens of the state, as described in this Contract, including
ATTACHMENT B (PROJECT SCOPE OF WORK) and ATTACHMENT C (PURPOSE OF PROJECT).
AMOUNT OF GRANT
The Washington State Legislature appropriated fifty-two thousand dollars ($52,000.00). Of this
appropriation, the total funds available to the Grantee for reimbursement of eligible costs shall
be fifty thousand four hundred forty dollars ($50,440.00). The Agency shall retain three percent
(3.0%) of the appropriation, which is one thousand five hundred sixty dollars ($1,560.00) as the
cost of administering the grant and this Contract.
6. COST SHARE
The total cost of the projects shall include only those costs that are eligible expenditures as
described in ATTACHMENT D (PROJECT BUDGET). Grantee agrees that the amount of state
funding shall not exceed thirty-three and thirty-three one hundredths percent (33.33%) of the
total cost of the project. The non -state portion of the total cost of the project shall be the
Grantee's cost share of the total cost of the project. The amount of the Grantee's cost share
shall be one hundred four thousand dollars ($104,000.00).
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WASHINGTOH STATE
HISTORICAL
SOCIETY a
S� Z
D
7. PERIOD OF PERFORMANCE
The period of performance under this Contract shall be from the date of the last signature of
the contracting parties to June 30, 2025. Without further appropriation from the legislature,
expenditures beyond this date shall not be reimbursed. The requirement set forth below in
Section 8 to maintain ownership or a lease on the subject property, and to use it for the express
purposes of the grant, shall remain in full force and effect for thirteen years following the date
of contract completion, as defined in ATTACHMENT A (GENERAL PROVISIONS).
CAPITAL IMPROVEMENTS TO BE HELD BY GRANTEE
a. Capital improvements funded by the Heritage Capital Projects grant are to be used for
the express purpose of this grant. No funds appropriated for a Heritage Capital Projects
grant shall be used for capital improvements not included in the legislative
appropriation and specifically designated in this Contract with the Agency.
b. As required by RCW 27.34.330, capital improvements funded by this grant shall be held
by the Grantee for at least thirteen (13) years from the date of contract completion; the
facilities shall be used for the express purpose of the grant as set forth in this Contract,
including ATTACHMENT B (PROJECT SCOPE OF WORK) and ATTACHMENT C (PURPOSE
OF PROJECT); and, if mobile, used primarily in Washington State. The Grantee agrees
that it will maintain ownership or lease of ALL property to be held, as described in
ATTACHMENT G (PROPERY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S)), for
thirteen (13) years beyond the date of contract completion. Failure to maintain
ownership or a lease on the subject property for thirteen years following the date of
contract completion shall constitute a breach of this Contract. Pursuant to the terms of
this Contract and RCW 27.34.330, if the Grantee is found to be in breach of this
Contract, 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 date of authorization of the grant.
c. The Agency maintains right of entry for thirteen (13) years from the date of contract
completion to ensure continued compliance with this Contract. The Grantee will be
monitored for continued property control and project outcomes as described in the
contract statement of purpose. Monitoring tools appropriate to the project purpose will
be determined during the project closeout process and declared in writing from the
Agency to the Grantee. Monitoring tools may include, but are not limited to, reporting
of annual metrics as declared in the project closeout letter, scheduled and unscheduled
site visits, or requests for images for publication. During the monitoring period, the
Grantee may request mitigation of monitoring tools to support enhancing the public
benefit provided by the Grantee.
9. REAPPROPRIATION
The parties hereto agree and understand that any state funds not expended and billed by end
of the biennium, June 30, 2025, will lapse on that date unless reappropriated by the
Washington State Legislature. If funds are so reappropriated, the Agency's obligation' under the
terms of this Contract shall be contingent upon terms of such reappropriation. Grantee may not
rely to its detriment upon use of funds not properly billed or not appropriated. The Grantee
shall be allowed only two requests for reappropriation of the funds awarded in this Contract.
Approval of such requests is not guaranteed.
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WASHINGTON STATE
HISTORICAL
SOCIETY n = FI
LPL .f wf/,�
10. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract are subject to this Contract, which
include the following attachments, and which are made a part of this Contract:
ATTACHMENT A (GENERAL PROVISIONS)
ATTACHMENT B (PROJECT SCOPE OF WORK)
ATTACHMENT C (PURPOSE OF PROJECT)
ATTACHMENT D (PROJECT BUDGET)
ATTACHMENT E (SOURCE OF AVAILABLE FUNDS)
ATTACHMENT F (CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS)
ATTACHMENT G (PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTIONS)
ATTACHMENT H (LEASES, CONTRACTS, AND AGREEMENTS)
11. ENTIRE CONTRACT
This Contract, including all attachments, constitutes the entire agreement between Agency and
Grantee and supersedes all previous written or oral agreements or understandings between the
Agency and Grantee related to this Contract. This Contract may be amended as set forth in the
Contract Modifications in ATTACHMENT A (GENERAL PROVISIONS).
12. CONTRACT REPRESENTATIVES
The Grantee's representative shall be the contact person for all communications and billings
regarding the performance of this Contract. The Grantee's representative shall be:
Autumn Gressett, Contract Administrator
City of Federal Way
33325 8th Ave S, Federal Way, Washington, 98003
253-263-5778
autumn.gressett@cityoffederalway.com
The Agency's representative shall be the contact person for all communications and billings
regarding the performance of this Contract. The Agency's representative shall be:
Jennifer (Jay) Baersten, Director of Heritage Outreach
Washington State Historical Society
1911 Pacific Avenue, Tacoma, Washington 98402
253-244-1683
jay.baersten@wshs.wa.gov
13. SIGNATURES
DocuSlgned hyj
E 1`'l V
F8Ei9C23C8967�48.
Jennifer Kilmer, Executive Director
Washington State Historical Society
10/12/2023
Date
J' Fe ell, Mayor
City of Federal Way
Federal Tax ID#: 91-1462550
dq
Date
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DocuSign Envelope ID: 88C8D787-D9A4-4F09-92EB-lAAAEC7DEBCE
WASHINGTON STATE
HISTORICAL �t�F. rnre
SOCIETY
,.r
CONTRACT #: 25-23
ATTACHMENT A
GENERAL PROVISIONS
CONTENTS
A. HEADINGS AND DEFINITIONS
1. Headings
5
5
2. Definitions
5
B.
GENERAL CONTRACT TERMS
6
1. Order of Precedence
6
2, Contract Modifications
6
3, No Waiver
6
C.
PERFORMANCE AND GENERAL RESPONSIBILITIES
7
1. Non assignability
7
2. Independent Capacity of Grantee
7
3. Ownership of Project/ Capital Improvements
7
4. Hold Harmless
7
5. Acknowledgement
7
6. Ethics Compliance
7
7. Public Disclosure/ Confidentiality
8
D.
COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS
8
1. Compliance with Applicable Law
8
2. Records, Reports, and Audits
8
3. Right of Entry
9
4. Evaluation and Monitoring
9
5. Hazardous Substances
9
6. Governor's Executive Order 21-02
9
7. Prevailing Wage Law
9
8. Industrial Insurance Coverage
9
9. Nondiscrimination Provision
10
E.
FUNDING REIMBURSEMENT AND BUDGET
10
1. Reimbursement
10
2. Recapture of Funds
10
3. Reduction in Funds
11
F.
TERMINATION AND DISPUTES
11
1. Dispute Resolution
11
2. Termination or Suspension for Cause
it
3. Termination for Convenience
12
4. Termination. for Fraud or Misrepresentation
12
5. Termination Procedures
12
6. Governing Law and Venue
13
7. Severability _
13
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WASHINGTON STATE
HISTORICAL �'B.
SOCIETY �r..
x
A. HEADINGS AND DEFINITIONS
1. Headings
Headings used in this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
2. Definitions
A enc - the Washington State Historical Society.
Authorized Representative- an elected or appointed officer of the corporation or agency, or
alternate designated in writing by the Grantee's governing authority, who acts officially on the
Grantee's behalf.
Authorized Signatory- an executive officer of the corporation or agency's governing authority
designated to sign contracts on behalf of the Grantee.
Cash match- money from the grantee organization or from other sources, which can include
grants from foundations, nonstate governmental agencies, individuals, corporations, and others.
Cost share- those costs, including cash and in -kind, that the grantee will incur from its own
resources or from other cooperating organizations to complete the project described in the
Contract.
Date of grant authorization- the date the Washington State Legislature initially appropriated
funds for the project.
Date of contract authorization- the last date of an authorized signature on the Contract Form.
Date of contract completion- the date of the project closeout letter from the Agency which
initiates the thirteen (13) year monitoring period.
Grantee- the applicant that has been awarded a grant of funds and is bound by this executed
Contract, including any officers, employees, or agents lawfully representing the Grantee.
Heritage organization- a group whose purpose is to collect, preserve, or interpret history,
heritage, and culture.
Heritage capital project- project that involves the physical plant of a heritage organization, a
historic landscape, archaeological site, historic ship, locomotive, airplane, other transportation
conveyance, or acquisition of a property for protection and stabilization of heritage resources or
by a heritage organization for purposes of new construction.
In -kind contributions- contributions to a project that are not part of cash match. May include
materials and supplies, professional consultation, legal and accounting services specific to the
project, architectural design fees, and volunteer labor.
Local government agency- city or county agency, port district, or public development authority.
!Nonprofit organization- organization incorporated under the nonprofit laws of the state of
Washington and holding a 501(c)(3) tax determination from the IRS.
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V:FSHINGTON STATE
HISTORICAL s`Arrb,.
SOCIETY rr
Other entity- As authorized by RCW 27.34,330, an entity that meets all criteria for Heritage
capitol project funding and can be considered for a grant award at the discretion of the
Washington State Historical Society
Real property value- fair market value of real property when such property is acquired solely for
the purpose of a heritage capital project. Evidenced by a current fair market appraisal performed
by a qualified, professional real estate appraiser.
Total proiect costs- include, but are not limited to, the amount sought from the fund and what
the applicant will provide as cost share.
B. GENERAL CONTRACT TERMS
Order of Precedence
The items listed below are incorporated by reference herein. In the event of an
inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in
the following order.
1. Applicable federal and Washington State statutes and regulations
2. State executive orders
3. Terms and conditions of this Contract
4. ATTACHMENT A (GENERAL PROVISIONS)
5. Other attachments or material incorporated by reference.
2. Contract Modifications
a) This Contract may be modified by mutual agreement of the parties. Such
modifications shall not be binding unless in writing and signed by both parties prior
to implementation, of the modifications. Any oral understanding or agreement not
incorporated herein shall not be binding.
b) Budget modification by the Grantee of not more than ten (10) percent of any line
item or combination of line items from the Project Budget (ATTACHMENT D) is
excepted from subsection 2(a). Modifications that increase a line item must be
offset by reductions in other line items so there is no increase to the total amount
available to the Grantee in this grant.
c) The Grantee shall notify the Agency in writing prior to making any budget
modification or combination of budget modifications that would exceed ten (10)
percent of any line item. Budget modifications exceeding ten (10) percent of any
line item or combination of line items constitutes a Contract Modification and must
be approved by both parties in writing prior to implementation of the modification.
3. No Waiver
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by the authorized representatives of
the Agency and the Grantee.
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WASHINGTON STATE _
HISTORICAL
SOCIETY FT
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
1. Non assignability
Neither this Contract nor any claim arising under this Contract shall be transferred or
assigned by the Grantee without written permission from the Agency.
Independent Capacity of Grantee
The parties intend that an independent relationship will be created by this Contract. The
Grantee and its employees or agents performing under this Contract are not employees or
agents of the Agency. The Grantee and its employees or agents will not hold themselves out
as nor claim to be officers or employees of the Agency or of the State of Washington by
reason of this Contract and will not make any claim, demand, or application to or for any
right or privilege which would accrue to such employee under law. Conduct and control of
the work will solely be with the Grantee.
Ownership of Project/ Capital Improvements
The Agency makes no claim to any real property improved or constructed with funds
awarded under this Contract and does not assert and will not acquire any ownership
interest in or title to the capital facilities and/ or equipment constructed or purchased with
state funds under this Contract. This provision does not extend to claims that the Agency
may bring against the Grantee in recapturing funds expended in violation of this Contract.
4. Hold Harmless
To the extent permitted by law, the Grantee shall defend, protect, and hold harmless the
State of Washington and the Agency, its employees, agents, officers, and assigns from and
against all claims, suits, or actions arising from the Grantee's acts or omissions and those of
its employees, officers, and agents, including those which are libelous or slanderous, which
result in injury to persons or property, which violate a right of confidentiality, or which
constitute an infringement of any copyright, patent, trademark, or tradename through use
or reproduction of material of any kind. The Grantee shall be required to indemnify, defend,
and hold harmless the State only to the extent the claim is caused in whole or in part by
negligent acts or omissions of the Grantee.
The Grantee waives its immunity under Title 51 RCW (Industrial Insurance) to the extent
required to indemnify, defend, and hold harmless Agency, the state of Washington and
agencies, officials, agents, or employees of the state.
5. Acknowledgement
The Grantee shall announce in its publicity materials,"on a posted sign during the project,
and on a permanent marker that the State of Washington is a source and the Washington
State Historical Society the administrator of these funds unless such requirement is
modified or waived in writing by the Agency.
6. Ethics Compliance
The Agency may, by written notice to the Grantee, terminate this Contract if it is found
after due notice and examination by the Agency that there is a violation of the Code of
Ethics for Municipal Officers (Chapter 42.23 RCW) or any similar statute involving the
Grantee in the procurement of, or the performance under, this Contract.
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N'ASN:NGTON STATE
HISTORICAL sra�F��
SOCIETY a
x
7. Public Disclosure/ Confidentiality
a) The Grantee acknowledges that the Agency is subject to the Public Records Act
(Chapter 42.56 RCW), and that this Contract shall be a public record as defined. Any
specific information that is claimed by the Grantee to be confidential or proprietary
must be clearly identified as such by the Grantee. If a request is made to view the
Grantee's information marked as confidential, the Agency will notify the Grantee of
the request and the date that such records will be released to the requestor unless
the Grantee obtains a court order enjoining that disclosure. If the Grantee fails to
obtain the court order enjoining disclosure, the Agency will release the requested
information on the date specified.
b) The Grantee shall not use or disclose any information concerning the Agency, or
information which may be classified as confidential for any purpose not directly
connected with the administration of this Contract except (1) with prior written
consent of the Agency, or. (2) as may be required by law.
D. COMPLIANCE WITH LAWS, RECORDS, AND INSPECTIONS
1. Compliance with Applicable Law
a) The Grantee agrees to be aware of, and comply with, all applicable and current
federal, state, and local laws, regulations, and policies. The Grantee's confirmation
of this requirement is contained in ATTACHMENT F (CERTIFICATION OF
AGREEMENT TO FOLLOW ALL LAWS). Agency is not responsible for determining
compliance.
b) In the event of the Grantee's noncompliance or refusal to comply with any
applicable law or policy, the Contract may be suspended or terminated in whole or
in part, and the Grantee and the project may be declared ineligible for further grant
awards from the Agency.
c) The Grantee further agrees to indemnify and hold harmless the Agency from all
liability, damages, and costs of any nature including but not limited to costs of suits
and attorneys' fees assessed against the Agency, as a result of the failure of the
Grantee to so comply.
2. Records, Reports, and Audits
a) The Grantee shall maintain books, records, documents, and other evidence of
accounting procedures and practices that sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Contract.
These records shall be subject at all reasonable times to inspection, review, or audit
by personnel duly authorized by the Agency, the Office of the State Auditor, and
federal officials so authorized by law, rule, regulation, or Contract. The Grantee will
retain all books, records, documents, and other materials relevant to this Contract
for six years after full termination or expiration of this Contract, which includes the
thirteen (13) year monitoring period that begins on the date of the closeout letter
at contract completion, and make them available for inspection by persons
authorized under this provision. 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.
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WASNINOTON STATE
HISTORICAL
SOCIETY
b) The Grantee shall comply with all auditing requirements, including audit
requirements for the expenditure of more than $100,000 or more in total state
funds in a fiscal year, if applicable.
3. Right of Entry
The Grantee shall provide right of access of its facilities to the Agency or to any of its
officers, or to any other authorized agent or official of the state of Washington or the
federal government at all reasonable times, in order to monitor and evaluate performance,
compliance, and/ or quality assurance under this Contract.
4. Evaluation and Monitoring
a) The Grantee shall cooperate with and fully participate in any monitoring or
evaluation activities conducted by the Agency that are relevant to compliance with
this Contract, including providing initial and updated project plans for Agency
review and approval and facilitating record production and periodic site
inspections.
b) The Grantee shall provide the Agency with digital images and narratives that depict
the progress made on the project. Such images will be used by the Agency to
support reimbursement requests and to inform the public about the grant program
on the web and elsewhere. Images and narratives shall be provided with each
request for reimbursement.
5. Hazardous Substances
The Grantee will defend, protect, and hold harmless the Agency, 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 defense and attorney's fees), and any and all loss of any nature from
any and all claims or suits resulting from the presence of, or release or threatened release,
of hazardous substances as defined in RCW 70.105D.020, on the property covered by the
Contract.
Governor's Executive Order 21-02
The Grantee shall comply with Governor's Executive Order 21-02. In the event that
historical or cultural artifacts are discovered at the project site during construction, the
Grantee shall immediately stop construction and notify the local historical preservation
officer and the state historical preservation officer at the Washington State Department of
Archaeology and Historic Preservation.
7. Prevailing Wage Law
The project funded under this Contract may be subject to state Prevailing Wage law (RCW
39.12). The Grantee is advised to consult with the Industrial Statistician at the Washington
State Department of Labor and Industries to determine whether prevailing wage must be
paid. The Agency is not responsible for determining whether prevailing wage applies to this
project or for any prevailing wage payments that may be required by law.
8. Industrial Insurance Coverage
The Grantee shall comply with all applicable provisions of Title 51 RCW (Industrial
Insurance).
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WASHINGTON STATE
HISTORICAL ec+*Et rs.
SOC I ETY 9Q.
tl�
9. Nondiscrimination Provision
a) During the performance of this Contract, the Grantee shall abide by all applicable
federal and state nondiscrimination laws and regulations, including but not limited
to Washington's Law Against Discrimination (RCW 49.60) and the Americans with
Disabilities Act (42 U.S.C. 12101 et. seq.).
b) In the event of the Grantee's noncompliance or refusal to comply with any
nondiscrimination law, regulation, or policy, this Contract may be suspended or
terminated in whole or in part, and the Grantee may be declared ineligible for
further Contracts with the Agency. The Grantee shall, however, be given a
reasonable time in which to remedy in accordance with the "Dispute Resolution"
procedure set forth in Section 25 of this Contract Attachment.
E. FUNDING REIMBURSEMENT AND BUDGET
1. Reimbursement
a) Payment to the Grantee shall be made on a reimbursement basis only, for eligible
costs incurred, using forms provided by the Agency. Reimbursement shall be
allowed for (1) actual costs incurred and paid. No advance payments shall be made
to the Grantee. Purchases of goods will be reimbursed upon receipt, and services
will be reimbursed upon completion of work.
b) Each request for reimbursement shall include a state voucher form and digital
images and a narrative report describing the work completed and the status of the
project. The reimbursement request shall not include any costs already reimbursed
by or charged against any other grant or other source. The voucher must be
certified by an official of the Grantee with the authority bind the Grantee.
c) After receiving and approving the voucher and accompanying information, the
Agency shall promptly remit a warrant to the Grantee. The obligation of the Agency
to pay any amount(s) under this Contract is expressly conditioned upon compliance
with the terms of this Contract by the Grantee.
d) The expenditure of state funds shall not exceed the intended state share of the
total cost of the project at any time, and shall be consistent with the Legislative
appropriation.
e) The final request for reimbursement under this Contract shall be submitted by the
Grantee to the Agency within fifteen (15) days following the completion of the work
or other termination of the Contract and be accompanied by a final narrative report
and digital images of the completed project.
Recapture of Funds
In the event that the Grantee fails to expend state funds in accordance with state law and/
or the provisions of this Contract, the Agency reserves the right to recapture state funds in
an amount equivalent to the extent of noncompliance. Repayment by the Grantee of state
funds under this recapture provision shall occur within thirty (30) days of demand. In the
event that the Agency is required to institute proceedings to enforce this recapture
provision, the Agency shall be entitled to its cost thereof, including reasonable attorneys'
fees.
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x
Reduction in Funds
In the event state funds appropriated for the work contemplated under this Contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the Contract period, the Agency may suspend or terminate the Contract
under the Termination for Convenience clause without advance notice, subject to
renegotiation at the Agency's discretion, under those new funding limitations and
conditions.
F. TERMINATION AND DISPUTES
1. Dispute Resolution
a) The parties shall make every effort to resolve disputes arising out of or relating to
this Contract through negotiation.
b) Except as otherwise provided in this Contract, when a dispute arises between the
parties and it cannot be resolved by direct negotiation, either party may request a
dispute hearing according to the process set out in this Section. Either party's
request for dispute hearing must be in writing and clearly state:
1. The disputed issue(s);
2. The relative positions of the parties;
3. The Grantee's name, address, and project title.
c) 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 selected by the Grantee, one
person selected by the Agency, and a third person chosen by the two persons
initially appointed.
d) Any hearing under this Section shall be informal, with the specific processes to be
determined by the dispute panel according to the nature and complexity of the
issues involved. The process may be solely based upon written material if the
parties so agree. The dispute panel shall be governed by the provisions of this
Contract in deciding the dispute(s).
e) The parties shall be bound by the decision of the dispute panel, unless the remedy
directed by that panel is outside the legal authority of either or both parties to
perform as necessary, or is otherwise unlawful.
f) Request for a dispute 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 written notice of the action
or position of the other party that 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 receiving party of the request.
g) All costs associated with implementation of this process shall be shared equally by
the parties.
2. Termination or Suspension for Cause
a) In the event the Agency determines the Grantee has failed to comply with the
conditions of this Contract the Agency has the right to suspend or terminate the
Contract. Before suspending or terminating the Contract, the Agency shall notify
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WASHI NGTOH STATE
HISTORICAL
SOCIETY
V"V
b)
c)
the Grantee in writing of the need to take corrective action. If corrective action is
not completed within 30 days of receiving notice, the Contract may be terminated
orsuspended.
In the event of termination or suspension for cause, the Agency may require the
Grantee to repay all or any portion of the state funds paid to the Grantee prior to
termination.
The Agency may enforce this Contract by the remedy of specific performance,
which includes, but is not limited to, completion of the project as described in this
Contract. However, the remedy of specific performance shall not be the sole or
exclusive remedy available to the Agency. No remedy available to the Agency shall
be deemed exclusive. The Agency may elect to exercise any combination, or all of
the remedies available to it under this Contract, or under any provision of law,
common law, or equity.
3. Termination for Convenience
a) Notwithstanding any provisions of this Contract, either party may terminate this
Contract by providing the other party with written notice of such termination,
specifying the effective date thereof, at least thirty (30) days prior to such date.
b) In the event this Contract is terminated, the Grantee shall be reimbursed for eligible
expenses incurred prior to the effective date of such termination and not otherwise
paid for by the Agency, as the Agency reasonably determines.
4. Termination for Fraud or Misrepresentation
In the event the Grantee commits fraud or makes any misrepresentation in connection with
the grant application or during the performance of this Contract, the Agency reserves the
right to terminate or amend this Contract accordingly, including the right to recapture all
funds disbursed to the Grantee under the grant.
5. Termination Procedures
a) After receipt of a notice of termination, except as otherwise directed by the
Agency, the Grantee shall:
i. Stop work under the Contract on the date, and to the extent specified, in
the notice;
ii. Place no further orders or sub -grants for materials, services, or facilities
related to the Contract;
iii. Preserve and transfer any materials, Contract deliverables and/ or Agency
property in the Grantee's possession as directed by the Agency.
b) Upon termination of the Contract, the Agency may pay the Grantee for any service
provided by the Grantee under the Contract prior to the date of termination, unless
the Agency reasonably determines in its sole discretion that the amount due is
necessary to protect the Agency against potential loss or liability resulting from the
termination. The Agency shall pay any withheld amount due up to the date of
termination to the Grantee if the Agency later determines that a loss or liability will
not occur. Grantee shall not be paid for any work done after the termination date.
c) The rights and remedies of the Agency under this Section are in addition to any
other rights and remedies provided under this Contract or otherwise provided
under law.
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WASHINGTON STATE .-
HISTORICAL ,�•t;E
SOCIETY
6. Governing Law and Venue
This Contract shall be construed and enforced in accordance with, and the validity and
performance hereof shall be governed by, the laws of the state of Washington. Venue of
any suit between the parties arising out of this Contract shall be the Superior Court of
Thurston County, Washington. The Grantee, by execution of this Contract acknowledges the
jurisdiction of the courts of the State of Washington.
7. Severability
If any provision of this Contract or any provision of any document incorporated by
reference shall be held invalid, such invalidity shall not affect the other provisions of the
Contract which can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
Contract, and to this end the provisions of this Contract are declared to be severable.
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WASHINGTON STATE
HISTORICAL
SOCIETY
err
PROJECT SCOPE OF WORK
Element of warkl Description
Design and
Planning
CERTIFICATION
CONTRACT #: 2S-23
ATTACHMENT B
PROJECT SCOPE OF WORK
Architectural evaluation and design including an existing conditions assessment,
as built (existing conditions) drawings, a Historic Structure Report (HSR), design
drawings, and cost estimates
Structural engineering evaluation and design including a memorandum of
findings listing structural deficiencies/upgrades needed, design drawings, and
cost estimates
Building systems evaluation and design including a report of the existing
conditions of the mechanical, electrical and plumbing systems; schematic design
drawings; and cost estimates
Civil and geotechnical engineering evaluations and designs including a report of
soil capacity and filtration capacities; a memorandum of findings listing necessary
site improvements, design drawings, and cosvestimates
Archaeological evaluation including an Archaeological Site Inventory Form
Land use planning, evaluation, and design including a determination of critical
areas, the preparation of a site plan and map, preparation of a State
Environmental Policy Act (SEPA) Environmental Checklist, and a draft Master Plan
and Design Study document
The Grantee, by its signature, certifies that the Project Scope of Work set forth above has been
reviewed and approved by the Grantee's governing body or board of directors, as applicable, as of the
date written below. The Grantee shall make all plans and documents funded in whole or in part by this
contract available to the Agency upon reasonable request.
bxuftnod
by* I
I ,JlW1 �U'YLU.
E4F3CCC918F64fi5...
Jim Ferrell, Mayor
City of Federal Way
10/12/2023
Date
Page 24 of 20
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WASHINGTON STATE
HISTORICAL
SOCIETY
CONTRACT #: 25-23
ATTACHMENT C
PURPOSE OF PROJECT
PURPOSE OF PROJECT
This project will provide critical support for the design phase of the capital rehabilitation of the
Brooklake Community Hall, allowing the Grantee and reinvigorate the property, unearthing its history
and bringing it back into a central component of the City of Federal Way and community gatherings.
Grantee will provide public access to history through onsite historical interpretation and displays in
partnership with the Federal Way Historical Society that encourages visitors to learn about the history
of the Brooklake Community Center and the City of Federal Way.
Grantee will ensure project design and ongoing maintenance of the property will be in accordance with
the Secretary of the Interior's Standards for the Treatment of Historic Properties.
Preservation activities, historical interpretation activities, and public access to history will be provided in
alignment with field best practices for the purposes of the Heritage Capital Projects program as
identified in the program's authorizing language.
CERTIFICATION
The Grantee, by its signature, certifies that the express purpose of the grant as described in Purpose of
Project set forth above has been reviewed and approved by the Grantee's governing body or board of
directors, as applicable, as of the date written below.
1aauslOnsd by'.
li% 0
FuT
E3=918F8d
5-
10/12/2023
Jim Ferrell, Mayor Date
City of Federal Way
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WASHINGTON STATE
HISTORICAL
SOCIETY j g
l- x
CONTRACT #: 25-23
ATTACHMENT D
PROJECT BUDGET
Cost Category
Grantee Cost
Share Cash
Match
Grantee Cost
Share a Kind
$0.00
HCP Grant Funds
$0.00
Construction and Rehabilitation
$0.00
Design and Pre -Construction
$104,000.00
$0.00
$50,440.00
Property Acquisition
1 $0.00
1 $0.00
$0.00
Cost Share Subtotal
Reimbursable Amount Subtotal
$104,000.00
$ 0.00
.
$50,440.D0
HCP Admin
JIMMIJIMEMIMMIJE=
$1,560.00
Total Project Cost
$156,000.00
Percentages
66.7%1
0.0%1
33.3%
CERTIFICATION
The Grantee, by its signature, certifies that the Project Budget set forth above has been reviewed and
approved by the Grantee's governing body or board of directors, as applicable, as of the date written
below, and that the total Grantee cost share required for the project shall be received and expended by
June 30, 2025.
E
f]ocu,S/i�pnM by:
imi �,EnFacco91aF64F5 ..
Jim Ferrell, Mayor
City of Federal Way
10/12/2023
Date
Page 16 of 20
DocuSign Envelope ID: 88C8D787-D9A4-4F09-92E8-1AAAEC7DEBCE
%V ASH INC, TON STATE
HISTORICAL
SOCIETY
Voy
CONTRACT #: 25-23
ATTACHMENT E
SOURCE OF AVAILABLE FUNDS
source
I Type of Funds Year
Amount
City of Federal Way
I Other Earned Income 2022
J $104,000.00
Type of Funds
Amount
Available Cash Cost Share
$104,000.00
Available In -Kind Cost Share
$0.00
Subtotal of all Non -State Funding
$104,000
Grant Funds (Legislative Appropriation)
$52,000.00
Total Protect Funds Available
$156,000.00
CERTIFICATION
The Grantee certifies the Source of Available Funds have been reviewed and approved by the Grantee's
governing body or board of directors as of the date of last contract signature.
By so doing, the Grantee certifies that 100% of these funds are in hand by the execution date of this
Contract. All match funds are committed in writing from respective sources and are available, and will
remain committed and available solely and specifically for carrying out the project as described in this
Contract. Cash match and in -kind match funds are regarded as funds restricted for use solely for the
contract project purposes and are committed as such in the Grantee's accounting.
The Grantee shall maintain records sufficient to evidence that it has expended or has access to the
committed funds, and shall make such records available for the Agency's review upon request.
Oxu53gnO by:
E4F3CC091EF&4F5
Jim Ferrell, Mayor
City of Federal Way
10/12/2023
Date
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W45HINLTON 5TAT[
HISTORICAL
SOCIETY
CONTRACT #: 2S-23
ATTACHMENT F
CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS
CERTIFICATION
4
The Grantee, by its contract signature, certifies that it shall be aware of and comply with all applicable
and current federal, state, and local laws, regulations, policies, as now or hereinafter amended
including, but not limited to those related to:
• Governor's Executive Order 21-02 (regarding prior preservation review and ongoing
consultation by the state and concerned tribes for any capital projects or land acquisition
projects for the purpose of capital construction)
■ Prevailing Wage Law - RCW 39.12
• Hazardous Substances - RCW 70.105D
• Industrial Insurance - RCW 51
Washington Law Against Discrimination - RCW 49.60
• Americans with Disabilities Act - 42.U.S.C. 12101 et. esq.
• High Performance Public Buildings (LEED) - RCW 39.35D
• Greenhouse Gas Emissions - RCW 70.235
h cl c Slgnrd by:
hE� Fl "JI 10/12/2023
Jim Ferrell, Mayor Date
City of Federal Way
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WASHINC70N STATE
HISTORICAL
SOCIETY
CONTRACT #: 25-23
ATTACHMENT G
PROPERTY PARCEL NUMBER(S) AND LEGAL DESCRIPTION(S)
Name: Brooklake Community Center
Permanent Address: 726 South 356th Street, Federal Way, King, 98003
Year Built: 1920
Washington State Legislative District #: 30 -
GPS Coordinates: 47.28400532618503,-122.3252110781292
Parcel #: 2921049010
Legal Description: PCL B OF FEDERAL WAY BLA# 09-102109-00-SU REC# 20091120900003 SD BLA BEING
LOCATED IN SE 1/4 OF NE 1/4 OF NW 1/4 OF SEC 29-21-4
CERTIFICATION
The Grantee, by its signature, certifies that the information set forth above, including property parcel
number(s) and legal description(s), have been reviewed and approved by the Grantee's governing body
or board of directors, as applicable, as of the date of last contract signature.
FMM�
ny:
9F8dF5—
JiFerrell, Mayor
City of Federal Way
10/12/2023
Date
Page 19 of 20
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%MASH IN GTOH STA T,E
HISTORICAL
SOCIETY
CONTRACT #: 25-23
ATTACHMENT H
LEASES, CONTRACTS, AND AGREEMENTS
�
Document Title
Parties
Date of
Date of
Recorded In
Execution
Expiration
AG 14-116 LEASE
HANWOORI CHURCH,
June 1,
May 31,
City of Federal
AGREEMENT FOR
A WASHINGTON NOW
2015
2025
Way, King
HANWOORI CHURCH RENTAL
PROFIT & CITY OF
County
AT BROOKLAKE
FEDERAL WAY
CERTIFICATION
The Grantee, by its signature, certifies that the leases, contracts and agreements as described in the
grant application and defined above have been reviewed and approved by the Grantee's governing
body or board of directors, as applicable, as of the date written below.
The Grantee also certifies that it has read and understands its obligation to hold the property for 13
years from the date of contract completion and to use the property for the express purposes of the
grant as set forth in this Contract. The Grantee further certifies that it shall provide the Agency with
notice of any and all modifications or additions to all leases, contracts and agreements made during the
Contract Period of Performance or during the thirteen years following Grantee's completion of the
project.
�Do usWned by,
I �jiwM1 �t•YY�.�,
EaF3CCp918F8AF5...
Jim Ferrell, Mayor
City of Federal Way
10/12/2023
Date
Page 20 of 20