AG 18-156 II RETURN TO: Thomas Fichtner EXT: 2547
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Information Technology
2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ.BY: ASAP
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
II OTHER Grant Award
5. PROJECT NAME: Washington State Safe City Grant Award
6. NAME OF CONTRACTOR: State of Washington, Department of Commerce
ADDRESS: 1011 Plum Street SE,PO Box 42525,Olympia,WA 98504-2525 TELEPHONE (360)725-4000
E-MAIL: Katrina.perez@commerce.wa.gov FAX:
SIGNATURE NAME: Mark K.Barkley TITLE Assistant Director
7. EXHIBITS AND ATTACHMENTS:A SCOPE,WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 111 ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 1/19/2018 COMPLETION DATE: 6/30/2021
9. TOTAL COMPENSATION$ 242,500.00 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES A NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:A CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
p PURCHASING: PLEASE CHARGE TO: 502-1100-046-521-31-642
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
PROJECT MANAGER ¶� /r /r J I
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE:�11/27/18 COMMITTEE APPROVAL DATE: 11/27/18
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: I�/w/l X
12. CONTRACT SIGNATURE ROUTING ���V!!!! zZ 11110000 7 K/
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 13 DATE REC'D: ,2/9( i f
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICA E,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
❑ LW DEPARTMENT No Ct .lF. arSi�, block
SIGNATORY(MAYOR OR DIRECTOR) 11 "g
;CITY CLERK 11411tiltgi
ASSIGNED AG# AG ,$--k6Co
1-SIGNED COPY RETURNED DATE SENT: ID.g?,1g Jam",
COMMENTS: �'"
1/2018
5e
COUNCIL MEETING DATE: December 4,2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT:WASHINGTON STATE SAFE CITY GRANT AWARD
POLICY QUESTION: Should Council accept the grant from Washington State Department of Commerce for use
with the Safe City Camera Program?
COMMITTEE: FEDRAC MEETING DATE: 11/27/2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Thomas Fichtner, IT Manager DEPT: Information Technology
Attachments: Staff Report,Grant Agreement between Washington State and City of Federal Way
Options Considered:
Accept of the Washington State Department of Commerce grant award of$242,500.
2. Do not accept the Washington State Department of Commerce grant award and provide staff with further
direction.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the December 4,2018 Council
Consent Agenda for approval.
"Q57//,//8/
MAYOR APPROVAL: ///�v� DIRECTOR APPROVAL:
Col mittee Council Initial/Date r
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the acceptance of the Washington State Department of
Commerce grant award to the December 4, 2018 consent agenda for approval.
46
clit"
Committee hair Committee mIU- Comm ee Member
PROPOSED COUNCIL MOTION: "I move to accept the shington State Department of Commerce grant
award of$242,500."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
UNCIL ACTIO
APPROV 11.` �� COUNCIL BILL#
DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—12/2017 RESOLUTION#
1
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 19, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Thomas Fichtner, IT Manager
SUBJECT: Staff Report Washington State Safe City Grant Award
Financial Impacts:
The amount of the grant award from the Washington State Department of Commerce is $242,500.00 and will be
paid to the City of Federal Way on a reimbursable basis. This means that the City will purchase the equipment
and pay for the contract labor first, then invoice the State for reimbursement. The City is contributing a total
amount of $5,232.00 to this project from Safe City Maintenance funds from the 2018 City of Federal Way
Adopted Budget.
This is a one-time capital replacement of cameras and related equipment for the Safe City system, which will
have no ongoing funding requirements.
Background Information:
The Safe City program began in 2008 with a partnership between the City of Federal Way and the Target
Corporation. The initial program installed about 26 cameras in various locations around Federal Way's
downtown business areas. Safe City Federal Way was established as a non-profit 501(c)(3)and has members
from the City, Police, business and residential communities. Over the years, the Safe City system has grown to
almost 80 cameras. There has been an overarching amount of support and demand for installing cameras
around businesses, multi-family, and residential neighborhoods.
In 2017, the City of Federal Way applied for a grant from the State of Washington through the Department of
Commerce's Local and Community Projects Program. The grant was $250,000.00, and with the State's
contract management fee, leaves $242,500.00 awarded to the City of Federal Way.
The purpose of this project is to replace the aging Safe City camera infrastructure that has been in place since
2008. With these funds, the City will be able to replace the original 26 cameras as well as add an additional 40+
cameras to the system in both existing locations and two new locations at S. 288th St. & Military Rd. and SW
336th St. & 21st Ave SW. In addition to the cameras, the funds will also be able to pay for two new servers with
increased storage capacity to accommodate the new higher quality cameras.
arty
F,�visrr 4r: .
`44,:f1!
fa ES
1EEB..
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE •PO Box 42525. Olympia, Washington 98504-2525• (360) 725-4000
January 31, 2018
Mr. Thomas Fichtner
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
Dear Mr. Fichtner:
Congratulations! Governor Inslee recently signed the 2017-2019 State Capital Budget,which includes an
appropriation of$250,000.00 for the Federal Way Camera Replacement Project. The Department of
Commerce, which will administer the project, will retain threepercent(upto a maximum of$50,000)to cover
our direct administrative costs. Accordingly, your net grant award will be $242,500.00.
Prior to receiving funds,your organization will need to fulfill the following requirements:
• . Provide documentation of your organization's financial ability to complete the project. All funds from
sources other than the state must be expended, raised, or secured by documented pledges or loans.
• Any property relevant to the project must be owned or secured by a long-term lease that remains in
effect for a minimum of ten years following the final payment date. A lien on owned property is also
required when receiving grants over$500,000.
• Prevailing wages must be paid for all construction labor costs incurred as of January 19, 2018.
• Review by the Washington State Department of Archaeology and Historic Preservation and any affected
Tribes.
• Your project may also need to comply with the state's green buildings standards (RCW 39.35D).
Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience.
Also enclosed is a comprehensive set of contracting guidelines to assist you with the contracting process. If you
have any questions or need additional information,please contact Katrina Perez at(360) 725-3006 or
katrina.perez@commerce.wa.gov.
Sincerely,
Tony Hanson, Managing Director
Local Government Division
Enclosure
Grant program: S18 Short code: S1860
Grant recipient: City of Federal Way
Funded project: Federal Way Camera Replacement
CONTRACT READINESS SURVEY FOR
2017-2019 CAPITAL BUDGET GRANT RECIPIENTS
Please fill out this survey and email it to your Program Manager, Katrina Perez at
katrina.perez@commerce.wa.gov. If you have any questions you may also contact them at
(360) 725-3006. Congratulations!
STEP 1: Tell us about your project
1.1 Who in your organization will be taking the lead in developing the grant contract?
Name: io Avg& Title: TT M er
Address: _ 333s z's4- 6v_ Si City: eec r,c..' J Zip: 9'a0
Telephone: as?-13s- 9.T-C1 Email: Tww►as.Rctb tce�c i +j of t cc -s.c.e
1.2 Do you have control of the project site, either through ownership or a long-term lease (that
remains in effect for a minimum of at least 10 years following the last grant payment date)?
X. Yes No
1.3 Has your project budget been finalized? X Yes No
Has your organization secured all other funding sources needed to complete the project,
e.g.,through loans and/or documented pledges? Yes No X Not applicable
1.4 If you answered no to either 1.2 or 1.3, by what date do you expect to have met both of
these two conditions? K./A
(Site control and a commitment of all other funds needed to complete the project are
required before we can begin writing a grant contract.)
1.5 Are there contingencies that could change your answers to questions 1.2 through 1.4? If
so,please explain.
IJo .
1.6 Which elements listed below are part of your project:
Property acquisition ) New construction Renovation of existing facility
1.7 Does your project budget include construction labor? '( Yes No
(If you answered yes to this question,please fill out Step 2. If you answered no, skip Step 2
and go to Step 3.)
STEP 2: Questions for projects that include construction labor costs
2.1 If your project includes construction labor,please answer the following questions:
a. Estimate how close you are to the completion of project design:
DC7% complete(0 percent=not started; 100%= design completed)
b. Projected date of design completion: (on,Q
c. Has construction gone out to bid? Yes X.No
d. Estimate how close you are to the completion of project construction work:
0 %complete (0 percent=not started; 100%=construction completed)
e. Projected date of construction completion: la,/91/t(
2.2 If your project includes new construction or renovation, do you understand and
acknowledge that you are required to pay state prevailing wages for all construction-related
work as of January 19, 2018?
7c Yes No
2.3 Did you or were you planning to enter the LEED certification process with the goal of your
facility obtaining the silver standard?
Yes X No
2.4 Has or will your project be going through a Section 106 review under the National Historic
Preservation Act?
Yes No
2.5 If you answered no to 2.4, does your project:
a. Disturb ground Yes X No
b. Involve structures more than 50 years old Yes X No
c. Involve acquisition-only Yes X No
STEP 3: Timing of your grant payout
3.1 Before you can receive grant funds, we need to execute a contract. Contract development
generally takes three to four weeks once you have myt gur requirements. Given all this, by
what date did you wish to access your funds: 6/ 1/ i g
3.2 Miscellaneous comments:
NOTE: When returning this survey,please note that you must register for a Statewide
Vendor Number (SWIG) with the Department of Enterprise Services, ifyou do not already have
one. If you need assistance with this,please contact your Program Manager.
Department of Commerce
innovation nature.
Capital Programs I PO Box 42525 Olympia,WA 98504-2525/Phone:(360)725-3075
LEED Certification Declaration
For competitive grant programs and direct appropriations
Directions: All recipients of state Capital Budget grants administered by Commerce Capital Programs are required to
fill out this form. See our website for information about when the completed form needs to be submitted. Please type
your responses in the electronic version of this form(see www.commerce.wa.gov/CapitalProqrams)and fax or mail it
to us. Please do not e-mail it to us because this is a certification that requires signature(s).
Project Name: Camera Replacement Project Organization: City of Federal Way
Date Submitted: 6111118 Grant Program Name: S18
Grant Applicant? Yes® No❑ Grant Awardee? Yes® No❑
STEP 1: Is your project an exempt facility type?
1.1 Does your project only involve an acquisition,and does not include any construction or renovation?
Yes❑ No
1.2 If your project is new construction,is it less than 5,000 gross square feet of occupied or conditioned space*?
Yes❑ No Z If yes,what is the square footage?
1.3 If your project is a renovation,is it less than 50 percent of the facility's assessed value,and less than 5,000 gross
square feet of occupied or conditioned space*? Yes❑ No
If yes,what is the renovation total budget? I What is the facility's assessed value? $
1.4 Is your facility a hospital or research facility**? Yes❑ No
Is it a similar building type? Yes❑ No® If yes,describe
You are exempt if you answered yes to ANY question in Step 1. If you are exempt you may skip Steps 3 and 4,
but please fill out the rest of this form and sign it.
* Gross square feet as defined by the state Energy Code;assessed value includes the building and land.
** Primarily used for laboratory experimentation,laboratory research,or lab training in research methods.
2.0 2008LEEDcert.doc 1
STEP 2: Is meeting the LEED silver standard 'not practicable'?
Commerce may exempt state Capital Budget grant awardees who demonstrate that it would not be practicable to meet
the LEED silver standard. We are not permitted to offer this exemption solely because of cost,but may due to:
a. If a renovation is piecemeal in nature;and/or
b. Unusual aspects of the building do not lend themselves to LEED standards.
2.1 Has design begun? Yes El No❑ If yes,what was date? 3/29/2017
Percentage of pre-design or design complete: 100%
Has construction begun? Yes❑ No® If yes,date construction began
Percentage of construction complete: 0%
2.2 Is your project a renovation to an existing building,and not a separate facility? Yes❑ No
2.3 Would you like to apply for this exemption? Yes® No ❑ If yes,please explain why.
This project is to install new and replace old cameras on traffic signal poles and street light poles. The
City is not building any new buildings or renovating existing buildings.
STEP 3: Are you planning to enter the LEED process?
3.1 Have you already entered the LEED certification process? Yes❑ No ® As of what date?
3.2 If you answered no to 3.1,were you planning to enter the LEED certification process? Yes❑ No ❑
3.3 If you are entering the LEED process,what standard are you attempting to reach?
Certified ❑ Silver ❑ Gold ❑ Platinum ❑
STEP 4: Complete the high-performance building checklist
You are not required to fill out this step if you receive an exemption. You are required to complete this section
only if you plan to enter LEED and achieve the silver standard(Step 2)and are currently working with an architect. In
other words,you do not need to complete this step if you do not have an architect under commission because your
project's design has been completed and/or the project is piecemeal in nature.
Please have your architect estimate the number of LEED points that the project is anticipated to receive.
Total estimated LEED points: N/A
Comments&Clarifications:
This does not apply to installing and replacing cameras on traffic signal and street light poles.
STEP 5: Certification of LEED Declaration
2.0 2008LEEDcert.doc 2
Applicant Repre ative's Na T omas Fichtner Title IT Manager
Signatur Date U/it ( 1 ,e
Phone 253-835-2547 E-mail Thomas.Fichtner(c�cityoffederalway.com
Applicant Organization City of Federal Way_
Applicant Mailing Address 333258th Ave S,Federal Way State WA Zip Code 98003
Project location(if different from above) State Zip Code
Applicant architect's name N/A Title
Signature Date
The applicant and/or its architect, by the above signatures,certify that all of the information provided in this LEED
certification declaration is accurate and complete to the best of their knowledge. The applicant understands that
Commerce Capital Programs staff may independently verify information provided,and that the discovery of incomplete,
false,and/or misleading information is grounds for withholding awarded funds.
Updated 1/19/10
2.0 2008LEEDcert.doc 3
` CITY OF CITY HALL
33325 8th Avenue South
... Federal Way Federal Way,WA 53)8335-6325
000
www.cityoffederalway.com
Jim Ferrell, Mayor
October 25, 2018
Ms. Katrina Perez, MPA
Washington State Department of Commerce
PO Box 42525
Olympia,WA 98504-2525
Dear Ms. Perez,
This letter is in reference to$250,000 grant that was awarded to the City of Federal Way as part of the
2017-2019 State Capital Budget on January 315t 2018 in the amount of$250,000.00 for the Federal Way
Camera Replacement Project.
As part of accepting this grant,the City is willing to contribute additional funding to the project. This
additional amount of$5,232, is referenced in "Attachment B: Availability of Funds". The City of Federal
Way officially commits these additional funds to the Safe City Camera Replacement Project.
Please feel free to contact me if there are any other questions regarding the availability of these funds.
Sincerely,
cgalitA
U
Thomas Fichtner
IT Manager
City of Federal Way
From: Perez, Katrina (COM) <Katrina.Perez@commerce.wa.gov>
Sent: Wednesday, November 07, 2018 7:50 AM
To: Thomas Fichtner
Subject: RE: S18160 Federal Way Camera Replacement: Next Steps
Good morning Thomas,
I just wanted to let you know that since you will be using some of the grant funding to help with camera installation,you
are required to comply with RCW 39.12 (that state prevailing wage law). If you have a specific question about what the
prevailing rate of wage is for this project, I would suggest contacting the industrial statistician at the Department of
Labor and Industries (LNI).You can also reach Jim Christensen at LNI if you need technical information about prevailing
wages. He can be reached at (360) 902-5330 or via email at chri235@LNI.WA.GOV.
If you have any questions, let me know.
Thanks,
Kat
Katrina Perez, MPA
Program Manager
Early Learning Facilities
Washington State Department of Commerce
1011 Plum Street SE 1 PO Box 42525
Olympia,WA 98504-2525
Phone:360-725-3024
Work Cell:360-688-6127
Fax:360-586-8440
Katrina.Perez(rcommerce.wa.gov
www.commerce.wa.gov
My office hours are:
Monday-Thursday 6:30 am to 5:00 pm
Every Friday Off
From: Perez, Katrina (COM)
Sent: Monday,October 29, 2018 2:45 PM
To: 'Thomas Fichtner'<Thomas.Fichtner@cityoffederalway.com>
Subject: RE:518160 Federal Way Camera Replacement: Next Steps
Hi Thomas,
Do you have a UBI #?
Thanks,
1
Kat
Katrina Perez, MPA
Program Manager
Early Learning Facilities
Washington State Department of Commerce
1011 Plum Street SE I PO Box 42525
Olympia,WA 98504-2525
Phone:360-725-3024
Work Cell:360-688-6127
Fax:360-586-8440
Katrina.Perez@commerce.wa.gpv_
www.commerce.wa.gov
My office hours are:
Monday-Thursday 6:30 am to 5:00 pm
Every Friday Off
From:Thomas Fichtner<Thomas.Fichtner@cityoffederalway.com>
Sent: Monday,October 29, 2018 1:48 PM
To: Perez, Katrina (COM)<Katrina.Perez(acommerce.wa.gov>
Subject: RE:S18160 Federal Way Camera Replacement: Next Steps
Hi Katrina,
Attached is the updated working papers per our discussion, without the internship.
Thanks,
Thomas
From: Perez, Katrina (COM) [maiito:Katrina.Perezracommerce.wa.clov]
Sent: Friday, October 26, 2018 11:17 AM
To: Thomas Fichtner
Subject: Automatic reply: S18160 Federal Way Camera Replacement: Next Steps
Thank you for your email! I am out of the office and will return on Monday, October 29.Please leave me an email and I will get back
to you once I return.
If this is regarding the Early Learning Facilities program,please forward your questions to our dedicated email address at
earl le ara.pgfac i tics(ar con Aerce.w,a.<=ov
Thanks!
Katrina Perez, MPA
Program Manager
Early Learning Facilities
Washington State Department of Commerce
1011 Plum Street SE I PO Box 42525
Olympia,WA 98504-2525
Phone:360-725-3024
Fax:360-586-8440
Katrina.Perez@commerce.wa.gov
www.commerce.wa.gov
2
My office hours are:
Monday-Thursday 6:30 am to 5:00 pm
Every Friday Off
"Strengthening Communities and Growing Washington's Economy"
Katrina Perez, MPA
Program Manager
Early Learning Facilities
Washington State Department of Commerce
1011 Plum Street SE ( PO Box 42525
Olympia,WA 98504-2525
Phone:360-725-3024
Fax:360-586-8440
Katrina.Perez( commercewa.gov
www.commerce.wa.gov
My office hours are:
Monday-Thursday 6:30 am to 5:00 pm
Every Friday Off
"Strengthening Communities and Growing Washington's Economy"
3
6 STATE
Q;•is -
Y
by 18'0au
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE • PO Box 42525. Olympia, Washington 98504-2525• (360) 725-4000
November 7, 2018
Mr. Thomas Fichtner
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
Dear Mr. Fichtner:
Enclosed for your review and signature are two originals of proposed Contract Number
18-96616-060 between the Department of Commerce and the City of Federal Way. The purpose of
the contract is to provide your organization with funds appropriated under the Local and Community
Projects program solely and specifically for the Federal Way Camera Replacement project.
Please review the contract carefully. If it meets with your approval,please sign and date where
indicated(the Contract Face Sheet and Attachments A through D) and return both to me at your
earliest convenience. We will sign them and return a fully executed original to you for your records.
If you have any questions or need additional information, please call me at (360) 725-3024.
I can also be reached by email at katrina.perez@commerce.wa.gov.
Sincerely,
Katrina Perez, Project Manager
Capital Programs
P g
Enclosures
0�
O s SCA? O
9
y
s�4'L/889;'')
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE •PO Box 42525. Olympia, Washington 98504-2525•(360) 725-4000
December 17, 2018
Mr. Thomas Fichtner
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
Dear Mr. Fichtner:
Enclosed is a fully executed original of Contract Number 18-96616-060 between the Department
of Commerce and the City of Federal Way. The purpose of the contract is to provide the grantee
with funds appropriated under the Local and Community Projects Program, solely and
specifically for the Federal Way Camera Replacement. Please keep this original document with
other local records related to your project.
I will email an A 19 voucher, a Status Report, and instructions on how to submit your
reimbursement for your completion once funds are ready to be expended.
Please send reimbursement requests to my attention at: Katrina Perez
Commerce/CCF
P.O. Box 42525
Olympia, WA 98504-2525
I will be your project manager and if you have any questions please contact me at (360) 725-3024
or katrina.perez@commerce.wa.gov and I'll be happy to assist you.
Sincerely,
Katrina Perez, Program Manager
Community Capital Facilities
Enclosures
f
4
.: . 4,.NTE0...
lik. .z,
Department of Commerce
i .
iiiNG
Grant to
City of Federal Way
through
The Local and Community Projects Program
For
Federal Way Camera Replacement
Start date: January 19, 2018
•
Washington State Department of Commerce
www.commerce.wa.gov
r - -
TABLE OF CONTENTS
Face Sheet 1
Special Terms and Conditions 2
1. Grant Management 2
2. Compensation 2
3. Certification of Funds Performance Measures 2
4. Prevailing Wage Law 3
5. Documentation and Security 3
6. Basis for Establishing Real Property Values for Acquisitions of Real Property4
7. Expenditures Eligible for Reimbursement 4
8. Billing Procedures and Payment 4
9. Subcontractor Data Collection 5
10. Insurance 5
11. Order of Precedence 6
12. Reduction in Funds 6
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 7
16. Modification to the Project Budget 7
17. Signage, Markers and Publications 8
18. Historical and Cultural Artifacts 8
19. Reappropriation 8
20. Recapture 8
21. Termination for Fraud or Misrepresentation 9
General Terms and Conditions 1
1. Definitions 1
2. Access to Data 1
3. Advance Payments Prohibited 1
4. All Writings Contained Herein 1
5. Amendments 1
6. Americans with Disabilities Act (ADA) 2
7. Assignment 2
8. Attorney's Fees 2
9. Audit 2
10. Confidentiality/Safeguarding of Information 3
11. Conflict of Interest 4
12. Copyright Provision 4
13. Disputes 4
14. Duplicate Payment 5
15. Governing Law and Venue 5
16. Indemnification 5
17. Independent Capacity of the Grantee 5
18. Industrial Insurance Coverage 5
19. Laws • 6
20. Licensing, Accreditation and Registration 6
21. Limitation of Authority 6
22. Noncompliance with Nondiscrimination Laws 6
23. Pay Equity 6
24. Political Activities 7
25. Publicity 7
26. Recapture 7
27. Records Maintenance 7
28. Registration with Department of Revenue 7
29. Right of Inspection 7
30. Savings 7
31. Severability 8
32. Site Security 8
33. Subgranting/Subcontracting 8
34. Survival 8
35. Taxes 8
36. Termination for Cause 8
37. Termination for Convenience 9
38. Termination Procedures 9
39. Treatment of Assets 10
40. Waiver 10
Attachment A, Scope of Work; Attachment B, Budget; Attachment C, Availability of Funds;
Attachment D Certification of Prevailing Wages; Attachment E, Certification of LEED
r
•
FACE SHEET
Grant Number: 18-96616-060
Washington State Department of Commerce
Local Government Division
Community Capital Facilities Unit
1.GRANTEE 2.GRANTEE Doing Business As(optional)
City of Federal Way
33325 8th Ave S
Federal Way,Washington 98003
3.Grantee Representative 4.COMMERCE Representative
Thomas Fichtner Katrina Perez
Project Manager P.O.Box 42525
(253)835-2547 (360)725-3024 1011 Plum Street SE
Fax 360-586-5880 Olympia,WA 98504-2525
Thomas.Fichtner@cityoffederalway.com katrina.perez@commerce.wa.gov
5.Grant Amount 6.Funding Source 7.Start Date 8.End Date
$242,500.00 Federal:❑ State:® Other: ❑ N/A: ❑ 1/19/2018 6/30/2021
9.Federal Funds(as applicable) Federal Agency CFDA Number
N/A N/A N/A
10.Tax ID# 11.SWV# {Cf' 12.UBI# 13.DUNS#
91-1462550SWVOCISq.1 -C)0 601 223 538 N/A
14.Grant Purpose
The outcome of this performance-based contract is the City of Federal Way camera replacement as referenced in Attachment A-
Scope of Work.
definedas the o as defined above,acknowledge and accept the terms
COMMERCE, of C mmerce,and theGRANTEE, g p
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
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"-
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 G TEE FOR COMMERCE
Jim ell,Ma or Mark K.Barkley,Assis t Director
/,)//2* (ViddIc,ccf2
Date Date
APPROVED AS TO FORM
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Date
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS CONTRACT, entered into by and between City of Federal Way(a unit of local government)
hereinafter referred to as the GRANTEE), and the Washington State Department of Commerce
(hereinafter referred to as COMMERCE), WITNESSES THAT:
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
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has, in Laws of 2018, Chapter 2, Section 1016,
made an appropriation to support the Local and Community Projects Program, and directed
COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for acquisition, construction, or rehabilitation (a venture hereinafter referred to as the
"Project").
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed $242,500.00 for the capital costs necessary for or
incidental to the performance of work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
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
(CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT), hereof.
Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this contract.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
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,
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
calculating the amount of non-state matching fund credit.
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
COMMERCE'S review upon reasonable request.
4. PREVAILING WAGE LAW
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
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.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over$500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or other appropriate security instrument in favor of COMMERCE (the"Deed of Trust"). The
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90)days of contract execution. The
Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the grant as set
forth in Section 2, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10)years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance. The GRANTEE shall purchase an extended coverage lender's policy of title
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. 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
COMMERCE shall respond to the request in writing within thirty(30)days of receiving the
request.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
a. GRANTEE purchases of real property from an independent third-party seller shall be
evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser, or a current property tax statement.
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.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
The GRANTEE may be reimbursed, at the rate set forth elsewhere in this contract, for Project
expenditures in the following cost categories:
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for one-hundred percent(100%) of eligible Project
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
Voucher(Form A-19), that documents capitalized Project activity performed—by budget line item—
for the billing period.
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
shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as
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.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
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
Section 18, hereof.
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SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Each request for payment must be accompanied by a Project Status Report, which describes, in
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
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
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
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
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
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
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Grant performed by subcontractors and the portion
of Grant funds expended for work performed by subcontractors, including but not necessarily limited
to minority-owned, woman-owned, and veteran-owned business subcontractors. "Subcontractors"
shall mean subcontractors of any tier.
10. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. 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, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. The insurance shall name the state of Washington, its agents, officers, and
employees as additional insureds under the insurance policy. All policies shall be primary to any other
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.
The GRANTEE shall submit to COMMERCE within fifteen (15)calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
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.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
5
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than$1,000,000
per occurrence. Additionally, the GRANTEE is responsible for ensuring that any Subgrantees
provide adequate insurance coverage for the activities arising out of subgrants.
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
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
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.
C. The GRANTEE shall provide, at COMMERCE's request, 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.
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
or self-insured risk management program. In order to obtain permission from COMMERCE, the
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.
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
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
insurance, evidencing continued coverage under GRANTEE's self-insured/liability pool or self-
insured risk management program. Such annual summary of coverage and letter of self
insurance will be provided on the anniversary of the start date of this Agreement.
11. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B—Budget
• Attachment C—Certification of the Availability of Funds to Complete the Project
• Attachment D—Certification of the Payment and Reporting of Prevailing Wages
6
•
• SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Attachment E—Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
12. 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 parties hereto shall be bound by any such revised funding limitations as
implemented at the discretion of COMMERCE, and shall meet and renegotiate the contract
accordingly.
13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
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
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
awarded under this contract. This provision does not extend to claims that COMMERCE may bring
against the GRANTEE in recapturing funds expended in violation of this contract.
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
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 date the final
payment is made hereunder.
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
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
elsewhere in this contract.
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 as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture provision).
15. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
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
by the GRANTEE for the purpose or purposes stated elsewhere in this contract for a period of at
least ten (10)years from the date the final payment is made hereunder.
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 as stated in Section 1, hereof,
plus interest calculated at the rate of interest on state of Washington general obligation bonds
issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 19 (Recapture Provision).
7
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
16. MODIFICATION TO THE PROJECT BUDGET
A. Notwithstanding any other provision of this contract, the GRANTEE may, at its discretion, make
modifications to line items in the Project Budget(Attachment B), hereof, that will not increase the
line item by more than fifteen percent(15%).
B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail)when proposing any
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
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
(15%)threshold increase described above.
C. Any such budget modification or modifications as described above shall require the written
approval of COMMERCE (by email or regular mail), and such written approval shall amend the
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
for the Project, as set forth in Section 2 of this contract.
17. SIGNAGE, MARKERS AND PUBLICATIONS
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,
any such communication or publication must identify"The Taxpayers of Washington State"as a
participant.
18. HISTORICAL AND CULTURAL RESOURCES
In the event that historical or cultural artifacts are discovered at the Project site during construction,
the GRANTEE shall immediately stop work and notify the local historical preservation officer and the
state historic preservation officer at the Washington State Department of Archaeology and Historic
Preservation (DAHP)at(360) 586-3065, and the Commerce Representative identified on the Face
Sheet.
If human remains are discovered, the GRANTEE shall immediately stop work and report the
presence and location of the remains to the coroner and local enforcement, then contact DAHP and
any concerned tribe's cultural staff or committee.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by June 30, 2019 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
contingent upon the terms of such reappropriation.
B. In the event any funds awarded under this contract are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. 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 all funds
disbursed under the Grant, in addition to any other remedies available at law or in equity. This
8
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
provision supersedes the Recapture provision in Section 25 of the General Terms and
Conditions.
21. 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, 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.
9
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
1. DEFINITIONS
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
act on the Director's behalf.
B. "COMMERCE"shall mean the Department of Commerce.
C. "GRANTEE"shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State"shall mean the state of Washington.
F. "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.
G. "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
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.
H. "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
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.
2. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
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
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
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
or to bind any of the parties hereto.
5. AMENDMENTS
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.
1
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the"ADA" 28 CFR Part 35
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
government services, and telecommunications.
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs.
9. AUDIT
A. General Requirements
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
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
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.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
In any case, the GRANTEE's records must be available for review by COMMERCE.
C. Documentation Requirements
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(c�commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
2
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
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.
10. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the GRANTEE by COMMERCE that is designated as"confidential"
by COMMERCE;
2. All material produced by the GRANTEE that is designated as"confidential" by COMMERCE;
and
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
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996(HIPAA).
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
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
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
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.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
11. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the CONTRACTOR terminate this contract if it is found
after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the
CONTRACTOR in the procurement of, or performance under this contract.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The CONTRACTOR and their subcontractor(s) must
identify any person employed in any capacity by the state of Washington that worked 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
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Identify the individual by name, the agency previously or currently employed by,job title
3
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
or position held, and separation date. If it is determined by COMMERCE that a conflict of interest
exists, the CONTRACTOR may be disqualified from further consideration for the award of a Grant.
In the event this contract is terminated as provided above, COMMERCE shall be entitled to pursue
the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the
contract by the CONTRACTOR. The rights and remedies of COMMERCE provided for in this clause
shall not be exclusive and are in addition to any other rights and remedies provided by law. The
existence of facts upon which COMMERCE makes any determination under this clause shall be an
issue and may be reviewed as provided in the"Disputes" clause of this contract.
12. COPYRIGHT PROVISIONS
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
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
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the 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,
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.
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
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
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.
13. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
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.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the GRANTEE's name, address, and Contract number; and
• 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.
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.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10)working days. The Director or designee may extend this period if necessary by notifying the
parties.
4
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
14. DUPLICATE PAYMENT
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
same services or expenses.
15. GOVERNING LAW AND VENUE
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.
16. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
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,
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.
The GRANTEE's obligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE's agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
17. 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
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
GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
18. INDUSTRIAL INSURANCE COVERAGE
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
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
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
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the GRANTEE.
5
• GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
19. LAWS
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.
20. LICENSING,ACCREDITATION AND REGISTRATION
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.
21. LIMITATION OF AUTHORITY
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,
modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment,
modification, or waiver or any clause or condition of this contract is not effective or binding unless
made in writing and signed by the Authorized Representative.
22. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
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,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure
set forth herein.
23. PAY EQUITY
The GRANTEE agrees to ensure that"similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are"similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(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.
(ii)A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or
derived from a gender-based differential; and accounts for the entire differential.
(iii)A bona fide regional difference in compensation level must be: Consistent with
business necessity; not based on or derived from a gender-based differential; and
account for the entire differential.
This Contract may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise
services determines that the GRANTEE is not in compliance with this provision.
6
GENERAL TERMS AND CONDITIONS •
GENERAL GRANT
STATE FUNDS
24. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
25. PUBLICITY
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
prior written consent of COMMERCE.
26. 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
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.
27. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
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.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six(6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
28. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
29. RIGHT OF INSPECTION
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 government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
30. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the"Termination for Convenience"clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
7
• . GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
31. SEVERABILITY
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.
32. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
33. 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
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.
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.
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.
34. SURVIVAL
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
so survive.
35. TAXES
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
be the sole responsibility of the GRANTEE.
36. 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. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
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.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
COMMERCE to terminate the Grant. A termination shall be deemed a"Termination for Convenience"
8
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
if it is determined that the GRANTEE: (1)was not in default; or(2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
37. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
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.
38. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
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.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii)other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
AGENT shall determine the extent of the liability of COMMERCE. Failure to agree with such
determination shall be a dispute within the meaning of the"Disputes"clause of this Grant.
COMMERCE may withhold from any amounts due the GRANTEE such sum as the AUTHORIZED
REPRESENTATIVE determines to be necessary to protect COMMERCE against potential loss or
liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
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
may be necessary for completion of such portion of the work under the Grant that is not
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
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
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
by the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
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
9
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has
or may acquire an interest.
39. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
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.
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.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
40. 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 Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
10
Attachment A
Scope of Work
This grant will be used to purchase, install new and replacement IP network cameras for the purpose of
the City of Federal Way's Safe City Program.
Work will include, but not limited to: purchase of cameras, software licenses, mounts, cables and other
miscellaneous items needed for installation. This grant will also include labor for camera installation.
The project is scheduled to be completed in December 2018.
All project work completed with prior legislative approval. The"Copyright Provisions", Section 12 of the
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
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.
E
cITLEI
DATE i\APt4) V ki—
•• Attachment B
Budget
Line Item Amount
Site Acquisition $0.00
Architecture& Engineering $0.00
Construction $61,700.00
Capitalized Equipment $186,032.00
Construction Management $0.00
Other $0.00
Total Contracted Amount: $247,732.00
CERTIFICATION PERFORMANCE MEASURE
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 and year
written below.
OP.
1,
G- TEE
TITLE
DAT
Attachment C •
Certification of the Availability of Funds to Complete the Project
Non-State Funds Amount Total
_ Safe City Fund for 2018 $5,232.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Non-State Funds $5,232.00 $5,232.00
State Funds
State Capital Budget $242,500.00 $242,500.00
$247,732.00
Total Non-State and State Sources
CERTIFICATION PERFORMANCE MEASURE
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
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
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.
•
GRANT"
1 PK-
TITLE
DATE 77111
Attachment D
Certification of the Payment and Reporting of Prevailing Wages
CERTIFICATION PERFORMANCE MEASURE
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 of January 19, 2018
including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and"Affidavit of
Wages Paid" as required by RCW 39.12.040. The 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.
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
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.
GRANi771°1°'
TITLE
DATE)® /�
Attachment E
Certification of Intent to Enter the
Leadership in Energy and Environmental Design (LEED) Certification Process
CERTIFICATION PERFORMANCE MEASURE
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
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.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
approved by the GRANTEE's governing body or board of directors, as applicable, as of the date and year
written below. g''
Prr
GRANTEE
TITLE
•
DATE