HomeMy WebLinkAbout5444 (2) RESOLUTION NO. 5444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATING TO THE CITYWIDE LED
STREET LIGHTING AND CONTROLS IMPROVEMENTS;
AUTHORIZING THE MAYOR TO ACCEPT AND EXPEND GRANT
FUNDS AND EXECUTE AGREEMENTS RELATED TO THOSE
FUNDS
WHEREAS, the City wishes to install new energy efficient LED streetlights
and controls on its city-owned streetlights; and
WHEREAS, the City wishes to use the Washington State Department of
Enterprise Services Energy Savings Performance Program and select an Energy
Services Company ("ESCO") to help manage, design, and construct the LED
streetlights; and
WHEREAS, the City applied for and was granted a Federal Energy
Efficiency Grant through the Washington State Department Commerce in the
amount of $500,000 to help finance new energy efficient LED streetlights and
controls throughout the City; and
WHEREAS, the City has budgeted $1,850,000 to match and fund the
Project as documented in Auburn's adopted Transportation Improvement
program; and
WHEREAS, the City anticipates applying for a $350,000 Energy Rebate
from Puget Sound Energy to fund a portion of the project; and
Resolution No. 5444
7/03/2019
Page 1
WHEREAS, it is in the best interest of the City to accept the Department
of Commerce grant funds, and use the Washington State Department of
Enterprise Services Energy Program to manage, design, procure and construct
the LED streetlights and controls improvements throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and expend federal grant
funds and negotiate and execute Interagency agreements with the Washington
State Department of Commerce and Washington State Department of Enterprise
Services, in substantial conformity with the agreements attached (Exhibit A and
Exhibit B). The Mayor is authorized to accept and expend additional grant
funding from public or private sources as long as the City's matching
requirements are within the approved budget.
Section 2. The Mayor is authorized to execute any necessary funding
authorizations, supplemental amendments, and other contracts for all future
phases of the Project, expending up to the total amount of the Project budget,
and to implement administrative procedures necessary to carry out the directions
of this legislation.
Resolution No. 5444
7/03/2019
Page 2
Section 3. This Resolution shall take effect and be in full force on
passage and signature.
Dated and Signed this \S day o.�.� , 2019.
CITY OF AUBURN
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ATTEST:
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Shawn Campbell, MMC
City Clerk
APPROVED AS TO FORM:
Steven L. Gross,
City Attorney
Resolution No. 5444
7/03/2019
Page 3
Exhibit A
oixe 40,
:it
'At Department Commerce
Capital Agreement with
<Local gov or recipient organization name here>
through
<Name of COMMERCE program issuing/administering contract here>
For
<List project title, if applicable, and/or describe the primary
purpose for the funding or the inteded outcome/deliverables in
approx. 25 words or less>
Start date: <Month> <Day>, <Year>
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
Special Terms and Conditions 1
Face Sheet 1
1. Acknowledgement of Federal Funding 2
2. Contract Management 2
3. Compensation 2
4. Billing Procedures and Payment 2
5. Subcontractor Data Collection 3
6. Historical or Cultural Artifacts 3
7. Insurance 3
8. Use of Apprenticeship Program 4
9. Order of Precedence 4
General Terms and Conditions 5
1. Definitions 5
2. Administrative Cost Allocation 5
3. Allowable Costs 5
4. All Writings Contained Herein 5
5. Amendments 5
6. Americans with Disabilities Act(ADA) 5
7. Approval 5
8. Assignment 5
9. Attorney's Fees 6
10. Audit 6
11. Certification Regarding Debarment, Suspension or Ineligibility or
Ineligibility and Voluntary Exclusion 7
12. Code Requirements 8
13. Confidentiality/Safeguarding of Information 8
14. Conformance 8
15. Conflict of Interest 8
16. Copyright Provisions 9
17. Disallowed Costs 9
18. Disputes 9
19. Duplicate Payment 10
20. Governing Law and Venue 10
21. Indemnification 10
22. Independent Capacity of the Contractor 10
23. Industrial Insurance Coverage 10
24. Laws 11
25. Licensing, Accreditation and Registration 13
26. Limitation of Authority 13
27. Local Public Transportation Coordination 13
28. Noncompliance With Nondiscrimination Laws 13
29. Notification of Tenant Rights/Responsibilities 14
30. Pay Equity 14
31. Political Activities 14
32. Prevailing Wage Law 14
33. Procurement Standards for Federally Funded Programs 14
34. Prohibition Against Payment of Bonus or Commission 15
ii
35. Publicity 15
36. Recapture 15
37. Records Maintenance 16
38. Registration With Department of Revenue 16
39. Right of Inspection 16
40. Savings 16
41. Severability 16
42. Subcontracting 16
43. Survival 16
44. Taxes 17
45. Termination for Cause 17
46. Termination for Convenience 17
47. Termination Procedures 17
48. Treatment of Assets 18
49. Waiver 18
50. Work Hours and Safety Standards 18
Attachment A, Scope of Work
Attachment B, Budget
FACE SHEET
Contract Number: <insert number>
Washington State Department of Commerce
<Select Division,Board,or Commission>
<Insert Unit or Office>
<Insert Program(s)and/or Project(s)>
1.Contractor 2.Contractor Doing Business As(optional)
<Insert legal name> <Insert DBA name>
<Insert mailing address> <Insert DBA mailing address>
<Insert physical address> <Insert DBA physical address>
<Insert location> <Insert DBA location>
3.Contractor Representative 4.COMMERCE Representative
<Insert name> <Insert name> <Insert mailing address>
<Insert title> <Insert title> <Insert physical address>
<Insert phone> <Insert phone> <Insert location>
<Insert FAX> <Insert FAX>
<Insert e-mail> <Insert e-mail>
5.Contract Amount 6.Funding Source 7.Start Date 8. End Date
<Insert$amount> Federal: ❑ State:❑ Other: ❑ N/A: ❑ <Insert date> <Insert date>
9. Federal Funds(as applicable) 10. Federal Agency CFDA Number:
<Insert$amount> <Insert name> <Insert number>
10.Tax ID# 11.SWV# 12. UBI# 13. DUNS#
<Insert number> <Insert number> <Insert number> <Insert number>
14.Contract Purpose
<Briefly describe contract purpose>
COMMERCE,defined as the Department of Commerce and Contractor acknowledge and accept the terms of this Contract and
attachments and have executed this Contract on the date below to start as of the date and year referenced above. The rights and
obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by
reference: Contractor Terms and Conditions including Attachment"A"-<insert title>,Attachment"B"—<insert title>,
Attachment"C"—<insert title>,<etc.>
FOR CONTRACTOR FOR COMMERCE
<insert name>,<insert title> <insert name>,<insert title>
Date Date
APPROVED AS TO FORM ONLY
BY ASSISTANT ATTORNEY GENERAL
APPROVAL ON FILE
1
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
Federal Award Date: XXXX
Federal Award Identification Number(FAIN): XXXX
Total amount of the federal award: $XXXXX
Awarding official: XXXX (XXX)XXX-XXXX
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. < > awarded by <Federal Granting
Agency> . Points of view in this document are those of the author and do not necessarily
represent the official position or policies of the <Federal Granting Agency> . Grant funds
are administered by the <COMMERCE Program> , Washington State Department of
Commerce."
2. CONTRACT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Contract.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Contract.
The Representative for the Contractor and their contact information are identified on the Face
Sheet of this Contract.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed ($ )for the performance of all things
necessary for or incidental to the performance of work as set forth in the Scope of Work. Contractor's
compensation for services rendered shall be based on the following rates or in accordance with the
following terms:
EXPENSES
Contractor shall receive reimbursement for travel and other expenses as identified below or as
authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the
Contractor for authorized expenses shall not exceed $ , which amount is included in the
Contract total above.
Such expenses may include airfare(economy or coach class only), other transportation expenses,
and lodging and subsistence necessary during periods of required travel. Contractor shall receive
compensation for travel expenses at current state travel reimbursement rates.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE [not more often
than monthly.]
The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work
performed, the progress of the project, and fees. The invoice shall include the Contract Number
If expenses are invoiced, provide a detailed breakdown of each type. A receipt must
accompany any single expenses in the amount of$50.00 or more in order to receive reimbursement.
Payment shall be considered timely if made by COMMERCE within thirty(30)calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Contractor.
COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
condition of this Contract.
2
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
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 Contractor shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors.
NOTE: Optional Provision- COMMERCE shall withhold 10 percent from each payment until
acceptance by COMMERCE of the final report(or completion of the project, etc.).
5. SUBCONTRACTOR DATA COLLECTION
Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as
agreed by the parties, regarding work under this Contract performed by subcontractors and the
portion of 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.
6. HISTORICAL OR CULTURAL ARTIFACTS
Certain capital construction projects may be subject to the requirements of Washington State
Executive Order 05-05"Archaeological and Cultural Resources". Contractor will cooperate with
Commerce as may be required, to fulfill the requirements of EO-05-05. In the event that historical or
cultural artifacts are discovered at the Project site during construction or rehabilitation, the Contractor
or subcontractor shall immediately stop work and notify the local historical preservation officer and the
state historic preservation officer at the Department of Archaeology and Historic Preservation at(360)
586-3065. If human remains are discovered, the Contractor 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.
7. INSURANCE
The Contractor shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the State should there be any claims, suits, actions, costs, damages or
expenses arising from any loss, or negligent or intentional act or omission of the Contractor or
Subcontractor, or agents of either, while performing under the terms of this contract.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, 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 Contractor shall instruct the insurers to give COMMERCE thirty(30)calendar days
advance notice of any insurance cancellation, non-renewal or modification.
The Contractor shall submit to COMMERCE within fifteen (15)calendar days of the Contract start
date, a certificate of insurance which outlines the coverage and limits defined in this insurance
section. During the term of the Contract, the Contractor shall submit renewal certificates not less than
thirty(30)calendar days prior to expiration of each policy required under this section.
The Contractor shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Contract, as follows:
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 contract activity but no less than $1,000,000
per occurrence. Additionally, the Contractor is responsible for ensuring that any Subcontractors
provide adequate insurance coverage for the activities arising out of subcontracts.
3
SPECIAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
Automobile Liability. In the event that performance pursuant to this Contract involves the use of
vehicles, owned or operated by the Contractor or its Subcontractor, automobile liability insurance
shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a
Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Contractor shall maintain
Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and
licensed staff employed or under contract to the Contractor. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Contractor 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 Contract shall be$100,000 or the
highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subcontractors that receive $10,000 or more per year in funding through this Contract shall
secure fidelity insurance as noted above. Fidelity insurance secured by Subcontractors
pursuant to this paragraph shall name the Contractor as beneficiary.
C. The Contractor 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.
8. USE OF APPRENTICESHIP PROGRAM
For Housing Trust Fund contracts with one million dollars ($1,000,000.00) or more awarded by the
Housing Trust Fund, Contractor shall make best efforts to select builders/contractors that use an
approved apprenticeship program as described in RCW 39.04.320. The apprenticeship program
requires that a minimum of 15%of total labor hours be provided by Washington State Apprenticeship
and Training Council (WSATC)-registered apprentices. The builders/contractors selected should
meet the requirements of this law and should ask those who subcontract this work from them to use
apprentice labor. Should such builders/contractors not be available, the Contractor may select the
otherwise most responsible and responsive builders/contractors, and should document its efforts to
comply with the law.
9. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A—Scope of Work
• Attachment B—Budget
• add any other attachments incorporated by reference on the Face Sheet
4
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "COMMERCE" shall mean the Department of Commerce.
C. "Contract" or"Agreement" means the entire written agreement between COMMERCE and the
Contractor, including any Exhibits, documents, or materials incorporated by reference. E-mail or
Facsimile transmission of a signed copy of this contract shall be the same as delivery of an
original.
D. "Contractor"shall mean the entity identified on the face sheet performing service(s) under this
Contract, and shall include all employees and agents of the Contractor.
E. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
F. "State" shall mean the state of Washington.
G. "Subcontractor"shall mean one not in the employment of the Contractor, who is performing all or
part of those services under this Contract under a separate contract with the Contractor. The
terms"subcontractor" and"subcontractors" mean subcontractor(s) in any tier.
2. ADMINISTRATIVE COST ALLOCATION
Administrative costs that may be allowed are set forth in the Special Terms and Conditions.
Administrative services shared by other programs shall be assigned to this Contract based on an
allocation plan that reflects allowable administrative costs that support services provided under each
Contract administered by the Contractor. An approved current federal indirect cost rate may be
applied up to the maximum administrative budget allowed.
3. ALLOWABLE COSTS
Costs allowable under this Contract are actual expenditures according to an approved budget up to
the maximum amount stated on the Contract Award or Amendment Face Sheet.
4. ALL WRITINGS CONTAINED HEREIN
This Contract contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to
exist or to bind any of the parties hereto.
5. AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
7. APPROVAL
This contract shall be subject to the written approval of COMMERCE's Authorized Representative
and shall not be binding until so approved. The contract may be altered, amended, or waived only by
a written amendment executed by both parties.
8. ASSIGNMENT
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by
the Contractor without prior written consent of COMMERCE.
9. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Contract, in the event of litigation or other
action brought to enforce Contract terms, each party agrees to bear its own attorney's fees and costs.
10. AUDIT
If the Contractor is a subrecipient and expends$750,000 or more in federal awards from any and/or
all sources in any fiscal year, the Contractor shall procure and pay for a single audit or a program-
specific audit for that fiscal year. Upon completion of each audit, the Contractor shall:
1. Submit to COMMERCE the reporting package specified in OMB Super Circular 2 CFR
200.501, reports required by the program-specific audit guide(if applicable), and a copy of
any management letters issued by the auditor.
2. Submit to COMMERCE follow-up and developed corrective action plans for all audit findings.
If the Contractor is a subrecipient and expends less than $750,000 in federal awards from any and/or
all sources in any fiscal year, the Contractor shall notify COMMERCE they did not meet the single
audit requirement.
The Contractor shall send all single audit documentation to auditreview(a�commerce.wa.gov.
11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public or private agreement or
transaction, violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(federal, state, or local)with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
4. Have not within a three-year period preceding the signing of this contract had one or more
public transactions (federal, state, or local)terminated for cause of default.
B. Where the Contractor is unable to certify to any of the statements in this contract, the Contractor
shall attach an explanation to this contract.
C. The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Contractor further agrees by signing this contract that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transaction," as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier contractor certifies, by signing this contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
b) Where the lower tier contractor is unable to certify to any of the statements in this contract,
such contractor shall attach an explanation to this contract.
E. The terms covered transaction, debarred,suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
12. CODE REQUIREMENTS
All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and
federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the
Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local
building Department.
13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information"as used in this section includes:
1. All material provided to the Contractor by COMMERCE that is designated as"confidential" by
COMMERCE;
2. All material produced by the Contractor that is designated as"confidential" by COMMERCE;
and
3. All personal information in the possession of the Contractor 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 Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information
solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The Contractor shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the Contractor shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Contract whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The Contractor shall make the changes within the time period
specified by COMMERCE. Upon request, the Contractor shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the Contractor against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five(5)working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
14. CONFORMANCE
If any provision of this contract violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
15. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the 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
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
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 the Commerce
program administering this contract, including but not limited to formulating or drafting the legislation,
participating in grant procurement planning and execution, awarding grants, and 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 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.
16. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Contract shall be considered "works for
hire"as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Contract, but that incorporate pre-existing materials not
produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty-
free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Contract, of all known or potential invasions of privacy contained
therein and of any portion of such document which was not produced in the performance of this
Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or
claim of infringement received by the Contractor with respect to any Materials delivered under this
Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon
the Materials by the Contractor.
17. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
18. DISPUTES
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 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;
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
• state the disputed issues;
• state the relative positions of the parties;
• state the Contractor's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Contract 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.
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 Contract 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.
19. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this contract does not duplicate any work to
be charged against any other contract, subcontract, or other source.
20. GOVERNING LAW AND VENUE
This Contract shall be construed and interpreted in accordance with the laws of the state of
Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
21. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, for, 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 attorney's 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 Contractor's obligation to indemnify, defend, and hold harmless includes any claim by
Contractor's agents, employees, representatives, or any subcontractor or its employees.
Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to Contractor's or any subcontractor's performance or failure to perform the contract.
Contractor'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 Contractor 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.
22. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Contract. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
23. INDUSTRIAL INSURANCE COVERAGE
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the Contractor the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Contractor to the accident fund from the amount payable to the Contractor by
COMMERCE under this Contract, and transmit the deducted amount to the Department of Labor and
Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to
collect from the Contractor.
24. LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended.
25. LICENSING,ACCREDITATION AND REGISTRATION
The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
26. LIMITATION OF AUTHORITY
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Contract.
27. LOCAL PUBLIC TRANSPORTATION COORDINATION
Where applicable, Contractor shall participate in local public transportation forums and implement
strategies designed to ensure access to services.
28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Contract, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
contracts with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure
set forth herein.
29. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES
The Contractor shall provide all tenants, if any, with information outlining tenant rights and
responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of
Washington.
The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing
and Urban Development(HUD)funds notice regarding their eligibility for relocation assistance. Such
notices will be provided as required by the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d)of the
Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and
noted in HUD's Handbook No. 1378. Notifications will include but not be limited to:
• General Information Notice
• Notice of Displacement/Non-Displacement
30. PAY EQUITY
The Contractor agrees to ensure that"similarly employed" individuals in its workforce are
compensated as equals, consistent with the following:
a. Employees are"similarly employed" if the individuals work for the same employer, the
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. Contractor may allow differentials in compensation for its workers if the differentials are
based in good faith and on any of the following:
(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 the Department, if the Department or the Department of
Enterprise services determines that the Contractor is not in compliance with this provision.
31. POLITICAL ACTIVITIES
Political activity of Contractor 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.
32. PREVAILING WAGE LAW
The Contractor certifies that all contractors and subcontractors performing work on the Project shall
comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay
Prevailing Wages"and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make
such records available for COMMERCE's review upon request.
33. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this
Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
2 CFR Part 200.
The Contractor's procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority-owned businesses.
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
d. The type of procuring instrument(fixed price, cost reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and for promoting
the best interest of the program involved.
e. Contracts shall be made only with reasonable subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed
procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for contract administration to ensure Contractor conformance with terms,
conditions and specifications of this Contract, and to ensure adequate and timely follow-
up of all purchases.
4. Contractor and Subcontractor must receive prior approval from COMMERCE for using funds
from this Contract to enter into a sole source contract or a contract where only one bid or
proposal is received when value of this contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
34. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION
The funds provided under this Contract shall not be used in payment of any bonus or commission for
the purpose of obtaining approval of the application for such funds or any other approval or
concurrence under this Contract provided, however, that reasonable fees or bona fide technical
consultant, managerial, or other such services, other than actual solicitation, are not hereby
prohibited if otherwise eligible as project costs.
35. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
36. RECAPTURE
In the event that the Contractor fails to perform this contract in accordance with state laws, federal
laws, and/or the provisions of this contract, COMMERCE reserves the right to recapture funds in an
amount to compensate COMMERCE for the noncompliance in addition to any other remedies
available at law or in equity.
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this contract.
37. RECORDS MAINTENANCE
The Contractor shall maintain books, records, documents, data and other evidence relating to this
contract and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this contract.
The Contractor shall retain such records for a period of six years following the date of final payment.
At no additional cost, these records, including materials generated under the contract, shall be
subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
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.
38. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Contractor shall complete registration with the Washington State Department of
Revenue.
39. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Contract shall be
subject at all reasonable times to inspection, review, and audit by COMMERCE, the Office of the
State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate
performance, compliance, and quality assurance under this Contract. The Contractor shall provide
access to its facilities for this purpose.
40. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Contract and prior to normal completion, COMMERCE may terminate
the Contract under the"Termination for Convenience"clause, without the ten business day notice
requirement. In lieu of termination, the Contract may be amended to reflect the new funding
limitations and conditions.
41. SEVERABILITY
The provisions of this contract are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder of the contract.
42. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Contract if it obtains the prior
written approval of COMMERCE.
If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,
COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as
they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or
entity; or(c) require the Contractor to rescind or amend a subcontract.
Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The
Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term
or condition of this Contract. The Contractor shall appropriately monitor the activities of the
Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a
subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach
in the performance of the Contractor's duties.
Every subcontract shall include a term that COMMERCE and the State of Washington are not liable
for claims or damages arising from a Subcontractor's performance of the subcontract.
43. SURVIVAL
The terms, conditions, and warranties contained in this Contract that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Contract
shall so survive.
44. TAXES
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's
income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall
be the sole responsibility of the Contractor.
45. TERMINATION FOR CAUSE
In the event COMMERCE determines the Contractor has failed to comply with the conditions of this
contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before
suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need
to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be
terminated or suspended.
In the event of termination or suspension,the Contractor shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original contract and the
replacement or cover contract and all administrative costs directly related to the replacement contract,
e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or
prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged
compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to
terminate the contract. A termination shall be deemed a"Termination for Convenience" if it is
determined that the Contractor: (1)was not in default; or(2)failure to perform was outside of his or
her control, fault or negligence.
The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in
addition to any other rights and remedies, provided by law.
46. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Contract COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If
this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms
of this Contract for services rendered or goods delivered prior to the effective date of termination.
47. TERMINATION PROCEDURES
Upon termination of this contract, COMMERCE, in addition to any other rights provided in this
contract, may require the Contractor to deliver to COMMERCE any property specifically produced or
acquired for the performance of such part of this contract as has been terminated. The provisions of
the"Treatment of Assets"clause shall apply in such property transfer.
COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and
COMMERCE for(i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv)the protection and preservation of property, unless the termination is for default, in which case the
Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree
with such determination shall be a dispute within the meaning of the"Disputes"clause of this
contract. COMMERCE may withhold from any amounts due the Contractor such sum as the the
Authorized Representative determines to be necessary to protect COMMERCE against potential loss
or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the Authorized
Representative, the Contractor shall:
1. Stop work under the contract on the date, and to the extent specified, in the notice;
2. Place no further orders or subcontracts for materials, services, or facilities except as may be
necessary for completion of such portion of the work under the contract that is not terminated;
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
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 Contractor, under the orders and
subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or
pay any or all claims arising out of the termination of such orders and subcontracts;
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 the
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 contract 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
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 contract, which is in the possession of
the Contractor and in which COMMERCE has or may acquire an interest.
48. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a
direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such
property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor
under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property
in the performance of this contract, or(ii) commencement of use of such property in the performance
of this contract, 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 Contractor shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this contract.
B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that
results from the negligence of the Contractor or which results from the failure on the part of the
Contractor to maintain and administer that property in accordance with sound management
practices.
C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately
notify COMMERCE and shall take all reasonable steps to protect the property from further
damage.
D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this contract
All reference to the Contractor under this clause shall also include Contractor's employees,
agents or Subcontractors.
49. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
50. WORK HOURS AND SAFETY STANDARDS
The Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333)-Where applicable, all
contracts awarded by recipients in excess of$100,000 for construction and other purposes that
involve the employment of mechanics or laborers must include a provision for compliance with
Section 102 and 107 of the Contract Work Hours Safety Standards Act(40 U.S.C. 327-333), as
supplemented by Department of Labor regulations(29 CFR part 5). Under Section 102 of the Act,
GENERAL TERMS AND CONDITIONS
CAPITAL
FEDERAL FUNDS
each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided
that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction
work and provides that no laborer or mechanic is required to work in surroundings or under working
conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
Attachment A
Scope of Work
17
Attachment B
Budget
18
f 5T.1Tp
Ct )
/R89,1-
STATE OF WASHINGTON
DEPARTMENT OF ENTERPRISE SERVICES
1500 Jefferson St.SE,Olympia, WA 98501
PO Box 41476.Olympia, WA 9 8504-14 76
June 11, 2019
TO: Scott Nutter, Traffic Operations Engineer
City of Auburn
FROM: Curtis Pate, Contracts Specialist, (360) 407-7913
RE Agreement No. 2019-529 A (1)
IGA - Street Lighting Fixtures & Controls
IAA No. K5481
McKinstry Essention LLC
SUBJECT: Funding Approval
The Dept. of Enterprise Services (DES), Energy Program, requires funding approval for the above
referenced contract documents. The amount required is as follows:
ESCO Audit $ 85,937.00
Total Funding $ 85,937.00
In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the
DES Energy Program that the above identified funds are appropriated, allotted or that
funding will be obtained from other sources available to the using client/agency. The
using/client agency bears the liability for any issues related to the funding for this project
By IP
CAA4446 Mayor 1 • • 1 q
ame/T Date
Please sign and return this form to E&AS. If you have any questions, please call me.
2019529Afndcp