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RESOLUTION NO. 5 3 5 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF A GRANT FROM
THE STATE OF WASHINGTON HERITAGE CAPITAL PROGRAM,
"RAILROADS, WATERFOWL, FIELD TR/PS AND FAMILY OUTINGS"
AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY
CONTRACTS TO ACCEPT SAID FUNDS
WHEREAS, the White River Valley Museum (WRVM), a Division of the Auburn
Parks, Arts and Recreation Department, on behalf of the City of Auburn, submitted an
application to the State of Washington for a CAPITAL HERITAGE PROGRAM grant,
°°RA/LROADS, WATERFOWL, FIELD TR/PS AND FAMILY OUTINGS"; and
WHEREAS, the City has been advised that it has been approved to reeeive a grant
from said program in the amount of FOUR HUNDRED NINETY FOUR THOUSAND
DOLLARS ($ 494,000.00); and
WHEREAS, the matching funds required as a condition of this grant are met by
the other improvements made at Les Gove Park; and
WHEREAS, the funding will support the renovation costs of the WRVM GARAGE
BUILDING AND OUTDOOR PLAZA at 918 H STREET SE; and
WHEREAS, aceeptance of the grant will benefit the citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. Acceptance of Grant and Authorization of Contract. The City
Council hereby accepts the "RAILROADS, WATERFOWL, FIELD TRIPS AND FAMILY
OUTINGS"grant from the HERITAGE CAPITAL PROJECTS PROGRAM, in the amount
of FOUR HUNDRED NINETY FOUR THOUSAND DOLLARS ($ 494,000.00), and
Resolution No. 5358
March 12, 2018
Page 1
authorizes the Mayor to execute the Contract with the State of Washington in substantial
conformity with the Contract marked as Exhibit ``A" attached hereto and incorporated
herein by,this reference.
Section 2. Implementation. The Mayor is further authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
Iegislation, including assuring that the grant fund appropriation is included in the
appropriate budget documents of the City.
Section 3. Effective Date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
� .
SIGNED and DATED this �9 � day of , 2018.
CITY OF AUBURN
NANC CKU , YOR
-_ _ _
ATTEST:
�G� �� �
Danielle E. Daskam, City Clerk
APPR AS ORM:
Da ' B. Heid, City Attorney ----
Resolution No. 5358
March 12, 2018
Page 2
yp}yM(Fi(�7pN STATI
HISTORICAL ��,STATEo�
SC�CI ETY ° ;�„ �
�� �
�A't 2889 L��yA
State of Washington
Washington State History Society
19-10
Grantee: City of Auburn
1. PARTIES TO THE CONTRACT
This state funded Contract for Heritage Capital Projects(Contract) is entered between City of
Auburn, White River Valley Museum 918 H Street SE,Auburn WA 98002 (GRANTEE)and the
Washi.ngton State Historical Society, 1911 Pacific Avenue,Tacoma WA 98402(AGENCY),and
shall be binding upon a.II agents and all persons acting by or through the parties.
2. PURPOSE OF CONTRACT
This Contract, including Attachments A through H (collectively referred to hereafter as
"Contract"),sets out the terms and c.onditions by which a grant is made for a Heritage Capital
project during the 2017-2019 biennium from funds appropriated by the Washington State
Legislature in Capital Enacted Bill S56 6090,which was incorporated into the Capital Budget
signed into law by the governor on Janu.ary 19, 2018. RCW 27:34.330 provides statutory
authorization for the funding program. The program is administered by the Agency.
3. DESCRIPTION OF HERITAGE CAPITAL PROJECT
Funds awarded under this Contract shall 6e used by the GRANTEE solely for the"Railroads,
Waterfowl, Field Trips,and Family Outings" project, as described in ATTACHMENT B(PROJECT
SCOPE OF WORK), and for the express purposes of the grant as described in ATTACHMENT C
(PROJECT PURPOSE).
4. CONSIDERATION •
The parties agree that,in exchange for the grant money awarded pursuant to thi.s Contract,th.e
State of Washington and the Agency shall receive in consideration the preservation and
interpretation of historical sites and artifacts that have the potential to provide lifelong learning
opportunities for the citizens of the state,as described in this Contract, including Attachm.en.ts
[B and C.
5. AMOUNT OF GRANT
The Washington 5tate Legislature appropriated four hundred ninety seven thousand dollars
($497,000). Of this appropriati.on,the tofal funds available to the GRANTEE for reimbursement
of eligible costs shall be four hundred eighfy two thousand ninety dollars($482,090). The
AGENCY shall retain three percent(3.09�0)of the appropriation,which is fourteen thousand nine
hundred ten dollars($14,910)as the cost of administering the grant and this Contract.
6. COST SHARE
The total cost of the projects shall include only those costs that are eligible expenditures as
_
described in ATTACHMENT D(PROJECT BUDGET). GRANTEE agrees that the amount of state
funding shall not exceed thirty three and thirty-three one hundredths percent(33.33%)of the
total cost of the project. The non-state portion of the total cost of the project shall be the
Page 1 of 3
GRANTEE's cost share of the total cost of the project. The amount of the GRANTEE's cost share
shall be one million four hundred ninety one thousand dollars($ 1,491,000).
7. PERIOD OF PERFORMANCE
The period of performance under this Contract shall be from the date of the last signature of the
contracting parties to June 30, 2019. Without further appropriation from the legislature,
expenditures beyond this date shall not be reimbursed. The requirement set forth below in
Section 8 to maintain ownership or a lease on the subject property,and to use it for the express
purposes of the grant,shall remain in full foree and effect for thirteen years following the date
of contract completion, as defined in Attachment A.
8. CAPITAL IMPROVEMENTS TO BE HELD BY GRANTEE
_ __.
a. Capital improvements funded by the Heritage Capital Projects grant are to be used for
the express purpose of this grant. No funds appropriated for a Heritage Capital Projects
grant shall be used for capital improvements not included in the legislative
appropriation and specifically designated in this Contract wit:h the AGENCY.
b. As required by RCW 27.34.330, capital improvements funded by this grant shall be held
by the GRANTEE for at least thirteen (13)years from the date of contract completion;
the facilities shall be used for the express purpose of the grant as set forth in this
Contract, including Attachments B and C; and, if mobile, used primarily in Washington
State. The GRANTEE agrees that it will maintain ownership or lease of ALL property to
be held, as described in ATTACHMENT G (PROPERY PARCEL NUMBER(S)AND LEGAL
DESCRIPTION(S)),for thirteen (13)years beyond the date of contract completion.
Failure to maintain ownershi.p or a lease on the subject property for thirteen years
following the date of contract completion shall constitute a breach of this Contract.
Pursuant to the terms of this Contract and RCW 27.34.330, if the Grantee is found fo be
in breach of this Gontract,the Grantee shall repay to the state general fund the principal
amount of the grant plus interest calculated at the rate of interest on state of
Washington general obligation bonds issued most closely to the date of authorization of
the grant.
c. The AGENCY maintains right of entry for thirteen (13)years from the date of contract
completion to ensure continued compliance with this Contract. The GRANTEE w'ill be
monitored for conti.nued property control and project outcomes as described in the
contract statement of purpose. Monitoring tools appropriate to the project purpose will
be determined during the project closeout process and declared in writing from the
AGENCY to the GRANTEE. Monitoring tools may include, but are not limited to,
reporting of annual metrics as declared in the project closeout letter,scheduled and
unscheduled site visit:s,or requests for images for publication. During the monitoring
period,the GRANTEE may request mitigation of monitoring tools to support enhancing
the public benefit provided by the GRANTEE.
9. REAPPROPRIATION
The parties hereto agree and understand that any state funds not expended and b'illed by end of
the biennium,June 30, 2019,will lapse on that date unless reappropriated by the Washington
State Legislature. If funds are so reappropriated,the AGfNCY's obligation under the terms of
this Contract shall be contingent upqn terms of such reappropriation. GRANTEE may not rely to
its detriment upon use of funds not properly billed or not approprieted. The GRANTEE shall be
Approved as to form by the Attorney GeneraJ�S off«e z/�/zo�s. Page 2 of 3
allowed only two requests for reappropriation of the funds awarded in this Contract. Approval
of such requests is not guaranteed.
10. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Contract are subject to this Contract, which
include the following attachments, and which are made a part of this Contract:
ATTACHMENT A(GENERAL PROVISIONS)
ATTACHMENT B (PROJECT SCOPE OF WORK)
ATTACHMENT C(PURPOSE OF PROJECT)
ATTACHMENT D(PROJECT BUDGET)
ATTACHMENT E (SOURCE OF AVAILABLE FUNDS)
ATTACHMENT F(CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS)
ATTACHMENT G (PROPERTY PARCEL NUMBER(S)AND LEGAL DESCRIPTIONS)
ATTACHMENT H (LEASES, CONTRACTS, AND AGREEMENTS)
11. ENTIRE CONTRACT
This Contract, including all attachments,constitutes the entire agreement between Agency and.
Grantee and supersedes all previous written or oral agreements or understandings between the
Agency and Grantee related to this Contract.
This Contract may be amended as set forth in the Contract Modifications in Attachment A.
12. CONTRACT REPRESENTATIVES
The GRANTEE's representative shall be the contact person for all communications and billings
regarding the performance of this Contract. The GRANTEE's representative shall be:
Patricia Cosgrove, Director
White River Valley Museum, City of Auburn
25 West Main Street
253-288-7437 pcosgrove@auburnwa.gov
The AGENCY's representative shall be the contact person for all communications and billings
regarding the performance of this Contract. The AGENCY's representative shall be:.
Lissa Kramer, Heritage Capital Projects Manager
Washington State Historical Society
1911 Pacific Avenue,Tacoma WA 98402
253-798-5909 Iissa.kramer@wshs.wa.gov
(..„.........._
13. SIGNATURES
'5611.'\44416
J nifer Kilmer ancy Bac 9
xecutive Director Mayor
Washington State Historical Society City of Auburn
V/-400 /Z ZP
w.-1 _ 12 Federal Tax ID
MAR l U 901R
Date Date
Approved c,s to f^_,m by the/.ttn,Irrey Generol's Office 2/7/2018. Page 3 of 3
19=10
ATTACHMENT A
GENERAL PROVISIONS
CONTENTS
A. HEAD/NGS AND DEFINITIONS 2
__ ..
1, Headings__ 2
2. De�nitions 2
8. 6ENE1tAL CONTRACT TERMS 3
1. Order of Precedence 3
2. Contract Modifcations 3
3. No Waiver 3
C. PERFORMANCE AND GENERAL RESPONSIBIUTIES 4
1. Nonassignability 4
2. Independent Capacity of Grantee _ 4
3. Ownership of Project/Capital Improvements 4
4. Hold Harmless 4
5. Acknowledgement __ __ , 4
6. Ethia Compliance . 4
7. Public Disclosure/Confidentiality 5
D. COMPLIANCE WITH LAWS, RECORDS,AND INSPECTIONS S
i. Compliance with Applicable Law 5
. _
2. Records,Reports,and AuditS 5
3. Right of Entry 6
4. Evaluation and Monitoring _. _ 6
5. Hazardous Substances 6
6. Governor's Executive Order OS-05 6
7. Prevailing Wage Law - _ 6
8. Industrial Insurance Coverage - 6
9. Nondiscrimination Provision �
E. FUND/NG REIMBURSEMENT AND BUDGET �
i. Reimbursement - - �
2. Recaptu�e of Funds _ �
3. Reduction in Funds -- 8
F. TERMINATION AND DISPUTES 8
1. Dispute Re.solution 8
2, Termination or Suspension for Cause 8
3. Termination for Convenience 9
4. Termination for Fraud or M.isrepresentation 9
5. Termination Procedures 9
6. Governing Law and Venue 10
7. Severability _ 10
Page 1 of 10
Approved as to form by the Attorney General's Office 2/7/2018.
- _
A. HEADINGS AND DEFINITIONS
1. Headings
Headings used i.n this Contract are for reference purposes only and shall not be considered a
substantive part of this Contract.
2, Definitions
AGENCY-the Washington State Historical Society.
Authorized Representative-an elected or appointed officer of the corporation or agency,or
alternate designated in writing by the GRANTEE's governing authority,who acts officially on
the GRANTEE's behalf:
Authorized Si�natorv-an executive officer of the corporation or agency's governing
authority designated to sign contracts on behalf of the GRANTEE.
Cash match-money from the grantee organization or from other sources,which can include
grants from foundations, nonstate governmental agencies, individuals,corporations, and
others.
Cost share-those costs, including cash and in-kind,that the grantee will incur from its own
resources or from other cooperating organizations to complete the project described in the
Contract.
Date of�rant authorization-the date the Washington State Legislature initially appropriated
funds for the projeet.
Date of contract authorization-the last date of an authorized signature on the Contract
Form.
Date.of contract completion-the date of the project closeout letter from the Agency wh.ieh
initiates the thirteen (13)year monitoring period.
GRANTEE-the applicant that h.as been awarded a grant of funds and is bound by this
executed Contract, including any offieers,employees,or agents lawfully representing the
GRANTEE.
Herita�e or�anization-a group whose purpose is to collect, presenre, or interpret history,
heritage, and culture.
Herita�e capital proiect-project that involves the physical plant of a heritage organization,`a
historic Iand.scape, archaeological site, historic ship, locomotive, airplane,other
transportation conVeyance, qr acquisition of a property for protection and stabil.izafion of
heritage resources or by a heritage organization for purposes of new construction.
In-kind eontributions-contributions to a project that are not part of cash match. May
include materials and supplies, professional consultation, legal and accounting services
specifie to the project, architectural design fees, and volunteer labor:
Local�overnment a�encv-city or county agency, port district, or public development
authority.
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Approved as to farm by the Attorney General's Office 2/7/2018.
Nonprofit or�anization-organization incorporated under the nonprofit laws of the state of
Washington and holding a 501(c)(3)tax determination from the IRS. ^
Other entitv-As authorized by RCW 27,34.330,an entity that meets all criteria for Heritage
capitol project funding and can be considered for a grant award at the discretion of the
Washington State Historical Society
Real propertv value-fair market value of real property when sueh property is acquired solely
for the purpose of a heritage capital project. Evidenced by a current fair market appraisal
performed by a qualified, professional real estate appraiser.
Total qroiect costs-include, but are not limited to,the amount sought from the fund and
what the applicant will provide as cost share.
B. GENERAL CONTRACT TERMS
1. Order of Precedence
The items listed below are incorporated by reference herein. In the event of an
inconsistency in this Contraet,the inconsistency shall be resolved by giving precedence in
the following order.
1. Applicable federal and Washington State statutes and regulations
2. State executive orde�s
3. Terms and conditions of this Contract
4. ATTACHMENT A(GENERAL PROVISIONS)
5. Other attachments or material incorporated by reference.
2. Contract Modifications
a) This Contract may be modified by mutual agreement of the parties. Such
modifications shall not be binding unless in writing and signed by both parties prior
to implementation of the modifications. Any oral understanding or agreement not
incorporated herein shall not be binding.
b) Budgei modification by the GRANTEE of not more than ten (10) percent of any line
item or com6ination of line'ifems from the Project Budget(Attachment B) is
excepted from subsection 2(a). Modifications that increase a line item must be
offset by reductions in other line items so there is no increase to the total amount
available to the GRANTEE in this grant.
c) The GRANTEE shal.l notify the A.G_ENCY in writing prior to making any budget
modification or combination of budget modifications that would exceed ten (10)
percent of any line item. Budget modifications exceeding ten (10) percent of any
line item or combination of line items constitutes a Contract Modification and must
be approved by both parties in writing prior to implementation of the modification.
3. No Waiver
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of
this Contract unless stated to be such in writing signed by the authorized representatives of
the AGENCY and the GRANTEE.
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Approved as to form by the Attorney Gerreral's Office 2/7/2018.
C. PERFORMANCE AND GENERAL RESPONSIBILITIES
1. Nonassignability
Neither this Contract nor any claim arising under this Contract shall be t:ransferred or
assigned by the GRANTEE without written permission from the AGENCY.
2. Independent Capacity of Grantee
The parties intend that an independent relationship will be created by this Contract, The
GR.ANT€E and its employees or agents performing under this Contract are not employees or
agents of the A.GENCY. The GRANTEE and its employees or agents will not hold themselves
out as nor claim to be officers or employees of the AGENCY or of the State of Washington by
reason of this Contract and will not make any claim,demand,or application to or for any
right or privilege which would accrue to such employee under law. Conduct and control of
the work will solely be with the GRANTEf.
3. Owne�ship of Project/Capital Irnprovements
The AGENCY makes no claim to any real property improved or constructed with funds
awarded under th.is Contra.ct and does not assert and will not acquire any ownecship
interest in or title to the capital facilities and/or equ.ipment constructed or purchased with
state funds under this Contract. This provision does not extend Lo claims that the AGENCY
may bring against the GRANTEE in recapturingfunds expended in violation of this Contract.
4. Hold Harmless
To the extent permitted by law,the GRANTEE shall defend, protect,and hold harmless the
State of Washington and the AGENCY, its employees, agents,officers,and assigns from and
against all claims, suits, or actions arising from the GRANTEE's acts or omissions and those of
its employees,officecs, and agents, including those which are libelous or slanderou.s, which
result in injury to persons or property,which violate a right of confidentiality,or which
constitute an infringement of any copyright, patent,trademark,or tradename through use
or reproduction of material of any kind. The GRANTEE shall be required to indemnify,
defend, and hold harmless the State only to the extent the claim is caused in whole or in
part by negligen.t acts or omissions of the GRANTEE.
The GRANTEE waives its immunity under Title 51 RCW(Industrial Insu.rance)to the extent
required to indemnify, defend,and hold harmless AGENCY,the state of Washington and
agencies,officials,agents,or employees of the state.
5. Acknowledgement
The GRANTEE shall announce in its publicity materials, on a posted sign during the project,
and on a permanent marker that the State of Was.hington is a source and the Washi.ngton
State Nistorical Society the administrator of these funds unless such requirement is modified
or waived in wrifing by the AGENCY.
6. Ethics Compliance
The AGENCYmay, by written notice to the GRANTEE,terminate this Contract if it is found
after due notice and examination by fhe AGENCY that there is a violation of the Code of
Ethics for Municipal Officers(Chapter 42.23 RCW)or any similar statute in�olving the
GRANTEE in the procurement of,or the performance under,this Contract.
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Appraved os to farm by the Attorney General's Offrce 2/7f2018.
7. Public Disclosure/Confidentiality
a) The GRANTEE acknowledges that the AGENCY is subject to the Public Records Act
(Chapter 42:56 RCW),and that this Contractshalt be a public record as defined. Any
specific i.nformation that is claimed by the GRANTEE to be confidential or
proprietary must be clearly identified as such by the GRANTEE. If a request is made
to view the GRANTEE's information marked as confidential,the AGENCY wil) notify
the GRANTEE of the request and the date that such records will be released to the
requestor unless the GRANTEE obtains a court order enjoining that disclosure. If the
GRANTEE fails to obtain the court order enjoining disclosure,the AGENCY will
release the requested informafion on the date specified.
b) The GRANTEE shall not use or disclose any information concerning the AGENCY, or
information which may classified as confidential for any purpose not directly
connected with the administration of this Contract except(1)with prior written
consent of the AGfNCY,or(2)as may be required by law.
D. COMPLIANCE WITH LAWS, RECORDS,AND INSPECTIONS
1. ComPliance with Applicable Law
a) The GRANTEE agrees to be aware of,and comply with,all applicable and current
federal,state,and local laws, regulations,and policies. The GRAIVTEE's confirmation
of this requirement is contained in ATTACHMENT F(CERTIFICATION OF AGREEMENT
TO FOLLOW ALL LAWS). AGENCY is not responsiblefor determining compliance.
b) I.n.the event of the GRANTEE's noncompliance or refusal to comply with any
applicable law or policy,the Contract may be suspended or terminated in whole or
in part, and the GRANTEE a.nd the project may be declared ineligible for further
grant awards from the AGENCY.
c) The GRANTEE further agrees to indemnify and hold harmless the AGENCY from all
liability,damages,and costs of any nature including but not limited to costs of suits
and attorneys'fees assessed against the AGENCY,as a result of the failure of the
GRANTEE to so comply.
2. Records, Reports, and Audits
a) The GRANTEE shall maintain books, records,documents, and other evidence of
accounting procedures and practices that sufficiently and properly reflect all direct
and indirect costs of any nature expended in the performance of this Contract.
These records shall be subject at all reasonable times to inspection, review,or audit
by personnel duly authorized by the AGENCY,the Office of the State Auditor, and
federal officials so authorized by law, rule, regulation, or Contract. The GRANTEE.
will retain all books, records,documents, and other materials relevant to this
Contract for six years after full termination or expiration of this Contract;which
includes the thirteen (13)year monitoring period that begins on the date of the
closeout letter at contract completion, and make them available for inspection by
persons authorized under this provision. If any litigation,claim,or audit is started
before the expiration of the six(6)year period,the records shall be retained until all
litigation,claims,or audit findings involving the records have been resolved.
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Approved as to form 6y the Attomey General's Office 2/7/2025.
b) The GRANTEE shall comply with all auditing requirements, including audit
requirements for the expenditure of more than $100,000 or more in total state
funds in a fiscal year, if applicable.
3. Right of Entry
The GRANTEE shall provide right of access of its facilities to the AGENCY or to any of its
officers,or to any other authorized agent or official of the state of Washington or the
federal government at all reasonable fimes,in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Contract.
4. Evaluation and Monitoring
a) The GRANTEE shall cooperate with and fully participate in any monitoring or
evaluation activities conducted by the AGENCY that are relevant to compliance with
this Contract, including providi.ng initial and updated project plans for AGENCY
review and approval and facilitating record production and periodic site inspections.
b) The GRANTEE shall provide the AGENCY with digital images and narratives that
depict the progress made on the project. Such images will be used by the AGENCY
to support reimbursement requests and to inform the public about the grant
- program on the web and elsewhere. Images and narratives shall be provided with
each request for reimbur"sement.
5. Hazardous Substances
The GRANTEE will defend, protect, and hold harmless the AGENCY, and any and all of its
employees and/or agents,frorn and against any and all liability, cost(including but not
limited to all costs of defense and attorney's fees),and any and all loss of any nature from
any and all claims or suits resulfing from the presence of,or release or threatened release,
of hazardous substances as defined in RCW 70.105D.020,on the property covered by the
Contract.
6. Governor's Executive Order 05-05
The GRANTEE shall comply with Governor's Executive Order 05-05. In the event that
historical or cultural artifacts are discovered at the project site during construetion,the
GRANTEE shall immediatelystop construction and notify the local historical preservation
officer and the state historical preservation officer at the Washington State Department of
Archaeology and Historic Preservation.
7. Prevailing Wage Law
The project funded under this Confract may be subject to state Prevailing Wage law(RCW
39.12). The GRANTEE is advised to consult with the Industrial Statistician at the Washington
State Department ofilabor and Industries to determine whetherprevailing wage must be
paid. The AGENCY is not responsible for determining whether prevailing wage applies to
this project or for any prevailing wage payments that may be required by law.
8. Industrial Insurance Coverage
The GRANTEE shall comply with all applicable provisions of Title 51 RCW(Industrial
Insurance).
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Approved as to fa�m by YhE�Attnrney Genera!'s Office 2/7/2018.
9. Nondiscrimination Provision
a) During the performance of this Contract,the GRANTEE shall abide by all applicable
federal and state nondiscrimination laws and regulations, including but not limited
to Washington's L.aw Against Discrimination (RCW 49.60)and the Americans with
Disabilities Act(42 U.S.C. 12101 et.seq.).
b) In the event of the GRANTEE's noncompliance or refusal to comply with any
nondiscrimination law, regulation,or policy,this Contract may be suspended or
terminated in whole or in part,and the GRANTEE may be declared ineligible for
further Contracts with the AGENCY. The GRANTEE shall, however, be given a
reasonable time in which to remedy in accordance with the "Dispute Resolution"
procedure set forth in Section 25 of this Contract Attachment.
E. FUNDING REIMBURSEMENT AND BUDGET
1. Reimbursement
a) Payment to the GRANTEE shall be made on a reimbunsement basis only,for eligible
costs incurred, using forms provided by the AGENCY. Reimbursement shall be
allowed for(1)actual costs incurred and paid. No advance payments shall be made
to the GRANTEE. Purchases of goods will be reimbursed upon receipt,and services
will be reimbursed upon completion of work.
b) Each request for reimbursement shall include a state voucher form and digital
images and a narrative report describi.ng the work completed and the status of the
project. The reimbursement request shall not include any costs already reimbursed
by or charged against any other grant or other source. The voucher must be
certified by an official of the GRANTEE with the authorify bind the GRANTEE.
c) After receiving and approving the voucher and accompanying information,the
AGENCY shall promptly remit a warrant to the GRANTEE. The obligation of the
AGENCY to pay any amount(s) under this Contract is expressly conditioned upon
compliance with the terms of this Contract by the GRANTEE.
d) The expenditure of state funds shall not exceed the intended state share of Lhe total
cost of the project at any time,and shall be consistent with the Legislative
appropriation.
e) The final request for reimbursement under this Contract shall be submitted by the
GRANTEE to the AGENCY within fifteen (15)days following the completion of the
work or other termination of the Contract and be accompanied by a final narrative
report and digital images of the completed projeet.
2. Recapture of Funds
In the event that the GRANTEf fails to expend state funds in accordance with state law and/
or the provisions of this Contracf,the AGENCY reserves the right to recapture state funds in
an amount equivalent to the extent of noncompliance. Repayment by the GRANTEE of state
funds under this recapture provision shall occur within thirty(30)days of demand. In the
e�ent that the AGENCY is required to institute proceedings to enforce this recapture
provision,the AGENCY shall be entitled to its cost thereof, including reasonable attorneys'
fees.
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Approved as to form by the Attorney GeneraPs Office 2/7/2�18.
3. Reduction in Funds
In the event state funds appropriated for the work contemplated under this Contract are
withdrawn, reduced, or limited in any way by the Governor or the Washington State
Legislature during the Contract period, the AGENCY may suspend or terminate the Contract
under the Termination for Convenience clause without advance notiae,subject to
renegotiation at the AGENCY's discretion, under those new funding limitations and
conditions.
F. TE.RMINATION AND DISPUTES
1. Dispute Resolution
a) The parties shall make every effort to resolve disputes arising out of or relating to this
Contract through negotiation.
b) Except as otherwise provided in this Contract, when a dispute arises between the
parties and it cannot be resolved by direct negotiation, either party may request a
dispute hearing according to the process set out in this Section. Either party's request
for dispute hearing must be in writing and clearly state:
1. The disputed issue(s),•
2. The relative positions of the parties; .
3. The GRANTEE's name,address,and project title.
c) In order for this Section to apply to the resolution of any specific dispute ordisputes,
the other party must agree in writing that the procedure under this Section shall be
used to resolve those specific issues. The dispute shall be heard by a panel of three
persons consisting of one person selected by the GRA.NTEE, one person selected by
the AGENCY, and a third person chosen by the two persons initially appointed.
d) Any hearing under this Section shall be informal, with the specific processes to be
determined by the dispute panel according tg the nature and complexity of the issues
involved. The process may be solely based upon written material if the parties so
agree. The dispute panel shall be governed by the provisions of this Contract in
deciding the dispute(s).
e) The parties shall be bound by the decision of the dispute panel, unless the remedy
directed by that panel is outside the legal authority of either or both parties to
perform as necessary,or is otherwise unlawful.
f) Request for a dispute hearing under this Section by either party shall be delivered or
mailed to the other party. The request shall be delivered or mailed within thirfy(30)
days of the date the requesting party has received written notice of the action or
position of the other party that it wishes to disp:ute. The written agreement to use
the process under this Section for resolution of those issues shall be delivered or
mailed by the receiving party to the requesting party within thirty(30)days of receipt
by the receiving party of the request.
g) All costs associated with implementation of this process shall be shared equally by
the parties.
2. Termination or Suspension for Cause
a) In the event the AGENCY determines the GRANTEE has failed to comply with the
conditions of this Contract the AGENCY has the right to suspend or terminate the.
Page 8 of 10
Approved as to form by the Attorney Genera!'s OfJice Z/7/2018.
Contract. Before suspending or terminating the Contract,the AGENCY shall notify
the GRANTEE in writing of the need to take correcfive action. If corrective action is
not completed within 30 days of receiving notice,the Contract may be terminated
orsuspended.
b) In the event of termination or suspension for cause,the AGENCY may require the
GRANTEE to repay all or ariy p.ortion of the state funds paid to the GRANTEE prior to
termination.
c) The AGENCY may enforce this Contract by the remedy of specific performance,
which includes, but is not limited to,completion ofthe projectas described in this
Contract. However,the remedy of specific performance shall not be the sole or
exclusive remedy available tothe AGENCY. No remedy available to the AGENCY
shall be deemed exclusive. The AGENCY may elect to exercise any combination,or
all of the remedies available to it under this Contract, or Under any provision of law;
common law, or equity.
3. Termination for Convenience
a) Notwithstanding any provisions of this Contract,either party may terminate this
Contract by providing the other party with written notice of such termination,
speeifying the effective dafe thereof,at least thirty(30)days prior to such date.
b) In the event this Contract is ter.minated,the GRANTEE shall be reimbursed for
eligible expenses incurred prior to the effectiVe date of such termination and not
otherwise paid for by the AGENCY, as the AGENCY reasonably determines.
4. Termination for Fraud or Misrepresentation
In the event the GRANTEE commits fraud or makes any misrepresentation in connection
with the grant application or during the performance of this Contract,the AGENCY reserves
the right to terminate or amend this Contract accordingly, including the right to recapture.
all funds disbursed to the GRANTEE u.nder the grant.
5. Termination Procedures
a) After receipt of a notice of termination,except as otherwise directed by the
AGENCY,the GRANTEE sh.a.11:
i. Stop work under the Confract on the date,and to the exfent specified, in
the notice;
ii. Place no further orders or sub-grants for materials, services, or facilities
related to the Gontract•
iii. Preserve and transfer any materials, Contract delive.rables and/or AGENCY
property in the GRANTEE's possession as directed by the AGENCY.
b) Upon termination of the Contract,the AGENCY may pay the GRANTEE for any service
provided by the GRANTEE under the Contract prior to the date of termination, unless
the AGfNCY reasonably defermines in its sole discretion that the amount due is
necessary to protect the AGfNCY against potential loss or liability resulting from the
termination. The AGENCY shall pay any withheld amount due up to the date of
termination to the GRANTEE if the AGENCY later determines that a loss or liability will
not occur. GRANTEE shall not be paid for any work done after the termination date.
Page 9 of 10
A�aproved as to form by the Attorney Genera!'s Office 2/7/2018.
b) The rights and remedies of the AGENCY under this Section are in addition to any
other rights and remedies provided under this Contract or otherwise provided
under law.
6. Governing Law and Venue
This Contract shall be construed and enforced in accordance with, and the validity and
performa.n.ce hereof shall be governed by,the laws of the state of Washington. Venue of any
suit between the parties arising out of this Contract shall be the Superior Court of Thurston
County, Washington. The GRANTEE, by execution of this Contract acknowledges the
jurisdiction of the courts of the State of Washington.
7. Severability
If any provision of this Contract or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of the Contract
which can be given effect without the invalid provision, if such remainder conforms to the
requirements of applicable law and the fundamental purpose of this Contract, and to this
end the provisions of thi.s Contract are declared to be severable.
Page 10 of 10
Apprnved as to.form by the Attorney Genera!'s Office 2/7/2018.
19-10
ATTACHIVIENT B
PROJECT SCOPE OF WORK
PROJECT SCOPE OF WORK NARRATIVE
This projec#is to improve the area adjacent to the White River Valley Museum, inciuding new roadway
access, parking,exterior lighting and walkways, program„mable heritage classroom,outdoor interpretive
artwork,and a roundhouse inspiced, programmable amphitheater with train play sculpture.
MATCH (2016/2017):The existing dark enclosed Museum lobby was removed and replaced with a glassed in
entry. It is an inviting spa.ce with doors awaitingvisitors walking from the newly extended entry drive(H
Street) parking;lights and sidewalks.The Museum exterior was painted:.H Street was extended
approximately 1000 feet,and parking was improved from 24 to 46 stalls.A new monument sign was
installed. �
HCP(2018/2019);A 795 square foot existing garage will be remodeled into a heritage enrichment classroom.
The a.rea directly outside the garage will be transformed into a roundhouse-inspired amphitheater with
phenolic resin interpretive labels telling the story of Au:burn's Northern Pacific Railway Yard,and a elimb-on
train engine to help direct attention and provid.e identity—also creating an outdoor exhibit.Complementing
the match funded work on the west and front of the Museum,a sculptured bird(s)(historically foun.d'in the
va_Iley)will be mounted as interpretive art and act as directional signage.A phenolic resin sign will interpret
Natiye water fowl hunting and lifestyles—again creating an outdoor exhibit.The sculpture will serve as a
visual eue to move visitors towards the new front doors of the fully renovated Museum.
PROJECT SCOPE OF WORK BY ARCH.ITECTURAL DIVISIONS
DIV 2 CONCRETE-Existing:concrete floor on grade,will lay down laminate flooring
DIV 4 MASONRY-Existing: 1/2 of walls are brick, 1/2 wood frame
DIV 6 WOOD, PLASTICS, &COMPOSITES-New; laminate counters and bathroom stall
DIV 7 TMERMAL&MOISTURE PROTECTION-Ezisting: no insulation or HVAG;will bring up to code for occupied
space
DIV 8 OPENINGS-Existingc 2 wooden garage doors,replace with glass doors
DIV 9 FINISHES-paint interior and exterior
DIV 10 SPECIALTIES-Existing:brick wall facing road,will mount interpretive art&labels
DIV 21 FIRE SUPPRESSION-Existingt fire extinguishers,will bring space up to code
DIV 22 PLUMBING-Existingc no plurnbing,will add toilet and two sinks
DIV 23 HVAG Existing: no HVAC,will add HVAC system to code
DIV 26 ELECTRICAL-Existing;overhead lights only,will add full electric.al systems
DIV 31 EARTHWORK-New:create roundhouse amphitheater, lights,gardens,and improve parking
DIV 32 EXT. IMPROVEMENTS-New:roundhouse amphitheater, interpretive art, labels&signage
OTHER WORK IMPROVEMENTS-New: purchase t:ables,chairs&commission climb-on train
CERTIFICATION
The GRANTEE,by its signature;certifies that the Project Scope of Work set forth above has been reviewed
and approved by the GRANTEE's governing body or board of directors,as applicable,as of the date written
below. The GRANTEE shall make all plans and documents funded in whole or in part by this contract
available to the AGENCY upon reasonable request.
Nancy 6ackus
Mayor, City of burn
MAR 19 �018
Date
Appraved as to fnrm by the Attorney Ge�rerat's OfCice 2/7/2018.
19-30
ATTACHMENT C
PROJECT PURPOSE
PROJECT PURPOSE
When these projects are complete,the SW corner of a city park will be renovated with accessible drives,
sidewalks,exterior lighting and parking.:A relatively hidden, dark, and uninviting museum building will
be bright and inviting,with signage and sculptural identifiers and e.xterior exhibits that will entice and
lead visitors to the front door.
Patrons will enjoy a roundhouse-inspired amphitheater and read beautiful graphics about Auburn's
railroadi.ng and history.Their children will want to return to the climb-on t:rain which draws parents to
the Museum.The Museum's capacity will growto accommodate 90 students at a time on field trips—
which it hosts a lot of, as well as outdoor summer programs and indoor heritage-themed family
activities.With the greatly renovated park,guests will find the Museum easily by well-designed signs off
of Auburn Way South;they will park in an attractive, newly renovated parking lot and be directed by
artwork to a glassed-in lobby that t:antalizingly shows some of the wonders that visitors can ezper'ienee.
Once inside, new paint and carpets greet the visitor who will discover a gem of a community heritage
museum.
CERTIFICATION
The GRA.NTEE, by its signature,certifies that the express purpose of the grant as described in Project
Purpose set forth above has been reviewed and approved by the GRANTEE's governing body or board of
directors,as applicable,as of the date written below.
Nan y Baekus
Mayor, City of A . urn
MAR 19 2ot8
Date
Page 1 of 1
Approved os to form by the Attorney Genera!'s Office 2/7/2018.
19-10
ATTACHMENT D
PROJECT BUDGET
:e� a� —�-�'�,.�- `��^ � � .. - `� '� a ' =a ` ��� �4
�,� �����r�.ti,�}���+�� �� �� � ��C�antee�Cost�Shar�� HCy�F�� ,� ���`otals�� .�� �° � �
t� ��1r�.S1 G°d�re�tQi�j e� ��`�s G '� �,:,��-rr�z- '��'z-xr�+�wi "x l : o+�� ��`'Y��'..��`�'�'� �'� �p�'ge �:�'
.::.u... iu.e�., ..�...�...,�,�.,...,.. _� "' �
� � ��� �„ .m �` �.. �,.
� � '��� ����� ��� ,��� , � Cas_ �llat�h In t����� � m�� Gran�F'�y.,� � �.��,��� �����
,� � _
_--
Project Staff 0 24,999 , ;���� � ����� 24,999
Architecture/Engineering 16,333 8,000 6,200 30,533
Consfruction/Re_habilitation 1,075,000 0 283,630 1,358,630
Property Acquisition 0 0 0 0
Bridge Loans 0 0 0 0
Equipment 0 0 0 0
Furnishings 0 0 12,232 12;232
Landscaping 0 0 111,705 111,705
Permanent Exhibits 16,500 0 35,897 52,397
Consultants 0 0 0 0
Integral Art Projects 0 0 29,516 29,516
LEED Silver Certification 0 0 0 0
_ -- -----_
Project Travel Costs 0 0 0 0
Site Work , 0 0 0 _ 0
i$�' 3 �V��� 0�� V{� ��' �� O
Pre-design �N��.. �� � �� �� _ :� �� ,�
- � am �
Valu:e.of lease ��1 �� ��� ' � 0
COST SHARE SUBTOTALS 1,107,833 32,999 1,140,832
Rei'mbursable Costs 479,180 479,180
___._ _
HCP Administration—3% 14,820 14,820
}� � �` � � ��� � � ��' ` �� � 1 140 832 "��3 �494`�U00�""w t V1620 012
�
TOTALS ,' '
�_�,.� .��.,_�.,_.�.x, r � ��..,, , �.���-.� �✓s.. � �t_ _w �i�._�.� ,i.__ %�.a.�.
% O F TOTA L 68% 2% 30% 100%
CERTIFICATION
The GRANTEE, by its signature, certifies that the express purpose of the grant as described in Project
Purpose set forth above has been reviewed and approved by the GRANTEE's governing body or board of
directors, as applicable,as of the date written below,and that the total GRANTEE cost share required for
the pro' ct shall be received and expended by June 30, 2019.
Nancy Backu
Mayor, City o uburn
MAR 19 201g
Date
Page 1 of 1
19-10
ATTACHMENT E
SOURCE OF AVAILABLE FUNDS
�w>a � s��r � �� r�ry�n": �- K^,s,u qV�I� y ; � f rs� �� �� �'�� �'� ^�^m�x,�-�a�s��a�x ,�, � --��,� �- � .
�, '� i��{� a ai,ii ii� � t r a� 8 t .'�� � ti T `� '�1� ��' G '� ,� d�r.f
!,� k�����3�%*: �'!S-�V6�#a'�'��k' �a .m'��!�mW���9P�;�Ca"��'v�li#���'�� P�m;�������s+�. '�'A���N„ln���tiiotr�r!t.P��x_&.1"�,.,�����u�
GRANTEE's FUNDS Cash Match
_ _ _
City of Auburn funding sp_ent, work complete as of 2/2018
1 075,000.00
--pa.rk renovation around museum buildings, $ ,
_
--design by Berger Partnership of renovation.s around museum $ 16,333.00
_
GRANTEE's FUNDS(In-kind Contributions
--Project manager, P Cosgrove, 520 hours $ 24:999•00
� tic t .. I P' : tl il�i,a',E��h , N . I „,'�n',yk'� � ��ab, F I�llu "�" .,,,�N�M S- jF . �T v
� �.����..._ _.��. ' � ��� �� r � ti��,k �`$'" �,�.� .ww� _. �;1r116,332 00�;
TOTAL�RANTEE FUNOS(C�st Share� � � , � �,
TOTAI:GR�4NT�FUI�DS�`�Le islati�e=Appro riatio�n)� � ���' � � $ ° �.„�,,� �t���494,000 00"�����
��„� �� .��,� ��ti .� � _.� �- �
GRANI'EE T�TAL P,,�,,RQJEC�T FIJNNDS;�AV.i41LL�ABLE"' X"u,°��.,�. ' , .,.$`:...�,__�.,_;_'�.�_�� .°���1;,61Q,332 00;
CERTIFICATION
The GRANTEE certifies the Source of Available Funds have been reviewed and approved by the
GRANTEE's governing body or board of directocs as of the date written below.
By so doing,the GRANTEE certifies that 75%of these funds are in hand at by the date below
and that the remaining 25%will be in hand byJune 30, 2019.
All match funds are committed in writing from respective sources and are available, and will
remain committed and available solely and specifically for carrying out the project as described
elsewhere in this contract: Cash match and in-kind match funds are regarded as funds
restricted for use solely for the contract project purposes and are committed as such in the
GRANTEE's accounting.
The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to
the committed funds, and shall make such records available for the AGENCY's review upon
request.
Nancy Backu
Mayor,City o uburn MAR 19 201g
Date
Page 1 of 1
19-10
ATTACHMENT F
CERTIFICATION OF AGREEMENT TO FOLLOW ALL LAWS
CERTIFICATION
The GRANTEE, by its signafure,certifies that it shall be aware of and comply with all applicable and
current federal,state, and local laws, regulations;policies,as now or hereinafter amended including, but
not limited to those related to:
• Governor's Executive Order 05-05(regarding prior preservation review and ongoing
consultation by the state and concerned tribes for any capita/projects or land acquisition
projects for the purpose of capital construction)
• Prevailing Wage Law- RCW 39.12
m Hazardous Substances- RCW 70.105DIndustrial Insurance- RCW 51
• Washington Law Against Discrimination- RCW 49.60
o Americans with Disabilities Act-42.U.S.C. 12101 et.esq.
e High Performance Public Buildings(LEED)- RCW 39.35D
Nancy Backus
Mayor, City of A rn
MAR 1 9 2018
Date
�
Page 1 of 1
A�praved as Co form By Che Attorney Genera!'s Office 2/7/Z�IB.
19-10
ATTACHMENT G
PROPERTY PARCEL NUMBER(S)AND LEGAL DESCRIPTION(S)
For all projects:
Permanent Address: 918 H Street SE,Auburn WA 98002
Historic Designation(if applicable): None
Washington State Legislative District#: 30
GPS Coordinates: Latitude:47.2994381, Longitude-122.2186758
Parcel#: 1921S9S81
Legal Description:
Museum Park-PCL A OF AUBURN LLA#BLA08-0018 REC#20090120900004 SD LLA BEING LOGATED IN
NW 1/4 OF NE 1/4 OF SEC 19-21-5 TGW A SMALL TRIANGLE IN NE 1/4 OF NW 1/4 OF SD SEC LY NLY OF
&ADJ TO AUBURN WAY S.
Museum Bwilding- PCL A OF AUBURN LLA#BLA08-0018 REC#20090120900004 SD LLA BEING LOCATED
IN NW 1/4 OF NE 1/4 OF SEC 19-21-5 TGW A SMALL TRIANGLE IN NE 1/4 OF NW 1/4 OF SD SEC LY NLY
OF&ADJ TO AUBURN WAY S
For vessels or other fixed assets(adapt as neededJ:
Vessel Name: NA
Legal Owner: City of Auburn
Year Built:
Home Port: NA
U.S. Registry#: NA
Vessel5ervice: NA
CERTIFICATION
The GRANTEE, by its signature,certi�es that the information set forth above, including property parcel
number(s)and legal description(s), have been reviewed and approved by the GRANTEE's governing body
or board of directors,as applicable, as of the date written below.
Na cy Baek
Mayor, Cify o uburn
;MAR 1 9 2Q18
Date
Page i of i
Approved as to fnrm by the Attorney Genera!'s Office 2/7J2a18.
19-10
ATTACHMENT H
LEASES,CONTRACTS,AND AGREEMENTS
�s t�,�d; : s,,araY�i e ��i i�I� !. i�i �'�SNa�".,`�.s '� ry, yi�i 71T j�:i ��i lit hi�a i�A��� � � i ( „�}i �rt s�� ��iil� I II�.,;7 1'����4� �,",� d ..
',. `�g.� �-.� � .ii��li�t � �' h '����`��" �b��L/a`Prr�l l���ii �I � (� i i D�4�.Y/="s�' r iii S��) �h ea�1 . �i�
Document�7ttle� � ' �� Parties���'' ��,� `' ��� , � � � �� "� �`a�� ° �� ��Recdrdetl in�r,�
.���` � � � � ,e; �_ ,� � EXBCNdtl011+ �� �� ti � �Xpl!'atitOtl ' ��� ��'. i°� �
� ti � i,f.: ��i � ,., ,: . k"n, ,...i ..ti s.��. 9�h iPl.� t ., � .,»' '��'�, i , �k.a�..1.., v.s�..__.^..'� �
City of Auburn
Master Plan for the December 14,
Development of the City of Auburn 2015 None City of Auburn
Les Grove Park
Community Campus
City of Auburn
and White River
Lease Valley Historical August 20, 1971 August 21, 2070 City of Auburn
Society
Add additional lrr�es rf neeessary
CERTIFICATION
The GRANTEE, by its signature, certifies that the leases, contracts and agree.ments as described in the
grant application and defined above have been reviewed and approved by the GRANTEE's governing
body or board of directors,as applicable, as of the date written below.
The GRANTEE also eertifies that it has read and understands its obligation to hold the property for 13
years from the date of contract completion and to u.se the property for the express purposes of the
grant as set forth in this Contract.The Grantee further¢ertifies that it shall provide the AGENCY with
notice of any and all modifications or additions to all leases,contracts and agreements made during the
Contract Period of Performance or during the thirteen years following GRANTEE's cornpletion ofthe
project.
N cy Backu
Mayor, City o uburn
MAR � 9 �A18
Date
Page i of 1
!l�aprnved as to f ann ky Che Attarney GeneraYs Office 2/7/2D18.
19-10
ATTACHMENT H
LEASES,CONTRACTS,AND AGREEMENTS
_ , . � � � � � �
'z� . -` Date of� ' � � �`�Date of����"k ` � �p��� �'��
��Docurnent T�tle � � Parties� � �g ;�n� ����° `°� ` � � ��'��"��� ��� � ,Rec4r�ded m �
� ���p ���,,�� � � r��� � Exect�t�on w � ����,rEx�t� t�on �� ri�� „ ~" ,' ���
i�> �� ,.d..°hti.. �i�il�r1�I��Vh�I�Pa��ili i � ,�, G I.�i�.,.. .,4;.g"�."i�.��u.i.�w �?�w, � ii�'(�.s- �a4i����
City of Auburn
Master Plan for the
Development of the City of Auburn December 14, None City of Auburn
Les Grove Park 2015
Community Campus
City of Auburn
Lease and White River August 20, 1971 August 21, 2070 City of Auburn
Valley Historical
Society
Add additional lines if necessary
CERTIFICATION
The GRANTEE, by its signature, certifies Lhat the leases,contracts and agreements as described in the
grant appl.ication and defined above have been reviewed and approved by the GRANTEE's governing
body or board of directors,as applicable, as of the date written below.
The GRANTEE also certifies that it has read and understands its obligation to hold the property for 13
years from the date of contract completion and to use the property for the express purposes of the
grant as set forth in this Contract,The Grantee further certifies that it shall provide the AGENCY with
nofice of any and all modifications or additions to all leases,contracts and agreements made during the
Contract Period of Performance or duringthe thirteen years following GRANTEE's completion of the
project.
Na y Backus
Mayor, Cify of urn
MpR 1 9 �nt8
Date
Page 1 of 1
Appr�ved as to farm by the Attorney General's Office 2/712Q18•