HomeMy WebLinkAbout26-128 - Contract - Washington State Department of Natural Resources - Community Forestry Assistance Grant: Green Tukwila Restoration & Education ProjectDocusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
26-128
Council Approval 2/24/25
WASHINGTON STATE DEPARTMENT OF
110vi'll 0 V4 iNA 441111 :11
SUBAWARD AGREEMENT
This is a subaward of federal funds. Subrecipients are subject to the OMB guidance in subparts A through F of 2 CFR Part 200,
as adopted and supplemented by the USDA in 2 CFR Part 400.
The Washington State Department of Natural Resources (Agency/DNR) is the pass-through entity. This subaward is not being
made for the purposes of Research and Development (R&D).
DNR FUNDING INFORMATION
Program Index: 244
Competitive Grant
Project Code: GSA
❑ No ® Yes
Federal Award Identification Number
Request for Application (RFA) #: DNR 24-16
SUBRECIPIENT INFORMATION
Assistance Listing
City of Tukwila
10.727
6200 Southcenter Blvd
Federal Award Identification Number
Tukwila, WA 98188
23 -DG -11062765-080
Phone: (206) 433-1800
FAX: (206) 433-1833 = Finance Department
Email:.i..u............ila.(„riu ila\/1/A.gov
The purpose of this subaward is to assist SUBRECIPIENT's Parks and Recreation to implement a coordinated set of workforce
WA State UBI Number
Statewide Vendor Number
Taxpayer Identification Number/FEIN
179-000-208
SWV0018023-00
91-6001519
Unique Entity Identifier
Total amount of federal funds obligated to the subrecipient by DNR
UEQNMC26C8T3
$312,000
SUBAWARD INFORMATION
Subaward Number Amount obligated to this agreement Period of Performance
93-110862 1 $312,000 1 Date of execution through May 31, 2028
Match Required
0 No ❑ Yes
Indirect Rate
N/A
FEDERAL AWARD INFORMATION
Assistance Listing
Federal Awarding Agency
10.727
USDA, Forest Service
Federal Award Identification Number
Federal Award Name
23 -DG -11062765-080
Washington Urban and Community Forestry Inflation Reduction
Law State Funding
Federal award project description
The purpose of this subaward is to assist SUBRECIPIENT's Parks and Recreation to implement a coordinated set of workforce
development, forest restoration, and environmental education activities to improve urban forest health, expand tree canopy, and
increase equitable access to green career pathways and environmental learning opportunities in South King County. The project
addresses the impacts of invasive species, supports long-term ecological resilience, and strengthens community ownership and
stewardship of Tukwila's parks stem.
SUBAWARD AGREEMENT NO. 93-110862 Page 1 of 48
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This Subaward Agreement is made and entered into by and between the State of Washington,
Department of Natural Resources, hereinafter referred to as "DNR", and City of Tukwila, hereinafter
referred to as "SUBRECIPIENT".
1. PURPOSE
The intent of the program is to assist communities in developing urban forest planning,
programming tools, and activities that may not otherwise receive local funding. Projects are to
improve management, care, and public engagement with trees growing in parks, natural areas, and
along public rights-of-way. These projects address social and environmental disparities in
Washington communities by investing in community -identified urban forestry needs advancing
environmental, social, or public health outcomes.
The purpose of this subaward is to assist SUBRECIPIENT's Parks and Recreation to implement a
coordinated set of workforce development, forest restoration, and environmental education
activities to improve urban forest health, expand tree canopy, and increase equitable access to
green career pathways and environmental learning opportunities in South King County. The
project addresses the impacts of invasive species, supports long-term ecological resilience, and
strengthens community ownership and stewardship of Tukwila's park system.
SCOPE OF WORK
A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and
Conditions governing work to be performed under this subaward, the nature of the working
relationship between DNR and SUBRECIPIENT, and specific obligations of both parties.
B. Exhibit B, attached hereto and incorporated by reference, contains the Federal Subaward Terms
and Conditions governing work to be performed under this subaward, and specific subrecipient
obligations.
C. The scope of work/deliverables for this agreement will be produced by SUBRECIPIENT using
the Project Work Plan and Budget Template, attached hereto as Exhibit C and incorporated by
reference. The Project Work Plan and Budget shall be agreed by the Parties prior to the start of
any work, as reflected by the signatures of their respective Project Managers. SUBRECIPIENT
will provide services and staff and otherwise do all things necessary for or incidental to the
performance of work.
The Project Work Plan and Budget may be amended, as necessary and agreed by the Parties, to
account for changes in project details and/or budget using an amended Project Work Plan and
Budget.
Projects must be located on public property or be open to public access. Subaward funds may
not be used to meet ordinary maintenance and operating expenses.
D. SUBRECIPIENT shall include as deliverables the following written reports:
• Interim Reports (Twice yearly through the period of performance by the following dates:
July 1 and January 1). An interim report is also required with each invoice.
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• A completed Trees at Work (TAW) DNR Subrecipient Report to accompany every
invoice submission. Report templates will be provided by the DNR Project Manager.
• Final Report (with final invoice)
TAW, Interim, and Final Report templates will be provided by the DNR Project Manager.
E. With the Final Report, SUBRECIPIENT will provide as a deliverable a 400 to 500 -word article
telling the story of the project, including references to DNR, local project partners, location,
purpose, and outcomes, as well as two high quality images. This requirement maybe substituted
with approval of the DNR Project Manager.
2. PERIOD OF PERFORMANCE
The period of performance under this subaward will be from the date of execution through May 31,
2028, unless terminated sooner as provided herein.
3. AWARD
The total award payable to SUBRECIPIENT for satisfactory performance of the work under this
subaward shall not exceed Three Hundred Twelve Thousand Dollars ($312,000). SUBRECIPIENT's
compensation shall be based on the details set out in the Project Work Plan and Budget.
Expenses
No expenses are allowed under this subaward agreement.
Unallowable Costs
Payments made for costs determined to be unallowable by either the federal agency, or DNR, either
as direct or indirect costs, must be refunded (including interest) to the federal government in
accordance with instructions from the federal agency that determined the costs are unallowable
unless federal statute or regulation directs otherwise.
Treatment of Subrecipient Assets, Equipment
SUBRECIPIENT shall comply with the Exhibit A, 46. TREATMENT OF ASSETS, as well as the
following:
1. SUBRECIPIENT shall obtain prior written approval by DNR when purchasing property if
the cost is to be reimbursed as a direct item of cost under this subaward. This approval may
be accomplished by inclusion in the agreed Project Work Plan and Budget.
2. Disposition of Assets shall be treated in accordance with the requirement of 2.-C] R 2. .
Federal funding under this award is not available for reimbursement of SUBRECIPIENT's purchase
of equipment.
4. AUDIT REQUIREMENT
A SUBRECIPIENT with a total of $1,000,000 or more in federal expenditures during its fiscal
year (either received directly from the federal government, indirectly from a pass-through entity, or
a combination of both) must have a federal single audit conducted for that year in compliance with
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2. CFR 200 Saab.. artF (as updated). SUBRECIPIENT must provide a copy of the final audit report
to DNR within nine (9) months of the end of its fiscal year, unless a longer period is agreed to in
advance by the Federal agency identified in this section.
A SUBRECIPIENT that expends less than $1,000,000 during its fiscal year in federal awards is
exempt from federal audit requirements for that year, except as noted in 2„� �R 2"00..503, but
records must be available for review or audit by appropriate officials of the federal agency, DNR,
and Government Accountability Office (GAO).
DNR may suspend all reimbursements if SUBRECIPIENT fails to timely provide a single Federal
audit; further DNR reserves the right to suspend any and all Agreement(s) with SUBRECIPIENT
if such noncompliance is not promptly cured.
5. FUNDING ACKNOWLEDGEMENT
SUBRECIPIENT shall acknowledge DNR and USDA Forest Service support in any publications,
audiovisuals, electronic media, printed materials, signs, and other products developed as a result of
this subaward. Materials must be reviewed by DNR prior to publishing; follow direction in USDA
Supplemental 2-�]F]EZ-4.x.5...2.. All projects must include an acknowledgement of funding sources, and
may be recognized as follows:
"Funding for this project provided by the USDA Forest Service, Urban and Community
Forestry Program in partnership with State of Washington Department of Natural
Resources, Urban and Community Forestry Program. ”
SUBRECIPIENT must include the federal nondiscrimination statement in materials and products
developed. See Exhibit B — Federal Subaward Terms and Conditions.
Appropriate agency logos may be used in addition to the above statement and will be supplied to the
SUBRECIPIENT. Use of DNR logos must be reviewed and approved by the funding agencies prior
to publishing.
6. BILLING PROCEDURES
Each invoice submitted by SUBRECIPIENT to DNR shall include the information needed by DNR
to determine the exact nature of all expenditures. Each invoice for this agreement will be produced
by SUBRECIPIENT using the Invoice Template, attached hereto as Exhibit D and incorporated by
reference, and be submitted electronically to the following website: Alps://app.smartsheet.com.
SUBRECIPIENT's internal invoice format may be attached as backup documentation; however,
DNR will only consider invoices which utilize Exhibit D — Invoice Template. Invoice frequency:
No more often than annually.
DNR will pay SUBRECIPIENT upon satisfactory acceptance of fully completed activities, tasks,
and/or deliverables clearly identified in section 2. Scope of Work, including the Project Work Plan
and Budget, and approved by the DNR Project Manager. Required reporting shall be submitted in
the format described in section 2. Scope of Work.
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DNR reserves the right to request backup documentation (e.g. invoices, receipts, payroll documents,
subcontracts) for any and all expenses included in an invoice submitted for payment.
No payments in advance or in anticipation of services or goods to be provided under this subaward
shall be made by DNR.
Payment shall be considered timely if made by DNR within 30 calendar days after receipt of properly
completed invoices.
Fiscal Year Closures
Under fiscal year closing procedures, SUBRECIPIENT must submit all invoices and/or billings for
services or material supplied under this Agreement through June 30, to DNR no later than July 10
of a given year.
DNR may, in its sole discretion, terminate the subaward or withhold payments claimed by
SUBRECIPIENT for services rendered if SUBRECIPIENT fails to satisfactorily comply with any
term or condition of this subaward.
Final payment will be withheld until satisfactory acceptance of the Final Report.
7. SUBRECIPIENT MONITORING
SUBRECIPIENT is a non -Federal entity receiving a subaward from a pass-through entity to carry
out part of a federal award. SUBRECIPIENT performance will be monitored by DNR in compliance
with.2 CFR 200.332.
................................................................................
SUBRECIPIENT will complete the following form(s): Financial Health Review (Exhibit E).
SUBRECIPIENT will participate in monitoring activities, which may include trainings, regular
meetings, and in-person and/or virtual reviews of SUBRECIPIENT program operations. The results
of SUBRECIPIENT monitoring may impact this subaward and may be considered in future
applications for future DNR awards.
8. GRANT MANAGEMENT
The Project Manager for each of the parties shall be the contact person for all communications and
billings regarding the performance of this subaward.
SUBRECIPIENT Subaward Manager
Information
AGENCY Subaward Manager
Information
David Rosen
Sajjad Alokozai
City of Tukwila
Department of Natural Resources
1242442 ad Ave S
1111 Washington Street SE
Tukwila, WA 98168
Olympia, WA 98504-7013
Phone: 206-767-2310
Phone: 360-915-3944
Email address: �� ;v `aakwil�WA.�lovov
Email address:
mailaaddre
..:;R.o, ,e.r ..C�).
lokozai dnr.wa. pov
SUBAWARD AGREEMENT NO. 93-110862 Page 5 of 48
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SUBRECIPIENT Project Manager
Information
AGENCY Project Manager Information
Olena Perry
Zeima Kassahun
City of Tukwila
Department of Natural Resources
1242442 ad Ave S
1111 Washington Street SE
Tukwila, WA 98168
Olympia, WA 98504-7013
Phone: 206-767-2300
Phone: 564-233-9177
Email address: '1'aakwil�WA. pov
Email address: ;,Ikaarcdnr.wa. pov
9. INSURANCE
Before using any of said rights granted herein and at its own expense, SUBRECIPIENT shall
purchase and maintain, or require its agent(s)/subcontractor to purchase and maintain, the insurance
described below for the entire duration of this agreement. Failure to purchase and maintain the
required insurance may result in the termination of the agreement at DNR's option.
All insurance provided in compliance with this agreement shall be primary as to any other insurance
or self-insurance programs afforded to, or maintained by, the State of Washington, Department of
Natural Resources.
SUBRECIPIENT shall provide DNR with certificates of insurance, executed by a duly authorized
representative of each insurer, showing compliance with the insurance requirements specified in this
agreement before using any of said rights granted herein. The description section of the certificate
shall contain the Grant Agreement Number and the name of the DNR Project Manager.
SUBRECIPIENT shall also provide renewal certificates as appropriate during the term of this
agreement.
SUBRECIPIENT shall include all subcontractors and agents as insured under all required insurance
policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of
SUBRECIPIENT to have its subcontractors and agents comply with the insurance requirements
contained herein does not limit SUBRECIPIENT's liability or responsibility.
Insurance Types & Limits: The limits of insurance, which may be increased by State, as deemed
necessary, shall not be less than as follows:
Commercial General Liability (CGL) Insurance: SUBRECIPIENT shall purchase and maintain
commercial general liability insurance with a limit of not less than $1,000,000 per each occurrence.
If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice
the "each occurrence" limit, and the products -completed operations aggregate limit shall be at least
twice the "each occurrence" limit. All insurance must cover liability arising out of premises,
operations, independent SUBRECIPIENTs, products completed operations, personal injury and
advertising injury, and liability assumed under an insured contract (including the tort liability of
another party assumed in a business contract) and contain separation of insured (cross -liability)
condition.
Employer's Liability ("Stop Gap") Insurance: SUBRECIPIENT shall purchase and maintain
employer's liability insurance and if necessary, commercial umbrella liability insurance with limits
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not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee
for bodily injury by disease.
Business Auto Policy (BAP) Insurance: SUBRECIPIENT shall purchase and maintain business auto
insurance and if necessary, commercial umbrella liability insurance with a limit of not less than
$1,000,000 per accident, with such insurance covering liability arising out of "Any Auto". The policy
shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or
expense." SUBRECIPIENT waives all rights of subrogation against State for the recovery of
damages to the extent they are covered by business auto liability or commercial umbrella liability
insurance.
Industrial Insurance (Workers Compensation) SUBRECIPIENT shall comply with or provide
Federal Workers Compensation insurance or coverage under,: ,'e,51 R'" by maintaining workers
compensation insurance for its employees. SUBRECIPIENT waives all rights of subrogation against
State for recovery of damages to the extent they are covered by Industrial Insurance, employer's
liability, general liability, excess, or umbrella insurance. SUBRECIPIENT waives its ..�:Iltll e -S -ll ] ,C"W,
immunity to the extent it is required by its indemnity obligation under this agreement.
Additional Provisions:
Additional Insured: The State of Washington, Department of Natural Resources, its officials, agents,
and employees shall be named as additional insured by endorsement on all general liability, excess,
and umbrella insurance policies.
Cancellation: DNR shall be provided written notice before cancellation or non -renewal of any
insurance referred to therein, in accord with the following specifications.
1. Insurers subject to(Admitted and Regulated by the Insurance
Commissioner): The insurer shall give the State 45 days advance notice of cancellation
or nonrenewal. If cancellation is due to non-payment of premium, the State shall be given
10 days advance notice of cancellation.
2. Insurers subject to.,
o � 'h'a' er 4 .15 RCW (Surplus Lines): The State shall be given 20 days
advance notice of cancellation. If cancellation is due to non-payment of premium, the
State shall be given 10 days advance notice of cancellation.
Insurance Carrier Rating: All insurance shall be issued by companies admitted to do business in the
State of Washington and have a rating of A-, Class VII, or better. Any exception must be reviewed
and approved by the DNR Risk Manager or the DNR Contracts Manager, in the Risk Manager's
absence. If an insurer is not admitted to do business in the State of Washington, all insurance policies
and procedures for issuing the insurance policies must comply with Chgpter 4 .15 RCW and 2.84::
15 WAC.
Self -Insurance: If SUBRECIPIENT is self-insured, evidence of its status as a self-insured entity
shall be provided to State. The evidence should demonstrate that SUBRECIPIENT's self-insurance
meets all of the required insurance coverage of this agreement to the satisfaction of State including
the description of the funding mechanism and its financial condition. If the funding mechanism or
financial condition of the self-insurance program of SUBRECIPIENT is inadequate, then State may
require the purchase of additional commercial insurance to comply with this agreement.
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Waiver: SUBRECIPIENT waives all rights of subrogation against State for recovery of damages to
the extent these damages are covered by general liability, excess, or umbrella insurance maintained
pursuant to this agreement.
10. DEBARMENT OF SUBRECIPIENTS
SUBRECIPIENT shall assure that, its officers, agents, subcontractors, and consultants shall not
fund, contract with, or engage the services of any consultant, subcontractor, supplier, orother party
who is debarred, suspended, or otherwise ineligible to receive funds.
SUBRECIPIENT certifies that SUBRECIPIENT is not presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participating in the Agreement by
any federal department or agency. SUBRECIPIENT shall complete Exhibit F - Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form before execution
of this subaward.
11. ASSURANCES
AGENCY and SUBRECIPIENT agree that all activity pursuant to this subaward will be in
accordance with all the applicable current federal, state, and local laws, rules, and regulations.
12. ORDER OF PRECEDENCE
Each of the exhibits listed below is by this reference hereby incorporated into this subaward. In the
event of an inconsistency in this subaward, the inconsistency shall be resolved by giving precedence
in the following order:
1. Applicable federal statutes and regulations.
2. Terms and conditions of a grant awarded to the state from the federal government, attached
as Exhibit B
3. Washington State statutes and regulations.
4. Special terms and conditions as contained in this basic contract instrument.
5. Exhibit A — WA State Department of Natural Resources General Terms and Conditions.
6. Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
13. STATE SUBCONTRACTS
Subcontractor means not in the employment of the State of Washington, who is performing all, or
part of the activities related to this agreement under a separate contract with SUBRECIPIENT
responsible for the scope of work as identified within. If utilizing subcontractors to perform the
scope of work, SUBRECIPIENT is required to obtain subcontractors in compliance with 1 .(''.W
2,2. .
14. SUBCONTRACTOR PAYMENTS REPORTING REQUIREMENTS
This contract is subject to compliance tracking using the State's business diversity management
system, Access Equity (132Gnow). Access Equity is web -based and can be accessed at the Office of
Minority and Women's Business Enterprises at htt s://omwbe.diversit�r pliance.com�.
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SUBRECIPIENT and all subcontractors shall report and confirm receipt of payments made to
SUBRECIPIENT and each subcontractor through Access Equity. User guides and documentation
related to SUBRECIPIENT and subcontractor access to, and use of Access Equity are available
online at htt s://omwbe.wa.00v/access equity hel center. DNR reserves the right to withhold
payments from SUBRECIPIENT for non-compliance with this section. For purposes of this section,
subcontractor means any subcontractor working on the contract, at any tier and regardless of status
as certified WMBE or Non-WMBE.
SUBRECIPIENT shall:
1. Register and enter all required subcontractor information into Access Equity no later than
fifteen (15) days after DNR creates the Contract Record.
2. Complete the required user training (two (2) one-hour online sessions) no later than twenty
(20) days after DNR creates the Contract Record.
3. Report the amount and date of all payments (i) received from the DNR, and (ii) paid to
Subcontractors, no later than a date mutually agreed to by the parties, issuance of each
payment made by DNR to SUBRECIPIENT, unless otherwise specified in writing by
DNR, except that SUBRECIPIENT shall mark as "Final" and report the final subcontractor
payments) into Access Equity no later than thirty (30) days after the final payment is due
the subcontractor(s) under the contract, with all payment information entered no later than
sixty (60) days after end of fiscal year.
4. Monitor contract payments and respond promptly to any requests or instructions from DNR
or system -generated messages to check or provide information in Access Equity.
5. Coordinate with subcontractors, or DNR when necessary, to resolve promptly any
discrepancies between reported and received payments.
6. Require each subcontractor to: (i) register in Access Equity and complete the required user
training; (ii) verify the amount and date of receipt of each payment from SUBRECIPIENT
or a higher tier subcontractor, if applicable, through Access Equity; (iii) report payments
made to any lower tier subcontractors, if any, in the same manner as specified herein; (iv)
respond promptly to any requests or instructions from SUBRECIPIENT or system -
generated messages to check or provide information in Access Equity; and (v) coordinate
SUBRECIPIENT, or DNR when necessary, to resolve promptly any discrepancies between
reported and received payments.
SUBRECIPIENT is obligated to complete the vendor registration in Access Equity. Access Equity
is a secure online vendor management system (B2GNow). Confidential information (Tax ID, etc.)
will not be published. SUBRECIPIENTS that have previously registered with B2Gnow for any
public entity, must verify the system has updated information. SUBRECIPIENTS can access the
system at httris://omwbe.diversit piiance.com/ or through a direct link on the Office of
Minority and Women's Business Enterprises (OMWBE) website at: MmA J/cmwrrwbe.w;
Each month during the subaward, SUBRECIPIENT will report payments to ALL subcontractors
through the Access Equity system. This monthly reporting information includes total payment in
dollars made to the subcontractor, payment dates, and any additional information required to verify
payment to subcontractors. SUBRECIPIENT will enter this payment information into the Access
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Equity system, and the subcontractors will verify this payment information in the system. Online
training is available through the Access Equity/132Gnow system. This requirement applies to both
SUBRECIPIENTS and subcontractors.
In the Access Equity system, PRIME CONTRACTOR is defined as a SUBRECIPIENT that
signs a contract with DNR, but also subcontracts a portion of the work to other businesses and
manages the performance of subcontracted work.
15. SUBCONTRACTOR INCLUSION PLAN
Any SUBRECIPIENT entering into a contract shall ensure that all subcontractors complete a
Subcontractor Inclusion Plan (see Exhibit G).
The State of Washington works towards providing the maximum practicable opportunity for small
and diverse businesses in the performance of all State contracts. SUBRECIPIENT shall use
genuine efforts to utilize race- or gender -neutral means to allow opportunities for small and diverse
businesses to participate in subcontracts, where participation opportunities are present.
SUBRECIPIENT shall make genuine efforts to ensure all available business enterprises, including
small and diverse businesses, have equal opportunity for participation which might be presented
under this Agreement. Examples of genuine efforts include, but are not limited to, the following:
1. Submit inclusion plans with genuine efforts to meet the aspirational goals on the project;
2. Engaging in targeted outreach;
3. Providing training; and
4. Using the OMWBE & DBA certified business directories to locate certified minority,
women- and veteran -owned businesses, and WEBS to search for qualified small business.
SUBRECIPIENT shall include a similar provision in all subcontracts awarded for work to be
performed under the contract with the State.
16. ENTIRE AGREEMENT
This subaward, including referenced exhibits, represents all the terms and conditions agreed upon
by the parties. No other statements or representations, written or oral, shall be deemed a part hereof.
17. CONFORMANCE
If any provision of this subaward 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.
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18. APPROVAL
By signature below, the Parties certify that the individuals listed in this document, as representatives
of the Parties, are authorized to act in their respective areas for matters related to this instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
CITY OF TUKWILA
Signed by:
J mc'Ledd. 5/8/2026
624167A6331540A...
Signature Date
STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES .
DocuSigned by:,'1 _L
L
c �l �uF r WA1 iVGS 5/8/2026
Signature Date
Thomas McLeod Jennifer Watkins
Name Name
Mayor Forest Resilience Division Manager
Title Title
1111 Washington Street SE,
6200 Southcenter Blvd MS 47013
Tukwila, WA 98188 Olympia, WA 98504-7013
Address Address
206-433-1850
Telephone
SUBAWARD AGREEMENT NO. 93-110862
360-338-1688
Telephone
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EXHIBIT A
WA STATE DEPARTMENT OF NATURAL RESOURCES GENERAL TERMS AND
CONDITIONS
1. ACCESS TO DATA
The Subrecipient shall provide access to data generated under this subaward to the Agency, the
Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This
includes access to all information that supports the findings, conclusions, and recommendations of
the Subrecipient's reports, including computer models and methodology for those models.
2. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this
subaward shall be made by the Agency.
3. AMENDMENTS
This subaward 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.
4. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also
referred to as the "ADA" 28 CFR Part 35
The Subrecipient 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.
5. ANTITRUST
The Subrecipient hereby assigns to Agency any and all of its claims for price fixing or
overcharges, which arise under federal or state law relating to the goods, products, or services
purchased under this subaward.
6. ASSIGNMENT
Neither this subaward, nor any claim arising under this subaward, shall be transferred or assigned
by the Subrecipient without prior written consent of the Agency.
Subrecipient may not assign its rights under this Subaward without Department of Natural
Resources (DNR) prior written consent and DNR may consider any attempted assignment without
such consent to be void; Provided, however, that, if Subrecipient provides written notice to DNR
within thirty (30) calendar days, Subrecipient may assign its rights under this Subaward in full to
any parent, subsidiary, or affiliate of the Subrecipient that controls or is controlled by or under
common control with the Subrecipient, is merged or consolidated with the Subrecipient, or
purchases a majority or controlling interest in the ownership or assets of the Subrecipient. Unless
otherwise agreed, the Subrecipient guarantees prompt performance of all obligations under this
Subaward notwithstanding any prior assignment of its rights.
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7. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce subaward terms, each party agrees to
bear its own attorney fees and costs.
8. COMPLIANCE WITH APPLICABLE LAW
At all times during the term of the subaward, the Subrecipient shall comply with all applicable
laws.
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Subrecipient shall not use or disclose any information concerning the Agency, or information
that may be classified as confidential, for any purpose not directly connected with the
administration of this subaward, except with prior written consent of the Agency, or as may be
required by law.
10. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Agency
may, in its sole discretion, by written notice to the Subrecipient terminate this subaward if it is
found after due notice and examination by the Agent that there is a violation of the Ethics in Public
Service Act, Chapter 42.52 RCW; or any similar statute involving the Subrecipient in the
procurement of, or performance under this subaward.
In the event this subaward is terminated as provided above, the Agency shall be entitled to pursue
the same remedies against the Subrecipient as it could pursue in the event of a breach of the
subaward by the Subrecipient. The rights and remedies of the Agency 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 the Agent makes any determination under this clause shall be an
issue and may be reviewed as provided in the "Disputes" clause of this subaward.
11. COPYRIGHT PROVISIONS
Unless otherwise provided, all materials produced under this subaward shall be considered "works
for hire" as defined by the U.S. Copyright Act and shall be owned by the Agency. The Agency
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, Subrecipient hereby irrevocably assigns all right,
title, and interest in materials, including all intellectual property rights, to the Agency 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 subaward, but that incorporate pre-existing materials not
produced under the subaward, Subrecipient hereby grants to the Agency a nonexclusive, royalty -
free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Subrecipient
warrants and represents that Subrecipient has all rights and permissions, including intellectual
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property rights, moral rights and rights of publicity, necessary to grant such a license to the
Agency.
The Subrecipient shall exert all reasonable effort to advise the Agency, at the time of delivery of
materials furnished under this subaward, of all known or potential invasions of privacy contained
therein and of any portion of such document that was not produced in the performance of this
subaward.
The Agency shall receive prompt written notice of each notice or claim of infringement received
by the Subrecipient with respect to any data delivered under this subaward. The Agency shall have
the right to modify or remove any restrictive markings placed upon the data by the Subrecipient.
12. COVENANT AGAINST CONTINGENT FEES
The Subrecipient warrants that no person or selling Agent has been employed or retained to solicit
or secure this subaward upon a subaward or understanding for a commission, percentage,
brokerage or contingent fee, excepting bona fide employees or bona fide established Agents
maintained by the Subrecipient for securing business.
The Agency shall have the right, in the event of breach of this clause by the Subrecipient, to annul
this subaward without liability or, in its discretion, to deduct from the subaward price or
consideration or recover by other means the full amount of such commission, percentage,
brokerage or contingent fee.
13. DEFAULT
Subrecipient shall be in default if it is in material breach of any term or condition of the subaward.
The time of default shall begin when the material breach occurs or after any applicable opportunity
to cure period lapses, whichever is later.
14. DELIVERY, INSPECTION, REJECTION, CURE:
1. TIME OF THE ESSENCE: Time is of the essence in the performance of the subaward.
2. SHIPPING & RISK OF LOSS. All goods subject to the Subaward shall be shipped F.O.B.
destination. Risk of loss of the goods shall pass to the Agency at the time the goods are
accepted by the Agency.
3. INSPECTION: The Agency's inspection of all goods upon delivery is for the sole purpose
of identification. Such inspection shall not be construed as acceptance of the goods.
4. REJECTION: The Agency may reject any nonconforming Deliverables by reasonably
notifying the Subrecipient in writing.
5. OPPORTUNITY TO CURE: Subrecipient shall have the right to cure the materiality of any
breach prior to the time for performance under the Subaward. This right to cure terminates
upon the time for performance.
15. DEFINITIONS
Definitions for the purposes of this subaward include:
AGENCY — any state office or activity of the executive and judicial branches of state
government, including state agencies, departments, offices, divisions, boards, commissions,
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institutions of higher education as defined in RCW 28B.10.016, and correctional and other
types of institutions.
AGENT — Personnel authorized to act on behalf of the Agency for matters contained within.
BUSINESS DAYS — Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific
Daylight Time, Olympia, Washington, USA.
CALENDAR DAY — Midnight to midnight, any day of the week.
CFR - Code of Federal Regulations. All references in this subaward to CFR chapters or
sections shall include any successor, amended, or replacement regulation. The CFR may be
accessed at tlps://www.ecfr.
DEBARMENT — An action taken by a federal official to exclude a person or business entity
from participating in transactions involving certain federal funds.
DNR — Washington State Department of Natural Resources, an Agency of the State of
Washington, and any division, section, office, unit or other entity of, or any of the officers or
other officials lawfully representing the department.
EQUIPMENT — Products or materials having a fair market value of $5,000 or more per unit
and a useful life of over one year.
GOODS — Products, materials, supplies, or equipment provided by a Subrecipient
PURCHASE — The acquisition of goods or services, including the leasing or renting of goods.
RCW — Revised Code of Washington. All references in this subaward to RCW chapters or
sections shall include any successor, amended, or replacement statute. The RCW can be
accessed at htt)://apps.I a.wa. ov��CW�.
SERVICES — Labor, work, analysis, or similar activities provided by a Subrecipient to
accomplish a specific scope of work.
SUBAWARD — An agreement between DNR and Subrecipient that includes terms and
conditions, all appendices, and exhibits, associated Statements of Work (e.g. Subaward), and
all amendments awarded.
SUBCONTRACTOR — One not in the employment of the Subrecipient, who is performing all
or part of the business activities related to this subaward under a separate contract with the
Subrecipient. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any
tier.
SUBRECIPIENT — A non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program but does not include an individual that is a
beneficiary of such a program. A subrecipient may also be a recipient of other federal awards
directly from a federal awarding agency.
Characteristics indicative of a federal award received by a SUBRECIPIENT are when the
organization:
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1. Determines who is eligible to receive what federal financial assistance;
2. Has its performance measured against whether the objectives of the federal program are
met;
3. Has responsibility for programmatic decision making;
4. Has responsibility for adherence to applicable federal program compliance requirements;
5. Uses the federal funds to carry out a program of the organization as compared to
providing goods or services for a program of the pass-through entity;
6. Operates on the basis of allowable costs no payment above cost is allowed; and
7. May be required to match or share costs of the program.
USEFUL LIFE - Useful service life as based upon the United States Department of Treasury,
Internal Revenue Service, policies on depreciation for tax purposes, unless SUBRECIPIENT or
subcontractor documents in writing some different period that the DNR agrees to in writing.
VENDOR — Individual, firm, organization, company or other entity offering products and/or
services.
WORKING DAYS — Midnight to midnight, Monday through Friday, excluding weekends and
state legal holidays.
16. DISALLOWED COSTS
The Subrecipient is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its Subcontractors.
17. DISPUTES
Except as otherwise provided in this subaward, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with the Agent.
1. The request for a dispute hearing must:
■ Be in writing;
■ State the disputed issue(s);
■ State the relative positions of the parties;
■ State the Subrecipient's name, address, and agreement number; and
■ Be mailed to the Agent and the other party's (respondent's) subaward manager within three
(3) working days after the parties agree that they cannot resolve the dispute.
2. The respondent shall send a written answer to the requester's statement to both the Agent and
the requester within five 5 working days.
3. The Agent shall review the written statements and reply in writing to both parties within 10
working days. The Agent may extend this period if necessary by notifying the parties.
4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this subaward shall be construed to limit the parties' choice of a mutually acceptable
alternate dispute resolution method in addition to the dispute resolution procedure outlined above.
18. DUPLICATE PAYMENT
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The Agency shall not pay the Subrecipient, if the Subrecipient has charged or will charge the State of
Washington or any other party under any other subaward or agreement, for the same goods delivered
or services rendered.
19. ENVIRONMENTAL CONSIDERATIONS
Environmental considerations do not apply to this subaward.
20. EXECUTIVE ORDER 18-03 — WORKERS' RIGHTS
MANDATORY INDIVIDUAL ARBITRATION. If Bidder returned Contractor Certification —
Executive Order 18-03 Worker's Rights, and Subrecipient represents and warrants, as previously
certified in Subrecipient's bid, quotation and/or proposal submission, that Subrecipient does NOT
require its employees, as a condition of employment, to sign or agree to mandatory individual
arbitration clauses or class or collective action waivers. Subrecipient further represents and
warrants that, during the term of this subaward, Subrecipient shall not, as a condition of
employment, require its employees to sign or agree to mandatory individual arbitration clauses or
class or collective action waivers.
21. FUNDING SOURCE
At all times during the course of this subaward, the Subrecipient must comply with applicable
laws, rules, policy and regulations required by the source of funding for the subaward. If this
subaward is funded by a grant, the terms and conditions required by the granting entity are
attached as Exhibit B.
22. GOVERNING LAW
This subaward 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.
23. HARASSMENT
Per RCW 43.01.135, Sexual harassment in the workplace, Agency contractors hereby have access
to DNR Policy POO 1-052 Sexual Harassment:
https://www.dnr.wa.gov/publications/em_harassment prevention policy_pdf.
DNR's Policy POO 1-051 Safe and Respectful Workplace, linked below, outlines DNR's
commitment and the expectations for
contractors: www.dnr.wa.�zov/publications/em safe respectful workplace policy.pdf.
DNR's Policy POO 1-037 Harassment Prevention outlines DNR's commitment and the
expectations for
contractors: www.dnr.wa.gov/publications/em_harassment prevention policy_037.pdf.
24. INDEMNIFICATION
To the fullest extent permitted by law, Subrecipient shall indemnify, defend, and hold harmless the
State, agencies of State and all officials, Agents and employees of the State, from and against all
claims for injuries or death arising out of or resulting from the performance of the subaward.
"Claim," as used in this subaward, means any financial loss, claim, suit, action, damage, or
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expense, including but not limited to attorney's fees, attributable for bodily injury, sickness,
disease, or death, or injury to or destruction of tangible property including loss of use resulting
therefrom.
Subrecipient's obligations to indemnify, defend, and hold harmless includes any claim by
Subrecipients' Agents, employees, representatives, or any Subcontractor or its employees.
Subrecipient expressly agrees to indemnify, defend, and hold harmless the State for any claim
arising out of or incidental to Subrecipient's or any Subcontractor's performance or failure to
perform the contract. Subrecipient'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.
Subrecipient waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless State and its agencies, officials, Agents or employees.
25. INDEPENDENT CAPACITY OF THE SUBRECIPIENT
The parties intend that an independent Subrecipient relationship will be created by this subaward.
The Subrecipient and his or her employees or Agents performing under this subaward are not
employees or Agents of the Agency. The Subrecipient will not hold himself/herself out as or claim
to be an officer or employee of the Agency or of the State of Washington by reason hereof, nor
will the Subrecipient make any claim of right, privilege or benefit that would accrue to such
employee under law. Conduct and control of the work will be solely with the Subrecipient.
26. INDUSTRIAL INSURANCE COVERAGE
The Subrecipient shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the
Subrecipient fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees, as may be required by law, Agency may collect from the Subrecipient the
full amount payable to the Industrial Insurance accident fund. The Agency may deduct the amount
owed by the Subrecipient to the accident fund from the amount payable to the Subrecipient by the
Agency under this subaward 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 Subrecipient.
27. INTERGRATION
The subaward contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of the subaward shall be deemed to
exist or to bind any of the parties hereto.
28. LICENSING, ACCREDITATION AND REGISTRATION
The Subrecipient shall comply with all applicable local, state, and federal licensing, accreditation
and registration requirements/standards necessary for the performance of this subaward.
29. LIMITATION OF AUTHORITY
Only the Agent or Agent's delegate by writing (delegation to be made prior to action) shall have
the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
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condition of this subaward. Furthermore, any alteration, amendment, modification, or waiver or
any clause or condition of this subaward is not effective or binding unless made in writing and
signed by the Agent.
30. NONDISCRIMINATION
During the performance of this subaward, the Subrecipient shall comply with all federal and state
nondiscrimination laws, regulations, and policies.
31. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
a. Nondiscrimination Requirement. During the term of this Contract, Subrecipient, including
any subcontractor, shall not discriminate on the bases enumerated at RCC 49.60.:_530(3). In
addition, Subrecipient, including any subcontractor, shall give written notice of this
nondiscrimination requirement to any labor organizations with which Subrecipient, or
subcontractor, has a collective bargaining or other agreement.
b. Obligation to Cooperate. Subrecipient, including any subcontractor, shall cooperate and
comply with any Washington state agency investigation regarding any allegation that
Subrecipient, including any subcontractor, has engaged in discrimination prohibited by this
Contract pursuant to RCW- 9.6.0..53O.(3�.
c. Default. Notwithstanding any provision to the contrary, DNR may suspend Subrecipient,
including any subcontractor, upon notice of a failure to participate and cooperate with any
state agency investigation into alleged discrimination prohibited by this Contract, pursuant
to :RCW„x:9...60..530'.(3). Any such suspension will remain in place until DNR receives
notification that Subrecipient, including any subcontractor, is cooperating with the
investigating state agency. In the event Subrecipient, or subcontractor, is determined to have
engaged in discrimination identified at RCW 49..�.Q 53O(3 DNR may terminate this
...................................................................................
Contract in whole or in part, and CONTRACTOR, subcontractor, or both, may be referred
for debarment as provided in &C..W39..,2 ,;,2 �. Subrecipient or subcontractor may be given
a reasonable time in which to cure this noncompliance, including implementing conditions
consistent with any court-ordered injunctive relief or settlement agreement.
d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of
Contract termination or suspension for engaging in discrimination, Subrecipient,
subcontractor, or both, shall be liable for contract 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, which
damages are distinct from any penalties imposed under Chapter , RCW. DNR shall
have the right to deduct from any monies due to Subrecipient or subcontractor, or that
thereafter become due, an amount for damages Subrecipient or subcontractor will owe DNR
for default under this provision.
32. PRIVACY
Personal information including, but not limited to, "Protected Health Information,” collected, used,
or acquired in connection with this subaward shall be protected against unauthorized use,
disclosure, modification or loss. Subrecipient shall ensure its directors, officers, employees,
Subcontractors or Agents use personal information solely for the purposes of accomplishing the
delivery of goods or rendering of services as set forth herein. Subrecipient and its Subcontractors
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agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized
persons personal information without the express written consent of the Agency or as otherwise
required by law.
Any breach of this provision may result in termination of the subaward and the demand for return
of all personal information. The Subrecipient agrees to indemnify and hold harmless the Agency
for any damages related to the Subrecipient's unauthorized use of personal information.
33. PUBLICITY
The Subrecipient agrees to submit to the Agency all advertising and publicity matters relating to
this subaward wherein the Agency's name is mentioned, or language used from which the
connection of the Agency's name may, in the Agency's judgment, be inferred or implied. The
Subrecipient agrees not to publish or use such advertising and publicity matters without the prior
written consent of the Agency.
34. RECORDS MAINTENANCE
The Subrecipient shall maintain books, records, documents, data and other evidence relating to this
subaward and performance of services rendered and/or delivery of goods as 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 subaward.
Subrecipient 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 subaward, shall be
subject at all reasonable times to inspection, review or audit by the Agency, personnel duly
authorized by the Agency, the Office of the State Auditor, and federal and state officials so
authorized by law, regulation or subaward.
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.
35. REGISTRATION WITH DEPARTMENT OF REVENUE
The Subrecipient shall complete registration with the Washington State Department of Revenue
and be responsible for payment of all taxes due on payments made under this subaward.
36. REMEDIES:
With respect to any nonconforming Deliverables, the Agency may elect to do one or more of the
following:
a. SPECIFIC PERFORMANCE: If the Deliverables are unique, sole sourced, or otherwise
deemed by the Agency to be unavailable elsewhere, the Agency may demand specific
performance.
b. COVER: The Agency may obtain substitute Deliverables and charge the Subrecipient the
difference between the cost of the substitute Deliverables and the contracted for price.
c. PRICE REDUCTION: The Agency may retain nonconforming Deliverables and equitably
reduce the price of the subaward based on the difference between the contracted for price
and the fair market value of the nonconforming Deliverables.
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d. RETURN: The Agency may return or set aside for pickup by the Subrecipient any
nonconforming goods and terminate the subaward for cause.
2. The Subrecipient shall be liable for all compensatory, incidental and consequential damages
caused by any breach of the subaward. At the sole option of the Agency, such damages may be
recovered, in whole or in part, by price reduction or credit against any amounts that may be
owed to the Subrecipient under the subaward.
3. The agency's total liability for all damages arising out of or related to the subaward shall in no
event exceed the purchase price of the subaward. Furthermore, in the event of a termination of
the subaward, the agency's total liability for all damages arising out of or related to the
subaward shall not exceed the purchase price of goods delivered or services rendered prior to
the effective date of the termination.
4. The rights and remedies provided by the subaward are cumulative and are not exclusive of any
other or additional rights or remedies available at law and in equity.
37. RIGHT OF INSPECTION
The Subrecipient shall provide right of access to its facilities to the Agency, or any of its officers, or
to any other authorized Agent or official of the State of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this subaward.
38. 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 subaward and prior to normal completion, the Agency may
terminate the subaward under the "Termination for Convenience" clause, without the ten-day
notice requirement, subject to renegotiation at the Agency's discretion under those new funding
limitations and conditions.
39. SEVERABILITY
The provisions of this subaward 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 subaward.
40. SITE SECURITY
While on Agency premises, Subrecipient, its Agents, employees, or Subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
41. SUBCONTRACTING
Neither the Subrecipient nor any Subcontractor shall enter into subcontracts for any of the work
contemplated under this subaward without obtaining prior written approval of the Agency. In no
event shall the existence of the subcontract operate to release or reduce the liability of the
Subrecipient to the Agency for any breach in the performance of the Subrecipient's duties. This
clause does not include subawards of employment between the Subrecipient and personnel
assigned to work under this subaward.
Additionally, the Subrecipient is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this subaward are carried forward to any subcontracts. Subrecipient and its
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Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to
unauthorized persons personal information without the express written consent of the Agency or as
provided by law.
42. TAXES
All payments accrued because of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Subrecipient or its staff shall be the sole responsibility of the
Subrecipient.
43. TERMINATION FOR CAUSE
In the event the Agency determines the Subrecipient has failed to comply with the conditions of this
subaward in a timely manner, the Agency has the right to suspend or terminate this subaward.
Before suspending or terminating the subaward, the Agency shall notify the Subrecipient in writing
(including email) of the need to take corrective action. If corrective action is not taken within 30
calendar days, the subaward may be terminated or suspended.
In the event of termination or suspension, the Subrecipient shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original subaward
and the replacement or cover subaward and all administrative costs directly related to the
replacement subaward, e.g., cost of the competitive bidding, mailing, advertising and staff time.
The Agency reserves the right to suspend all or part of the subaward, withhold further payments, or
prohibit the Subrecipient from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the Subrecipient or a decision by the
Agency to terminate the subaward. A termination shall be deemed a "Termination for Convenience"
if it is determined that the Subrecipient: (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 the Agency provided in this subaward are not exclusive and are, in
addition to any other rights and remedies, provided by law.
44. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this subaward, the Agency may, by 10 calendar days written
notice (including email), beginning on the second calendar day after the notice is sent, terminate
this subaward, in whole or in part. If this subaward is so terminated, the Agency shall be liable
only for payment required under the terms of this subaward for goods delivered or services
rendered prior to the effective date of termination.
45. TERMINATION PROCEDURES
Upon termination of this subaward, the Agency, in addition to any other rights provided in this
subaward, may require the Subrecipient to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this subaward as has been terminated.
The provisions of the "Treatment of Assets" clause shall apply in such property transfer.
The Agency shall pay to the Subrecipient the agreed upon price, if separately stated, for goods or
services accepted by the Agency, and the amount agreed upon by the Subrecipient and the Agency
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for (i) goods delivered or services rendered for which no separate price is stated, (ii) partially
completed goods delivered or services rendered, (iii) other goods delivered or services rendered
that are accepted by the Agency, and (iv) the protection and preservation of property, unless the
termination is for default, in which case the Agent shall determine the extent of the liability of the
Agency. Failure to agree with such determination shall be a dispute within the meaning of the
"Disputes" clause of this subaward. The Agency may withhold from any amounts due the
Subrecipient such sum as the Agent determines to be necessary to protect the Agency against
potential loss or liability.
The rights and remedies of the Agency provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this subaward.
After receipt of a notice of termination, and except as otherwise directed by the Agent, the
Subrecipient shall:
1. Stop work under the subaward 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 subaward that is not
terminated;
3. Assign to the Agency, in the manner, at the times, and to the extent directed by the Agent,
all of the rights, title, and interest of the Subrecipient under the orders and subcontracts so
terminated, in which case the Agency 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 Agent to the extent Agent may require,
which approval or ratification shall be final for all the purposes of this clause;
5. Transfer title to the Agency and deliver in the manner, at the times, and to the extent
directed by the Agent any property which, if the subaward had been completed, would have
been required to be furnished to the Agency;
6. Complete performance of such part of the work as shall not have been terminated by the
Agent; and
7. Take such action as may be necessary, or as the Agent may direct, for the protection and
preservation of the property related to this subaward, which is in the possession of the
Subrecipient and in which the Agency has or may acquire an interest.
46. TREATMENT OF ASSETS
1. Title to all property furnished by the Agency shall remain in the Agency. Title to all property
furnished by the Subrecipient, for the cost of which the Subrecipient is entitled to be reimbursed
as a direct item of cost under this subaward, shall pass to and vest in the Agency upon delivery of
such property by the Subrecipient. Title to other property, the cost of which is reimbursable to
the Subrecipient under this subaward, shall pass to and vest in the Agency upon (i) issuance for
use of such property in the performance of this subaward, or (ii) commencement of use of such
property in the performance of this subaward, or (iii) reimbursement of the cost thereof by the
Agency in whole or in part, whichever first occurs.
2. Any property of the Agency furnished to the Subrecipient shall, unless otherwise provided
herein or approved by the Agency, be used only for the performance of this subaward.
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3. The Subrecipient shall be responsible for any loss or damage to property of the Agency that
results from the negligence of the Subrecipient, or which results from the failure on the part of
the Subrecipient to maintain and administer that property in accordance with sound
management practices.
4. If any Agency property is lost, destroyed or damaged, the Subrecipient shall immediately
notify the Agency and shall take all reasonable steps to protect the property from further
damage.
5. The Subrecipient shall surrender to the Agency all property of the Agency prior to settlement
upon completion, termination or cancellation of this subaward.
6. All reference to the Subrecipient under this clause shall also include Subrecipient's employees,
Agents or Subcontractors.
47. U.S. DEPARTMENT OF TREASURY, OFFICE OF FOREIGN ASSETS CONTROL
The Agency complies with U.S. Department of the Treasury, Office of Foreign Assets Control
(OFAC) payment rules. OFAC prohibits financial transactions with individuals or organizations,
which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons
sanctions list located at .U.............Er.e.-s21y p,--iql y D.ja pnated Nationals And Blocked Persons I_,ist.
.—�
Compliance with OFAC payment rules ensures that the Agency does not conduct business with
individuals or organizations that have been determined to be supporters of terrorism and
international drug dealing or that pose other dangers to the United States.
Prior to making payment to individuals or organizations, the Agency will download the current
OFAC SDN file and compare it to Agency and statewide vendor files. In the event of a positive
match, the Agency reserves the right to: (1) make a determination of "reasonability" before taking
the positive match to a higher authority, (2) seek assistance from the Washington State Office of the
State Treasurer (OST) for advanced assistance in resolving the positive match, (3) comply with an
OFAC investigation, if required, and/or (4) if the positive match is substantiated, notify the
Subrecipient in writing and terminate the subaward according to the Termination for Convenience
provision without making payment. The Agency will not be liable for any late payment fees or
missed discounts that are the result of time required to address the issue of an OFAC match.
48. WAIVER
Waiver of any default or breach shall not be deemed a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this subaward unless stated
to be such in writing and signed by authorized representative of the Agency.
49. WARRANTIES
Subrecipient warrants that all Deliverables provided under this subaward shall be fit for the
purpose(s) for which intended, are merchantable, and shall conform to the requirements and
specifications herein.
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EXHIBIT B
FEDERAL SUBAWARD TERMS AND CONDITIONS
1. COMPLIANCE WITH FEDERAL REGULATIONS
SUBRECIPIENT and its consultants and subcontractors shall comply with the following federal laws
and regulations, whenever and wherever they are applicable. SUBRECIPIENT and its consultants and
subcontractors shall timely obtain all permits and approvals necessary to lawfully implement the
project. SUBRECIPIENT and its subcontractors and consultants shall include in all contracts,
subcontracts, and purchase orders for this project the following list of laws and regulations and shall
require compliance with such laws and requirements:
1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) relating to non-discrimination in
performance of the project and to the benefits.
2) Title VIII of the Civil Rights Act of 1968 (P.L. 90-284) as amended.
3) Executive Order 11246 dealing with non-discrimination in employment as amended by
Executive Orders 11375.
4) General procurement standards in §_ 200.318 through 2 .:_3.27 of the Code of Federal
Regulations.
2. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM)
SUBRECIPIENT shall maintain current organizational information and the original Unique Entity
Identifier (UEI) in the System for Award Management (SAM) until receipt of final payment. This
requires annual review and updates, when needed, of organizational information after the initial
registration. More frequent review and updates may be required for changes in organizational
information or award term(s). Any change to the original UEI provided in this agreement will result
in termination of this agreement and de -obligation of any remaining funds. For the purposes of this
agreement, System for Award Management (SAM) means the federal repository into which an entity
must provide information required for the conduct of business as a
Cooperative. Additional information about registration procedures may be found at the SAM
Internet site at www..,.sarr�...g v.
3. COPYRIGHTING
No original text or graphics produced and submitted by the Forest Service shall be copyrighted. The
Forest Service reserves a royalty -free, nonexclusive, and irrevocable right to reproduce, publish, or
otherwise use, and to authorize others to use the work for federal government purposes.
This provision includes:
• The copyright in any work developed by SUBRECIPIENT under this subaward.
• Any right of copyright to which SUBRECIPIENT purchase(s) ownership with any federal
contributions.
4. NONDISCRIMINATION STATEMENT — PRINTED, ELECTRONIC, OR AUDIOVISUAL
MATERIAL
SUBRECIPIENT shall include the following statement, in full, in any printed, audiovisual material, or
electronic media for public distribution developed or printed with any federal funding.
SUBAWARD AGREEMENT NO. 93-110862 Page 25 of 48
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"In accordance with federal law and U.S. Department ofAgriculture (USDA) civil rights regulations
and policies, this institution is prohibited from discriminating on the basis of race, color, national
origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited
bases apply to all programs)
Program information may be made available in languages other than English. Persons with
disabilities who require alternative means of communication for program information (e.g., Braille,
large print, audiotape, and American Sign Language) should contact the responsible State or local
Agency that administers the program or USDA's TARGET Center at (202) 720-2600 (voice and TTY)
or contact USDA through the Federal Relay Service at (800) 877-8339.
To file a program discrimination complaint, a complainant should complete a Form AD -3027, USDA
Program Discrimination Complaint Form, which can be obtained online at
https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (8 66) 632-9992, or
by writing a letter addressed to USDA. The letter must contain the complainant's name, address,
telephone number, and a written description of the alleged discriminatory action in sufficient detail to
inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil
rights violation. The completed AD -3027 form or letter must be submitted to USDA by:
1) Mail: U.S. Department ofAgriculture, Office of the Assistant Secretary for Civil Rights, 1400
Independence Avenue SW, Washington, D.C. 20250-9410; or
2) Fax: (833) 256-1665 or (202) 690-7442; or
3) Email: program. intake@usda.gov. "
If the material is too small to permit the full Non -Discrimination Statement to be included, the material
will, at a minimum, include the alternative statement:
"This institution is an equal opportunity provider. "
5. CONFLICT OF INTEREST AND CODE OF CONDUCT
SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in
connection with the United States Forest Service (USFS) Program has any personal financial interest,
direct or indirect, in this subaward. SUBRECIPIENT further covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree
with the performance of its services hereunder. SUBRECIPIENT further covenants that in the
performance of this subaward, no person having any conflicting interest will be employed. Any
interest on the part of the SUBRECIPIENT or its employees must be disclosed to DNR.
No officer, employee or agent of the SUBRECIPIENT shall participate in the selection, award, or
administration of activity funded in whole or in part with USFS funds if a conflict of interest, real or
apparent, would exist, nor shall their families, or those with whom they have business ties, so benefit.
In addition to the above, no official, employee, or agent of any federal, state, or local government for
the area in which the project is located, nor members of their families, nor those with whom they have
business ties, have or acquire any interest, direct or indirect, in any contract or subcontract or its
proceeds for work accomplished in support of this subaward, nor shall they have or acquire any
SUBAWARD AGREEMENT NO. 93-110862 Page 26 of 48
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interest, direct or indirect, in the project area which would conflict in any manner or degree with the
proj ect.
6. LOBBYING AND LITIGATION
SUBRECIPIENT agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying.
SUBRECIPIENT shall include the language of this provision in award documents for all subawards
exceeding $100,000 and require that sub-awardees submit certification and disclosure forms
accordingly.
In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
expenditure.
All contracts awarded by SUBRECIPIENT shall contain, when applicable, the anti -lobbying
provisions as stipulated in the Appendix at Title 40 CFR Part 30.
Pursuant to Section 18 of the Lobbying Disclosure Act, Sub -Recipient affirms that it is not a non-
profit organization described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a
non-profit organization described in Section 501(c)(4) of the Code but does not and will not engage in
lobbying activities as defined in Section 3 of the Lobbying Disclosure Act.
Legal expenses required in the administration of federal programs are allowable. Legal expenses for
prosecution of claims against the federal government are unallowable.
7. CERTIFICATION REGARDING LOBBYING
SUBRECIPIENT certifies, to the best of their knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of an agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
14 dafd...Eo.m: "Disclosure ]Form to Report L bby�r ga" in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
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entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
8. TRAFFICKING IN PERSONS
1) Provisions applicable to a subrecipient that is a private entity.
a. You as SUBRECIPIENT and your employees, may not:
i. Engage in severe forms of trafficking in persons during the period of time that
the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in
effect; or
iii. Use forced labor in the performance of the award or subawards under the
award.
b. The federal awarding agency may unilaterally terminate this award, without penalty,
if a SUBRECIPIENT that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.I of this award
term; or
ii. Has an employee who is determined by the agency official authorized to
terminate the award to have violated a prohibition in paragraph a. l of this
award term through conduct that is either:
1. Associated with performance under this award; or
2. Imputed to SUBRECIPIENT using the standards and due process for
imputing the conduct of an individual to an organization that are
provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Government wide Debarment and Suspension (Nonprocurement),".
2) Provision applicable to a subrecipient other than a private entity. The federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a
private entity:
a. Is determined to have violated an applicable prohibition in paragraph a.I of this
award term; or
b. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a. l of this award term
through conduct that is either
i. Associated with performance under this award; or
ii. Imputed to SUBRECIPIENT using the standards and due process for imputing
the conduct of an individual to an organization that are provided in 2 CFR part
180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement),"
3) Provisions applicable to any recipient.
a. You must inform us immediately of any information you receive from any source
alleging a violation of a prohibition in paragraph a. l of this award term.
b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this
section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. 7104(g)), and
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ii. Is in addition to all other remedies for noncompliance that are available to us
under this award.
c. You must include the requirements of paragraph a. l of this award term in any
subaward you make to a private entity.
4) Definitions. For purposes of this award term:
a. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under
this award and not compensated by you including, but not limited to, a
volunteer or individual whose services are contributed by a third party as an
in-kind contribution toward cost sharing or matching requirements.
b. "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
c. "Private entity":
i. Means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
1. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in
the definition of Indian tribe at 2 CFR 175.25(b).
2. A for-profit organization.
d. "Severe forms of trafficking in persons," "commercial sex act," and "coercion"
have the meanings given at section 103 of the TVPA, as amended (22 U. S.C. 7102).
9. DRUG-FREE WORKPLACE
1) SUBRECIPIENT agree(s) that it will publish a drug-free workplace statement and provide a
copy to each employee who will be engaged in the performance of any project/program that
receives federal funding. The statement must
a. Tell the employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in its workplace;
b. Specify the actions SUBRECIPIENT will take against employees for violating that
prohibition; and
c. Let each employee know that, as a condition of employment under any award, the
employee:
i. Shall abide by the terms of the statement, and
ii. Shall notify SUBRECIPIENT in writing if they are convicted for a violation
of a criminal drug statute occurring in the workplace, and shall do so no more
than 5 calendar days after the conviction.
2) SUBRECIPIENT agree(s) that it will establish an ongoing drug-free awareness program to
inform employees about
a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free workplace;
c. Any available drug counseling, rehabilitation and employee assistance programs; and
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d. The penalties that you may impose upon them for drug abuse violations occurring in
the workplace.
3) Without the federal Program Manager's expressed written approval, the policy statement and
program must be in place as soon as possible, no later than the 30 days after the effective
date of this instrument, or the completion date of this award, whichever occurs first.
4) SUBRECIPIENT agrees to immediately notify the Program Manager if an employee is
convicted of a drug violation in the workplace. The notification must be in writing, identify
the employee's position title, the award number of each award on which the employee
worked. The notification must be sent to the Program Manager within 10 calendar days after
SUBRECIPIENT learns of the conviction.
5) Within 30 calendar days of learning about an employee's conviction, SUBRECIPIENT must
either
a. Take appropriate personnel action against the employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973 (29
USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for these purposes by a federal, state or local health,
law enforcement, or other appropriate agency.
10. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
1) SUBRECIPIENT may not require its employees, contractors, or second tier subrecipients
seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting them from lawfully reporting
that waste, fraud, or abuse to a designated investigative or law enforcement representative of
a federal department or agency authorized to receive such information.
2) SUBRECIPIENT must notify its employees, contractors, or second tier subrecipients that the
prohibitions and restrictions of any internal confidentiality agreements inconsistent with
paragraph (1) of this award provision are no longer in effect.
3) The prohibition in paragraph (1) of this award provision does not contravene requirements
applicable to any other form issued by a federal department or agency governing the
nondisclosure of classified information.
4) If DNR determines that SUBRECIPIENT is not in compliance with this award provision, it;
a. Will prohibit the subrecipient's use of funds under this award in accordance with
sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub.
L. 114-113) or any successor provision of law; and
b. May pursue other remedies available for the subrecipient's material failure to comply
with award terms and conditions.
11. ELIGIBLE WORKERS
SUBRECIPIENT shall ensure that all employees complete the I-9 form to certify that they are
eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)).
SUBRECIPIENT shall comply with regulations regarding certification and retention of the
completed forms. These requirements also apply to any contract or supplemental instruments
awarded under this award.
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12. FREEDOM OF INFORMATION ACT (FOIA)
Public access to subaward or agreement records must not be limited, except when such records must
be kept confidential and would have been exempted from disclosure pursuant to Freedom of
Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e).
Public access to culturally sensitive data and information of federally -recognized tribes may also be
explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill).
13. TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order (EO) 13513, "Federal Leadership on Reducing Text Messaging
While Driving," any and all text messaging by federal employees is banned: a) while driving a
Government Owned Vehicle (GOV) or driving a Privately Owned Vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the Government when
driving any vehicle at any time. All subrecipients, their Employees, Volunteers, and Contractors are
encouraged to adopt and enforce policies that ban text messaging when driving company owned,
leased or rented vehicles, POVs or GOVs when driving while on official Government business or
when performing any work for or on behalf of the Government.
14. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM
As a subrecipient of USDA financial assistance, you will comply with the following:
1) Do not discriminate against applicants for sub -grants on the basis of their religious character.
2) 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations.
3) Statutory and National policy requirements, including those prohibiting discrimination and
those described in Executive Order 13798 promoting free speech and religious freedom, 2
CFR 200.300.
15. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
SUBRECIPIENT is responsible for compliance with the prohibition on certain telecommunications
and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232,
Section 889 for additional information.
In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited from
obligating or expending loan or grant funds for covered telecommunications equipment or services
to:
1) procure or obtain, extend or renew a contract to procure or obtain;
2) enter into a contract (or extend or renew a contract) to procure; or
3) obtain the equipment, services or systems.
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EXHIBIT C — 2024 UCF CFA PROJECT WORK PLAN TEMPLATE
Subrecipient Organization Name:
2024 Community Forestry Assistance Grant (Agreement Number
Period of Performance:
Overview: [insert narrative based on submitted proposal]
Activity 1: Title and Description
Example: Town Outreach and Engagement: This activity will engage with local community
members to identify needs and goals of'the community, analyze data from interview and survey
questions, and promote Urban Forestry techniques that can be used by the communities.
Task Deliverable Completion Estimated
Date Cost
1.1. Subcontractor ,skilled in
public outreach to develop
a surrey to inquire about
community goals and
needs.
Copy of ,survey developed
(.pdf'pr°eferred%,
Documentation gfpayment
to contractor fbr services
rendered
June I, 2025
$2,000
Report including:
- Link to website
where survey was
posted and estimated
1.2. Distribute survey to
number of
community using various
respondents.
methods of delivery,
- Copy of direct mail
including, but not limited
materials and
June I, 2025
$4,580
to, posting on website,
number of
direct mailings, and (rte-
households reached.
on -one at public events.
- List of community
events attended and
approximate number
of Sur Vey
reSDondents.
1.3.
1.4.
Activity 1 Total 1 $6,580
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Activity 2: Title and Description
Example: City Urban Tree Inventory:
Update existing inventory data and collect new data throughout the city, via subcontractor.
Task
Deliverable
Completion
Estimated
Estimated
Date
Cost
2.1. Consultant updates
GIS data and excel export of
Receipt of irrigation supply
existing tree inventory
updated tree inventory.
June 1, 2025
$8,000
data.
irrigation to water new
At least 3 photos ( ?f
June 1, 2025
2.2. Consultants collect new
GIS data and excel export of
irrigation system
point -based tree inventory
new inventory data; results
June 1, 2025
$10,500
data and performs data
of analysis.
Invoice ( ?f tree purchase
analysis,.
least 35 new street trees.
with, tree species listed;
June 1, 2025
2.3. Consultant collects new
GIS data and excel export;
AI least 2 photos ( ?f street
inventory data using a
results of analysis.
June 1, 2025
$9,000
sample -based approach.
3.3.Purchase planting
Receipt of supplies
2.4.
supplies, including, but
purchased showing actual
$
Activity 2 Total
$27,500
Activity 3: Title and Description
Example: Purchase and install street trees and irrigation:
Plant new street trees in suitable planting locations as determined by contractor staff'.' Install
to support tree establishment.
-irrigation
Task
Deliverable
Completion
Estimated
Date
Cost
Receipt of irrigation supply
3.1. Purchase and install
purchase;
irrigation to water new
At least 3 photos ( ?f
June 1, 2025
$4,354.67
trees.
irrigation system
installation.
3.2. Purchase and install at
Invoice ( ?f tree purchase
least 35 new street trees.
with, tree species listed;
June 1, 2025
$8,750
Trees to be at least 1. 5
AI least 2 photos ( ?f street
caliper.
trees beingplanted.
3.3.Purchase planting
Receipt of supplies
supplies, including, but
purchased showing actual
June 1, 2025
$800
not limited to: Mulch,
Stakes, and Des.
costs.
Activity 3 Total
$13,904.67
Activities 1-3 Total
$47,984.67
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BUDGET TEMPLATE
Budget cannot exceed $ . See the Project Work Plan for activity and task descriptions.
Table 1. Cost by Activity
Activities
Personnel and
Benefits
Travel
Supplies
Contractual
Total
Activity 1
$
$
$
$
Task(s)
Activity 2
$
$
$
$
$
Activity 3
$
$
$
$
$
Total
Lxample: Acme supplies and rental equipment
,S'upply purchases, including event space, advertising, tent, printing, and
$
miscellaneous qffice supplies.
Table 2. Cost by Line Item
Personnel and Benefits
Lxample: Pr(Ject Manager ($38.541hr)
11rimary coordinator ( )f tree -planting community event. Work includes outreach,
$
meeting.jacilitation, purchasing supplies, and preparing reports.
Tasks 1. 1, 1. 2, 1.3, 2.1, 2.3, 3.2
Task(s)
$
Task(s)
$
Travel
Lxample: Travel Expenses
Lodging and mileage (GU standard rates).
$
Tasks 3.1, 3.2, 3.3
Task(s)
$
Task(s)
$
Supplies
Lxample: Acme supplies and rental equipment
,S'upply purchases, including event space, advertising, tent, printing, and
$
miscellaneous qffice supplies.
Task 1.3
Task(s)
$
Task(s)
$
SUBAWARD AGREEMENT NO: 93-110862 Page 34 of 48
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Contractual
Example: Event Team Subco tractor
Subcontractor will provide personnel to aid with event setup and cleanup.
$
Tasks 1. 1, 3.3
$
Task(s)
$
Task(s)
Total
$
The project described herein is located on public property or is open to public access. No grant funds
can used by SUBRECIPIENT to meet ordinary maintenance and operating expenses.
By signature below, the Parties certify that the individuals listed in this document, as representatives
of the Parties, are authorized to act in their respective areas for matters related to this instrument and
are in agreement with its content.
SUBRECIPIENT NAME
Signature
Name
STATE OF WASHINGTON
DEPARTMENT OF NATURAL
RESOURCES
Date Signature
Name
Project Manager Project Manager
Title Title
Address
Telephone
SUBAWARD AGREEMENT NO: 93-110862
1111 Washington Street SE
MS 47013
Olympia, WA 98504-7013
Address
Telephone
Date
Page 35 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
EXHIBIT D — INVOICE TEMPLATE
INVOICE
Agreement Number:
Invoice Date:
Invoice Number:
From:
Subrecipient
To:
Zeima Kassahun
Organization Name
DNR Project Manager
(of PM)
Washington State Department
Subrecipient Project
of Natural Resources
Manager
1111 Washington St SE
Address
Olympia, WA 98504-7013
Phone
:.1kaarcdnr.wa.ov
Email
Brief description of costs
Cost Type
Cost
included in this invoice
period.
Task 1.1
Example:
Personnel &
$550.00
Example:
- Project Coordinator (25 hrs.
Benefits
Tree Planting Event
x $22 = $550.00)
Travel
$161.15
- Hotel (3 nights; $429.65;
R
Receipt attached}
Supplies
$4,725.72
Contractual
$759.25
- Mileage (50 miles x $0.67 =
$33.50)
- Name Tags ($58.46; Receipt
attached)
- Seedlings ($4,667.26,-
$4,667.26;Receipt
Receiptattached)
- Set-up Crew ($759.25,-
$759.25;Recei
t attached
Receipt
Subtotal Task 1.1
$6,196.12
Task 1.2
Personnel &
$
Benefits
Travel
$
Supplies
$
Contractual
$
Subtotal Task 1.2
$0.00
Task 1.3
Personnel &
$
Benefits
Travel
$
Supplies
$
Contractual
$
Subtotal Task 1.3
$0.00
Total Activity 1
$6,196.12
SUBAWARD AGREEMENT NO: 93-110862 Page 36 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
Activity 2
Brief description of costs
included in this invoice
period.
Cost Type
Subtotal
Task 2.1
Personnel &
Benefits
$
Travel
$
Supplies
$
Contractual
$
Subtotal Task 2.1
$0.00
Task 2.2
Personnel &
Benefits
$
Travel
$
Supplies
$
Contractual
$
Subtotal Task 2.2
$0.00
Task 2.3
Personnel &
Benefits
$
Travel
$
Supplies
$
Contractual
$
Subtotal Task 2.3
$0.00
Total Activity 2
$0.00
Activity 3
Brief description of costs
included in this invoice
period.
Cost Type
Subtotal
Task 3.1
Personnel &
Benefits
$
Travel
$
Supplies
$
Contractual
$
Subtotal Task 3.1
$0.00
Task 3.2
Personnel &
Benefits
$
Travel
$
Supplies
$
Contractual
$
Subtotal Task 3.2
$0.00
Task 3.3
Personnel &
Benefits
$
SUBAWARD AGREEMENT NO: 93-110862 Page 37 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
SUBAWARD AGREEMENT NO: 93-110862 Page 38 of 48
Form update date: 2024.02.13
Travel
$
Supplies
$
Contractual
$
Subtotal Task 3.3
$0.00
Total Activity 3
$0.00
Total Activities 1-3
$6,196.12
SUBAWARD AGREEMENT NO: 93-110862 Page 38 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
EXHIBIT E — FINANCIAL HEALTH REVIEW
WASHINGTON STATE DEPARTMENT OF
I I : i i I I J: to N,4 *-I I 111 lmlk-
FINANCIAL HEALTH REVIEW
The purpose of this checklist is to assist your organization in understanding the minimum requirements necessary
to accept, manage, and spend federal funds as a subrecipient. The responses to this checklist are used by
Washington State Department of Natural Resources (DNR) to develop monitoring and technical assistance plans
for subrecipients. Any `No' response will not automatically disqualify your entity from receiving funds from DNR.
These answers will inform our monitoring approach and technical support.
A representative from your organization must review and complete the form, certifying in the last section that they
have read and understand items listed in this document. Return the completed form to the designated DNR
contact.
SUBRECIPIENT INFORMATION
Subrecipient Organization Name
Subaward Number
Federal Fiscal Year
Federal Award Identification Number
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY (FFATA)
YES
NO
DECLARATION
and 12689 and 2 CFR part 180.
1. In your organization's preceding completed fiscal year, did your business or
2. Is your organization currently, or at any point previously, involved in any civil or
❑
organization receive (a) 80 percent or more of its annual gross revenues in U.S.
criminal suits?
federal contract, subcontracts, loans, grants, subgrants, and/or cooperative
agreements; and (b) $25,000,000 or more in annual gross revenues from U.S.
federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative
agreements?
2. Does the public have access to information about the compensation of the
executives in the your business or organization through periodic reports filed under
❑
❑
section 13(a) or 15(d) of the Securities Exchange act of 1934 (15 U.S.C. 78m(a),
78o(d) or section 6104 of the Internal Revenue Code of 1986?
LEGAL
YES
NO
1. My organization has never been suspended or debarred from participating in
Federal assistance programs or activities as specified in Executive Orders 12549
❑
❑
and 12689 and 2 CFR part 180.
2. Is your organization currently, or at any point previously, involved in any civil or
❑
❑
criminal suits?
SUBRECIPIENT MONITORING YES NO
SUBAWARD AGREEMENT NO: 93-110862 Page 39 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
1. My organization is aware that as a subrecipient, it must be monitored for financial
YES
NO
operations (records, systems, and procedures), performance, and conformance to
❑
❑
regulations.
❑
❑
FINANCIAL MANAGEMENT SYSTEMS
YES
NO
2. Responsible parties for my organization are familiar with the Office of Management and
Budget's (OMB) Uniform Administrative Requirements and the Cost Principles, as they
❑
❑
apply to Federal grants and subawards.
3. My organization's accounting systems and internal policies meet the following criteria
as outlined in the most current version of 2 CFR Part 200:
------------------------------------------------------------------------------------------------------------------------------------------------
a. Accurate, current, and complete disclosure of the financial results of each
❑
❑
Agreement;
❑
❑
----------------------------------------------------------------------------------------------------------------------------------------------
b. A procedure that identifies each funding source and establishes a
-----------------
-----------------
separate control account for each funding source (separate checking
❑
❑
accounts are not required);
----------------------------------------------------------------------------------------------------------------------------------------------
-----------------
-----------------
c. A method for identifying the receipts and expenditures for each funding
source separately from other funding sources, and accounting records that
❑
❑
indicate this method is being effectively followed;
----------------------------------------------------------------------------------------------------------------------------------------------
-----------------
-----------------
d. Effective control over and accountability for all funds, property, and other
assets to assure that all assets are used solely for authorized purposes;
----------------------------------------------------------------------------------------------------------------------------------------------
❑
-----------------
❑
-----------------
e. Comparison of actual with budgeted amounts for each Agreement;
❑
❑
----------------------------------------------------------------------------------------------------------------------------------------------
f. Accounting record entries that are supported by source documentation; i.e.,
-----------------
-----------------
entries refer to subsidiary records and documents which support the entries,
such as payroll and time records, vouchers, purchase orders, invoices,
❑
❑
warrants, etc.;
----------------------------------------------------------------------------------------------------------------------------------------------
-----------------
-----------------
g. A method for accumulating and recording expenditures by budget period
and cost categories provided in the approved Agreement
❑
❑
----------------------------------------------------------------------------------------------------------------------------------------------
h. A procedure for authorizing expenditures, signing checks and reconciling
-----------------
-----------------
expenditures in a timely manner that ensures the integrity of the system.
❑
❑
POLICY AND PROCEDURES
YES
NO
4. My organization has a written travel policy which is consistent for both internal travel
and approved travel costs under the federal subaward. If no policy exists, does my
❑
❑
organization adheres to Federal Government Travel rates and amounts. 5 U.S.0 5701-
11
5. My organization maintains written procurement procedures that comply with federal
procurement standards in 200.317 through 200.327. The same procedures are followed
❑
❑
whether the procurements are with federal grant funds or non-federal funds.
6. My organization maintains a property/inventory management system to track the
❑
❑
location and value of equipment purchased with federal funds.
7. My organization maintains a written conflict of interest policy for its employees.
❑
❑
SUBAWARD AGREEMENT NO: 93-110862 Page 40 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
8. My organization retains, or will retain, all records related to this subaward for six years in
YES
NO
accordance with the timeframes identified in the subaward document (Exhibit A, 34.
❑
❑
Records Maintenance).
❑
❑
9. My organization maintains an internal policy and/or process to check the "Excluded
Organizational knowledge/years of experience in
5+ years ❑
Parties List" system for suspended or debarred sub -grantees and contractors, prior to
❑
❑
award at https://www.sgD.gov/.
AUDIT REQUIREMENTS
YES
NO
10. For the fiscal year indicated above, my organization expended $750,000 or more in
funds or state contracts (or has not done so in the past
No ❑
federal funding, and is required to have a single audit conducted in accordance with 2
❑
❑
CFR 200.501 — Audit Requirements.
Organizational knowledge/years of experience in
5+ years ❑
11. For the fiscal year indicated above, my organization expended less than $750,000 in
< 3 years ❑
administering similar awards or sub -awards
federal funding and is exempt from federal audit requirements for that year, except as
noted in 2 CFR 200.503. My organization understands that records must be available
❑
❑
for review or audit by appropriate officials of the federal agency, DNR, and Government
❑
Accountability Office (GAO).
❑
ENTITY READINESS
Is the entity new to operating or managing federal grant
standards necessary to federal subawards. At any time in reviewing this document, in pre -award negotiations,
during the post -award meeting, or at any time subsequent, if my organization has questions regarding the
funds or state contracts (or has not done so in the past
No ❑
Yes ❑
five years)?
Name:
Title:
Organizational knowledge/years of experience in
5+ years ❑
3-5 years ❑
< 3 years ❑
administering similar awards or sub -awards
Proposed subrecipient agreement amount
< $30,000
$30,001-149,999
$150,000+
❑
❑
❑
ACKNOWLEDGEMENT
I acknowledge that my organization has received this document and understands the financial management
standards necessary to federal subawards. At any time in reviewing this document, in pre -award negotiations,
during the post -award meeting, or at any time subsequent, if my organization has questions regarding the
content presented in this checklist or related to the award, I understand that I may bring this to the attention of the
DNR for clarification and that DNR staff are available to assist my organization.
Signature:
Date:
Name:
Title:
Phone Number:
Email:
SUBAWARD AGREEMENT NO: 93-110862 Page 41 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
EXHIBIT F
AD -1048
OMB No. 0505-0027
Expiration Date: 09/30/2025
USDA Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required
by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants'
responsibilities. The regulations were amended andpublished on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the
regulations may be obtained by contacting the Department ofAgriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time
for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
the collection of information. The provisions of appropriate criminal or civil fraud privacy, and other statutes may be applicable to the
information provided.
(Read instructions on page two before completing certification.)
A. The prospective lower tier participant certifies, by submission of this proposal, 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,
B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME
PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVES)
SIGNATURE
DATE
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the
USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited
from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all
bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-
2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program
information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD -3027, found
online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and
provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-
9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant
Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410-,(2) fax: (202) 690-7442; or (3)
email: program.intake(aius, da.gov.
USDA is an equal opportunity provider, employer, and lender.
SUBAWARD AGREEMENT NO: 93-110862 Page 42 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is
providing the certification in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance
was placed when this transaction was entered into. If it is later determined that the
prospective lower tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government, the Department or
agency with which this transaction originated may pursue available remedies,
including suspension or debarment.
(3) The prospective lower tier participant must provide immediate written notice to the
person(s) to which this proposal is submitted if at any time the prospective lower tier
participant learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier
covered transaction," "participant," "person, ""primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules implementing
Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department
or agency to which this proposal is being submitted for assistance in obtaining a copy
of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it may 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 the Department or agency with which this transaction
originated.
(6) The prospective lower tier participant further agrees by submitting this form that it
will include this clause titled "Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without
modification, in all lower tier covered transactions and in all solicitations for lower
tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certification is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the General Services Administration's System for Award
Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a
system of records to render in good faith the certification required by this clause. The
knowledge and information of a participant is not required to exceed that which is
SUBAWARD AGREEMENT NO. 93-110443 Page 43 of 48
Form update date: 2024..07.30
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
normally possessed by a prudent person in the ordinary course of business dealings
(9) Except for transactions authorized under paragraph (5) of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies
available to the Federal Government, the Department or agency with which this
transaction originated may pursue available remedies, including suspension and/or
debarment.
Form AD -1048 (REV 12/22)
SUBAWARD AGREEMENT NO: 93-110862 Page 44 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
EXHIBIT G — SUBCONTRACTOR INCLUSION PLAN
For Contractors Who Plan to Use Subcontractors to Perform the Contract
CONTRACT NUMBER:
93-110862
CONTRACTOR:
City of Tukwila
OF CONTRACT
Type/print full legal name of Contractor
INSTRUCTIONS
1. Contractors that intend to use Subcontractors for the above referenced Contract must
complete Section 1 of this Subcontractor Inclusion Plan.
2. Section 2 — Provides instructions and information regarding who must submit this
Subcontractor Inclusion Plan and what is required.
3. Section 3 — Provides information on definitions of the businesses as used in this
Subcontractor Inclusion Plan.
SECTION 1: SUBCONTRACTOR INCLUSION PLAN
Contractor shall list the anticipated small/veteran/diverse business category goals for Subcontractor
participation. Contractor may list any goal amount that they feel is appropriate and attainable for
them. These are aspirational goals for Contractor's use of small/veteran/diverse Subcontractors. if
known, provide the name of each business in the appropriate category as they are listed in
Washington's Electronic Business Solution (WEBS).
SUBCONTRACTOR'Category
ANTICIPATED%
ANTICIPATED' UBCUNTRACTOR NAMES
'SAS DESCRIBED BELOW
OF CONTRACT
(LIST ALL IN THE APPROPRIATE BOX BELOW IF
SPEND AMOUNT
KNOWN)
(DETERMINED BY
THE CONTRACTOR,
MINORITY-OWNED BUSINESS
0%
(MBE)
WOMAN -OWNED BUSINESS
0%
(WBE)
CERTIFIED COMBINATION
0%
OWNED BUSINESS (CBE)
CERTIFIED MINORITY WOMAN
OWNED BUSINESS (MWBE)
0%
SOCIALLY AND ECONOMICALLY
DISADVANTAGED BUSINESS
0%
SEDBE
VETERAN -OWNED BUSINESS
0%
VOB
SUBAWARD AGREEMENT NO: 93-110862 Page 45 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
WASHINGTON SMALL BUSINESS 0%
(SB)
Contractor commits to a make a genuine effortto achieve the proposed subcontract spend amounts
with small/veteran/diverse Subcontractors as stated above. Contractor will develop a
comprehensive outreach strategy including outreach, education/mentorship, and process changes
designed to increase participation by small/veteran/diverse businesses that are registered with the
State of Washington in WEBS.
gDocuSigned by:
L/ 7�07PiYb
4952E7B8ACF5404...
Contractor's Authorized Representative
5/8/2026 1 10:30 AM PDT
Date Signed
SECTION 2: INFORMATION & INSTRUCTIONS FOR COMPLETING
SUBCONTRACTOR INCLUSION PLAN
Contractors who intend to use Subcontractors must complete the Subcontractor Inclusion
Plan in the form set forth above. Contractors who do not submit a Subcontractor Inclusion
Plan may be precluded from utilizing Subcontractors to perform the Contract.
■ Note: Subcontractor Inclusion Plan is NOT required if Contractor does NOT
intend to use Subcontractors for this Contract.
2. As part of the Subcontractor Inclusion Plan, Contractor is encouraged to include an
anticipated list of small/diverse Subcontractors who may assist the Contractor in fulfilling
Contractor's contractual obligations. This list should identify any Subcontractors who are
small/veteran/diverse businesses as defined below.
Note: The businesses included in the Subcontractor Inclusion Plan are listed as
examples of businesses Contractor may use as Subcontractors and does NOT
obligate Contractor to utilize those specific businesses in performing the Contract.
Contractor will report performance and progress to DNR as set forth in the
Contract and in annual contract management meetings.
If the proposed Subcontractors are self -identified diverse businesses, Contractor will
encourage and support efforts for their certification with the appropriate Washington State
agencies.
4. The small/veteran/diverse business goals set forth herein are voluntary. Contractors will
not be in breach of this Contract if the Subcontractor Inclusion Plan has a zero
small/veteran/diverse business participation amount. DNR, however, encourages
Contractors to be proactive in engaging small/veteran/diverse business participation.
5. Contractors who utilize Subcontractors will meet with DNR annually regarding their
small/veteran/diverse business inclusion goals set forth in their Subcontractor Inclusion
Plan.
SECTION 3: SMALL/VETERAN/DIVERSE BUSINESSES DEFINITIONS
For purposes of the Contract, the below terms have the following meanings:
SUBAWARD AGREEMENT NO: 93-110862 Page 46 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
BusiNEss CATEGORY
DEFINITION i
Minority -Owned Business
Limited to firms certified by the Washington State Office
(MBE)
of Minority and Women's Business Enterprises (OMWBE)
as a minority-owned business. See, RCW 39.19.120 and
WAC 326-20.
Woman -Owned Business (WBE)
Limited to firms certified by the Washington State Office
of Minority and Women's Business Enterprises (OMWBE)
as a woman -owned business. See, RCW 39.19.120 and
WAC 326-20.
Combination Owned Business
Limited to firms certified by the Washington State Office
(CBE)
of Minority and Women's Business Enterprises (OMWBE)
as a business owned by women and minorities. See, RCW
39.19.120 and WAC 326-20.
Minority Woman Owned
Limited to firms certified by the Washington State Office
Business (MWBE)
of Minority and Women's Business Enterprises (OMWBE)
as a business owned by minority women. See, RCW
39.19.120 and WAC 326-20.
Socially and Economically
Limited to firms certified by the Washington State Office
Disadvantaged Business
of Minority and Women's Business Enterprises (OMWBE)
(SEDBE)
as a business owned by minority who are found to be
socially and economically disadvantaged on a case-by-case
basis. See, RCW 39.19.120 and WAC 326-20.
Veteran -Owned Business (VOB)
Limited to firms certified by the Washington State
Department of Veterans Affairs (WDVA) as a Certified
Veteran -Owned Business. See, , RCW 43.60A.010(7) and
RCW 43.60A.190. Such firms must meet four
requirements:
1. 51% Ownership. The firm must be at least fifty-one
percent (51%) owned and controlled by:
(a) A veteran as defined as every person who at the time he
or she seeks certification has received a discharge with an
honorable characterization or received a discharge for
medical reasons with an honorable record, where
applicable, and who has served in at least one of the
capacities listed in RCW 41.04.007;
(b) A person who is in receipt of disability compensation
or pension from the Department of Veterans Affairs; or
(c) An active or reserve member in any branch of the
armed forces of the United States, including the national
guard, coast guard, and armed forces reserves.
2. Washington Incorporation/Location. The firm must
be either an entity that is incorporated in the state of
Washington as a Washington domestic corporation or, if
not incorporated, an entity whose principal place of
business is located within the State of Washington.
SUBAWARD AGREEMENT NO: 93-110862 Page 47 of 48
Form update date: 2024.02.13
Docusign Envelope ID: 16FD9A2F-3205-88A8-8361-4814747EE1AE
3. WEBS Certification. The firm must have certified its
Veteran -Owned Business status in Washington's Electronic
Business Solution ()KEBS).
4. WDVA Certification. The firm must have provided
certification documentation to the WDVA and be certified
by WDVA and listed as such on WDVA's website (WDVA
vc�ciau-vwucu �u�uic��c� .
Washington Small Business Limited to firms that meet the following three (3)
(SB): requirements:
1. Location. The firm's principal office/place of business
must be located in and identified as being in the State of
Washington. A principal office or principal place of
business is a firm's headquarters where business decisions
are made and the location for the firm's books and records
as well as the firm's senior management personnel.
2. Size. The firm must be owned and operated
independently from all other businesses and have either:
(a) fifty (50) or fewer employees; or (b) gross revenue of
less than seven million dollars ($7,000,000) annually as
reported on the firm's federal income tax return or its
return filed with the Washington State Department of
Revenue (WDOR) over the previous three consecutive
years.
3. WEBS Certification. Contractor must have certified its
Washington Small Business status in Washington's
Electronic Business Solution (WEBS . See,
RCW 39.26.010(22) and RCW 39.26.010(13).
Washington Small Business also includes, Minibusinesses
and Microbusinesses.
Such firms just have a small `size' requirement:
• Minibusiness Size Requirement: The firm must be
owned and operated independently from all other
businesses and have a gross revenue of at least one
million dollars ($1,000,000) but less than three
million dollars ($3,000,000) annually as reported
on the firm's federal income tax return or its return
filed with the WDOR. See, RCW 39.26.010(17).
Microbusiness Size Requirement: The firm must be
owned and operated independently from all other
businesses and has a gross revenue of less than one
million dollars ($1,000,000) annually as reported on
the firm's federal income tax return or its return filed
with the WDOR. See
SUBAWARD AGREEMENT NO: 93-110862 Page 48 of 48
Form update date: 2024.02.13