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HomeMy WebLinkAbout5375 RESOLUTION NO. 5 3 7 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASWINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF TWENTY-FIVE THOUSAND TVVO HUNDRED FORTY- TWO DOLLARS ($25,242.00), AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF ECOLOGY AND THE CITY OF AUBURN TO ACCEPT SAID FUNDS FOR IMPLEMENTATION OF THE 2017- __. 2019 LOCAL SOLID WASTE FINANCIAL ASSISTANCE GRANT PROGRAM. WHEREAS, King County and the City of Auburn have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the Washington State Department of Ecology with King Counry Solid Waste Division has established a waste reduction and recycling grant program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling for Auburn businesses and residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Grant in the 4otal amount of twenty-five thousand two hundred forty-two dollars ($25,242.00) is accepted, which Grant constitutes reimbursement of funds for implementing the 2017-2019 Local Solid Waste Financial Assistance Grant Program. Section 2. The Mayor of the City of Auburn is authorized to execute an Interlocal Agreement with the Washington State Department of Ecology for the Resolution No 5375 6l21/2018 Page 1 of 2 reimbursement of said funds. Said Agreement shall be in substantiai conformity to the one attached hereto, designated Grant No.: W2RLSWFA-1719-AubuSW- 00096, which is incorporated by 4his reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as necessary to carry out directions of the legislation. Section 4. This Resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this 25th day of June, 2018. CITY OF AUBURN NCY B 1! S, MA R ATTEST: Dan'iell�e �E,.�skam, City Clerk APP ED O FORM: Daniel B. Heid, City Attorney Resolution No. 5375 6121/2018 Page 2 of 2 � _,��,�:; DEPARTMENT OF RECEIVED � ECOLOGY ; �u� 5 2o,e ; � State of Washington � Agreement No. W2RLSWFA-1719-AubuSW��Y W2RW'� WASTE 2 RESOURCES LOCAL.SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF AUBURN This isa binding Agreeinent entered into by and 6etween the state of Washington,Department of Ecology, hereinaRei refecred to as"ECOLOGY,"and CITY OF AUBURN,hereinafter refeaed ro as the"RECIPIENT,"[o carry out with the provided funds activities described herein. GENERAL INFORMATION P;oject Title: 2017-19 LSWFA City of Aubum IMP Total Cost: $33,656.00 Total Eligible Cost: $33,656.00 Ecology Share: $25,242.00 Recipient Shaze: $8,414.00 The Effecrive Date of this Agreement is: 07/Ol/2017 The Expiration Date of this Agreement is no later than: 06/30/2019 Project Type: Plapning/Implementation Proiect Sliort Descriotion: The Ciry of Au6um will spend$33,656.00 to conduct"back to basics"recycling outreach to residents and schools, and to also support waste prevention and reuse Via tools and events. As a result, approximately 29.5 tons of potential waste will be either prevented or recycled by some 1,450 participants. Project LongDescription: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation;and comply with state and local solid and hazardous waste management plans and laws. Stah of Washin�ou Deparamrnt of Ewlogy Page 2 of 20 AgrceinrnWo: W2RLSWFA-1719-AubuSW-00096 Projcct Title: 2017-19 LS WFA Ciry of Aubum IMP Recipient Name: CITY OF.4UBURN RECIPIENT INFORMATION Oiganization Name: CITY OF AUBURN Federal Taic ID: 91-6001228 DUNS Nuinbec: 032942575 Mailing Address: 25 West Main St Aubum, WA 98001 Physical Address: 25 West Main St Aubum,Washington 98001 Organization Email: jenelson@aubumwa.gov Contacts Project Manager Joan Nelson Solid Waste&Recycling Supervisor 25 West Main St Aubum,Washington 98001 Email: jenelson@aubuaiwa.gov Phone: (253)931-5103 �I Billing Contact Consuelo Rogel Financial Analyst ', 25 West Main Street Aubum,Washington 98001 Email: crogel@auburnwa.gov Phone: (253) 804-5023 AutLorized Nancy Backus Signatory Mayor 25 W Main St Auburn,Washington 98001 Email: nbackus@aubumwa.gov Phone: (253) 931-3041 Version 10/30/2015 Sqte of Washington Departmrnt of Ecology Page 3 of 20 AgreemenWo: W2RLSWFA-l719-AubuSW-00096 Project Tide 2017-19 LSWFA Ciry of Aubum IMP Recipient Name: CITY OF AUBURN ECOLOGY INFORMATION Mailing Address: D.epartment of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resowces 300 Desmond Dri4e SE Lacey, WA 98503 Contacts Diana Wadley Project Manager 3190 - 160th Ave SE Bellewe,Washington 98008-5452 Email: dwad461@ecy.wa.gov Phone: (425)649-7056 Diana Wadley Financlal Manager 3190- 160th Ave SE Bellewe, Washington 98008-5452 Email: dwad461@ecy.wa.go4 Phone: (425) 649-�056 vn5�o� ioisonois State of Washington Departmrnt of Ecology Page 4 of 20 AgrecmenWo: W2RLSWFA-UI9-AubuSW-00096 Project Tide: 2017-19 LSWFA City of Aubum IMP Recipirnt Nama CITY OF AUBURN AUTHORIZING SIGNATURES RECIPIENT agrees to fiunish the necessary personnel, equipment,materials,services,and otherwise do all things necessary for ot incidental to the performance of work as set forth in this Agreement. . RECIPIENT acknowledges that they had the opportunity to review the entire Agreement,including all the terms and condirions of this Agreement, Scope of Work,attachments,and incorporated or reFerenced documents, as well as all applicable laws,statutes,rules,regulations,and guidelines mentioned in this Agreement. Futthermore, the RECIPIENT has read,understood,and accepts all requiremenu contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth,or incorporated by reference,herein. No s6bsequent ipodifications or amendments to tHis agreement will be of any force or efFect unless in writing,signed by anthorized representatiyesof the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized repiesentative and shall not be binding until so approved. The signatories to tlris Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety, including all attachments,do agtee in each and every particulaz and have thus set their hands hereunto. Washington State CITY OF AUBURN Depaztment of Ecology By� ��� �� ��q�/� BY. .. .I Laurie Davies Date Nancy Backus �f Date Waste 2 Resources Ivlayor Program Manager �Template Approved to Form by Attomey General's Office Version.IO/30I2015 � StaM of Waslung[on Departmcnt of Ecology Page 5 of 20 AgrcemenWo: W2RLSWFA-17l9-AubuSW-00096 Projcct Title: 20U-19 LSWFA City of Aubum IMP Recipirnt Nama CITY OF AUBURN SCOPE OF WORK Task Number. 1 Task Cost: $2Q 156.00 Task Title: Residential Recycling/Waste Prevention Task Descrintion: Activiry-Reducing Recycle Contamination Working with.residenu,RECIPIENT will tazget naighboc}ioods to perfo;m recycle bin 4isual inspections and tagging to help reduce contamination. RECIPIENT will espmate contamination during the check,tag accordingly,and then conduct follow-up visits to assess change. RECIPIENT will use different forms of inedia and promotional methods to residents throughout the Agreement period. RECIPIENT will fows on a"Recycle More. Recycle Righf'or"Back to Basics"approach to increase recycling and reduce contamination. Efforts may include,but are not limited to: producing waste reducrion and recycling advertisements,flyers andpostcazds;providing educational table displays and staffing at approximately two City events related to promoting waste reduction/consumption;and the cart checks. RECIPIENT is reminded that all grant-funded giveaway items must fust be pre-approved by ECOLOGY. Additionally, RECIPIENT shali obtain ECOLOGY's approval for all Agreement-funded communication materials or documents related to the fulfillment of this Agreement,per section 18 of the General Terms and Conditions of tlus Agreement. Confact your Ecology Project Manager to obtain approval. Reimbursement for costs incuri�ed by contractors to icqplement work ideqtified in this task are subject ro the same eligibility and reimbursement re:quirements as the RECIPIENT, and reqnire ECOLOGY approval. Activity-Communi.ry Materials Exchange RECIPIENT will coordinate a weekend when residents may exchange materials or money in a"Communiry Yazd Sale." Benefits to residents participating as sellers include use of City-provided promotional materials,and inclusion on the City's map of sale sites. Benefits to buyers and the environment include a compilation of locarions for more efficient Srip planning, and reuse of items at a lower-than-new sales price. Task Goal Statement: The goal of this task is to increase recycling, reduce contamination,and promote waste reduction among residents, _ _ _. bringing awazeness to existing collection guidelines and programs,while inspiring residents to participate. Task Expected Outcome: For Reducing Contamination,RECIPIENT will assess the change in contamination based on the difference between initial and follow-up cart checks. From the initial cart check to the follow-up cart check,RECIPIENT anticipates at least a 75%decrease in the number of carts found to wntain contamination. RECIPfENT will also estimate the change in tonnage diverted into recycling. To estimate residential contacts made, RECIPIENT will track the number of flyers, etc. distributed and the reach of advertising. To estimate participants,RECIPIENT will.track attendance at events,and the number of caR checks. Surveys may also be used as appropriate,or hauler data for the areas reached with this task. Version 10/30/2015 .State of Washington Departrnent of Ecology Page 6 of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-19 LSWFA City of Aubum IMP Recipirnt Name: CITY OF AUBURN To estimate the tons diverted from the waste stream via the CommuniTy Yard Sale,RECIPIENT will multiply 50 pounds by the nutnber of sellers. As a result of this fask, over the Agreement period,RECIPIENT estimates an additiona125 tons recycled by p"artieipating;residents. RECIPIENT expects to make 22,500 residential contacts,resulting in 1,000 residential participants. Recinient Task Coordinator: Joan Nelson&Kathleen Edman Resideutial Reeycling/W9ste Prevention Deliverables Number Description Due Date ��� Work as defined in the Scope of Work for this Agreement is 06/30/2019 im lemented. Version 10/30/2015 State of Washington Departmwt�of Ecoloyry Page 7 of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-191SWFA City of Aubum IMP Recipirnt Namr. CIYY OF AUBURN SCOPE OF WORK Task Number> 2 Task Cost: $13,500.00 Task Title: Business Recycling/Waste Prevention TaskDescription: Activity-School Waste Reduction and Recycling RECIPIENT,with a consultant,will support the Auburn School District(ASD)'s continuing hazd work to increase their diversion rate,reduce contamination of recycling and organics waste streams,and reduce overall waste. RECIPIENT wiD provide waste reduction and recycling presentations to students and work with school staffto ensure the school can provide the best waste management services possible. RECIPIENT will provide the ASD Resource Conservation Manager(RCM)with advance notice of the dates and locations of the classroom presentations. RECIPIENT also will coordinate wiH�the RCM to increase waste prevention and recycling through the promotion of the King County Green Schools and Washington Green Schools programs. In addition,the City may partially fund a water bottle refill station at a school or schools within the ASD to promote waste reduction. Expected costs include consultant time,outreach printed materials,presentation props, and tools such as a water bo.ttle refill station. RECIPIENT is reminded that all grant-funded giveaway items must first be pre-approved by ECOLOGY. Additionally,RECIPIENT shall obtain ECOLOGY's apgroval for all Agreement-fnnded communicatiop materials or documents related to the fulfillment of this Agreement,pe;section 1 S of the General Temis and Conditions of 4his Agreement. Contact yonr Ecology Project Manager to obtain approval. Reimbursement for costs incurred by contractors to implement work identified in tFris taskaze subject to the sazne eligibiliry and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval. Task Goal.Statement: The goal of this task is to increase waste reduction and recycling awareness and practices in Aubum's schools, resulting in effective waste management behaviors both at home and school. TaskExoected Ontcome: Over t6e two-yeaz Agreemenbperiod,the RECIPIENT expecu about 4.5 more tons recycled or reduced via approximately 450 students paRicipating via reception of school outreach suchas one of approximately 15 school presentations given. RECIPIENT will track the nwnber of students and staff reached through presentations or one-on-one meetings (participants),as well as notified of the availability of outreach(contacts). REC[PIENT estimates 20 more pounds will be recycled or reduced per year per student or staff inember participating in a presentation. If the water bottle refill station is realized, RECIPIENT will seek data regarding its waste reduction impact. Version 10/30/2015 Sqte of Washington Depertrnent of Ecology Page 8 of 20 AgreementNo: W2RLSWFA-1719-Aubu5W-00096 Projwt Titic: 2017-19 LSWFA City of Aubum IMP Recipien(Name: 6ITY OF AUBURN Reciuient Task Coordinator: Joan Nelson&Kathleen Edman Business Recycling/Waste Prevention Deliverables Number Description Due Date Z•� Work as defined in the Scope of Work for this Agreement is 06/30/2019 im lemented. Version l0/30/2015 State of Washington Departmrnt oFEcology Page 9 of 20 AgreemenWo: W2RLSWFA-t719-AubuSW-00096 Project TiHa 2017-19 LSWFA Ciry of Aubum IMP Recipient Name: CIl'Y OF AUBURN BUDGET Funding Distrib;uNon EG180374 NQTE: The abo9e funding distribution number is used to identify this specif:c agreement and budget on gaymen; remittances nnd mdy Ge referenced on other commun:cations from ECOLOGY. Your agreement may have multiple funding distriGutian numbers ta iden{ify eaeh budget. Funding Title: City of Auburu IMP Funding Type: Grant Eunding Effec6ve Date: 07/O1/2017 Funding Expiration Date: 06/30/2019 Funding Source: Title: State Building Construction Account(SBCA) Type: State Funding Source%: 100% Description: Local Solid Waste Financial Assistance Appmved Indiiect Costs Rate: Approved State Indirect Rate: 25% Recipient Match%: 25% InKindlnterlocal Allowed: No InKind Other Allowed: Na Is this Funding Distribution used to match a federal grant? No City of Aub'u'u IMP Task Total Residential Recycling/Waste Prevention $ 20,156.00 Bnsiness Recyoling/Waste Prevention $ 13,500.00 Total: $ 33,656.00 Venion 10/30/2015 State of Washington Departmrnt of Ecology Page IO�of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-19 LSWFA Giry of Aubum IMP Recipient Name: CITY OF AUBURN Fundin¢Distribution Summarv Recipient/Ecology Share Fanding Distribution Name Recipient Match % Recipient Shaie Ecology Share Total City of Aubum IMP 25.00 % $ 8,414.00 $ 25,242.00 $ 33,656.00 Total $ 8,414.00 $ 25,242.00 $ 33,656.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portlon ot all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. A:CERTIFICATION REGARDING SUSPENSION.DEBARMENT.INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred, proposed for debarment,declazed ineligible or otherwise excluded from contracting with the federal goyemment,or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to wfiy they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate wiitten notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR leains that its ceitification was erroneous when submitted ot had b'ecome _ . ._ enoneous by reason of changed cucumstances. 3: The terms covered transaction,debarred;suspended,ineligible,lower tier covered transaction;participant, person,primary covered hansaction,principal,proposal,and voluntarily excluded,as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly erit8r into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended,declared ineligible,or 4oluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agre.es 6y sigiiing this agieement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered trarisactions and in all solicitations for lower tier _ _ _ _ covered transactions. 6. Pursuant[0 2CFR18033Q the RECIPIENT/CONTRACTOR is responsible for ensdring that any lower tier covered transaction complies with certification of suspension and deb.azinent requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing fo disclose the information reqniied in the Code of Federal Regulations may result in the delay or flegation of this funding agreement, or pursuance of legal Version l0/30/2015 State of Washingron Deparhnent of Ecology Pagc I I of 20 AgrcementNo: WZRLSWFA-17I9-AubuSW-00096 Prqcct TiUe: 2017-19 LSWFA Ciry of Auburn IMP Recipient Name: CITY OF AUBURN remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agteement file,that it,and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be app;oved for payinent. RECIPIENT/CONTRACTOR must run a search in <htto://wwwsam.gov>and print a copy of completed searches to document pro,of of compliance. B.FEDERAL FLJNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATAI REPORTING REOUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and retum it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than$25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. . Receives more than$25,000,000 in annual federal funds. Ecology will not pay any in4oices until it has received a completed and si�ed FFATA Data Collection Form. Ecology is requiied to report the FFATA information for federally funded agreements, including the required DUNS number,at www.fsrs.gov <htto:/Lwww.fsrs.�ov/>within 30 days of agreement signature. The FFATA inforniation will b"e available to the public at www.usaspendine.eov<http://www.usaspendin .��. For more details on FFATA requirements,see www.fsrs.eov <htto://www.fsrs.eov/>. Version 10/30/2015 State of Washington Departnent of Ecology Page 12 of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-19 LS WFA CiTy of Aubum 1MP Recipient Name: CITY OF AUBIJRN GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT sh;all follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.htm1) _ b) RECIPIENT shall complete all activities funded by this Ageement and be fully responsible for the proper management oFall funds and resources made available underthis Agreement. c) RECIPIENT agrees to take complete responsibility forall actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to requestproof of compliance by subgrantees and contractors. d) REGIPIENT's activiries under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS THis Agreement may be altered,amended,or waived only by a wriften amendment executed by both parties. No subsequentmodification(s)or amendment(s)of thisAgreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and.administrative inforcnation withont the concurrence of either party. 3. ARCI�IAEOLOGICAL AND CULTURAL RESOURCES RECIEIENT shall take reasonable action to avoid,minimize, or mitigate adverse effects to azcheological and historic rasontces. The RECIPIENT must agree to hold h:armless the State of Washington in relation to any claim related to historical oc cultural artifacts discoVered, dishubed,or damaged dpe to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Pro�am issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required,comply with Govemor Executive Order 05-05,Archaeology and Cultural Resources. • For projects with any federal involvement, if required,comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements ciiust be coriipleted prior to the start of any work on the project site. b) If re.quired by[he ECOLOGY Program, submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to implementing any project that involves ground disturbing acrivities. ECOLOGY will provide the IDP form. RECIPIENT shall: • ICeep the IDP at the projecbsite. � Make the IDP readily available to anyone working at the project site. • Discuss tlie IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or htunan remains aze found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic Preservatiop at(360)586-3064,any affected Tribe, and the local govemment. d) If apy human remains are found while conducting work under this Agreement: Version 10/30/2015 State of Washington Department of Ecology Pagc 13 of 20 AgreementNo: W2RLSWFA-l719-AubuSW-00096 Project Titlr. 2017-19 LSWFA City of Aubum IMP Recipien[Name: CITY OF AUBURN • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and then thp ECOLOGY Program. e) Comply with RCW 27.53,RCW 27.44.055,and RCW 68.50.645,and all other applicable local, state,and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigied by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENI"s designees, ECOLOGY,all affected local,state,or federal jurisdictions,and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the REC1PiENT. ECOLOGY must sign the Agreement before any payment requests can be submifted. b) Payments will be made on a reimbursable basis for approved and cocnpleted work as specified in this Agreement. c) RECIPIENT is responsible;o determine if costs are eligible. Any qnestions regarding eligi6ility should be clazified with BCOLOGY prior to incurring costs. Costs tliat are conditionally eligible require approval By ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agteed on by ECOLOGY. e) ECOLOGY will not process payment requesu without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. � ECOLOGY will pay the RECIPIENT thit[y(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration formand an IRS W-9 form at the website,http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payinents claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily coipply with any tertn or condition of this Agreement. i) Mopies withheld liy ECOLOGY may be paid ro the RECIPIENT when the work described herein,or a portion thereof;has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to tlus Agreement,as appropriate,or upon completion of an audit as specified herein. j) RECIPIENT mus[submit within thirty(30)days after the expiration date of this Agreement, all financial, performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal,state and local laws,orders,regulatio�s,and permits related fo this Agreement,inclbding but not limited fo: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State oF Washington which affect wages and job safefy. b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against discrimina[ion. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and ptovide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project rimeline for the permit and approval processes. Version 10/30@O15 Statenf Washington DepartmenCof Ecology Page 14 of 20 AgreemenfNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-19 LSWFA City of Auburn IMP Recipient Name: C[TY OF AUBURN ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any stahtte or rule of law of the state of Washington,it is consideced modified to conform ro that statute or rule of law. 8. CONFLICT OF INTEREST RBCIPIENT and ECOLOGY agree that any o�cer,member,agent,or employee,who exercises any function or responsibiliry in the review,approval,or cazrying out of this Agreement, shall not have any personal or financial interest,direct or indirect,nor affect the interest of any co:poration,partnership,or association in which he/she is a part; in this A�eement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its perFormance under this Agreement. RECIPIENT shall award all contracu for construction,purchase of goods,equipment,services,and professional azchitectural and engineering services duough a compeutive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standazd procurement procedures and applicable state law in awazding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procdrement practices related to this Agreecnent. Any costs incqrredas a result of procdrement practices not in compliance with stafe procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of ttie work,or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIP[ENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heazd and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY From an appeal will be final and conclusive,unless within thuty(30)days&om the date of such decision,the RECIPIENT fumishes to the Director of ECOLOGY a written appeal. Tlie decision of the Director or duly aufhorized representative will be final and conclusive. The pazties agree that this dispute process will precede any action in a judicial or quasi judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston Counry. Review of the Direcror's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this Agreementand inaccordance with the decision rendered. Nothing in this Agreement will be consuued to limit the parties' choice of another mutually acceptable method,in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Asswance Project Plan(QAPP)for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact Version 10/30/2015 Sta[e of Washington Deparhnent ofEmlogy Page IS of 20 AgrcemenWo: W2RLSWFA-l719-AubuSW-00096 Project Title: 20I7-19 LS WFA City of Aubum IMP Recipient Name: C[TY OF AUBURN the ECOLOGY Program issuing the grant oi loan, If a QAPP is required,tlie RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance (QA)officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENI'shallsubmi[environmental data that was collected on a project to ECOLOGY using the Emironmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise.The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find instructions at:fittp://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected and processe.d.Guidelines for Creating and Accessing GIS Data are available at: https;//ecology:wa.gov/Research-Data/Data-resources/Geographialnforinatiop-Systems-GIS/Standazds.RECIPIENT, when requested tiy ECOLOGY, shall provide copies to ECOLOGY of all£nal GIS data layers,imagery,related tables, raw data collection files,map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreament will begovemed by the laws of the State of Washington,and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries,consultant's fees,and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harcnless from and against any liability for any or all injuries to persons or property arising from We negligent act or omission af that party or that party's agents or emp(oyees arising out of this Agreement. 14. INDEPENDENT STATUS Th'e eiriployees,voluriteers,or agents of each party viho aze engaged in the performance of this Agreement will contiriue to 6e etriployees,volunteers,or agents of that party and will not for any pnrpose be employees,volunteers, or agents of the qther pazry. 15: KIC&BACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in retum for awazd of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,ceRiFied minority-owned(MBE)and women-owned(WBE)businesses in purchases and coritracts initiated under this Agreement. Contract awards or rejections cannot be made tiased on MWBE participation;however,the RECIPIENT is encouraged to take the following acrions,when possible,in any ptocurement under this Agceement: a) Incipde qnalified minority and women's businesses on solicitation lisfs whenever they are potential sources of goods or services. b) Diyide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximuxn participation by qualified minority and women's liusinesses. c) Establish delivery schedules, where work requirem@nts petmit,which will encourage participation of qnalified Version 10/30I2015 $tate of Wuhington Deparhnent of Ecology Page 16 0£20 AgreeinentNo: W2RLSWFA-17(9-AubuSW-00096 Projat Title: 2017-19 LSWFA Ciry of Aubum IMP Recipient Name: CITY OF AUBURN minority and women's businesses. d) Use the services and assistance of the Washington State O£fice o£Minority and Women's Business Enterprises (OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and state statutes and regulations;(b)The Agreement,(c)Scope of Work; (d)Special Terms and Conditions; (e)Any provisions or terms incorporated herein by reference,including the"Administrative Requ'uements for Recipients of Ecology Grants and Loans'; and(�the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreemenr. a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(]0)business days prior to prqducrion and distribution. b) RECIPIENT s1ia11 inciqde time for ECOLOGY's review and approval process in their project timeline. c) If reqpested,RECIPIENT shall provide ECOLOGY two(2) final copies and an elechonic copy of any tangible p;oducts developed. Copies include any printed materials,and all tangible producu developed such as brochures,manuals,pamphlets, videos,audio tapes,CDs,cu;riculum,posters,media announcemenu,or gadgets with a message, such as a refrigerator magnet,and any onli�e communications, such as web pages,blogs,and twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT shall provide a description(photographs,drawings, printouts,etc.)that best represents the item. Any communicarions intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requaements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PRO.GRESS REPORTING a) RECIPIENT mpst satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or tetminate this Agteement if the RECIPIENT does not,do"cument timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 tluough June 3Q July 1 through8eptember 30,and October 1 tluough December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been approved by ECOLOGY, all financial,performance,and other reports required by the agreement and funding program guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under ttus Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce,publish,recover, or otherwise use the material(s)or property,and to Version 10/30/2015 State of Washington Department ofEcology Page 17 of 20 AgreementNo: W2RLSWFA-l719-AubuSW-00096 Project Title: 2017-t9 LSWFA City of Aubum IMP RecipirntName: CI7'1 OFAUBURN authorize others to use the same for federal, state,or local govemment purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers,lechues,or seminars involving information snpplied by ECOLOGY; or use logos,reports, maps,or other data in printed reports, signs,biochures,paaiphlets, etc.;appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal proper[y purchased wholly or in part wi[h funds fiunished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Proper[y Fumished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project,itshall be returned to ECOLOGY prior to fmal payment by ECOLOGY. If said property is lost,stolen,or damaged while in the RECIPIENTs possession,then ECOLOGY shall be reimbutsed in cash or by setoff by the RECIPIENT for the fair mazket value of such propedy. � Acquisi6on Projects. The following provisions shall apply if the project covered by this Agreement includes funds fqr the ac_quisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable p�ior to disbursement of funds provided for in Uiis Agreement. __ _ 2, RECIEIENT shall provide satisfactory evidence of ti[le or abili.Ty to acguire title for each parcel prior to disbursement of fiands provided by this Agreement. Such evidence may include title insurance policies,Tonens certificates;or abstracts,and attomey's opinions establishing that the land is free from any impediment,lien,or claim whichwould impair the uses intended by this Agreement. g) Conversions. Regazdless of the Agreement expiration date,the RECIPIENT shall not at any time convert any equipment,property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior wri4ten approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLO.GY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement beaz to the total acquisition,purchase,or construction costs ofsuch property. 21. RECORDS,AUDITS,AND INSPECTIONS RECIPIENT shall inaintain complete program and financial records rela[ing to this Agreement, incldding any engineering documentation and field inspection reports of all construction work accomplished. All records shalb a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to tl�is Agreement. d) Be open for audit ar inspection by ECOLOGY,or by any duly authorized audit representative of the State of Waslungton,for a period ofat least three(3)yeazs afrer the final grant payment or loan repayment,or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjushnents if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit,or have a designated third parry audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for temunation. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of Version l0/30/2015 State of Wuhington Department of Ecology Page 18 of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Title: 2017-19 LSWFA Ciry of Aubum IMP Recipient Name: CITY OF AUBURN this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance,compliance, and any other conditions under this Agreemcnt. 22. RECOYERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT aze subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or iipallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amonnt of any erroneous payment or overpayment under this Agreemen[. RECIPIENT sh;all refund by check payable to ECOLOGY the amount oFany such reduction oFpayments or repayments within thir[y(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per yeaz from the time EGOLOGY demands repayment of funds. Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidiry shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement aze declazed to be severable. 24. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-I 1 WAC)have been or will be met. Any reimbursements aresnbject to this provision. 25. SUSPENSIQN When in the:best'interest of ECOLOGY, ECOLOGY may at any time,and without cause, suspend this Agreement or any portion.thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resqme performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement I sustainable practices and to purchase environmentally preferable products under this Agreement. ' a) Sustainablepracqc:es may include such activities;as: use of clean energy,pse of double-sided printing hosting low i"mpact meetings,andsetting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered compnters and imaging equipment,independently certified green cleaning prodpcts,remanufactured toner cartridges,products with reduced packaging,office products that are refillable,recharge8ble,and recyclable, and 100%post-consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, , https://ecology.wa.gov/Regulations-Permits/Guidapce-technical-assistance/Sustaipable-purchasing. 27. TERMINATION a) For Cause ECOLOGY may termiriate for cause this Agreement with a seVen(7)calendar days prior written notification to the Version 10/30/2015 Statc of Washing[on Department of Ecology Page 19 of 20 AgreemenWo: W2RLSWFA-17l9-AubuSW-00096 Projcct Tide: 2017-19 LS WFA City of Aubum IMP Recipient Nazne: CtTY OF AUBURN RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or fot a material breach of any term or condition. If this Ageement is so tetminated,the parties shall be liable only for performance iendered or cosu incwred in accordance with the terms of this Agreement prior to the effective date of tecmination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4)months after the effecrive date of this Agreement,or by any date mptually agreed upon in writing for commencement of work, o�th"e time period defined within the Scope of Work. Non-Perfonnance. The obligation of ECOLOGY to the RECIPIENT is conringent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY,to perform any obligation required of it by ttris Agreement,ECOLO.GY may refuse to pay arty fiuther funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington b"ecause of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold paymenu for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendaz days prior written notification to the RECIPIENT,except as noted below. If this Agreement is so terminated,the parties shall be liable only for peiformance rendered or cosu incutted in accordance with the terms of this Agreement prior to the effective date of terminatioa Non-Allocarion of Funds. ECOLOGY's ability to make payments is contingent on availabiliry of funding. In the event funding from state, federal or other sources is withdrawn,reduced,or limited in any way after the effective date and prior to the completion or expiration date of this Ageement,ECOLOGY,at iu sole discretion,may elect to terminate the Agreement,in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.. ECOLOGY mayalso elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency isxesolved. ECOLOGY may exercise any of these options with no notification or restrictions,although ECOLOGY will make a reasonable attempt to provide notice. In the event of ternunation or suspension, ECOLOGY will reimburse eligible costs incurred by the recipienUcontractor through the effective date of tetmination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation ro continue or complete Uie work described in this Agreement shall be contingent upon availabiliry of funds by the RECIPIENT's goveming body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part, at any time,by mutual written agreement. d) In Event of Termination All finished or unFinished docnmenu, data studies,surveys,drawings,maps,models,photographs,reports or other materials prepazed by the RECIPIENT under[his Agreement,at the option of EWLOGY,will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work Version 10/30/2015 State of N'ashington Departrnent of Ecology Pagc 20 of 20 AgreementNo: W2RLSWFA-1719-AubuSW-00096 Project Titk: 2017-19 LSWFA CiTy of Aubum IMP Recipient Name: CITY OF AUBURN completed on such documents and other materia(s. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid ro the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state ofWasliington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a deFault or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authoriaed representative o£ECOLOGY. Version l0/30/2015