HomeMy WebLinkAbout4545
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
ORDJ:NAlfCB NO. .. 5 .. 5
2
3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF FUNDS TO PROVIDE
MATCHING OF STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FUNDS
FOR IMPLEMENTING SPECIFIED HAZARDOUS WASTE PROGRAMS AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
COORDINATED PREVENTION GRANT AGREEMENT BETWEEN THE CITY AND
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY.
4
5
6
7
WHEREAS, the Auburn City Council of the City of Auburn
8
9
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1.
Pursuant to Chapter 3 5A. 33 RCW, the City
hereby approves the expenditure and appropriation of a
maximum total amount of FIFTY-SIX THOUSAND AND FIVE HUNDRED
AND SEVEN DOLLARS ($56,507.00) which constitutes forty per
cent (40%) matching funding as authorized in a grant
agreement between the ci ty of Auburn and the Washington
State Department of Ecology.
Section 2.
The Mayor and City Clerk of the City of
Auburn are authorized to execute a Coordinated Prevention
Grant Agreement between the City and the State of Washington
Department of Ecology which will provide grant funding to
the City of Auburn to enable the City to implement certain
specified hazardous waste programs.
A copy of said Grant
~----------------------
Ordinance No. 4545
February 10, 1992
Page 1
-_.__..~-_._,-~_. - -..--~-----,._---~------ '-----...------ ----.---
"
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
Agreement is attached hereto as Exhibit "A" and is
3
incorporated herein.
Seotion 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
4
5
6
7
8
Seotion 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
9
pUblication, as provided by law.
INTRODUCED:
(3~/(P-7d-J
~ - / tR -9 d---"
PASSED:
APPROVED:
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
S~~ R~
City Attorney
Published:
-----------------------
Ordinance No. 4545
February 10, 1992
Page 2
Grant No, r t)l ÄZO'
Coordinated Prevention Grant
Agreement with the City of Auburn
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This is a binding agreement entered into by and between the state of Washington
Department of Ecology, hereinafter referred to as the DEPARTMENT, and the City of
Auburn, hereinafter referred to as the RECIPIENT, to carry out the activities
described herein.
RECIPIENT ADDRESS
Auburn Fire Department
1101 "D" Street N.E,
Auburn, WA 98002
RECIPIENT REPRESENTATIVE
Robert Johnson
RECIPIENT TELEPHONE NUMBER
FAX
(206) 931-3060
(206) 931-3053
RECIPIENT PROJECT OFFICER
Chadrick Morse
DEPARTMENT PROJECT OFFICER
Kaia Petersen, (206) 438-7251
DEPARTMENT FAX
(206) 459-6445
REGIONAL DEPARTMENT REPRESENTATIVE
Ann Kenny, (206) 649-7269
FUNDING SOURCE
Local Toxics Control Account
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
$141,267
$84,760
$56,507
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
60%
SECURITY FOR PERFORMANCE
5% of each invoice
FEDERAL TAX IDENTIFICATION NO.
91-6001228
For the purpose of this agreement, the RECIPIENT will be allowed to match the
DEPARTMENT share with cash and inter local in-kind costs in accordance with pre-
application instructions.
The effective date of this grant is the date the agreement is signed by the
DEPARTMENT, Eligible costs for work performed on or after February 13, 1992, shall
be paid pursuant to a letter of authorization date February 19, 1992,
This agreement shall expire no later than December 31, 1993.
--------------------------
Ordinance No. 4545
Exhibit HAil
1 of 9
Grant No. {iV;'¡ (¡J)2rJ I
Coordinated Prevention Grant
Agreement with the City of Auburn
SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT's activities, budget(s)
and schedule(s),
1. PROJECT TASK: (SQGTAC) SMALL QUANTITY GENERATOR TECHNICAL ASSISTANCE AND
COMPLIANCE
Recipient Responsibilities:
The RECIPIENT is responsible for implementing small quantity generator
technical assistance and compliance activities identified in the Local
Hazardous Waste Management Plan (LHWMP) for Seattle-King County. The
RECIPIENT will provide copies of educational/promotional materials produced
under this task to other jurisdictions in King County which request these
materials. The RECIPIENT will coordinate the implementation of this task with
the Seattle-King County Department of Public Health (SKCDPH) and provide the
SKCDPH with the progress reports provided to the DEPARTMENT.
Maximum EliEible Cost: $110,851
Schedule:
January 1992 to December 1993
Project Description:
The RECIPIENT will participate as an active member of the Interagency
Regulatory Analysis Committee and the Response Network, if established.
The RECIPIENT will draft a request for proposal (RFP) for evaluation of city
programs for SQGs. The RECIPIENT will submit the draft RFP to the DEPARTMENT
for review and approval before advertising. The RECIPIENT will draft a
contract with the selected contractor and submit the draft contract to the
DEPARTMENT for review and approval before signing the contract. The
contractor will review city programs and prepare a draft report on areas that
need to be addressed. To verify the validity of the draft report, the
RECIPIENT will conduct a random check of 10 percent of the data included in
the draft report. The RECIPIENT will submit the draft report to the
DEPARTMENT and the SKCDPH for review and comment. The RECIPIENT will furnish
the copies of the final report to the DEPARTMENT and the SKCDPH.
The RECIPIENT will prepare emergency response plans for SQGs. To carry out
this activity, the RECIPIENT will purchase software, conduct site visits to
collect mapping information, input the information into a database, and brief
fire department personnel on the database. The RECIPIENT will coordinate with
the SKCDPH and the Municipality of Metropolitan Seattle (METRO) to ensure that
the database is transferable to the SKCDPH and METRO.
-------------------------
Ordinance No. 4545
Exhibit "A"
2 of 9
Grant No. r§ftID.101
Coordinated revention Grant
Agreement with the City of Auburn
The RECIPIENT will attend training on handling hazardous waste spills specific
to those releases that occur, or have a potential to occur, from small
quantity generators. The RECIPIENT will submit a description of the training
and a budget to the grant project officer for review approval before enrolling
in and attending any training.
The RECIPIENT will draft guidelines for implementation of the LHWMP within the
city of Auburn. The RECIPIENT will coordinate with other city departments for
input in the development of the implementation guidelines. The RECIPIENT will
submit the draft implementation guidelines to the DEPARTMENT and the SKCDPH
for review and approval before finalizing.
The RECIPIENT will collect informational materials for a resource library for
small quantity generators. The resource library will be housed in the Auburn
Public Library, The RECIPIENT will advertise the resource library through
coordination with METRO's inter-library loan system, the Green River Community
College library system, and the RECIPIENT's on-site audit program described
below.
The RECIPIENT will implement a program to promote hazardous waste reduction
and recycling by small quantity generators. The RECIPIENT will coordinate
with the SKCDPH and industry to obtain current information on hazardous waste
reduction and recycling, including hazardous waste publications, exhibitions
such as the Northwest WIN Expo, the SKCDPH telephone line for SQGs, and the
RECIPIENT's on-site audit program described below. The RECIPIENT will
disseminate this information to small quantity generators in the form of
brochures, flyers, and posters. The RECIPIENT will submit draft informational
materials to the DEPARTMENT and the SKCDPH for review and approval before
printing and distribution.
The RECIPIENT will establish an on-site audit program for small quantity
generators. The RECIPIENT will coordinate implementation of this audit
program with the SKCDPH and METRO so that information gathered during on-site
audits includes the same information gathered by the SKCDPH and METRO. The
RECIPIENT will provide the DEPARTMENT, the SKCDPH, and METRO with information
gathered from on-site visits. The RECIPIENT will develop audit assistance
information packets for small quantity generators. The contents of the
information packets will reviewed by the DEPARTMENT, the SKCDPH, and METRO
before distribution. The RECIPIENT will visit approximately 330 businesses
and distribute the information packets. The RECIPIENT will lease a vehicle, a
computer and a cellular phone to carry out this activity.
2. PROJECT TASK: (HHWEI) HOUSEHOLD HAZARDOUS WASTE EDUCATION AND INFORMATION
ReciDient ResDonsibilities:
-------------------------
Ordinance No. 4545
Exhibit "A"
3 of 9
Grant No. tJlfrJD201
Coordinated revention Grant
Agreement with the City of Auburn
The RECIPIENT is responsible for implementing household education activities
identified in the Local Hazardous Waste Management Plan for Seattle-King
County. The RECIPIENT will provide copies of educational/promotional
materials produced under this task to other jurisdictions in King County which
request these materials. The RECIPIENT will coordinate the implementation of
this task with the Seattle-King County Department of Public Health (SKCDPH)
and provide the SKCDPH with the progress reports provided to the DEPARTMENT.
Maximum Eli2ib1e Cost: $30,416
Schedule:
January 1992 to December 1993
Proiect Descriution:
The RECIPIENT will implement a public speaking campaign about household
hazardous waste, speaking to at least four public service groups. If training
is necessary to conduct the public speaking campaign, the RECIPIENT will
submit a description of the training and a budget to the grant project officer
for review approval before enrolling in and attending any training.
The RECIPIENT will draft educational materials on household hazardous waste
for two literature distribution campaigns. The RECIPIENT will submit these
draft materials to the DEPARTMENT and the SKCDPH for review and approval
before printing and distribution. The RECIPIENT will distribute these
materials to city residents.
The RECIPIENT will attend exhibitions and conferences in the Puget Sound area
to give presentations and exhibit displays on household hazardous waste. The
RECIPIENT will submit the draft designs of any displays to the DEPARTMENT for
review and approval before constructing.
CPG BUDGET
Maximum
Proiect Task Elhible Cost
1. SQG Technical Assistance and Compliance $110,851
2. HHW Education and Information 30,416
TOTAL $141,267 ~
-------------------------
Ordinance No. 4545
Exhibit "Au
4 of 9
Grant No. ~C¡J(J02DI
Coordinated Prevention Grant
Agreement with the City of Auburn
FUND SOURCE
Total Eligible Project Cost
$141,267
!!!ill\¡f;¡f,~~I¡I¡¡¡¡¡¡¡¡¡¡7i¡i¡'¡¡¡¡¡¡~¡I¡~iìf¡¡\!¡ï¡¡¡I¡¡¡¡{¡'¡I¡¡¡¡¡I¡l_j!_\!!ttilillllllif¡{i\it!ìfil...1.11_.lf!¡!¡!!,!!:
Local Toxics
Control Account
60%
$84,760
Cash Match or
Interloca1 Costs
40%
$56,507
ADDITIONAL BUDGET CONDITIONS
1. Five (5) percent of each payment will be withheld as retainage until
satisfactory completion of the project,
2. Overhead is eligible, not to exceed 15 percent of the RECIPIENT salaries and
benefits applied directly to the project.
3. Interlocal costs are eligible; other in-kind contributions are not eligible.
4. The fiscal office will monitor expenditures at the task level, A letter
amendment is required to redistribute costs among tasks. A formal amendment
is required to increase state funding.
5. The maximum allowable amount from LTCA is $84,760. All remaining costs will
be paid by cash match and inter10cal costs.
SPECIAL TERMS AND CONDITIONS
A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to utilize to the maximum extent possible, minority owned
and women owned businesses in purchases and contracts initiated after the
effective date of this agreement.
In the absence of more stringent goals established by the RECIPIENT's
jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT's goals for
minority- and women-owned business participation in all bid packages, request
for proposals, and purchase orders. These goals are expressed as a percentage
of the total dollars available for the purchase or contract and are as
follows:
----------------------
Ordinance No. 4545
Exhibit "A"
5 of 9
Grant No. GèfZOO20/.
Coordinated Prevention Grant
Agreement with the City of Auburn
Minority-owned business participation 10%
Women-owned business participation 6%
The RECIPIENT and ALL prospective bidders or persons submitting qualifications
shall take the following steps in any procurement initiated after the
effective date of this agreement:
1. Include qualified minority and women's businesses on solicitation lists.
2. Ensure that qualified minority and women's businesses are solicited
whenever they are potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller
tasks or quantities, to permit maximum participation by qualified
minority and women's businesses.
4. Establish delivery schedules, where requirements permit, which will
encourage participation of qualified minority and women's businesses,
5. Use the services and assistance of the State Office of Minority and
Women's Business Enterprises and the Office of Minority Business
Enterprises of the U.S. Department of Commerce, as appropriate.
The RECIPIENT shall provide written certification, on a form provided by the
DEPARTMENT, that the above steps were/will be followed.
The RECIPIENT shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified
firms. The report will address:
1. Name and Federal Tax Identification number of qualified firm rece1v1ng
funds under the voucher, including any sub and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
B. INTERLOCAL AGREEMENTS
If parties other than the RECIPIENT are contributing to the local share of
project costs, memoranda of understanding or other written agreements
confirming the contribution must be negotiated. These agreements must specify
exact work to be accomplished and be signed by all parties contributing to the
local match of this project, Copies of these agreements shall be submitted to
the DEPARTMENT,
C. PROMOTIONAL AND EDUCATIONAL MATERIALS
All promotional and education materials developed as part of this grant shall
be submitted to the DEPARTMENT for review and approval before being
6 of 9
----------------------
Ordinance No. 4545
Exhibit "A"
Grant No. G"ZOO~n,
Coordinated Prevention Grant
Agreement with the City of Auburn
printed/published. The DEPARTMENT shall have the right to use .any printed
materials developed as part of this project in any manner the DEPARTMENT deems
appropriate. The Washington State Department of Ecology will b,. acknowledged
for providing funding in all published material and oral presentations that
result from this grant.
D, PROCUREMENT AND CONTRACTS
1. The RECIPIENT shall request and receive written authoriza1:ion from the
DEPARTMENT to contract performance to others, prior to proceeding with
the procurement of a contract (Reference General Terms and Conditions,
Item A.).
2. The RECIPIENT shall provide written certification that th..y will follow
their standard procurement procedures and/or applicable state law in
awarding contracts; RECIPIENTS with no formal procurement procedures
will be required to certify that they have complied with t:he "St.andards
for Competitive Solicitation", found in the AdministrativE' Reauirements
for Ecolo~v Grants and Loans. WDOE 1991.
3. The RECIPIENT shall submit all requests for qualifications: (RFQ' s),
requests for proposals (RFP's), and bid documents relating; to this grant
agreement to the DEPARTMENT for review at least 30 days prior to
advertising. The RECIPIENT shall receive DEPARTMENT written approval to
proceed prior to advertising.
4. Prior to award of a contract, the RECIPIENT shall submit for review and
approval, a summary of proposals received, the recommended selection,
and evidence of proper advertising or solicitation.
5,
Prior to execution, the RECIPIENT shall submit a copy of the
contract to the DEPARTMENT for review and written approval.
execution, the RECIPIENT shall submit a copy of the contract
DEPARTMENT.
proposed
Following
to the
E, USE OF EXISTING CONTRACTS
The RECIPIENT shall request and receive written authorization from the
DEPARTMENT to use contracts entered into prior to the execution of the grant
agreement for performance of grant funded activities. The request shall
include a description of the procurement process used, certification by the
RECIPIENT's signatory and legal counsel that all procurement requirements have
been met, and a copy of the executed contract,
F. ENGINEERING PLANS AND SPECIFICATIONS
All engineering plans and specifications submitted for review shall be
completed and stamped by an appropriate licensed professional engineer. The
7 of 9
-----------------------
Ordinance No. 4545-
Exhibit "A"
Grant No. Gc=t2GðZOI
Coordinated Prevention Grant
Agreement with the City of Auburn
RECIPIENT shall certify that these design documents will provide for
facilities conforming to requirements of the Minimum Functional Standards
(Chapter 173-304 WAC), and to all other applicable federal, state, and local
requirements, including evidence of SEPA compliance.
Before construction may begin, final design of the project must be reviewed
and approved by the DEPARTMENT, and all appropriate permits for the facilities
obtained. This includes, in the case of Solid Waste Handling Permits, the
approval of a new or amended operations plan by the Jurisdictional Health
Department and the DEPARTMENT, before construction may begin.
G. SEPA COMPLIANCE
To ensure that environmental values are considered by the state and local
government officials when making decisions the RECIPIENT shall comply with the
provisions of the State Environmental Policy Act (SEPA), Chapter 41.23C RCW,
and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA documents shall be
sent to the DEPARTMENT's Environmental Review Section, the appropriate
regional office, and the Waste Management Grants Section.
H. WETLANDS PROTECTION
To comply with the directive of Executive Order 90-04, Protection of Wetlands,
all local governments are requested and encouraged to make all of their
actions consistent with the intent of this executive order; specifically, (1)
to avoid, to the extent possible, adverse impacts associated with the
destruction or modification of wetlands, and (2) to avoid direct or indirect
support of new construction in wetlands wherever there is a practical
alternative,
I. FAILURE TO COMMENCE WORK
In the event the RECIPIENT fails to commence work on the project funded herein
within six (6) months after the effective date of this grant, the DEPARTMENT
reserves that right to terminate this grant.
J. DOCUMENT REVIEW AND APPROVAL
Unless otherwise specified, at least three (3) copies of all documents
prepared under this grant agreement shall be submitted by the RECIPIENT to the
Project Officer for review and approval. The Project Officer will forward one
(1) copy to the appropriate regional office of the DEPARTMENT. Approval will
be based upon: 1) the regional office technical review and findings, and 2)
the determination by the Project Officer that all requirements, terms and
conditions of the grant agreement are being complied with.
8 of 9
------------------------
Ordinance No. 4545
Exhibit "A"
Grant No, GC:¡'ZOO2Of
Coordinated Prevention Grant
Agreement with the City of Auburn
K. GRANT PROJECT REPORTING
Quarterly progress reports shall be prepared by the RECIPIENT and submitted to
the Project Officer of the DEPARTMENT. These reports shall include, but not
be limited to the following information:
1) Information at the sub task level as appropriate,
2) Accomplishments for the reporting period.
3) Planned activities and schedule for the upcoming two months.
L, ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions", and the
DEPARTMENT's "Administrative Reauirements for Ecologv Grants and Loans", (WDOE
91-18), contains the entire understanding between the parties, and there are
no other understandings or representatives except as those set forth or
incorporated by reference herein. No subsequent modification(s) or
amendment(s) of this grant agreement shall be of any force or effect unless in
writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT
and made part of this agreement; EXCEPT a letter of amendment will suffice to
redistribute the budget without increasing the total eligible project cost or
change to the DEPARTMENT's Project Officer or the RECIPIENT's Project
Coordinator or to extend the period of performance as set forth in the Grant
Agreement.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF AUBURN
Narda Pierce
Assistant Director
Waste Management
Date
Authorized Signature Date
BOB ROEGNER
Pr1nt Name ot Authorized Ottic1al
MAYOR
Title
Approved as to form only by
Assistant Attorney General,
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
~~M~
S ephen R. Shelton, C1ty Attorney
--------------------------
Ordinance No. 4545
Exhibit "A"
Page 9 of 9
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan A¡¡recmenta of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activiti.. for which grantlloan funds are to be used shall be accomplished by the RECIPIENT ond RECIPIENT's employees.
The RECIPIENT shall not assign or subcontract perfonnance to others unless specifically authorized in wriling by the
DEPARTMENT.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees ond contractors comply with die terms and conditions of this 'greement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure dlat in all subcontracts entered into by die RECIPIENT pursuant to this 'greement, die state of
Washin¡¡ton is named as on express third-party beneficiary of such subcontracts widl full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for c011Blnlction, purchase of equipment and prof..sional architectural and en¡ineering services shall be .warded through
· competitive process, if required by State law. The RECIPIENT shall not advertise for bids for co11Blnlction until receipt of
written approval from the DEPARTMENT. No contract shall be .warded or rejected until approved in wriling by die
DEPARTMENT. RECIPIENT shall retain copi.. of all bids received and contracts ,warded, for inspection and use by die
DEPARTMENT.
E, ASSIGNMENTS
No right or claim of die RECIPIENT arising under this .greement shall be transferred or asai¡¡ned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
I. The RECIPIENT shall comply fuUy widl all applicable Federal, State and local laws, orders, regulations ond permits.
Prior to commencement of ony c011Blnlction, the RECIPIENT shall secure die necessary approvals and permits required
by audloriti.. h.vingjurisdiction over die project, provide assurance to die DEPARTMENT that all approvals ond permits
h.ve been secured, .nd make copies .vailable to die DEPARTMENT upon request.
2. Discrimination, The DEPARTMENT ond die RECIPIENT.gree to be bound by all Federal and Stale laws, regulations,
ond polici.. against discrimination. The RECIPIENT further .grees to affirmatively support die program of die Office
of Minority and Women's Busin..s EnteIprises to die maximum extent possible. The RECIPIENT shall report to die
DEPARTMENT the percent of grantlloan funds available to women or minority owned businesses.
3. W.... And lob Safetv. The RECIPIENT.grees to comply widl all applicablel.ws, regulations, and polici.. of die United
States ond the Stale of Washington which affect w.ges and job safety.
4. Industrial Insurance. The RECIPIENT certifies fuU compliance widl all applicable state industrial insurance requirements.
If the RECIPIENT fails to comply with such laws, die DEPARTMENT shall h.ve the right to immediately tenninate this
agreement for cause as provided in Section K.l, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up
any part of the compensation to which helshe is otherwise entitled or, receive any fee, commission or gift in return for award of
a subcontract hereunder.
H. AUDITS AND INSPECTIONS
I. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall
clearly indicate tota1 receipts ond expenditures by fund source ond task or object. All grantlloan records shall be kept in
a manner which provides an audit trail for aU expenditures. All records shall be kept in a common file to facilitate audits
and inspections.
Engineering documentation ond field inspection reports of all construction work accomplished under this .greement shall
be maintained by die RECIPIENT.
2, All grantlloan records shall be open for .udit or inspection by die DEPARTMENT or by ony duly authorized .udit
rep.....ntative of the Stale of Washington for. period of .t least three years after the fina1 grant p.ymentlloan rep.yment
or ony dispute resolution hereunder. If ony such .udits identüy discrepancies in die financial records, die RECIPIENT
shall provide çlarification and/or make adjustments accordingly.
3. All work performed under this .greement ond ony equipment purchased, shall be made .vailable to die DEPARTMENT
and to any authorized state, federal or local represcntative for inspection at any time during the course of this agreement
and for .t least three years foUowing grantlloon termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-128 (Audit of State and Local Govenunents) or OMB Circular
"-----~.~_.__.-
~_. ------ -------
·
, '
'the DEPARTMENT and/or the SbIte of Wasliington because of any breach of agreement by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amou'nt of da~ges due the
DEPARTMENT &om the RECIPIENT i. determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and
federal funds through legislative appropriation and .tate allotment. When this agreement cro.... over .tate fi.cal years
the obligation of the DEPARTMENT i. contingent upon the appropriation of fund. during the next fi.cal year. The failure
to appropriate or allot such fund. shall be good cau.e to terminate this agreement as provided in paragraph K.I abuve.
When this agreement cro..e. the RECIPIENT'. fi.cal year, the obligation of the RECIPIENT to continue or complete the
project described herein shall be contingent upon appropriation of fund. by the RECIPIENT'. governing body; Provided,
however, that nothing contained herein shall preclude the DEPARTMENT &om demanding repayment of ALL fund. paid
to the RECIPIENT in accordance with Section N herein.
3. Failure to Commence Work. In the event the RECIPIENT fail. to COmmence work on the project funded herein within
four months after the effective date of this agreement, or by any date mutua11y agreed upon in writing for commencement
of work, the DEPARTMENT reserv.. the right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this
agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement
unless stated as such in writing by the authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
I. Coovriobts and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,
the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-freo, nonexclusive and
irrevocable license to reproduce, publish, recover or otherwise use the materiaI(.) or property and to authorize others to
use the same for federal, state or local government putpO...,
Where federal funding is involved, the federal government may have a proprielaly interest in patent rights to any
inventions that devoloped by the RECIPIENT as provided in 35 U .S.C, 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish infonnation of the
DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logo.,
reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shaJl be given to the
DEPARTMENT.
3. Tanlrible Prooertv Ri2hts, The DEPARTMENT'. current edition of "Administrative Requirements for Ecology Grants
and Loan.", Part IV, shall control the u.e and disposition of all real and personal property purchased wholly or in part
with fund. furnished by the DEPARTMENT in the absence of state, federal _10(.), re¡ulation(.), or policy(.) to the
contnuy or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Prooertv Furnished bv the DEPARTMENT. When the DEPARTMENT provides personal property direcdy to
the RECIPIENT for use in perfonnance of the project, it shall be returned to the DEPARTMENT prior to final payment
by the DEPARTMENT. If said property i. lost, stolen or damaged while in the RECIPIENT'. po....sion, the
DEPARTMENT shall be reimbursed in caah or by setoff by the RECIPIENT for tho fair market value of such property.
5. Acauiaition Proiects. The following provi.ions shall apply if the project covered by this agreement includes funds for the
acquisition of land or faciliti..:
a. Prior to disbursement of fund. provided for in this agreement, the RECIPIENT shall establish that the cost of
landfor faciliti.. i. fair and reasonable.
b. The RECIPIENT sha1l provide satisfactory evidence of tide or ability to acquire title for each parcel prior to
disbursement of funds provided by 1Iti. agreement. Such evidence may include tide insurance polici.., TolTOtUi
certificates, or abstracts, and attorney'. opinions establishing that the land is freo &om any impediment, lien, or
claim which would impair the u... contemplated by this agreement.
6. ConverøioDs. Regardless of the contnct termination date shown on the cover sheet, the RECIPIBNT shall not at any time
convert any equipment, property or facility acquired or developed pursuant to this agreement to u... other than thoae for
which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, leaae or other conversion
or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction
costs of such property.
.-'
'.
N. RECOVERY OF PAYMENTS TO RECIPIENT
The "ght of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance
of this agreement including the satisfactory compleâon of the project described in the Scope of Work. In die event the
RECIPIENT fllÙs, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at die
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT III grantlloan funds disbursed to the RECIPIENT
for dlolIe parts of the project Ibat are rendered wor1hI... in the opinion of the DEPARTMENT by such l&iIure to perform.
Interest shill accrue at the rate of twelve percent (12%) per annum from die time the DEPARTMENT demands repayment of
funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the
RECIPIENT shill not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and
the RECIPIENT'S liability to repay moni.. shill be reduced by an amount reflecting the fair value of such property.
o. PROJECT APPROVAL
The extent and character of III work and services to be performed under this agreement by the RECIPIENT shall be subject to
the review and approval of the DEPARTMENT Ihrough the Project Officer or other designated official to whom the RECIPIENT
shill report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done,
the derermination of the Project Officer or other designated official as to the extent and character of the work to be done shill
govern. The RECIPIENT shill have die right to sppeal decisions as provided for below.
P. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this _mont which is
not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written. statement
of decision to the RECIPIENT. The decision of the Project Officer or other designated official shill be final and conclusive
unless, within thirty dsys from the date of receipt of such statement, die RECIPIENT mails or otherwise furnish.. to the Director
of die DEPARTMENT a written sppeal.
In connection with sppeal of any proceeding under this clause, the RECIPIENT shill have the opportunity to be heard and to offer
evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such
appeals shill be final and conclusive, Appeals from the Director's determination shill be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board
or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shill proceed diligently with the
performance of this agreement and in accordance with the decision rendered.
Q. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the
review, approval, or carrying out of this agreement, shall participate in any decision which affects hislher personal interest or the
interest of any corporation, partnership or association in which he/she is, direcdy or indirecdy interested; nor shill helshe have
any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
R. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of øa1aries, consultant's fees, and other costs related
to the project described herein, except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shill indemnify and hold die
the other harmI..s from and against any liability for any or III injuri.. to persons or property arising from the negligent
act or omission of that party or that party's agents or employees arising out of this agreement.
S. GOVERNING LAW
This agreement shill be governed by the laws of the State of Washington.
T. SEVERABILITY
If any provision of this agreement or any provision of any document incOJporatod by reference shall be held invalid, such invalidity
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 are declared to be severable.
U. PRECEDENCE
In the event of inconsistency in this agreement, unl..s otherwise provided herein, the inconsistency shill be resolved by giving
precedence in die foUowing order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms
and Conditions; (d) Any terms incorporated herein by reference including the . Administrative Requirements for Ecology Grants
and Loanø"; and (e) lite General Tenns and Conditions.
SS-OIO Rev. 3/91
------¡-~
A-ll0 (Uniform Requirements for Grants to lJniversitiçs, Hospitals and Other Non-Profit Organizations) if the
RÈCIPIENt receives federal funds in excess of $25,000. The RECIPIENT must forward a copy of.,the state ,auditor's
audit along with the RECIPIENT I'OIIpOnse and the final corrective action plan as approved by the SAO to the
DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress rq>orta to the DEPARTMENT with each payment request or auch other schedule as set
forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or
adverse conditions which will materially affect their ability to meet project objectiv.. or time schedules. Thia disclosure shall be
accompanied by a statement of the action lIIken or proposed and any assistance needed from the DEPARTMENT to resolve the
situation. Paymento may be withheld if required progress reports are not submiOecI.
Quarterly reports shall cover the periods January I through March 31, April I through June 30, July I through September 30,
and October I through December 3 I. Reports shall be due within twenty (20) days following the end of the quarter bein ¡
reported.
, COMPENSATION
I. Method of conmensation. Payment shall be made on a reimbursable basis lit least quarterly and no more often than once
per month. Bach request for payment will be submitted by the RECIPIENT on State voucher request forms provided by
the DEPARTMENT along with documentation of the expenses, Payments shall be made for each task/phase of the
project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as
satisfactory by the Project Officer.
The payment request form and supportive documento must itemize all allowable co'" by mo,jor elemento as described in
the Scope of Work. Instructions for submitting the payment requests are found in "Admi.nistrati.vc Requirements for
Bcology Granto and Loans', part IV, published by the DEPARTMBNT. A copy of this document shall be furnished to
the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually
agreed upon desipee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this
agreement.
2, Bud.etdeviati0n' Deviations in budget amounts are not allowed without written amendmeòt(s) to this agreement, Payment
requests will be disallowed when the RECIPIENT's request for rcimburøemcnt exceeds the State maximum share amount
for thllt element, as described in the Scope of Work.
3. Period of ('".mnnlll.nllation. Payments shall only be made for action of the RECIPIENT pursuant to the ¡rautlloan agreement
and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically
modified in writing as provided herein.
4. Final Reauestls) for Pavment. The RECIPIENT must submit final requests for compensation within forty-five(45) days
after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply
may result in delayed reimbursement.
S. Perfonnance Guarantee. The DBPARTMBNT may withhold an amount not to exceed ten percent (10%) of each
reimbursement payment as security for the RECIPIENT's performance and a /ü1ancial buoo. MODi.. withheld by the
DBPARTMBNT may be paid to the RECIPIENT when the project(s) described herein, or a purtion thereof, have been
completed if, in the DEPARTMBNT's sole discretion, such payment is reasonable and approved according to this
agreement and, as appropriate, upon completion of an audit as specified under section J .6., herein.
6. Unauthorized (!xnenml:ures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and
any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DBPARTMBNT by the RECIPIENT.
7. Mil...e and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entiti..,
it shall not exceed the amount allowed under state law.
8. Overhead Co.... No reinJbursement for overl1ead costs shall be allowed unless provided for in the Scope of Work
h-...cler,
K, TERMINATION
1. For Cause. The obligation of the DBP ARTMBNT to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of ito obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion
of the DBPARTMBNT, to perform any obligation required of it by this agreement, the DEPARTMBNT may refuse to
pay any further funds thereunder andI... terminate this agreement by giving written notice of termination.
A written notice of termination shall be given lit least five working days prior to the effective date of termination. In that
event, all finished or unfinished documents, daIa studies, surveys, drawin¡s, maps, mocIeIa, photographs, and rq>orts or
other material. prepared hy the RECIPIENT under this agreement, lit the option of the DEPARTMBNT, shall become
Department property and the RECIPIENT shall be cntided to receive ju.. and equitable compensation for any satisfactory
work completed on such ~ and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DBPARTMBNT for damages sustoined by
"_._'..'-_._._~'---~.._.- ".-..------.-------,-
BOB ROEGNER, MAYOR
PAT DUGAN, FINANCE DIRECTOR
FINANCE DEPARTMENT
25 WEST MAIN, AUBURN, WA 98001
(206) 931-3033
STATE OF WASHINGTON)
)
COUNTY OF KING )
ss.
I, Robin WOhlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Ordinance No. 4545 of the ordinances of the city of
Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4545 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the the 16th day of March A.D., 1992. Due to Mayor
Roegner's Letter of July 21, 1992 with regard to this ordinance,
the ordinance was never implemented.
Witness my hand and the official seal of the City of Auburn
this August 7, 1992, A.D.
£~ ¿j)t-!UÁW_~~
Robin Wohlhueter
City Clerk
City of Auburn
,-----