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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUgUr,
WASHINGTON, APPROVING DEPARTMENT OF ECOLOGY GRANT FUNDS WITH
LOCAL MATCHING FUNDS AS PROVIDED IN THE AGREEMENT BETWEEN THE
CITY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROVIDE
A COMPOST BIN DISTRIBUTION PROGRAM AND BUY RECYCLE AND SHOP
SMART PROMOTIONAL MATERIALS.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Beotion 1. Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of
Department of Ecology Grant Funds in the amount of $18,600.00
with local matching funds of $12,400.00 from the Solid Waste
Fund to provide a Compost Bin Distribution Program and Buy
Recycle and Shop Smart Promotional Materials and authorizes
the Mayor'to execute Coordinated Prevention Grant Agreement
No. G9600134 between the City and the Washington State
Department of Ecology approving said Agreement, a copy of
which is attached hereto as Exhibit "A" and is incorporated
herein by reference.
Bection 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
OrdinancgNo. 4825
December g, 1995
Page 1
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Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
PASSED: ./~ -/?- ~¢'~
APPROVe, D: /~ -/Fr ?Sf
ATTEST:
CHARLES k. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Mi~chael~ .~Reynolds,
City Attorney
Ordinance No. 4825
December 8, 1995
Page 2
PROCUREMENT CERTIFICATION FORM
Recipient
G~ant Name
Grant No.
The undersigned, on behalf of the Recipient, certifies that the Recipient:
(check and complete one of the following)
will follow Recipienfs own adopted procurement procedures and
applicable state law in procuring grant-related public works contracts,
professional and personal services contracts, and purchase agreements.
The procurement procedures were adopted (date) by
(adopting authori _ty) and are
recorded in (document name).
having no applicable, adopted procurement procedures, will follow the
Standards for Competitive Solicitation found in the Administrative
Requirements for Ecology Grants and Loans, WDOE'-~-18 (March 1991)
(the 'Yellow Book"), and applicable state laws in procuring grant-related
public works contracts, professional and personal services contracts, and
purchase agreements.
LEGAL COUNSEL SIGNATURE DATE
TITLE
Gram No. G9600134
Coordinated Prevention Orant
Agreement with tho CRy of Auburn
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
C1TY OF AUBURN
This is a binding agreement entered into by and between tho state ofW~t~hln~on Depamneat of Ecolo~,
hereinsRer ~ferred to as the DEPARTMENT, and the city of Auburn, her¢inaRer referred to as the RECIPIENT,
to carry out the activities described herein.
RECIPIENT ADDRESS
RECIPIENT REPRESENTATIVE
RECIPIENT TELEPHONE NUMBER FAX
RECIPIENT PROJECT COORDINATOR
DEPARTMENT PROJECT OFFICER
DEPARTMENT FAX
REGIONAL DEPARTMENT REPRESENTATIVE
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
Public Works Department
1305 "C" Street S.W.
Auburn, WA 98002-5910
Frank A. Currie, Director
(206) 931-3047
(206) 735-2145
John Giordanengo
Diau~ R. Christel, (360) 4074062
(360) 40%7157
Peter Christiansen, (206) 649-7076
Local Toxics Control Account
$31,000
$18,600
$12,400
60%
914001228
For the purpose of this agreement, the RECIPIENT will be allowed to match the DEPARTMENT share with cash
and interlocal in-kind costs in accordance with pre-application instructions.
The effective date of this grant is January 1, 1996. Any work performed prior to the effective date of this
agreement without prior written authorization and specified in thc Scope of Work w/Ll bo at the sole expense and
risk of the RECIPIENT.
This agreement shall expiro no later than December 31, 1997.
1 of $
Grant No. G9600134
Coordinated Prevention Grant
Agreement with the City of Auburn
SCOPE O17 WORK
The task(s) set forth below summarize the RECIPIENT's goals, activities, budget(s) and schedule(s) and expected
outcomes.
Recipient Res~oonsibilities: Tbe RECIPIENT is responsible for implementing activities identified in the Solid Wozto
Managemen~ Plan (SWMP), ~ho Moderato Risk Waste Plan (MRWP) and/or tbe Hn-nrdous Waste Managemmt
Plan (HWMP).
1. PROJECT TASK: (WRRA) COMPOST BIN DISTRIBUTION
Maximum Eligible COg: $29,000
Schedule: January 1, 1996 to December 31, 1997
Goal Statement::
The goal of tho compost bin distribution program is to give residents of the city of Auburn, a iow coet tool
to efficiently manage their yard waste and thereby reducing thc environmental impacts associated with
collecting and processing yard waste.
Proiect Descriofion:
The RECIPIENT shall develop a program to encourage residents to compost some or all of their yard and
garden waste in their backyards as part of their routine gardening activities.
Thc RECIPIENT shall purchase and distribute composting bins to city residents who attend backyard
composting "how to" workshops. The compost workshops will be held each Spring, Summer, and Fall of
1996 and 1997.
Residents shall be charged a nominal fee to help ensure that the bins will be utiliT~d. Income received from
thc sale of the bins shah bo listed as a credit on the voucher support (Form C2) when requesting
reimbursement from the DEPARTMENT. Tbe 60 percent (60%) share of grant funds shall be applied to
the net costs aRer deducting thc project income. (In accordance with the Administrative Renuirements for
Ecol an WDOE 91-18, pages 74 & 75.)
Resident participation shall also bo solicited through thc creation of an/nformational flyer that will be
distributed through local lawn and garden centers and will accompany each bin sold.
The RECIPIENT shall promote the compost bin program with advertisement in the local newspaper media.
2of8
Grant No. G9600134
Coordinated Prevention Grant
Agreement with the City of Auburn
Exoozted Outcomesflmoact~:
Residents who participate in the program shall have increased knowledge ragardi%o backyard tempesting
and through their tempesting practices, help reduce the environmental impacts associated with hauling and
processing yard waste.
PROJECT TASK: (WRRA) BUY RECYCLED AND SHOP SMART
PROMOTIONAL MATERIALS
Maximum Eligible Co~t: $2,000
Schedule: January 1, 1996 to December 31, 1997
Goal Statem~n$:
Tbe goal of this task is to promote the importan~ of purchasing recycled products ("Closing the Loop")
and prancing waste prevention through new purchasing habits of comsumers.
Proieot Deserintion:
The RECIPIENT shall pureh~m and distribute 100 percent (100%) recycled pencils with a "Buy Recycle"
imprint, to schools and city residents during buy ~cycled outreach efforts that will take plaen from
September of 1996 through December 31, 1997. Through tbe outreach efforts the RECIPIENT shnll
promote moro widespread use of products made from recycled materials and demonstrate support for tho
recycled materials markets.
The RECIPIENT shall purchase and distribute canvas shopping bags with a "Shop Sma~" imprint to city
residents. The RECIPIENT shah distribute the bags to city residents who participate in shop smart
workshops to be held by the RECIPIENT, and to those who attend various community events. The
RECIPIENT shall target shoppers who do not yet use reusable shoppi~ bags. Residents awarded canvaz
bags shah be provided with shop sma~ information and other educational brochures and materials
developed and provided by the RECIPIENT.
Exoeeted Outcomes/Imoagts:
Through outreach efforts it is hoped that an increase in education will lead to a chh, ge in tho purchasing
habits of consumers. New purchasin8 habits will help to reduce the impacts of consumption on the
environment.
3 of 8
Grant No. G9600134
Coordinated Prevention Grant
Agreement with the City of Auburn
CPG BUDGET
Project Task ~
1. Compost Bin Distribution (WRRA) $29,000
2. Buy Recycled and Shop Smart Promotional Materials (WRRA) 2.000
TOTAL $31,000
FUND SOURCE
Total Eligible Cost $31,000
Local Toxics Control Account
~~~~,v,v~,~,CA- ~ ~ ~ ~ 60% ~ ~. $18,,,,006
Cash Match or
lnterlocal Costs 40% $12,400
ADDITIONAL BUDGET CONDITIONS
1. OVerhead is eligible; the RECIPIENT may chargo 25 percent oftbe RECIPIENT salaries and benefits
applied directly to the project as overhead.
2. Interlooal costs ar~ eligible; other in-kind contributions are not eligible.
3. The fiscal office will monitor expenditures at tbe task level. A letter amendment is required to
redistribute costs among tasks. A formal amendment is required to increase state funding.
4. The maximum allowable amount from th~ LTCA is $18,600.
5. All remaining costs will be paid by cash match and interlocal costs.
SPECIAL TERMS AND cONDITIONS
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to utilize to the maximum ex-*.ent possible, minority- and women-owned businesses
in purchases and contracts initiated aitor tho off~ivo dato ofthls a~reeraent.
4 of $
G-rant No. (}9600134
Coordinated Prevention Grant
Agreement with the City of Auburn
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT
agrees to utilize the DEPARTMEN'Ps goals for minority- and women-owned business participation in all
bid packages, request for proposals, and purchase orders. These goals ar~ expressed as a percentage of the
total dollars available for the purchase or contract and are as follows:
Minority-owned business participation - 10%
Wom~n-owned business participation - 6%
The RECIPIENT and ALL prospective bidders or persons submittin~ qu,li6cations shall take th~
following steps in any procurement initiated after thc 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 am potential
sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities to permit
maxhnum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where requirements permit, which will encourage participation of
qualified minori~ and women's businesses.
Use the services and assistance of the State Office of Minority and Women's Business Enterprises
and thc Office of Minority Business Enterprises of the U.S. Deparlment of Commerce, as
appropriate.
By signing this agreement, the RECIPIENT certifies that the above steps were/will be followed.
The RECIPIENT shall report to tho 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 firms receiving funds under the voucher,
including any sub and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
INTERLOCAL AGREEMENTS
If parties other than the RECIPIENT are contributing to the local share of project costs, mcraoranda of
understanding or other written agreements confirming the contribution must bo negotiated. These
agreements must specify exact work to be accomplished and be signed by all parties contributing to thc
local match of ibis project. Copies of these agreements shall bc submitted to thc DEPARTMENT.
5of8
Grant No. G9600134
Coordinated P~vention G-rant
Agreement with the City of Auburn
PROMOTIONAL AND EDUCATIONAL MATERIALS
A copy of all promotional and educational materials developed as part of this grant shall be submitted to
the DEPARTMENT concurrent with public distribution. 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 Depa~t,l~ent of Ecology will be acknowledged for providing funding in
all published material and oral presentations that result from this grant.
PROCUREMENT AND CONTRACTS
The RECIPIENT shall provide written certification that they will follow thek standard procurement
procedures and/or applicable state law in awarding contracts; RECIPIENTS w/th no formal
procurement procedures will be required to co'tify that they have complied with tl~ "Standards for
Comp~itive Solicitation," found in tho Administrative Pamuimnents for Ecology Grants and Loans_
WDOE 91-1g (Revised July 1995).
2. Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests
for proposals (RFPs), and bid documents relating to this grant agreement to the DEPARTMENT.
Prior to contract execution, the RECIPIENT shall submit a copy of the proposed conUact to tho
DEPARTMENT for review and written cormnent. Following execution, the RECIPIENT shall submit
a copy of the contract to tim DEPARTMENT.
USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement procedures and
applicable state laws. Thc RECIPIENT shall notify thc DEPARTMENT if it used contracts entered into
prior to the execution of the grant agreement for performance of grant funded activities.
ENGINEERING PLANS AND SPECIFICATIONS
All engineering plans and specifications submitted for review shs!l be completed and stamped by an
appropriate licensed professional engineer certifying that these design documents will provide for facilities
cunfonning to requirements nfthe 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 tl~ 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 Perm/ts, the approval of a new or amended operations plan by the Jurisdictional Health
Department and the DEPARTMENT before construction may begin.
SEPA COMPLIANCE
To ensure that environmental values are considered by the state and local government officials when
making decisions, th~ RECIPIENT shall comply with the provisions oftbe Stat~ Environmental Policy Act
6 of 8
Orant No. G9600134
Coordinated Prevention Or,mt
Agreement with the City of Auburn
(SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of the SEPA
documents shall be sent to the DEPARTMENTs Environmental Review Section, the appropriate regional
office, and the Waste Management Grants Section.
WETLANDS PROTECTION
To comply with tho directive of Executive Order 90-04, ProteCtion of Wetlands, all local governments are
requested and encouraged to make all of their aotions cousistent with tho intent of this ~xecufive order;
specifically, (1) to avoid, to the extent possible, adverse impacts associated with tho demotion or
modification of wetlands, and (2) to avoid direct or indirect support of new construction in wetlands
wherever there is a practical alternative.
FAILURE TO COMMENCE WORK
In the event the RECIPIENT fails to commence work on the project funded herein within six (6) months
at~er the effective date of this grant, the DEPARTMENT reseawes that right to terminate (his grant.
DOCUMENT SUBMrrrALg
Unless otherwise specified, at least three (3) copies of all documents prepared under this grant agreement
shall be submitted by thc RECIPIENT to the Project Officer. Thc Project Officer will forward one (1)
copy to thc appropriate regional office of thc DEPARTMENT.
PR_g_OJECT INCOME
.amy project income directly generated as a result of the activities funded by this grant shall he reported as a
credit against the expenses of that activity as required by the DEPAR~'S Adminish~liv~
Rcouirements for Ecology Grants and Loans WDOE 91-18 (Revised July 1995).
GRANT PROJECT REPORTING
Quarterly progress reports shall be prepazed by the RECIPIENT and submitted to the Project Officer of thc
DEPARTMENT. These reports shall include, but not be limited to, the following information:
1. Information at the subtask level as appropriate.
2. Accomplishments for the reporting period.
3. Planned activities and schedule for the upcoming two months.
ALL WRITINGS CONq'AiNED HEREIN
This agreement, the appended "General Terms and Conditions," and the DEPARTMENT's ~
Reouirements for Ecolonv Grants ~nd IO~,,~. WDOE 91-18 (Revised July 1995), colmtnin the entire
understanding between the parties, and there ar, no other understandings or representations except as those
7 of 8
Grant No. 09600134
Coordinated Prevention Grant
Agreement with the City of Auburn
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 representativos of tho
RECIPIENT and DEPARTMENT and ma& part of this agreement; EXCEPT a letter of amendment will
suffice to redistribute thc budget without increasing tho total eligible project cos~ or to cha~c ~h~
DEPARTMENT's Project Officer or thc RECIPIENT's Project Coordinator or to extend the period of
performance as set forth in thc Crmnt Agr~mcnt.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON /
lira Pendowski
Program Manager
Solid Wa~ and Financial P~si~mnce
CITY OF AUBURN r~
Authorized Si~mre Da~
CHARLES A. BOOTH
Print Nan~ of Authorized Official
Approved as to form only by
Assistant Attorney General.
MAYOR
Title
ATTE S T:
Robin Wohlhueter, City Clerk
AS TO FORM:
eye'holds, City Attorney
8 of 8
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. R.F. CI]'r~:NT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEIg/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions
of this agr~meut.
C. ~ PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with
full rights as such.
D. ' CON'I'RACTI~G FOR SERVICES (BXDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services
shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies
of all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSXGNMIgNTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the
F. COMPLIANCE Wrrl-I ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals
and permit~ required by authorities having jurisdiction over the project, provide assurance to the
DEPARTMENT that all approvals and permits have been secured, and make copies available to the
DEPARTMENT upon request.
2. ~. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and
State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to
affirmatively support the program of the Office of Minority and Women's Business Enterprises to
the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of
grant/loan funds available to women or minority owned businesses.
3. ~. The 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 safuty.
4. ~. The RECIPIENT certifies full compliance with all applicable state industrial
insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the fight to inunediately terminate this :/gteemetu for cause as p~:6~,'ided in Section K.1,
herein.
G. KXCKBACKS
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 he/she is otherwise entitled or, receive any
fee, commission or giit in return for award of a subcontract hereunder.
AUDITS AND XNSPECTXONS
I. The RECIPIENT shall maintain complete program and financial records relating to this agreement.
Such records shall clearly indicate total receipts and expenditures by fund source and task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures.
All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work accomplished under
this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three years after
the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or
make adjustments accordingly.
3. All work performed under this agreement and any equipment purchesed, shall be made available to
the DEPARTMENT and to any authorized state, federal or local representative for inspection at any
time during the course of this agreement and for at least three years following grant/loan termination
or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A*128 (Audit of State and Local
Governments) or OMB Circular A-110 (Uniform Requirements for Grants to Universities, Hospitals
and Other Non=Profit Organizations) if the RECIPIENT receives federal funds in excess of $25,000.
The RECIPIENT must forward a copy of the state auditor's audit along with the RECIPII~NT
response 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.
PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such
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 objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from thc DEPARTMENT to resolve the situation.
Payments may be withheld if required progress reports are not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April I through June 30, July !
through September 30, and October 1 through December 31. Reports shall be due within twenty (20) days
following the end of the quarter being reported.
COMPENSATION
1. f i n. Payment shall be made on a reimbursable basis at least quarterly end no
more often than once per month. Each 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 taskJphase 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 documents must itemize all allowable costs by major
elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment
requests ~re approved-by th~ DEPARTMENT,-payments will be-made to the.mutually agreed upon
designee.
Payment requests shall be submitted .to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. ~. Deviations in budget amounts are not allowed without written amendment(s) to
this agreement. Payment requests will be disallowed when the RECIPIENT's request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope
of Work.
3. er' f C m ti . Payments shall only be made for action of the RECIPIENT pursuant to
the grant/loan agreemem 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 Reouestes) for Payment, The RECIPIENT must submit final requests for compensation within
forty-five(45) days after the expiration date of ~s agreemem and within fifteen (15) days after the
end of a fmc, al biennium. Failure to comply may result in delayed reimbursemem.
5. Perfonnan~. The DEPARTMENT may withhold an mount not to exceed ten percent
( 10 % ) of each reimburscrnem payment as security for the RECIPIENT's performance and a financial
bond, Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s)
described herein, or a portion thereof, have been completed if, in the DEPARTMENT'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 Exvenditures. 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 DEPARTMENT by the RECIPIENT.
7. M'lea d Pe iem. If mileage and per diem are paid to the employees of the RECIPIENT or
other public entities, it shall not exceed the amount allowed under state law.
g. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the
Scope of Work hereunder.
TERMINATION
1. For Cause· The obligation of the DEPARTMENT to the RECIPIENT is contingent 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 the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT, may refuse to pay any further funds
thereunder and/or temain~te this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date
of termination. In that event, all finished or umfinished documents, data studies, surveys, drawings,
maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this
agreement, at the option of the DEPARTMENT, shall become Deplutu~¢nt property and the
RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for
damages sustained by the DEPARTMENT and/or the State of Washington 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 amount of damages due the DEPARTMENT from the
RECIPIENT is determined.
~. The obligation of the DEPARTMENT to make payments is contingent on thc
availability of state and federal funds through legislative appropriation and state allotment. When
this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent
· upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such
funds shall be good cause to terminate this agreement as provided in paragraph K. 1 above.
When this-agreement.crosses.the.REG/PIENT~s fiscel year, the obligati0nof the RECIPIENT to
continue or complete the project described herein shall be contingem upon appropriation of funds
by the RECIPIENT's governing body; Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
Failure to Commence Work. In the event the RECIPIENT fails to commence WOrk on the project
funded herein within four months after the effective date of this agreement, or by any date mutually
agreed upon in writing for commencement of work, the DEPARTMENT reserves 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 RIGl-rrs
1. C i h Pen . 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-free, nonexclusive and irrevocable license to reproduce, publish, recover or
otherwise use the material(s) or property and to authorize others to use the same for federal, state
or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest in patent
rights to any inventions that developed by the RECIPIENT as provided in B$ U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving information
supplied by the DEPARTMENT; use loges, reports, maps or other data, in printed reports, signs,
brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. T ible Ri ts. The DEPARTMENT's current edition of "Administrative Requirements
for Ecology (]rants and Loans", Part IV, shall control the use and disposition of all real and personal
property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence
of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions
with respect thereto in the Scope of Work.
4. Personal Pronerty_ Furnished by the DEPARTMENT. When the DEPARTMENT provides personal
property directly W the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen
or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash
or by se~gf by the RECIPIENT for the fair market value of such property.
5. ~lllt~. The following provisions shall apply if the project covered by this agreement
includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish
that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each
parcel prior to disbursement of funds provided by this agreement. Such evidence may include
title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing
that the land is free from any impediment, lien, or claim which would impair the uses
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT
shall not at any time convert any equipment, property or facility acquired or developed pursuant to
this agreement to uses other than those 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, 'lease 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. RECYCLEDIRECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled paper containing
the highest level of post consumer and recycled content that is available. At a minimum, paper with 10
percent post consumer content and :50 percent recycled content shall be used. Whenever possible, all
materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or
hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYIVIENTS TO RECII~IENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon
satisfactory performance of this agreement including the satisfactory completion of the project described
in the Scope of Work. In the event the RECIPIENT fails, for any reason, t~ perform obligations required
of it by this agreement, the RECIPIENT may, at the DEPARTIv[ENT's sole discretion, be required to
repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the 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 shall 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 monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to bc performed under this agreement by the RECIPIENT
shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other
designated official to whom the RECIPIENT shall 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 determination of t.he Project Officer or
other designated official as to the extent and character of thc work to be done shall govern. Thc
RECIPIENT shall have the right to appeal decisions es provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under
this agreement 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 shall be final and conclusive unless, within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall 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 shall be final and conclusive. Appeals from the
Director's determination shall 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 finai decision of dispute hereunder, the RECIPIENT shall proceed
diligently with the performance of this agreement and in accordance with the decision rendered.
R. CONIR~CT OF IN'r~_,ST
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 his/her personal interest or the interest of any corporation, partnership or association in which
he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct
or indirect, in this agreement or the proceeds thereof.
S. I~D~IIqCATION
1. The DEPARTMENT shall 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.
2. To the extent that the Constitution and laws of the State of Washington permit, each party shall
indemnify and hold the other harmless from and agsln~t any liability for any or all injuries 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.
T. GOVERN~ LAW
This agreement shall be governed by the laws of the State of Waablngton.
U.
If any provision of this agreement or eny provision of any document incorporated by referenee sh~ll 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,
V. 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) Scope of Work; (c) Special Terms end Conditions; (d) Any term~ incorporated herein by
reference including the "Administrative Requirements for Ecology Grants and Loans";- and (e) the General
Terms and Conditions.
SS-010 Rev. 4/94