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HomeMy WebLinkAbout3957RESOLUTION NO. 3 9 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF TWENTY EIGHT THOUSAND THIRTY SEVEN DOLLARS ($28,037.00) FOR THE 2006 - 2007 ECOLOGY COORDINATED PREVENTION GRANT PROGRAM, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR SAID GRANT BETWEEN THE DEPARTMENT OF ECOLOGY AND THE CITY OF AUBURN WHEREAS, by adopting the King County Solid Waste Management Plan, the City of Auburn is eligible for grant money from the Department of Ecology; and WHEREAS, such grant would help the City meet the King County Solid Waste Management goals on recycling and waste reduction; and WHEREAS, pursuant thereto, the City would be responsible for implementing activities identified in the King County Solid Waste Management Plan; and WHEREAS, the City's goal with this grant is to increase commercial waste diversion through increased business participation in Auburn's commercial recycling program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City hereby approves the receipt of funds from the Washington State Department of Ecology in the total amount of TWENTY EIGHT THOUSAND THIRTY SEVEN DOLLARS ($28,037.00) as reimbursement for implementing the 2006 - 2007 Coordinated Prevention Grant Program. Resolution No. 3957 December 6, 2005 Page 1 of 3 Section 2. The Mayor is hereby authorized to execute an Interlocal Agreement with the Department of Ecology for the reimbursement of said funds, which Agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto and designated Exhibit "A" and is incorporated by reference herein. Section 3. The Mayor of the City of Auburn is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this resolution. Section 4. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS C~~~ DAY OF ~~e~ti~ Q1~' , 2005. CITY OF B ~-' r- ~ ETER B. LEWIS MAYOR Resolution No. 3957 December 6, 2005 Page 2 of 3 ATTEST: ~~.~~ ~~- Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~i~. Heia; City Attorney Resolution No. 3957 December 6, 2005 Page 3 of 3 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF AUBURN Grant No: G0600160, Coordinated Prevention Grant Regular Cycle Agreement. This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as ECOLOGY, and the City of Auburn, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. JURISDICTION: MAII.ING ADDRESS: CTTY, STAT'E, ZIP: City of Auburn 25 W Main Auburn, WA 98001-4916 RECIPIENT GRANT COORDINATOR: Kathleen Edman TELEPHONE: 253-931-3047 FAX: 253-931-3053 E-MAII.: kedman@auburnwa.gov RECIPIENT BII.LING/INVOICE COORDINATOR: Kathleen Edman TELEPHONE: 253-931-3047 FAX: 253-931-3053 E-MAIL: kedman@auburnwa.gov ECOLOGY GRANT OFFICER: Anna Lewis TELEPHONE: 425-649-7056 ~ FAX: 425-649-7098 E-MAIL: alew461 @ecy.wa.gov FiJNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $ 37,383.00 STATE GRANT SHARE $ 28,037.00 LOCAL SHARE $ 9,346.00 STATE MAXIMUM GRANT PERCENT 75 % FEDERAL TAX IDENTIFICATION NO. 91-6001228 For the purpose of this agreement, the RECIPIENT will be allowed to match the state grant share with cash and interlocal in-kind costs in accordance with application instructions. This agreement is effective on January 1, 2006. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than December 31, 2007. Grant No. G0600160 Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn REGULAR CYCLE SCOPE OF WORK The project(s) set forth below summarize the RECIPIENT's budget(s) tracked by categary, goals and expected outcomes, activities with timeline, method of evaluation, and estimated project cost. * The estimated project cost is for grant officer information only; it will not be used for budget tracking purposes. Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in the local Comprehensive Solid Waste Management Plan and the Hazardous Waste Management Plan. A. CATEGORY: Commercial Waste Reduction and Recycling TOTAL CATEGORY COST: $ 37,383.00 1. PROJECT TITLE: Business Recycling Education and Outreach Summary DescripNon: Last grant cycle, the RECIl?IENT designed, in conjunction with a contracted consultant, a promotional campaign to make businesses aware of this service as well as provide outreach and technical assistance to businesses that want to begin or expand recycling service. During this grant cycle, the RECIPIENT will continue this outreach to business. They will focus education and outreach efforts on: • Increasing participation in the City's Business Recycling Program, • Increasing awareness of recycling options for materials specific to each participating business • Increasing business waste diversion tonnage Waste reduction education and outreach will be offered through multiple methods which may include, but are not limited to: • Direct mail pieces • Newspaper media • Internet communication • Site visits • Informational hand-outs • Business trade shows & • Phone calls • Promotional items events ECOLOGY shall be acknowledged in any published materials for providing funding for this project; copies of published or produced material shall be submitted to the DEPARTMENT. The RECIPIENT will continue to provide recycling boxes to participating businesses. Goal Statement: The goal of this project is to increase recycling participation and awareness of proper and effective waste reduction and recycling methods among City of Auburn businesses. Outcome Statement: At the conclusion of the grant cycle, 110 (15%) more City of Auburn businesses will be participating in the recycling program (950 total), and the waste diversion rate will increase from 7% to 9%. Work Plan and Activities with Timeline: Activit + Milestone Timeline Update Business Recycling Database Jan 2006 Write RFP and hire a consultant Feb - April 2006 2of7 Grant No. G0600160 Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn Write RFP and hire a a hic designer Feb - A ril 2006 Se arate businesses into sectors (by SIC codes) May 2006 + Desi media cam ai to reach three business sector t es (not rec clin ) June 2006 Desi n and develo - Recyclin and Waste Reduction information July - Se t 2006 Promote and deliver - Rec clin and Waste Reduction information Oct - Dec 2006 Evaluate - Write Summar of Pro'ect Dec 2006 Select three more business sector t es (not rec clin ) Jan 2007 + Promote and deliver - Recycling and Waste Reduction information Feb - A r 2007 Be in Follow-u on first three business sectors not si ed u Ma - June 2007 Be in Follow-u on second three business sectors not si ned u Jul - Au 2007 Evaluate data from romotion and follow-u Se t 2007 Create new media iece encoura in ro am artici ation Oct 2007 Promote media iece Nov 2007 Continue romotion and assistance to businesses Dec 2007 Evaluate - Write Summary of Pro'ect Dec 2007 Method of Evaluation: The RECIPIENT will track the following information and report it to ECOLOGY: • Number of businesses contacted. • Number of new businesses who participate in the Business Recycling Program. • Number of businesses who call for waste prevention and assistance. • Number of advertising, media piece and handouts distributed to businesses. • Tonnage of commercial recycling collected • Tonnage of commercial solid waste collected • Tonnage of commercial waste stream diverted through recycling The RECIPIENT will use the above data to determine if the methods used in this project increase participation in commercial recycling, waste prevention and waste diversion practices in the City of Auburn. * Estimated Project Cost: $ 37,383.00 COMMUNICATION ECOLOGY's regional grant officer (grant officer) will contact the RECIPIENT grant coordinator as needed to monitor progress toward goals and check consistency with Work Plans and Timelines. It is the responsibility of the RECIPIENT to contact his or her grant officer with any other questions or concerns regarding the grant. Grant officers are available to provide technical assistance at any time during the grant cycle. BILLING AND REPORTING A payment request consists of Forms A-19, B2, C2 and a progress report. The RECIPIENT must submit a payment request (with a progress report) at least every 12 months, but no more often than once per month. ECOLOGY may require additional voucher support documentation to be submitted with each payment request. The RECIPIENT must keep record of supporting documents in accordance with the requirements outlined in the most recent revision of Administrative Requirements for Recipients of Ecologv Grants and Loans and make these documents available to ECOLOGY staff upon request. 3of7 Grant No. G0600160 Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn The RECIPIENT must also complete and submit a Final Performance Analysis (FPA) including the effectiveness of the approaches used and any lessons learned. The FPA must be submitted with the final payment request, unless instructed otherwise by ECOLOGY. The final payment request and the FPA are due February 15, 2008 for regular cycle grants. REGULAR CYCLE CPG BUDGET CATEGORY ' ' TOTAL CATEGORY COST: CPG BASE (174/H09)i l. Commercial Waste Reduction and Recycling $ 37,383.00 TOTAL MAXIMUM ELIGIBLE COST $ 37,383.00 F U N D S O U R C E: CPG BASE (174/H09) Maximum Eligible Cost: $ 37,383.00 FUND GRANT PERCENT (%) STATE GRANT SHARE Local Toxics Control Account (LTCA) 75 % $ 28,037.00 MATCH REQUIREMENT MATCH PERCENT (%) LOCAL SHARE Cash Match or Interlocal Costs 25 % $ 9,346.00 ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible; the RECIPIENT may charge 25 percent of salaries and benefits for time devoted specifically to projects outlined in this agreement. 2. The RECIPIENT contact for billing and invoice questions is: RECIPIENT BII.LING/INVOICE COORDINATOR: Kathleen Edman TELEPHONE: 25 3-931-3047 FAX: 253-931-3053 E-MAII.: kedman@auburnwa.gov 3. Grant payments should be made payable fo: City of Auburn 4. Grant payments should be mailed to this address: JURISDICTION: City of Auburn ATTN. TO: Finance Department MAILING ADDRESS: 25 W. Main Street CITY, STATE, ZIP: Auburn, WA 98001 4of7 Grant No. G0600160 Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn SPECIAL TERMS AND CONDITIONS A. 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 the 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 ECOLOGY. B. PROCUREMENT AND CONTRACTS The RECIPIENT shall follow their standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must comply with the "Standards for Competitive Solicitation", found in the most recent revision of Administrative Requirements for Recipients of Ecology Grants and Loans. Following execution, at the request of ECOLOGY, 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 ECOLOGY. The RECII'IENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used contracts entered into prior to the execution of the grant agreement for performance of grant funded activities. C. 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: ECOLOGY's Environmental Review and Transportation Section P.O. Box 47703 Olympia, WA 98504-7703 D. 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. E. FAII,URE TO COMMENCE WORK ECOLOGY reserves that right to terminate this agreement in the event the RECIPIENT fails to commence work on any of the projects funded herein within six (6) months after the effective date. F. PROJECT INCOME 5of7 Grant No. G0600160 ~ Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as required by ECOLOGY's Administrative Reguirements for Recipients of Ecology Grants and Loans. G. GRANT REPORTING The RECIPIENT, in conjunction with submission of payment requests, or at the request of the grant officer, shall prepare Progress Reports and submit them to ECOLOGY. The RECIPIENT must also complete and submit a Final Performance Analysis (FPA). H. PROMOTIONAL AND EDUCATIONAL MATERIALS A copy of all promotional and educational materials developed as part of this agreement shall be submitted to ECOLOGY concurrent with public distribution. ECOLOGY shall have the right to use any printed materials developed as part of this agreement in any manner ECOLOGY deems appropriate. The Washington State Department of Ecology will be acknowledged for providing funding in all published material and oral presentations that result from this agreement. I. AMENDMENTS AND MODIFICATIONS 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 ECOLOGY and made part of this agreement; except a letter of amendment will suffice to redistribute the budget without increasing the total maximum eligible cost or to change ECOLOGY's grant officer or the RECIPIENT's grant coordinator or to extend the period of performance as set forth in this grant agreement. It is not mandatory for the RECIPIENT to abide by Part J of the Special Terms and Conditions; however, it is highly encouraged. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) 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 ECOLOGY'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: Construction/Public Works 10% MBE 6%WBE Architecture/Engineering 10% MBE 6%WBE Purchased Goods 8% MBE 4%WBE Purchased Services 10°Io MBE 4%WBE Professional Services 10% MBE 4°IoWBE No contract award or rejection shall be made based on achievement or non-achievement of the goals. Achievement of these goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications may take the following affirmative steps in any procurement initiated after the effective date of this agreement: 6of7 Grant No. G0600160 Coordinated Prevention Grant Regular Cycle Agreement with City of Auburn 1. Include qualified minority and women's businesses on solicitation lists. 2. Assure 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 projects or quantities to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work 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 (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT may report to ECOLOGY payments made to qualif'ied firms at the time of submitting each invoice and on forms provided by ECOLOGY; the information should include: 1. Name and State OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. K. ALL WRITINGS CONTAINED HEREIN This agreement, the "General Terms and Conditions", and ECOLOGY's Administrative Requirements for Recipients of Ecology Grants and Loans, contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY (~; /`-~-' Cullen D. Stephenson ~Ijy~~G Date ! Program Manager Solid Waste and Financial Assistance CITY OF AUBURN -' DEC Y 9 ?~ Authorized Official Date ~P~~ ~. ~:~; Print Name of Authorized Official APPROVED AS TO FORM ONLY Assistant Attorney General ~ cLU~O~ Title 7of7 GENERAL TERMS AND CONDITIONS Pertaini~g to Grant and Loan Agreements of the Department of Ecology - A. RECIPIENT PERFORMANCE AH activities for which granUloan 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 unlessspeciflcally authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that aN subgrantees and contractors comply with the terms and . conditions of this agreement. C. : THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECiP(EN7 pursuant to this agreement, the state of Washington is named as an express third-party beneficiary.of such subcontracts with fult rigMs as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural.and enginee~ing services shall be awarded through a competitiye process, if required by Siate law. RECIPIENT shall retain copies of all bids received and coMracts awarded, for inspection and use by the DEPARTMENT. f. ~ ASSIGNMENTS " No r'~gfit or claim of the RECIPIENT arising under this agreement shalt be transferred or assigned by the RECIPIENT. F. COMPUANCE WITH 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 permits required by authorities having jurisdiction over the projed, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copfes available to the DEPARTMENT upon request. 2. Discrimination. 7he DEPARTMENT and the RECIPIENT agree to be bound by all Federa! and State laws, regulations, and policies against discriminaiion. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Womer~'s Business Enterprises ta the maximum extent possible. The RECIPIENT shall reporl to the DEPARTMENT the percent of gcanUloan funds available fo women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and poticies of the United States and the State of Washington which affect wages and job safety. - 4. Industrial Insurance. The RECIPIENT certifies full comptiance wiih alLapplicable staie industrial insurance requirements. If the RECIPIENT fails to comply with such laws,.the DEPARTMENT shall have the right to immediately terminate ihis agreement for cause as provided in Sectbn K.1, 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 oi the compensalion to which he/she is otherwise entitled or,. receive any fee, commission or gift in retum for award of a subcontract hereunder. H. AUDITS AND tNSPECTIONS 1. The RECIPIENT shall mainiain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expendilures by fund source and task or object. ~ All granUloan records shall be kept in a manner which pcovides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. i i Engineering documenialion and field inspection reports ot all conslruction work accomplished under this~agreement shali be maintained by the RECIPIENT. 2. All granUloan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit represenlative of ihe State of Washington for a period of at least three years after the final grant paymenUloan repayment or any dispuie resolution hereunder. If any such audits identify discrepancies in fhe financial records, the RECIPIENT shall provide clacification and/or make adjustments accordingly. . 3. All work performed under this agreement and any equipment purchased,.shall be made ayailable to the DEPARTMENT and to any authorized state, federal or loc,al representative for inspection at any time dwring the course of this agreement and far at least three years toilowing granUloan terminaiion or dispuie resolution hereunder. . 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Govemments & N.on Pro~t Organizatians), including the compliance Supplement to OMB Circular A-133, if the RECIPtENT expe~ds $300,000 or more in a year in Federal funds. The $300,000 threshold for each year is a cumulative total of all federal funding from all s~urces. The RECIPIENT must forward a copy of the audit along wifh the RECIPIENT'S response and the final corrective actian plan to the DEPARTMENT within ninety (90) days ofthe date of the audit report. I. PERFORMANCE RfPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such otber schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writirtg . to the DEPARTMENT any problems, delays or adverse conditions which will mate~ially 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 the 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, Aprii 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shaA be due within twenty (20) days following the end of the quarter being reported. J. COMPENSI~TION 1. Method of compensaiion. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each reque5t for payment will be submitted by the RECIPIENT on Sta1e voucher request forms provided by the DEPARTMENT al~ng wiih documeniation of the expenses. Payments shaN be made for each task/phase of the project, or portion thereof, as set out in ihe Scope of Woric 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 Requiremenis for Ecobgy Grants and Loans', part (V, published by the DEPARTMENT. A copy oi this document shall be furnished to the RECIPIENT. When payment requests are apFxoved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and direcied to the Projecf Officer assigned to administer this agreemeM. 2. Budget deviation. Deviations in budget amounts are not allowed without written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENTs request for reimbursement exceeds the State maximum share amount for that element, as described in the Scape of Work. 3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the granUloan ag~eement and performed after the effective dale and prior to the expiration date of this agreement, unless those dates are specifically mod~ed in writing as provided herein. 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within forty-~ve(45) days after the expiration date of this agreement and within i'ifteen (15) days aiter the end of a fiscal biennium. Failure to comply may result. in delayed reimbursement. 2 ~. . 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement paymeni as securiry for the RECIPlEN7's performance and a financial bond. Monies w.ithheld by the DEPARTMENT may be paid 1o 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 comptetion of an audit as speci~ed under section J.6. herein. 6. Unauthorized Expenditures. Ali payments to the RECIPIENT shall be subject to final audit bythe DEPARTMENT and any unauthorized expenditure(s) chacged to this granUloan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. 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 for state empbyees. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scvpe of Work hereunder. K. TERMINATION 4. For Cause. The obligation of the DEPARTMENT to the RECIPlENT is contingent upon satisfactory pertormance by the RECIPIENT of all of its obligations. under this agreement.: In the event 1he RECIPtENT unjustifiably faits, in the opinion oi the DEPARTMENl', to pe~form any obligation required of it by this agreeme~t, the DEPARTM~NT may refuse to pay any fu~iher funds thereunder and/or .. terminate this agreement by giving written notice of termination. A v+rcitten notice of termination shall be given at least f~ve working days prior to the ~ effective date of termination. In that event, all finished or un~nished documents, data stud(es, surveys, drawings, maps, models, photographs, and reports or olher materials prepared by the.RECIPIENT under this agreement, at the option of the DEPARTMEN7, shall become Department 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 RECIPIEN7 shall noi be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT andlor the State of Washington because of any breach of agreemeni by the RECIPIENT. The DEPARTMENT may withhold .payments for the purpose of setoff uMil such time as the exact amouM of damages due 1he DEPARTMEN7 from the RECIPIENT is determined. . 2. Insufficient Funds. The obligation of the DEPARTMENT~to make payments is contingent on the availability of stale and federal funds through legislative app~opriation and state albtment.. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next iiscal year. The failu~e to appropr~ate or allot suct~ funds shall be good cause to terminete this agreemeM as provided in paragraph K.1 ebove. When this agreement cxosses the RECIPIENTs fiscal year, the obligetlon of the RECIPIENT W continue or c~mplete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's goveming 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. 3. Failure to Commence Work. In the evenl ihe RECIPIENT fails to commence worlc on the projed funded herein within four months afie~ the effective date of this agreemerrt, or by any date mutua~y agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to tem~inate this agreement. L WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequenl default. Waiver oi a breach of any provision of this agreement is not a wafver oi any subsequent breach and will not be construed as a rnodification oi the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT: 3 .~ ,. M. PROPERTY RIGHTS 1. Copyrights and Paients. When the REGPIENTcreates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright pr patent the same but the DEPARTMENT retains a royalty-free, nonexciusive and irrevocable license to reproduce, publish, recover or othervvise use the mate~ial(s) or property and to authorize others to use the same for federal, state or locat government putposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the .RECIPIENT as,provided in 35 U.S.C. zoa2~z: 2: Publications. When the RECIPIENT or persons. employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving inforrr~ation suppiied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. . 3, Tangible Property Rights. The DEPARTMENTs current edition of."Admini5trative Requirements for Ecology Grants and Loans", Part V, shall.control the use and dispositlon of all real and personal property purchased wholly or in part wNh funds fumished by the DEPARTMENT in the abse~ce of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specfic insWctions with respect thereto in the Scope of Work. 4: `. Pe~onal Property Furnished by the DEPARTMENT. When the: DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it sfiali be retumed to the DEPARTMENT prior to finai payment by the DEPAR7MENT. H said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by thg RECIPIENT for the fair market value of such property, . 5. Acquisition Pr~jects. The following provisions shaQ apply if ihe project coveced by this agreement inciudes funds for lhe acquisition of land or facilities: , a. Prior to disbursement of funds provided fior 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 abiNty to acqulre tftle for each parcei prior to disbursement of funds provided by this agreement. ~Such evidence may include tftle insurance policies, Torrens cert~cates, or absVacts, 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 oi the conUact 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 o.ther than those for which assistance was originally.approyed,without prior v-rcitten approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT oi that portion of the proceeds of the sale, lease or ottier conversion or encumbrance which monies granfed pursuant to this agreemeM bear to the total acquisition, purchese or constcuction costs of such property. ~ . N. RECYCLED/RECYCLABLE PAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest levei of post consumer and recycled conteM that is available. At a minimum, paper wifh 10 percent post consumer content and 50 percent recyded content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been t~eated with chlorine gas and/orhypochiorite. : 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.PAYMENTS TO RECIPIENT The rigM of the RECIPIENT to reiain monies paid b 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, to perfwm obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required 4 - -- ~ to repay to the DEPARTMENT all granUloan funds disbursed to the RECIPIENT for those parts of the project ihat are rendered worthless in the opinion of 1he DEPARTMENT by such failure to perform. Inlerest shali accrue at the rate of twelve perceni (12%) per annum from the time the ~ DEPARTMENT demands repayment of funds. If paymeMs 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 propetty acquired under this agreement, at the option of the DEPARTMEN'f; 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 be, 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 reporl 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 the Project Officer or otherdesignated o~cial as to the extent and charaGer of the work to be done shal{ govem: The RECtPIENT shall have the right to appeal decisions as provided for below. . Q. DISPUTES Except as otherwise provided in this agreement, any dispute conceming a question of fact arising u~der this agreement which is not disposed of in writing shall be decided by the.Project Officer ot other designated official who shall provide a writien statement of decision to ihe RECIPIENT. The declsion of the Project Officer or other designated officiaFshall be final and conclusive unless; viritMin ihirty days nom the daie of receiPt of such statement, the RECIPIENT mails or othenivise fumi~hes to the Director of lhe 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 Directw or duly authorized representative for the determination of such appeals shall be 6nal and conclusive. Appeals from the DirectaPs determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Directw will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder; ihe RECIPIENT shalt proceed diligenfly with ttie performance of this agreement and in accordance wfth the decision ~ rendered. R. CONFLICT OF INTEREST No o~cer, member, age~t, or empbyee of either partyr to this. agreemeM who exercises any function or responsibiliiy in the review, approval, or carrying out of this agreemeM, shall participate in any decision which affects his/her personal interest or the iMerest 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 thereaE. S. INDEMNIFICATION ' 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consuNanYs fees, and other costs related io 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 against any liabitity for amr or all injuries to persons or property arising fram the negligent act or omission oi that party or that party's agents or empbyees . arising out ot this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the Stake of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidfty shall not affect the other provisions of this agreement which can be given efieci without the invalid provislon, and to this end the provisions oi this agreement are declared to be severable. . j . V, PRECEQENCE 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 and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans'; and (e) the General 7erms and Conditions. SS-010 Rev. 05/02 ~ ~ ~ ~~~ 1 1 ~ • 6 SUGGESTED GRANT FILE CONTENTS: Grant recipients are required to maintain a file for all grant information. The following is a suggested list of the type of information that should be included. There may be other items that should be included. One of the main purposes of the file is to provide a clear audit trail for review and auditing purposes. Copy of the Grant Award, any Amendments and any other modifications. A copy of the grant application and any correspondence regarding negotiations for the award. 2. Budget information regarding the award. 3. Copies of billings submitted for payment including backup expenditure information. 4. Cash receipts (or copies if originals must be submitted elsewhere). 5. Copies of applicable journal vouchers for payments, refunds, tr~nsfers, adjustments, etc. including backup documentation. These are often the best source of information with regard to problems in accounting for the grant and how the problems were resolved. 6. Copies of any federal reporting forms such as taxes. 7. Copies of related miscellaneous documents, memorandum notes and information pertaining to the award. 8. Copies of all progress reports. 9. Phone numbers and addresses for contacting personnel pertaining to the award. 10. Copies of all letters, memos, emails, etc. 11. Copies of all products produced through the grant, including such items as brochures, fact sheets and surveys. 12. If they purchase equipment - an asset tracking system that shows the purchase price, location of asset, and disposition history. Also, a copy of a physical inventory taken every two years. 13. If they earn program income - documentation that shows how they recorded the income in the accounting records and how it is applies toward the grant project. 14. If they acquire real property (land, buildings) - evidence of negotiation and appraisal of the purchase price.