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ORDINANCE NO. 4 4 0 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING AN APPROPRIATION OF GRANT FUNDS IN THE
AMOUNT OF TEN THOUSAND DOLLARS, ($10,000), AND AUTHORIZING
THE MAYOR TO ACCEPT THE GRANT FROM THE STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY TO DEVELOP A WETLANDS INVENTORY FOR
THE CITY OF AUBURN.
WHEREAS, the Auburn City Council of the City of Auburn
must adopt and approve all appropriations by Ordinance
pursuant to Chapter 35A.33 RCW; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1.::•'Pursuant to Chapter 35A.33 RCW the City
hereby approves the expenditure and appropriation of a total
amount of TEN THOUSAND DOLLARS ($10,000), which constitutes
a Grant pursuant to the Agreement between the City of Auburn
and the State of Washington Department of Ecology.
Section 2. The Mayor and City Clerk of the City of
Auburn are authorized to execute Grant Agreement No.
G0090075, which will provide grant funding to the City of
Auburn for use by the City to develop a wetlands inventory
for the entire City. A copy of said Grant Agreement is
attached hereto and designated Exhibit A and is incorporated
by reference in this Ordinance.
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Ordinance No. 4403
January 15, 1990
Page 1
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED: ✓ v
PASSED:
APPROVED: di v
ATTEST:
1
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguerite Schellentrager,
City Attorney
Published: �-11-90
-------------------
Ordinance No. 4403
January 15, 1990
Page 2
GRANT AGREEMENT NO. G0090075
between the
State of Washington Department of Ecology and
the City of Auburn
THIS is a binding agreement entered into by and between the State of Washington,
Department of Ecology, (Mailstop PV-11, Olympia, Washington, 98504-8711) herein-
after referred to as the "DEPARTMENT" and the City of Auburn, hereinafter re-
ferred to as the "GRANTEE" to carry out the activities described herein and au-
thorized by Section 306 of the Coastal Zone Management Act of 1972.
Grantee Name: City of Auburn
Planning and Community Development
25 West Main
Auburn, Washington 98001
Grantee Telephone Number: 206-931-3090
Grantee Project Coordinator: Greg Fewins
The Source of funds provided by the Department is Coastal Zone Management 306
funds.
For the purpose of this agreement, the Project Officer assigned for the DEPART-
MENT will be Steve Craig. Phone: 206 459-6780, SCAN 585-6780.
Grant Amount: Eligible Project Cost: $ 10,000.00
State Grant Share $ .5,000.00
Local Share $ 5,000.00
State Maximum Cost Share Rate 50%.
Security for performance shall be 10% of each invoice.
Budget deviation shall be 5%.
The effective date of this grant is the date the agreement is signed by the DE-
PARTMENT. Any work performed prior to the effective date of this agreement with-
out prior written authorization and specified in the Scope of Work will be at the
sole expense and risk of the GRANTEE.
The Project described herein must be completed on or before June 15, 1990.
This agreement shall expire no later than June 15, 1990.
1 of 10
Grant No. G0090075
CZM Grant Agreement with
City of Auburn
SCOPE OF WORK
Protect Title: Wetland Inventory - (geographic area)
Project Description: The scope of work to be funded by the Department through
the CZM grant program represents the ongoing efforts by the
Grantee to develop a wetlands inventory for the entire
city. The intent of this grant is to gather data on
existing wetland resources within the City of Auburn.
Performance Coordination
To ensure that the scope of work is consistent with Ecology's wetland practices,
the grantee will coordinate with and receive guidance from the Department. This
coordination will take place after initial grant approval and as often as Ecology
deems necessary to ensure consistency with Department objectives. (Contact Andy
McMillan at 206-438-7428.)
Work Tasks
The purpose of this inventory will be to identify, determine approximate extent,
and classify wetlands. In conducting the inventory, the GRANTEE will use the
classification system developed by the U.S. Fish and Wildlife Service as de-
scribed in Classification of Wetlands and Deeuwater Habitats of the United
States. The Grantee will use the "Federal Interagency Committee for Wetland De-
lineation. 1989. Federal Manual for Identifying and Delineating Jurisdictional
Wetlands' (federal Methodology) as the methodology for identifying and delineat-
ing wetlands.
Task 1: Office (paper) inventory: National Wetland Inventory maps, soil maps,
aerial photographs, and other existing data sources will be used to
compile preliminary (reconnaissance) information prior to conducting
field work.
Task 2: Field inventory: Wetland personnel trained by the Department, will map
approximate boundaries of identified wetlands based on ground recon-
naissance and information compiled during Task 1, in accordance with
the Federal Methodology.
Task 3: Mapping: Wetland boundaries identified during the field inventory will
be transferred onto final wetland maps at a scale which is consistent
with the primary base maps used by the GRANTEE for planning and project
review.
Task 4: Final Report: The final report will supplement the City of Auburn's
Wetlands Inventory Methodology Report, Mill Creek Drainage Basin.
2 of 10
Grant No. G0090075
CZM Grant Agreement with
City of Auburn
a. A summary of any change in methods, sample data sheets and maps.
b. A report prepared in standard scientific format, including an
introduction, results, conclusions and recommendations. The
information shall include information regarding characteristics of
the inventories drainage basin, inventory results, total wetland
acreage, and conclusions will be prepared.
c. A breakdown of costs associated with each stage of the inventory
should be identified.
Staffing: Personnel will be hired to conduct the field inventory and mapping
throughout the duration of the contract. These employees will be
hired and supervised by the Grantee. Training sessions and other
assistance will be provided by the Department.
Performance Reporting: The Grantee will provide a quarterly report (due January
1, and April 1) for the purpose of reporting progress and receiving
technical assistance when needed. A draft of the final report will be
submitted no later than May 1, 1990, to the DEPARTMENT's wetlands
ecologist for review and approval. If a draft is not submitted, the
contract may be cancelled within 30 days. A final report shall be
submitted no later than June 15, 1990.
Expected Work Products:
1. Final maps of all wetlands produced at a scale consistent with the primary
base maps used by the grantee for planning and project review purposes
(list area and acreage to be inventoried). Submit two (2) complete sets
of maps plus five (5) sample maps to the DEPARTMENT.
2. Seven copies of the final report as described in Task 4.
3. Costs: a breakdown of person -hours and associated costs of field work and
office tasks (e.g., office inventory, field verification, transportation,
final map production, reproduction, final report, and data management) will
be submitted with the final report.
BUDGET
Salaries $10,000
TOTAL $10,000
State Share @ 50% = $5,000 Local Match @ 50% = $5,000
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Grant No. G0090075
CZM Grant Agreement with
City of Auburn
SPECIAL TERMS AND CONDITIONS
A. COASTAL ZONE MANAGEMENT PROVISIONS
1. Planning Area: The services under this grant will be provided in connection
with and respecting the following area or areas, herein called the
"ADMINISTRATION AREA:"
The administration area of the coastal zone management program shall include
all those saltwater and tidally influenced shorelines of the state defined in
the Shoreline Management Act of 1971, and designated in Chapters 173-18,
173-20, and 173-22 WAC for all the incorporated and unincorporated areas of
city/county, plus those fresh waters which could have a direct and significant
impact on coastal waters.
2. Responsibilities of the Project Coordinator: The Project Coordinator shall be
responsible for the procedural obligations under this grant in addition to
his/her duty to coordinate the planning effort hereunder. He/She shall co-
operate with all parties concerned in every way possible to promote successful
completion of the services described in the Scope of Work.
3. Identification of Project Materials: All reports, maps, and other documents
published as part of this grant, other than documents which are exclusively
for internal use within the DEPARTMENT, shall carry the following notation on
the front cover or title page (or in the case of maps, the block which con-
tains the name of the GOVERNMENT unit or the DEPARTMENT):
"The preparation of this report was financially aided through a grant from the
Washington State Department of Ecology with funds obtained from the National
Oceanic and Atmospheric Administration, and appropriated for Section 306 of
the Coastal Zone Management Act of 1972."
4. Publications and Brochures: Any publications or brochures required as a
product of this agreement shall conform to minimum standards of size, 8-1/2" x
11" white, recycled paper equivalent in weight to 20 lb. bond, single spaced,
no less than 1" margins. Photos, illustrations, and graphs must be of repro-
ducible quality. The Grantee shall comply with any additional specifications
as may be outlined in the Scope of Work.
5. Documents: The GRANTEE shall provide the DEPARTMENT with a minimum of five
(5) copies of all documents produced under the terms of this grant unless
otherwise specified.
6. Project Completion Requirements: On completion of the project, the Project
Coordinator shall submit the following information and materials to the
DEPARTMENT:
4 of 10
•Grant No. G0090075
CZM Grant Agreement with
City of Auburn
a. Project Completion Report: The purpose of this report is to document
that the project and each of its elements has been completed. Five (5)
copies of a "Project Completion Report" are required as follows:
1) Summary Account - The Completion Report must include a brief summary
account of the work accomplished under the grant with respect to each
of the surveys, studies, plans, and other planning activities listed
in the grant or any amendments to that grant. It is also to include a
notation of the exhibit or portion thereof containing the project of
that work element.
(2) Reports. Maps, Plans, Exhibits. Etc. - The Completion Report must
include a list of all reports, maps, plans, and other documents
prepared under this grant, indicating for each whether it is in
published or unpublished form as defined in the grant.
(3) Abstract - Every published report under this grant and any other
material which is of exceptional interest, as determined by the
DEPARTMENT, must be represented in the Project Completion Report by
an abstract on the first page after the cover of the Completion
Report. The abstract of each publication must first indicate the
outstanding purpose of the publication and then briefly summarize
that publication. In addition, the abstract must conform to the
format included in subsection (4) below. The summary portion of the
abstract should be about 200 words in length and must not exceed 300
words.'
(4) Format of Abstract
1 - Title
2 - Author(s)
3 - Subj ect
4 - Date
5 - Name of DEPARTMENT and
6 - Source of Copies
7 - Ecology Project Number
8 - Series Number
9 - Number of Pages
10 - Abstract
participating localities
b. Submittal of Project Materials: Five (5) copies of each published report,
map, plan, or other documents prepared under this grant shall be submitted
with the Project Completion Report.
c. Graphic Record Alternative: With respect to models and published maps and
plans, such as aerial maps, maps, and plans which are colored or are too
large to fold compactly, it is required only that photographs or photostats
of each (in color or black and white), whichever is necessary to show the
5 of 10
Grant No. G0090075
CZM Grant Agreement with
City of Auburn
content of the map, (and at least 8" x 10" in size) be submitted as the
graphic record for the project. Each such photograph or photostat
shall be legibly identified as to the title and scale of the original
document, the municipality, or area covered, and the report or study to
which it relates, and shall contain a notation of the place where the
original is located.
d. Transmittal of Maps, Plans, Etc.: The title, the grant number, the
municipality or county, and the report or study to which each map and plan
relates shall be indicated on the outside top fold of such map and plan,
and all maps and plans transmitted shall be folded to the size of the re-
port project.
7. Access to Records and Right to Audit
a. The GRANTEE agrees that the Comptroller General of the United States or,any
of his duly authorized representatives and the Secretary of Commerce or any
of his duly authorized representatives shall, until the expiration of three
(3) years after expenditure of funds under this grant, have access to and
the right to examine any directly pertinent books, documents, papers, and
records of the GRANTEE involving transactions related to this grant. The
GRANTEE agrees to include the substance of this paragraph into all grants
and subcontracts payable from contract funds in whole or in part.
b. The GRANTEE agrees that payment(s) made under this grant shall be subject
to reduction for amount charged thereto which are found after audit ex-
amination not to constitute allowable costs under this grant. The GRANTEE
shall refund by check payable to the DEPARTMENT the amount of such reduc-
tion of payments under completed or terminated grants.
8. Maintenance of Records: All required records shall be maintained until a
federal audit is completed and all questions arising therefrom are resolved,
or three (3) years after completion of a project, whichever is sooner.
9. Refund of Payment: If, through any cause, the National Oceanic and Atmo-
spheric Administration (NOAA) disallows reimbursement to the DEPARTMENT for
failure to fulfill the grant or stipulations of this grant, the GRANTEE will
reimburse the DEPARTMENT to proportionate amount of the federal share of the
total grant funds paid by the DEPARTMENT to the GRANTEE through this grant, or
that portion thereof constituting NOAA reimbursement of state grant funding
under the terms of this grant.
10.Official Not to Benefit: No member of or delegate to the Congress of the
United States, or resident Commissioner, shall be admitted to any share or
part of this grant or to any benefit that may arise therefrom.
6 of 10
Grant No. G0090075
CZM Grant Agreement with
City of Auburn
B. DEPARTMENT REVIEW OF CONTRACTS
The GRANTEE shall submit to the DEPARTMENT for review copies of all
proposed contracts. Contracts or subagreements may not be entered into
without the written approval of the DEPARTMENT.
C. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The GRANTEE agrees to utilize to the maximum extent possible, minority -owned and
women owned businesses in purchases and contracts under this agreement initiated
after the effective date of this agreement.
In the absence of more stringent goals established by the GRANTEE'S jurisdiction,
the GRANTEE 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:
Minority owned business participation: 10%
Women owned business participation: 6%
The GRANTEE 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 when
ever 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 minor-
ity, and women's businesses;
4. Establish delivery schedules, where requirements of the work permit,
which will encourage participation of qualified minority, and women's
businesses; and
5. Use the services and assistance of the State Office of Minority and
Women's Business Enterprises, and the Office of Minority Business Enter-
prises of the US Department of Commerce as appropriate.
The GRANTEE shall provide written certification, on a form provided by the
DEPARTMENT, that the above steps were/will be followed.
The GRANTEE shall report to the DEPARTMENT at the time of submitting each in-
voice, on forms provided by the DEPARTMENT, payments made to qualified firms.
7 of 10
Grant No. 00090075
CZM Grant Agreement with
City of Auburn
The report will address:
1.' Name and State OMWBE certification number of qualified minority and
women's businesses working on the project;
2. Dollar amount of contracts awarded to qualified minority and women's
businesses.
D. FINANCIAL GUIDELINES
The GRANTEE shall comply with the DEPARTMENT's current edition of "Financial
Guidelines for Grants Management". The GRANTEE shall be responsible for
maintaining appropriate financial records throughout the life of the project
and in accordance with these guidelines.
E. PAYMENT REQUESTS: Requests for reimbursement shall be submitted by the
GRANTEE on state invoice voucher forms (A-19-A) provided by the DEPARTMENT.
All requests for payment are to be consistent with the budget objects (or
elements) as listed in the budget section of this agreement.
Each request for payment must include supporting documentation provided
to the DEPARTMENT on the A-19-1 "Voucher Support Form" (or the
GRANTEE's can substitute a computerized spreadsheet in a similar format
with the same headings.) All expenses in each element or task will
be grouped together. A separate page or subtotal will be used for
each element with a summary page totaling costs.
Complete backup documents (to include but not limited to all invoiced
costs, time sheets, contributed services, etc.) MUST be maintained by
the GRANTEE. These expenses will be kept in grant files according to
budget element for a period of three years after project completion
and made available at any time for inspection by the DEPARTMENT.
F. DEVIATION FROM BUDGET
Payment will be disallowed when the GRANTEE'S request deviates from any of
the budget objects in the grant agreement by more than a cumulative five
(5) percent of the total project cost without prior written approval.
G. QUARTERLY REPORTING
Quarterly Reports are contingent on the date the agreement is signed by the
Department. Reports shall be due on the last day of the quarter and cover
the periods as follows:
8 of 10
Grant• No. G0090075
CZM Grant Agreement with
City of Auburn
First Quarter - July 1 through September 30
Second Quarter - October 1 through December 31
Third Quarter - January 1 through March 31
Fourth Quarter - April 1 through June 15
The Department reserves the right to terminate this agreement, as specified
in paragraph K.1. of the General Terms and Conditions, for failure to comply
with the above schedule of quarterly reports.
H. GRANT CLOSEOUT
All final billings for this project will be submitted to the DEPARTMENT by
June 15, 1990.
I. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions", and the
DEPARTMENT'S current edition of "Financial Guidelines for Grants
Management", contains the entire understanding between the parties, and
there are no other understandings or representations except those set fourth
or incorporated by reference herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless in
writing, signed by authorized representatives of the GRANTEE'and DEPARTMENT
and made a part of this agreement; EXCEPT, that in relation to change of
the DEPARTMENT'S Project officer, or the GRANTEE's Project Coordinator as
set fourth on the Grant Cover Sheet, either party may make such change by
sending a letter to that effect without the signature of the other party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
D. RODNEY MACK DATE
PROGRAM MANAGER
SHORELANDS AND COASTAL ZONE
MANAGEMENT PROGRAM
Approved as to form only by
Assistant Attorney General
CI
TUBE, AUTHORIZED OFFICIAL DATE
BOB ROEGNER
PRINT NAME OF AUTHORIZED OFFICIAL
TITLE OF AUTHORIZED OFFICIAL
(NOTE: Insert additional signature
block(s) and/or page(s) if more than
one signature required)
(Additional City of Auburn signature blocks
on attached Page 10 of 10)
9 of 10
ATTEST:
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Marguerite Schellentrager,
City Attorney
10 of 10
GENERAL TERMS AND CONDITIONS
Pertaining to Grant Agreements of
the Department of Ecology
A. GRANTEE PERFORMANCE
All activities for which grant funds are to be used shall be accomplished by the GRANTEE and GRANIEE's employees. The GRANTEE shall
not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE COMPLIANCE
The GRANTEE must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The GRANTEE shall ensure that in all subcontracts entered into by the GRANTEE pursuant to this agreement, the state of Washington is
named as an express third -patty beneficiary of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive
process, if required by State law. The GRANTEE shall not advertise for bids for construction until receipt of written approval from the
DEPARTMENT. No contract shall be awarded or rejected until approved in writing by the DEPART IMENT. GRANTEE shall retain copies of
all bids received and contracts awarded, for inspection and use by the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE.
F. COMPLIANCE WITH ALL LAWS
1. The GRANTEE shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits.
Prior to commencement of any construction, the GRANTEE shall secure the necessary approvals and permits 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. Discrimination. The DEPARTMENT and the GRANTEE agree to be bound by all Federal and State laws, regulations, and policies against
discrimination. The GRANTEE further agrees to affirmatively support the DEPARTiMENTs minority contract procurement program to
ensure, to the maximum extent possible, the participation of women and minority owned businesses in all subcontracts awarded under this
agreement. The GRANTEE shall report to the DEPARTMENT the percent of grant funds available to women or minority owned businesses.
3. Wags And Job Safety. The GRANTEE agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
4. industrial Insurance. The GRANTEE certifies full compliance with all applicable state industrial insurance requirements. If the GRANTEE
fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in
Section K.1, herein.
G. KICKBACKS
The GRANTEE 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 gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The GRANTEE shall maintain complete program and financial records relating to this agreement. All grant 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 Feld inspection reports of all construction work accomplished under this agreement shall be maintained by
the GRANTEE. Such records shall clearly indicate total receipts and expenditures by fund source and object classification.
2. All grant records shall be open for auditor 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 or any dispute resolution hereunder. If any such audits identify
discrepancies in the financial records, the GRANTEE shall provide clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, 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 termination or dispute resolution hereunder.
4. GRANTEE 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 GRANTEE receives federal funds in excess
of $25,000. The GRANTEE must forward a copy of the state auditor's audit along with the GRANTEE 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.
I. PERFOPUMANCE REPORTING
The GRANTEE shall submit progress reports to the DEPARTMENT on a quarterly basis or such other schedule as set forth in the Special
Conditions. The GRANTEE shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially
affect their ability to meet project objectives, time schedules or project tasks within the established time periods. 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.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 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.
J. COMPENSATION
1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no more often than once per month. Each
voucher shall be submitted to the DEPARTMENT along with documentation of the work performed, expenses incurred and the progress of
the project. 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 GRANTEE and certified as satisfactory by the DEPARTMENT. Requests for payment will be submitted by the GRANTEE on State
voucher request forms provided by the DEPARTMENT.
Tice voucher request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work.
Instructions for submitting the State voucher request form are found in "Financial Guidelines for Grants Management," chapter 6, published
by the DEPARTMENT. A copy of this guideline shall be furnished to the GRANTEE When voucher requests are approved by the
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. Bu o t deviation. Deviations in budget amounts may be allowed, with prior approval from the DEPARTMENT. Payment by the
DEPARTMENT for project tasks described in the Scope of Work will be disallowed when the GRANTEE's request for reimbursement
exceeds the State maximum cost share amount for that task by more than ten percent (1017o) when multiplied by the appropriate cost share
rate. Despite the foregoing, in no event will the DEPARTMENT provide reimbursement in excess of the DEPARTMENT's grant share of
the total eligible cost without a written amendment to this agreement.
3. Period of Compensation. Grant payments shall only be made for action of the GRANTEE pursuant to the grant agreement and performed
within the effective dates of this agreement unless those dates are specifically modified in writing as provided herein.
4. Final Requcst(s) for Pavment. The GRANTEE must submit final requests for compensation within forty-five (45) days after satisfactory
completion of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
5. Performance Guarantee. The DEPARTMENT shall withhold an amount not to exceed ten percent (10%) of each reimbursement payment as
security for the GRANTEE's performance. Monies withheld by the DEPARTMENT may be paid to the GRANTEE when the project(s)
described herein, or a portion thereof, have been completed if in the DEPART MENTs 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 herein.
6. Unauthori7ed F=nditures. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any unauthorized
expenditure(s) charged to this grant shall be refunded to the DEPARTMENT by the GRANTEE.
7. M_ileaae and Per Diem. If mileage and per diem are paid to the employees of the GRANTEE or other public entities, it shall not exceed the
amount allowed under state regulation.
8. Indirect Costs. No reimbursement for indirect costs will be allowed unless provided for and defined in the Scope of Work hereunder.
K TERMINATION
For Cause. The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the GRANTEE of all
of its obligations under this agreement. In the event the GRANTEE 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 terminate 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
unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
GRANTEE under this agreement, at the option of the DEPARTMENT, shall become its property and the GRANTEE shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the GRANTEE 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 GRANTEE. The DEPARTMENT may
withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the GRANTEE is
determined.
Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the 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 K1 above.
Failure to Commence Work. In the event the GRANTEE 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.
Waiver. Waiver of any GRANTEE 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.
L. PROPERTY RIGHTS
1. Cowd;hts and Patents, When the GRANTEE creates any copyrightable materials or invents any patentable property, the GRANTEE 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 has a proprietary interest in patent rights to any inventions that may be developed
by the GRANTEE. As such, the federal grantor agency, in the absence of legislation otherwise, will allocate patent rights in accordance with
the memorandum and statement of government patent policy (36 F.R.16887-16892) issued by the President on August 23, 1971.
2. Publication,. When the GRANTEE or persons employed by the GRANTEE use or publish information of the DEPARTMENT; present
papers, lectures, or seminars involving information supplied 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. Taneible Propern ivhts. The DEPARTMENTS current edition of 'Financial Guidelines for Grants Management," chapter 4, 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 Prosy Furnished by the DEPARTMFNT. When the DEPARTMENT provides personal property with an acquisition cost of
$300.00 or more per unit and a useful life of more than three years, directly to the GRANTEE for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. The GRANTEE shall make payment in cash or by setoff
to the DEPARTMENT for use of such pcoperty. If said property is lost, stolen or damaged while in the GRANTEE's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the GRANTEE for the fair market value of such property.
5. Acquisition Protects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or
facilities:
Prior to disbursement of funds provided for in this agreement, the GRANTEE shall establish that the cost of land/or facilities is fair and
reasonable.
b. The GRANTEE 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.
Conversions. Regardless of the contract termination date shown on the cover sheet, the GRANTEE 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.
M. RECOVERY OF PAYMENTS TO GRANTEE
The right of the GRANTEE 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 GRANTEE fails, for any reason,
to perform obligations required of it by this agreement, the GRANTEE may, at the DEPARTMENTS sole discretion, be required to repay to the
DEPARTMENT all grant funds disbursed to the GRANTEE 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 GRANTEE shall not be
obligated to repay monies which had been paid to the GRANTEE prior to such termination. Any property acquired under this agreement, at the
option of the DEPARTMENT, may become the DEPARTMENTS property and the GRANTEE'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
N. PROJECTAPPROVAL
The extent and character of all work and services to be performed under this agreement by the GRANTEE shall be subject to the review and
approval of the DEPARTMENT through the Project Officer or other designated official to whom the GRANTEE 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 the Project
Officer or other designated official as to the extent and character of the work to be done shall govern. The GRANTEE shall have the right to
appeal decisions as provided for below.
O. DISPIJTES
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 GRANTEE.
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 GRANTEE mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the GRANTEE 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 besought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the GRANTEE shall proceed diligently with the performance of this agreement and in accordance with the decision rendered.
P. 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 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.
Q. INDEMNIFICATION
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, the GRANTEE shall indemnify and hold the
DEPARTMENT harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or
omission of the GRANTEE arising out of this agreement, except for such damage, claim, or liability resulting from the negligent act or
omission of the DEPARTMENT.
R. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
S. SEVERABILTTY
If any provision of this agreement or any provision of any document incorporated 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.
T. 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 and Conditions, and any terms
incorporated therein by reference; and (d) the General Terms and Conditions.
SS-010 Rev.6/98
PLANNING DEPARTMENT
MEMO
TO: Robin
FROM: Pat
January 30, 1990
Attached are two original Ordinances (No. 4403) and two original
WSDOE Grant Agreements. After Mayor and Clerk signatures have
been obtained, return one executed Ordinance and both contract
originals. We will then obtain the signatures from WSDOE and
return one fully executed contract agreement for the City's
permanent files.
Thanks.
/pb
MIS\90-064
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
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. 4403 of the
ordinances" of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4403 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn,,, on the the 5th.day of February A.D., 1990.
I further certify that `said Ordinance No. 4403 was
publishedas_providedby.law in the Valley Daily News, a
daily newspaper,,pub'lished in the City of Auburn, and of
general circulation._therein, on the llth day of February,
A.D., 1990.
Witness my hand and the official seal of the City of
Auburn this March 21, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000