HomeMy WebLinkAboutItem VIII-B-10CITY OF :~
WASHINGTON
AGENDA BILL APPROVAL FORM
A.qenda Subiect: Date:
Resolution No. 3717 April 13, 2004
Department: Attachments: Budget Impact:
Finance Resolution No. 3717 and Exhibit A
Administrative Recommendation:
City Council adopt Resolution No. 3717.
Background Summary:
Resolution No. 3717 authorizes the Mayor to execute an interlocal agreement with the State of
Washington Department of Ecology for implementation of the 2004 - 2005 Coordinated Prevention Grant
Program in the amount of $41,985. By accepting these grant funds, the City's goal will be to improve
commercial waste diversion through increased business participation in Auburn's commercial recycling
program.
N0419-2
03.7, A5.6.2, A3.16.3
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Col~ission COUNCIL COMMITTEES:
[] Airport [] Human Resources
[] Hearing Examiner [] Finance [] Building [] M&O
[] Human Services [] Municipal Serv. [] Cemetery [] Mayor
[] Library Board [] Planning & CD [] Finance [] Parks
[] Park Board [] Public Werks [] Fire [] Planning
[] Planning Col~. [] Other [] Legal [] Police
[] Public Works
Action:
Committee Approval: DYes DNo
Council Approval: DYes DNo Call for Public Hearing / /
Referred to Until / /
Tabled Until / /
Councilmember: Cerino Staff: Coleman
Meeting Date: April 19, 2994 Item Number: VIII.B.10
AUBURN * THAN YOU IMAGINED
RESOLUTION NO. 371._.~.7
A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF AUBURN,
WASHINGTON, AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS
IN THE AMOUNT OF FORTY-ONE THOUSAND NINE HUNDRED
EIGHTY-FIVE ($41,985) FOR THE 2004 - 2005 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 recycfing
program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section l. The City hereby approves the receipt of funds from the Washington
State Department of Ecology in the total amount of FORTY ONE THOUSAND NINE
HUNDRED EIGHTY FIVE ($41,985) as reimbursement for implementing the 2004 -
2005 Coordinated Prevention Grant Program.
Resolution No. 3717
April 13, 2004
Page 1 of 2
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 is hereby authorized to implement such administrative
procedures as may be necessary to carry out directives of the legislation.
Section 4.
signatures hereon.
DATED and SIGNED this
The Resolution shall be in full force and effect upon passage and
day of April, 2004
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
. City Clerk
D~niel B. He~'i~,
City Attorney
Resolution No. 3717
Aprl113, 2004
Page 2 of 2
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Northwest Regional Office · 3190 %60th Avenue SE · Bellevue, Washington 98008.5452 · (425) 649~7000
February 5, 2004
Sharon Conroy
City of Auburn
25 W Main
Auburn WA 98001-4916
Re: Coordinated Prevention Grant Offer -- Grant No. G0400219
Dear Ms. Conroy:
The enclosed grant agreement will provide up to $41,985 in matching funds to the City of
Auburn for Coordinated Prevention Grant activities. If you find the grant agreement satisfactory,
please have both copies, signed by the appropriate authorized official and returned to this office
as soon as possible. Please return both appended copies of the General Terms and Conditions
with the grant agreement as well. The grant agreement becomes effective upon signature by
Cullen Stephenson, Program Manager for the Solid Waste and Financial Assistance Prograha.
Also enclosed for signature is a "Procurement Certification Form," which documents the
procurement procedures that will be used for grant-related projects. The Department of Ecology
reserves the fight to withdraw the grant offer if the agreement is not returned within. 45 days.
Please contact me at 425-649-7048 or e-mail stwi461 ~ecy.wa.gov if you have any questions.
Sincerely,
Steven Williams
Environmental Planner
Solid Waste & Financial Assistance Program
Enclosures
cc: Grant File
PROCUREMENT CERTIFICATION FORM
Recipient:
Grant Name:
Grant No.:
The undersigned, on behalf of the Recipient, certifies that the Recipient:
(check and complete one of the following)
will follow Recipient's 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
authority) and are recorded in
(document name).
(adopting
having no applicable, adopted procurement procedures, will follow the
Standards for Competitive Solicitation found in the Administrative
.,..Requirements for Ecology Grants and Loans, WDOE 91-18 (Revised
October 2000) (the "YellOw Book"), and applicable state laws in
procUring grant-related public works contracts, professional and
personal services contracts, and purchase agreements.
AUTHORIZED SIGNATURE
DATE
TITLE '
DATE
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This is a binding agreement entered into by and between the State of Washington Depadment of Ecology,
hereinafter refen-ed to as the DEPARTMENT, and the City of Auburn, hereinafter referred to as the RECIPIENT,
to carry out the activities described herein.
RECIPIENT NAME & ADDRESS
City of Auburn
25 W Main
Auburn WA 98001-4916
RECIPIENT PROJECT COORDINATOR
TELEPHONE
FAX
E -MAIL
Sharon Conroy
253-931-5103
253-931-3053
sconroy~ci.aubum.wa.us
REGIONAL PROJECT OFFICER
TELEPHONE
FAX
E-MAIL
StevenWilliams
425-649-7048
425-649-7098
stwi461@ecy.wa.gov
FUNDING SOURCE
Local Toxics Control Account
MAXIMUM ELIGIBLE COST
$55,980
STATE GRANT SHARE
$41,985
LOCAL SHARE $13,995
STATE MAXIMUM GRANT PERCENT
75 %
FEDERAL TAX IDENTIFICATION NO.
91-6001228
For the purpose of this agreement, the RECI?IENT will be allowed to match the DEPARTMENT share with cash
and interloeal in-kind costs in accordance with pre-application instructions.
This grant is effective on January 1, 2004. 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
This agreement shall expire no later than December 31, 2005.
1 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT's goals, activities, budget(s) and schedule(s) and expected
outcomes.
Recipient Responsibilities: The RECIPIENT is responsible for implementing activities identified in thc local
Solid Waste Management Plan (SWMP), the Moderate Risk Waste Plan (MRWP), and/or the Hazardous
Waste Management Plan (HWMP).
1) PROJECT TITLE COMMERCIAL RECYCLING PROGRAM (WRR)
Goal Statement:
The goal of this project is to increase commercial waste diversion through increased business
participation in the RECIPIENT's commercial recycling program.
Maximum Eligible Cost: $ 55,980
Schedule:
ProjeCt Description:
January 1, 2004 through December 31, 2005
The RECIPIENT recently revised its commercial recycling program to include embeclded costs for
recycling service. Thc RECIPIENT shall design, in conjunction with a contracted consultant, a
promotional campaign to make businesses aware of this service as well as provide out'each and
technical assistance to businesses that want to begin or expand recycling service. Businesses that do
not sign up in the first year of the program will be targeted in year two. The DEPARTMENT 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 provide recycling boxes to participating businesses.
2 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
TARGET PLAN
TARGET: (TgItat measurable change or accomplishment this project will achieve)
At the conclusion of the grant cycle, 840 businesses will participate in the commercial recycling
program - this is a.50% participation rate.
~'~'~ !! ~ ~~i!! ACTIONS MEASUREMENT
The
number of who take the steps The actions the recipient How the recipient knows
people or described below · by this date. takes to encourage the
businesses change the change took place
April 04 A. Let RFP and hire Contract signed
consultant
June 04 B. Design media campaign Campaign design
and media contacts completed
1,680 Become aware of August 04 C. Recycling service Confu'm deli,very of
businesses program through promoted and supplies promotional material and
receipt of outreach delivered recycling boxes
material
550 Begin using December D. Continued promotion Track data of
businesses recycling service 04 and assistance participating businesses
January 05 B. Begin follow up contacts Documentation of non-
through and outreach to businesses participating businesses
June 05 not signing up during year as well as tbllow-up
one contacts and outreach
290 ' Begin using December F. Continued promotion Track data of
additional recycling service 05 and assistance participating businesses
businesses
(840 total)
Comm~, laicaflon/Reportinu:
The DEPARTMENT's project officers will contact the RECI?IENT representatives in accordance with the
implementation/verification schedule(s) attached herein. It is the responsibility of the RECII~IENT to be
prepared to discuss if the project is moving along on schedule and what technical assistance may be
required. Ali payment requests must be accompanied by a progress report which is satisfactory to the
specifications of the grant officer; Payment requests are due at least every 12 months and no more
frequently than every six months.
3 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
The RECIPIENT must also complete annual reports o.n the prescribed forms and submit to the
DEPARTMENT a Final Performance Analysis report (FPA) including the effectiveness of the'approaches
used and any lessons learned, unless instructed otherwise by the DEPARTMENT. The FPA is due no later
than 45 days following the expiration of this agreement.
When completing the FI>A, the RECIPIENT is. required to complete the "innovative/learning project"
requirement as described on page 53 in the Guidelines under the heading of Project Analysis. Project
1 of this agreement must be used as the innovative/learning project.
IMPLEMENTATION/VERIFICATION SCHEDULE
B. Design media campaign and media contacts I Jur~, e 04
1
D. 550 businesses begin using recycling service I January 05
E. Follow up contaots and outreach to businesses / June 05
not signing up during year one
I
F. 290 additional businesses begin using recycling [ January 05
service .......... 1 ........
CPG BUDGET
1. $ 55,980
TOTAL $ 55,980
FUND SOURCE
Local Toxics Control Account (LTCA)
75 % $ 41,985
4 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
ADDITIONAL BUDGET CONDITIONS
Overhead is eligible; the RECIPIENT may charge 25 percent of RECIPIENT salaries and
benefits applied directly to the project as overhead.
The RECIPIENT contact for billing and invoice questions is:
NAME: Sharon Cortroy
TELEPHONE: 253-931-5103
Grant payments should be made out payable to the following and mailed to this address:
City of Auburn
25 W Main
Auburn WA 980014916
SPECIAL TERMS AND CONDITIONS
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified rninority-
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 the DEPARTMENT's goals for minority- and women-owned business participation
in alt 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:
ConstructionfPublic Work~
Architecture/Engineering
Purchased Goods
Purchased Services
Professional Services
10% MBE 6%WBE
10% MBE 6%WBE
8% MBE 4%WBE
10% MBE 4%WBE
10% MBE 4%WBE
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 shall take the following affu'mative steps in any
procurement initiated after the effective date of this Agreement:
I. 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 tasks or quantifies to
permit maximum participation by qualified minority and women's businesses.
5 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
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.
By signing this Agreement, the RECIPIENT certifies that these steps were, or will be tbllowed. Any
contractor engaged by the RECIPIENT under this agreement shall be required to follow these five
affirmative steps in the award of any subcontract(s).
The RECIPIENT shall report to the DEPARTMENT payments made to qualified firms at the time of
submitting each invoice and on forms provided by the DEPARTMENT. The report will address:
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 fn'ms under this invoice.
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 ali parties contributing
to the local match of this project. Copies of these agreements shall be submitted to the
DEPARTMENT.
PROCUREMENT AND CONTRACTS
1. The RECIPIENT shall follow their standard procurement procedures and/or applicable state law
in awarding contracts; RECIPIENTS with no formaI procurement procedures must comply w~th
the "Standards for Competitive Solicitation", found in the Administrative Requirements for
F~ology Grants and LOans, WDOE 91-18 (Revised October 2000).
2. Following execution, at the request of the DEPARTMENT, 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.
3. The RECIPIENT may use existing contracts that conform to adopted procurement prOCedures and
applicable state laws. The RECIPIENT shall notify the DEPARTMENT if it used contracts
entered into prior to the execution of the grant agreement for performance of grant funded
activities.
SEPA COMPLIANCE
To ensure that environmental values are considered by the state and local government officials when
making decisions, the RECIPIENT shall comply with the provisions of the State Environmental
Policy Act (SEPA), Chapter 41.23C RCW, and the SEPA Rules, Chapter 197-11 WAC. Copies of
the SEPA documents shall be sent to the DEPARTMENT's Environmental Review Sec. tion, the
appropriate regional office, and Ecology's Waste Management Grants Section.
6of8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn,
Go
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.
FAILURE TO COMMENCE WORK
The DEPARTMENT reserves that right to terminate this grant in the event the RECIPIENT fails to
commence work on the project funded herein within' six (6) months after the effective date.
PROJECT INCOME
Any project 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 the DEPARTMENT's
Administrative Requirements for Ecology_ Grants and Loans, WDOE 91-18 (Revised October 2000).
GRANT PROJECT REPORTING
The RECIPIENT, in conjunction with submission of payment requests, or at the request of the project
officer, shall prepare Progress Reports and submit them to the DEPARTMENT as required by
paragraph J, General Terms and Conditions "Compensation". These reports shall include, but not be '
limited to, the following information:
1. Brief description of activities for each project.
2. Brief discussion of progress toward expected outcomes.
3. Notification of any successful projects worth sharing with other jurisdictions or the media, needs
for technical assistance from the DEPARTMENT, or any other comments and relevant
information
PROMOTIONAL AND EDUCATIONAL MATERIALS
A copy of all promotional and educational materials developed as part of this grant shall be submitted
to the DEPARTMENT concun'ent with public distribution. The DEPARTMENT shall have the fight
to use any printed materials developed as part of this project in any manner the DEPARTMENT
deems appropriate. The Washington State Department of Ecology will be acknowledged for
'providing funding in all published material and oral presentations that result from this grant.
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 DEPARTMENT 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 the DEPARTMENT's Project Officer
or the RECIPIENT's Project Coordinator or to extend the period of performance as set forth in the
· Grant Agreement.
7 of 8
Grant No. G0400219
Coordinated Prevention Grant
Agreement with City of Auburn
Ko
ALL WRITINGS CONTAINED HEREIN
This agreement, the appended "General Terms and Conditions", and the DEPARTMENT's
Administrative Reauiremcnts for Ecology_ Grants and Loans, WDOE 91-18 (Revised October 2000),
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.
SOLID WASTE ENFORCEMENT GRANTS -ADOPTION OF WAC 173-350
Chapter 173-350 WAC, Solid Waste Handling Standards, which became effective in March 2003,
requires each jurisdictional health department to adopt local ordinances implementing this chapter no
later than one year after the effective date. The Coordinated Prevention Grant Guidelines for 2004-
2005 emphasize compliance with this requirement in order to qualify for Solid Waste Enforcement
Grant funding. After April 10, 2004, any solid waste enforcement activities performed under this
contract will be eligible for reimbursement only if local ordinances implementing Chapter 173-350
WAC or ordinances with additional, more stringent requirements consistent with WAC 173'-350-700
have been adopted.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
CITY OF AUBURN
Cullen D. Stephenson
Program Manager
Solid Waste and Financial Assistance
Date
Authorized Official
Date
Print Name of Authorized Official
Title
8 of 8
GENERAL TERMS AND CONDiTiONS'
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
'and REClPIENIT's employees. The RECIPIENT shall not assign or subcontract performance to others
unlessspecifically authorized'in writing by the DEPARTMENT.
B. SUBGRANTEEICO NTRACTOR COMPLIANCE :
' .The:i~PiENT must enSure that ali 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 RECIPIENT pursuant'to
this agreeme~.,'~.'the.state ..of WaShington is named as .an express..third~party .benePCiary of such
subcontraCtS'..~h full.:rights as suCh. . '
D, 'CONTRACTING 'FOR SERVICES (BIDDING)
. C~n~i'acts for construction, purchase 'of equipment and prOfesSional architectural'and engineering
So.ices.shell be' awarded through a competitive process, if required by State.law, RECIPIENT'shall
retain copJes0f.alt bids received and contra~ts awarded, for inspection-and' use .by theDEPARTMENT.
:E; '. '.A~SIGNMENTS
=.. No ~i'g'h~'.:~r' ciaim of the RECIPIENT 'ariSing' under this agreement shall be transferred or assigned
by the RECIPIENT;
F. ~I~Mp'L'IANCE WiTH ALL i-AWs .
1.' The RECIPIENT shall comply fully with all applicable Federall State and lOCal laws,
orders, tegulaUons_and permits.
Prior to commencement of any. construction, the RECIPIENT shall secure the necessary
approvals and. permits.required by authorities.having jurisdiCtion over the project, provide assurance to
the DEPARTMENT thatall approvals and permits have been secured, and make copies available' to the
DEPARTMENT Uponrequest.
2. Discrimination. 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 afrwmaUve!y support, the program of the Office of Minority and women's Business .Enterpr!ses 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. Wages And Job. Safety. The RECIPIENT agrees to comply with all applicable.'laws,
regula~ns~ and policies of the United States and the State of Washington which affect wages and job
safety; :.,~ ~
.4. Industrial InsuranCe; TheRECIPIENT certifies fuji compliance with altapplicable state
industrial insumnca.requtrements, ff the RECIPIENT fails~to complywith 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 RECIPIENT is prohibited .from inducing by any means any person employed or otherwise
involved ~n 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.
14. AUDITS AND INSPECTIONS
1. 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 sha}l be kept in s 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 [.eports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shalt 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 :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/loan
termination or dispute .resOlution. hereunder.
4. RECIPIENT shall meet the provisions in OMB circular A-133 (Audits .of StateS;. Local
Governments & .Non Profit Organizations), including the compliance Supplement. to.OMB.Circular A-133,
if the RECI'PIENT expends $300,000 or more in a yearin Fed'eral funds. The $300;000.threshold for
each year is a cumulative total of all federal funding from all sources. The RECIPIENTs. must.forward a
copy. of.the audit along with the ..RECl PIENT'S response and the final' corrective action plan 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.reP0rt in writing.
to the. DEPARTMENT any problems, delays or. adverse conditions .which. will materially affect their ablllty
to meet project objectives or time schedUles. This disclosure shall be .accompanied ~b~..'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 Mamh. 31, April I 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 normally be made on a'reimbursable basis as
specified in the grant agreement and 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 task/phase ofthe 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 I~', Published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT, When payment requests
are approved by 'the DEPARTMENT, payments will be made to the mutually agreed, upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to 'the Project
OffiCer .aSsigned to administer this agreement..
2. Budget deviation. 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 Ihe Scope of
Work.
3. Period of Compensation. Payments shall only be mede for. action of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective .date and prior to the expiration
date of this agreement, unless those dates are specifically modified in writing as provided herein.
4. Final Request(s) for Payment. The RECIPIENT must submit final requests for
compensation within forty~five(45) days after the expiration date of this agreement and within f'~een (15)
days after the end of a fiscal biennium. Failure to comply may result, in delayed reimbursement~
5. Pedormance Guarantee. The DEPARTMENT' may.withhold an amount not to exceed ten
percent.(lO%) of each reimbursement payment as security for the RECIPIENT's performance and a
fir~ancial.~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 DEPARTMENi"s sole
discretion, such payment is reasonable and approved according to this agreement ap, d, es appropriate,
upon completion 'of an;audit as 'specified' 'under section J.6. herein.
6. Unauthorized Expenditures'. 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
refUndS.tO.the' DEPART'MENT.t3¥. the RECIPIENT~
: . 7. Mileage and Per Diem.' If'mile, age and per diem are. Pald.'to the 'empio. YeesiOf'ithe
RECIPIENT' or'other=pUblic enuties; It: Shall.not exceed the amOunt allowed under. St~'~ :law for State
e~lOy~s.: . . . . .
.' :':".'":-:. ?!::j~'.~:'. ' .. Overhead'costS, .N° rei'~buree .rnent~fo[ overhead~ts, shall be. al~' u~ieSs'prOvid..ed
for :in.~. $cop® of Work.hereUnder,. ':~. · ' "..'.... ' · '. :. '" . '.: -' ' . :. "'. ' ..:':." '
'K;..:'",'"::"¥i~'RMiNATiON : "~'' .... .' :' ' . - ' "' .' ".' .' ...... '. · ' '-" ...=.....'" .
' safiSfeC~ pe~ormance by the. RECIPIENT ~f all.Of its obligatlons?~r..thts 'ag!~eement. ~.tn. t~e"evant
the .R~CI PiENTUnjusttfiablY fails, in. the. oPin~on of (he DE PARTMENT~ to perf .o~.' .. anY: Obligation required
of. it bY.this .agreement, the. DEPARTMENT may refuse to pay.any further fundS-thereunder'and/or
:':.'~'.'...' '-.. ?::'..:.': : ".'. Awritten notice of terminatibn' shall be given at'leaSt':flve .wOrking'
effecti~;~':date.of'term'ination. In..that.event, all finished orunfinished.dOcuments, data'-.studles,..SUrveys,
drawings,.rnaps,' models, photogrePh.s, and reports.or other mate~!als:~pered by: the.RECI~ENT under
th!s'agr~ment,, et the. option of the. DEPARTMENT, Shall become .DePartment ~!~argl..the
REclPi~'NT Shall be 'entitled to reCeive' jUst'and equitable comPenSation'for any.'s~factory :~ :
completed on such documents and other materiais~
- Despite the abOve, 'the RECIPIENT .shall not bo':relieVed 'of any liabl!~ty to the
DEPARTMENT for damages sustained by the DEPARTMENT aim:l/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.
..... '~?'"2, insuffiCient Funds. The obligation of the DEPARTMENTt~ maice paYments is contingent
oh'.the availability of.state and federal funds thTough legislative appropriation end state allotment... VVhen
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:.I .above.
.... .When this agreement crosses the RECIPIENT's risc, al year,, the obligaiion Of the
.REClPiENTto continue or.':.,c~_ mpieta the project described herein .shell be'contingent upon appropriation
.of'fLindS:bYlh. e RECIPIENTs governing bocly;.provided,'however; that nothing contalhed herein Shall'
preclUCle.:'the DEPARTMENT from demanding .repayment of ALL funds paid tothe'RECIPiENT in
accordance with Sectk)n O herein. ·
3.. 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 ag'reernent, .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 RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materielS 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 are develOped by the RECIPIENT as provided in 35 U.S~C.
.-200~212. ' ......
PUblicatiOns. When .the RECIPIENT or persorm'..empioYed by.the RECIPIENT' USe or
publish information. .. 'of the DEPARTMENT; present papers, lectures, or seminars involving information
~)~P~l~ui~. bY'the::.D. EpART.MENT;. use: Iogos, reports, maps. or.=0,.t...her data,, in, printed rePorts, signs,
oC ures, pamphlets, .em., appropriate credit shall be given tiS"the. DEPARTMENT; '
3. -.:.Tangible Property Rights. T.he DEPARTMENT's curTent edition of.-"AdminiStrative
· Requirements for Ecology Grants 'and LOans, Par~ V, shall control the use and. disP°Sition~of all .real and
personal, pro'peYtypurchased"whollY'or in part with'fUnds furnished by the' DEPARTMENT in the absence
of'state, federal 'statUte(~);' regulation(s), or policy(s) to the contrary or upon 'speclllc iinatrUctionS with
resPect:thei~eto'.-in the.. Scope of Work.
: .'.. 4~. ::':"'PerSonal Property Furnished by the. DEPARTMENT..When the,DEPARTMENT.Provides
.,personp!. proPerty.directly to the. RECIPIENT for use In performance of the Project', 'it =~hall.be reti~rned to
the 'DEPARTMENT.Prior to final payment by the DEPARTMENT; If said pf~3pertY'is .lost, stolen or' .
dama~ed':whlle'in th~ RECIPIENT'S .P°sse~sion, the .DEPARTMENT shall' be reimbursed in'cash:or by
.setoff by the REcI PI ENT for'the fair market value Of: Such property.'_
5.'"'" :": ~bis~tion 'ProjeCts. 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 .e¥idence 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 attomey'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 COnlract 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
pr'~r written apprOval .of the DEPARTMENT. Such approval may be.'conditioned'.upen, 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 pest consumer and recycled'content that is available.. At a'minlmum,
paper With 10 percent post consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall.be publlsher~ 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.PAYMENTS TO RECIPIENT
The right of Ihs 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, to perform 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 grant/loan funds disbursed to the RECIPi ENT 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
DEPAR'I;MENT 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 be..pe~ormed under, this agreement by the
RECIPIENT. aha'l! 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 the' Proje .ct
Off'~:er or other .designated official as to the extent and character of the work to be done Shall govern.'
The RECIPIENT shall haVe the right to appeal decisions as provided for below,
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute COncerning e. question of fact arising
under this agreement which .is not disposed of in writing shall'be, dec~ded by .the..Iprpj~ .e~,t~ officer, or other
designated official'who shall provide a written statemeht of decisiOn to the RECIPIENT. The decision of
the 'Project ofrmer or other, designate¢ official shall.'be' final and concl,usive .unless, within .thirty days frOm
the date'of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the. Director of the
DEPARTMEN'T.a written aPpeal.
In connectio, n with appeal of any proceeding under this clause,.the RECIPIENT Sh~il 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 appea ,IS 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 final decision of dispute hereunder, the RECIPIENT
shall proceed diligently with the performance of this agreement and in accordance with the decision
rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either, party to this.agreement who exercises any
function or responsibi#ty:in the review, approval, or carrying out of this agreement, shall participate in any
decision which effects his/he~, 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 a~reement or the 'proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shell in no way be held responsible for payment of salaries,
cohsultant'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 taws of the State of Washington 'permit, each party
shall indemnify and hold the other harmless fi, orn and against any liability for any or all injuries'tO parsons
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. GOVERNING LAW
This agreement shall be governed by the laws 'of the State 'of .Washington.
U. SEVERABILITY
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 agreemer~t are declared to
be severable.
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; (d) Any terms
incorporated herein by reference including the "Administrative Requirements' for Ecology Grants and
Loans"; end (e) the General Terms and conditions.
SS-0'10 Rev. 05~02