HomeMy WebLinkAbout12-19-2005 ITEM VIII-B-5CITY OF -
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3957
December 6, 2005
Department:
Attachments:
Budget Impact:
Finance
Resolution No.
3957 and Exhibit "A"
Administrative Recommendation:
City Council adopt Resolution No. 3957.
Background Summary:
Resolution No. 3957 authorizes the Mayor and City
Clerk to execute an interlocal agreement with the
State of Washington Department of Ecology for implementation of the 2006 — 2007 Coordinated
Prevention Grant Program in the amount of $28,037.00. 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.
N1219-2
F5.2.7
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ® Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works❑
111Police
❑ Planning Comm. F-1Other❑
PublicLegalWorks ❑ Human Resources
❑ Information Services
Action:
Committee Approval: []Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing
Referred to Until
—/—/—
Tabled Until
Councilmember: Cerino
Staff: Coleman
Meeting Date: December 19, 2005
Item Number: VII1.B.5
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION 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 DAY OF
CITY OF AUBURN
ETER B. LEWIS
MAYOR
Resolution No. 3957
December S. 2005
Page 2 of 3
, 2005.
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorney
Resolution No. 3957
December 6, 2005
Page 3 of 3
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
�1
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:
MAILING ADDRESS:
CITY, STATE, ZIP:
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
FUNDING SOURCE
City of Auburn
25 W Main
Auburn, WA 98001-4916 .
Kathleen Edman
253-931-3047
253-931-3053
kedman@aubumwa.gov
Kathleen Edman
253-931-3047
253-931-3053
kedman@auburnwa.gov
Anna Lewis
425-649-7056
425-649-7098
alew461@ecy.wa.gov
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 category, 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 Description:
Last grant cycle, the RECIPIENT 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:
Activity + 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 graphic designer
Feb — April 2006
businesses into sectors (by SIC codes)
May 2006
-Separate
+ Design media campaign to reach three business sector types (not recycling)
June 2006
Design and develop — Recycling and Waste Reduction information
Jul - Sept 2006
Promote and deliver — Recycling and Waste Reduction information
Oct — Dec 2006
Evaluate - Write Summary of Project
Dec 2006
Select three more business sector types (not recycling)
Jan 2007
+ Promote and deliver — Recycling and Waste Reduction information
Feb — Apr 2007
Follow-up on first three business sectors not signed up
May — June 2007
-Begin
Follow-up on second three business sectors riot signed up
Jul — Aug2007
-Begin
Evaluate data from promotion and follow-up
Sept 2007
Create new media piece encouraging ro am participation
Oct 2007
Promote media piece
Nov 2007
Continue promotion and assistance to businesses
Dec 2007
Evaluate - Write Summary of Project
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 Ecology 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;
FUND
CPG BASE (174/1309)
1. Commercial Waste Reduction and Recycling
$ 37,383.00
TOTAL MAXIMUM ELIGIBLE COST
$ 37,383.00
FUND SOURCE: CPG BASE (174/H09)
Maximum Eligible Cost:
$ 37,383.00
FUND
GRANT PERCENT (%a)
STATE GRANT SHARE
Local Toxics Control Account (LTCA)
75%
$ 28,037.00
MATCH REQUIREMENT
MATCH PERCENT {%aj
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 BILLING/INVOICE COORDINATOR: Kathleen Edman
TELEPHONE: 253-931-3047
FAX: 253-931-3053
E-MAIL: kedman@aubumwa.gov
3. Grant payments should be made payable to: City of Auburn
4. Grant payments should be mailed to this address:
JURISDICTION:
ATTN. TO:
MAILING ADDRESS:
CITY, STATE, ZIP:
City of Auburn
Finance Department
25 W. Main Street
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 RECIPIENT 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. FAILURE 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
G.
H.
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 Requirements for Recipients
of Ecology Grants and Loans.
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).
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.
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 I 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
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 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 qualified 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 CITY OF AUBURN
DEPARTMENT OF ECOLOGY
Cullen D. Stephenson Date Authorized Official Date
Program Manager
Solid Waste and Financial Assistance
Print Name of Authorized Official
APPROVED AS TO FORM ONLY
Assistant Attorney General
Title
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GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology -
A. RECIPIENT PERFORMANCE
All activities for which grantiloan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others
unless specifically authorized in writing by the DEPARTMENT.
B. SUBGRANTEE(CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all 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 agreement, the state of Washington is named as an express third -parry 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. RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspection and use by the. DEPARTMENT.
E. ASSIGNMENTS
No Fight or claim of the RECIPIENT arising under this agreement shall be transferred or assigned
by the RECIPIENT.
F. COMPLIANCE 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 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 RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees
to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the
maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grantfloan
funds available to women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and job
safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT
shall have the 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 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 RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or
object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
M
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by
any duly authorized audit representative of the State of Washington for a period of at least three years
after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits
identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make
adjustments accordingly.
3. All work performed under this agreement and any equipment 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 granYloan
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-1
if the RECIPIENT expends $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 sources. The RECIPIENT must forward a
copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the
DEPARTMENT within ninety (90) days of the date of the audit report_
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request
or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing.
to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability
to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the
action taken or proposed and any assistance needed from 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, 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 normally be made on a reimbursable basis as
specked 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 of the project, or
portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as
satisfactory by the Project Offices
The payment request form and supportive documents must itemize all allowable costs by
major elements as described in the Scope of Work. Instructions for submitting the payment requests are
found in *Administrative Requirements for Ecology Grants and Loans•, part IV, published by the
DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests
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 RECIPIENTS request for
reimbursement exceeds the State maximum share amount for that element, as described in the Scope of
Work.
3. Period of Compensation. Payments shall only be made 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 fifteen (15)
days after 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 payment as security for the RECIPIENT's performance and a
financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole
discretion, such payment is reasonable and approved according to this agreement and, as appropriate,
upon completion of an audit as specified under section J.6. herein.
6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grantiloan 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
employees.
8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided
for in the Scope of Work hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT Is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the evert
the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required
of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or
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 RECIPIENT under
this agreement, at the option of the DEPARTMENT, 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 RECIPIENT shall not be'relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of
any breach of agreement by the RECIPIENT. The DEPARTMENT may wilhhold.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 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 K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation
of funds by the RECIPIENT's governing body: Provided, however, that nothing contained herein shall
preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in
accordance with Section O herein.
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 agreement, or by any date
mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to
terminate this agreement.
L WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as
a modification of the terms of this agreement unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty -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.
200.217. -
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures; or seminars involving Information
supplied by the DEPARTMENT; use 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 DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, 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 Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to
the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or
damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in bash or by
setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition 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 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, Torrents certificates, or abstracts, and attorney's opinions establishing that.
the land is free from any impediment, lien, or claim which would impair the uses contemplated by this ,
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed
pursuant to this agreement to uses other than those for which assistance was originally approved without
prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the
DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance
which monies granted pursuant to this agreement beer the total acquisition, purchase or construction
costs of such property.
N. RECYCLEDIRECYCLABLE PAPER
All documents and materials published under this agreement shall be produced on recycled
paper containing the highest level of post consumer and recycled content that is available. At a minimum,
paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever
possible, all materials shall be published on paper that is unbleached or has not been treated with
chlorine gas and/or hypochlorite.
As appropriate, all materials shall be published on both sides of the paper and shall minimize the
use of glossy or colored paper and other items which reduce the recyciability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the project
described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations
required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required
to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the
project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (12%) per annum from the time the .
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated
to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT; may become the DEPARTMENTS 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 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 RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fad arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer or other
designated official who shall provide a written statement of decision to the RECIPIENT. The decision of
the Project Officer or other designated official shall be final and conclusive unless, Within thirty days from
the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the
DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the,
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending 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 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.
assodation in which he/she is, directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. 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, each party
shall indemnify and told the other harmless from and against any liability for any or all injuries to persons
or property arising from the negligent ad 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 agreement are declared to
be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and
State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms
incorporated herein by reference including the "Administrative Requirements for Ecology Grants and
Loans% and (e) the General Terms and Conditions.
SS -010 Rev. 05102
PROCUREMENT CERTIFICATION FORM
Recipient: City of Auburn
Grant Name: 2006-2007 Coordinated Prevention Grant
Grant No.: 60600160
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 (adopting
authority) and are recorded in
(document name).
IL 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
TITL
W,e O.S
LEGAL COU SIGNATURE— DATE
_ r
TITLE