HomeMy WebLinkAboutITEM VIII-B-2
WA F BUI~1V AGENDA BILL APPROVAL FORM
;0;~o WASHINGTON
Agenda Subject: Coordinated Prevention Grant Agreement Date: January 19, 2010
Department: Finance Attachments: Resolution No. 4564 Budget Impact: 0
Washington State Department of
Ecology Grant Agreement for
Si nature
Administretive Recommendation:
City Council adopt Resolution No. 4564.
Background Summary:
The Washington State Department of Ecology (Ecology) requests to enter into an interlocal agreement
with the City of Auburn for the 2010-2011 Coordinated Prevention Grant Program. The agreement is a
"Multi-Phased" agreement, so it includes the full scope of work and a budget for Phase One. Ecology has
appropriated $34,520 for the City to promote waste reduction and recycling to residents and businesses
in Phase One. After the 2011-2013 biennial allocation is secured, Ecology will initiate a formal
amendment to provide funding for Phase Two.
The City of Auburn Solid Waste Division will use the grant funds for the following programs:
1. Multifamilv Education and Outreach: Staff will design and implement a new Multifamily Recycling and
Waste Prevention campaign directed at property owners and tenants of multifamily housing.
2. School Education and Outreach: Staff will design and implement a new School Recycling and Waste
Prevention campaign directed at Auburn School District elementary students. Puget Sound Energy's
"Powertul Choices" program will be a component of the outreach campaign to schools.
3. Communitv Facilitv and Parks Recvclinq: The City will continue to provide recycling opportunities for
the public at all City-sponsored events and City parks. Staff will use grant funds to purchase additional
supplies for the program.
N0216-1
F5.2.7
Reviewed by Council 8 Committees: Reviewed by Departments 8 Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport [D Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner E) Municipal Serv. 0 Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
~ Park Board ❑Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
CommitteeApproval: ElYes ❑No , Council Approval: 0Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Peloza Staff: Coleman
Meetin Date: Februa 16, 2010 Item Number: VIII.B.2
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 4 5 6 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE
ACCEPTANCE AND APPROPRIATION OF GRANT FUNDS
IN THE AMOUNT OF THIRTY FOUR THOUSAND AND
FIVE HUNDRED TWENTY DOLLARS ($34,520), AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
THE DEPARTMENT OF ECOLOGY AND THE CITY OF
AUBURN TO ACCEPT SAID FUNDS FOR
IMPLEMENTATION OF THE 2010-2011 COORDINATED
PREVENTION GRANT PROGRAM
WHEREAS, King County and the City of Auburn have adopted the King
County Solid Waste Management Plan, which includes recycling and waste
reduction goals; and
WHEREAS, in order to help meet these goals, the Department of
Ecology with King County Solid Waste Division has established a multi-phased
waste reduction and recycling grant program for the suburban cities; and
WHEREAS, this program provides funding to further the development of
local waste reduction and recycling for Auburn businesses and residents; and
WHEREAS, the Auburn City Council of the City of Auburn must adopt
and approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW.
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 THIRTY FOUR
THOUSAND AND FIVE HUNDRED TWENTY DOLLARS ($34,520) which
Resolution No. 4564
January 19, 2010
Page 1
constitutes reimbursement of funds for implementing Phase One of the 2010-
2011 Coordinated Prevention Grant Program.
Section 2. The Mayor and City Clerk of the City of Auburn are
authorized to execute an Interlocal Agreement with the Department of Ecology
for the reimbursement of said funds. A copy of said Agreement 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 directions of the
legislation.
Section 4. This Resolution shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
DATED and SIGNED this day of , 2010
PETER B. LEWIS, MAYOR
ATTEST:
Danielle Daskam, City Clerk
~
APP ED FORM:
Daniel B. Hei , ity A orney ~
Resolution No. 4564
January 19, 2010
Page 2
nrrnarhicNr or
ECOLOGY
CPG - Z FORM
sta«• c,f~va,n i,, «n
APPLICATION FOR COORDINATED PREVENTION GRANT : SPENDING PLAN
Note: The applicant must submit a separate Z Form for each task (project). One Sheet per Excel File.
Shaded areas are for Ecology use only
Applicant Name: City of Auburn Agreement G 1000380 Regian: F NWRO r~
Task (Project): Community Facility and Parks Recycling Cycle: Regular Ir:, County: King I1-
Category: WRR I~
ExpentlitureType Ql ~ y° Q2`. T~ Q3' Q4 -;;QS , Q6 ° Q7 . Qg,: Q9~` nieu1`"""` 79tal Cost by Expenditure '
. . -
- _ , . . . , . . . , . .
2.Salaries/Benefits ~
3. Overhead ~
4. Trevel ~
5. Contract Services ~
6. Purchases 4,970 1,376 4,970 1,376 SpendingPlan -$4,970 $0 . .$1,376 $0 $4,970 $0 .$1,376 - $0 Maximum State•Funds/ .
For Ecology Use Only $12,692 $9,519
- . _ - , MECPer StateSharePer
Ql' : _Q2 . . Q3 . Q4 ' ~QS {46 - . C7~. .-Q8~, Q9 „ A reement n ceement
Reimbursement Plan ~ $6,346
° Purc ase TYPe ' , 'Item DescnpUon , _ ~ - Item 1 enti icaUOn t • ,`Inten e Use:: . ost
7. Itemized Purchases (purchases of at least $SK/unit value)
Equipment(EXAMPLE) ATAIT-53-4 Refuse Trailer " VIN:5RESZ048095092006 Collecirecydables $93,732
To ask about ihe availability of this document in a version for the visually impaired call the Solid Waste and Financial Assis[ance Progrom at 360-407-6900. Persons with hearing
GO Notes: Same #'s, new form. Updated 1/11 with agreement q. geyond Waste: no 1-- Date Stamp Box
Submits PR: quarter J:F-
Below Aliocation?
ECY 070-111(8/09) Updated: 1/11/10 GO Signature
~EP.IRTW C.M OF
~al~c±_-_-~-•-•-'E ECOLOGY
~ s~a«• ~r ~~a.t~~~~;~o~ CPG - 2 FORM
APPLICATION FOR COORDINATED PREVENTION GRANT : SPENDING PLAN
Note: The applicant must submit a separate Z Form for each task (project). One Sheet per Excel File.
Shaded areas are for Ecology use only
WRO
Applicant Name: City of Aubum Agreement G 1000380 Region: N
F
Task (Project): School Education and Outreach Cycle: Regular Ir. County: King Ir
Category: WRR
y _ , r . - - - -
>
Expendrture Type ~ Ql Q2 , 93 Q4 QS Q6 Q7, Qg Q9 7otal Cosbby Expenditure
2. Salaries/Benefits
3. Overhead
4. Travel
5. Contrect Services 3,620 3,620 2,130 3,620 3,620 1,380 1,380
6. Purchases 1,605 1,600 - ',-Spending Plan. $5,225 $3,620 $0 $3,730 - $3,620 $3,620 $1,380 $1,380 . . `Maximum State Funds/^~
For Ecology Use Only ' . ' $22,575 $16.931
- : . , _ .
. . . . , , . ' 'MECPer StateSKarePer:
- (Zl 'QZ .•,.Q3 ' =.Q4 ~.Q5.,-.._Q6 ; Q7,. ''Q8 :~:'.09. ' reement.--Areement• .
. • . _ .
Reimburserrieot Plan. $12,575 . $ - .
Purc ase ype Item;Descnpbon` Item,l enti icaUOn # . - = Inten e Use ~ Cost : ;
7. Itemized Purchases (purchases of at least $SK/unit value)
Equipment (EXAMPLE) ATALT-53-4 Re(use Trailer VIN: SRESZ048095092006 Collect recyclables $93,732
To ask aboui the availability of this document in a version for [he visually impaired call the Solid Waste and Financial Assis[ance Program at 360-407-6900. Persons with hearing
GO Notes: Same #'s, new form. Updated 1/11 with agreement geyond Waste: no IE Date Stamp Box
Submits PR: quarter Ir
Below Allocation? E-7-7-E-1
ECY 070-111(8/09) Updated: 1/11/10 GO Signature
PROCUREMENT CERTIFICATION FORM
Recipient: City of Auburn
Grant Name: COORDINATED PREVENTION GRANT
Grant No.: G1000380
The undersigned, on behalf of the RECIPIENT, certifies that the RECIPIENT:
(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 authorify) and are recorded
in (document name).
_ having no applicable, adopted procurement procedures, will follow the
Standards for Competitive Solicitation found in the Administrative
Requirements for Ecoloqv Grants and Loans, WDOE 91-18 (Revised
October 2000) (AKA 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
LEGAL COUNSEL SIGNATURE DATE
TITLE
Grant No. G1000380 FINAL
City of Auburn
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASH[NGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
Coordinated Prevention Grant Agreement - Grant No.: G1000380.
This is a binding agreement entered into by and between the state of Washington Department of
Ecology, hereinafrer referred to as ECOLOGY or DEPARTMENT, and the CITY OF AUBURN,
hereinafrer referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION: City ofAubum
MAILING ADDRESS: 25 West Main Street
CITY, STATE, ZIP: Auburn WA 980014998
RECIPIENT GRANT COORDINATOR: Joan Clark
TELEPHON E: 253-931-5 ] 03
FAX: 253-333-8890
E-M A I L: jeclark@aubumwa.gov
RECIPIENT BILLING/INVOICE COORDINATOR: Linda Owens
TELEPHONE: 253-931-3003
FAX: 253-876-1900
E-MAIL: LRains@auburnwa.gov
ECOLOGY GRANT OFFICER: Diana Wadley
TELE PHONE: 425-649-7056
FAX: 425-649-7259
E-MAIL: Diana.wadley@ecy.wa.gov
FUNDING SOURCE State Building Construction Account
MAXIMUM ELIGIBLE COST $46,027
STATE GRANT SHARE $34,520
LOCAL SHARE $11,507
STATE MAXIMUM GRANT PERCENT 75 %
FEDERAL TAX IDENTIFICATION NO. 91-6001228
EFFECT[VE DATE OF THE AGREEMENT January l, 2010
EXPIRAT[ON DATE OF THE AGREEMENT December 3l, 201 I
I
Gran[ No. G1000380 FINAL
Ciry of Aubum
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT'S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as ouUined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in ~
writing.
Note: The term "task" as used in this agreement is interchangeable with the term "projecY" as used
on the online Solid Waste Information Clearinghouse.
This agreement is a"Multi-Phased" agreement. Multi-phased means it will be written with a task's
full scope of work and a partial budget. Phase One of this agreement includes work performed with
the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes
the remainder of work to be performed and funds are contingent upon the budget appropriation by
the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete
Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at
the sole expense of the RECIPIENT.
The "Maximum Eligible CosY" is the maximum amount of eligible costs incurred by a RECIPIENT
that can be reimbursed at a rate of 75% under this grant. *The "Estimated (rotal) Task CosY" is for
Ecology information only. It reflects the true cost of completing the full task, including expenses
beyond the Maximum Eligible Cost.
CATEGORY: WASTE REDUCT[ON AND RECYCLING
MAXIMUM ELIGIBLE CATEGORY COST : $ 46,027
1. TASK TITLE: Multifamily Education and Outreach
Maximum Eligible Task Cost: $27,106
Summary DescriPtion: The RECtPIENT, in conjunction with a consultant, will design and
implement a new Multifamily Recycling and Waste Prevention campaign directed at property owners
and tenants of multifamily housing. The campaign will focus on increasing recycling program
participation, awareness of waste prevention and recycling methods, and increasing waste diversion
[onnage.
2
Grant No. G 1000380 FMAL
City of Aubum
Was[e reduction and recycling education and outreach will be offered through multiple methods
which may include, but are not limited to: direct mail pieces, site visits, phone calls, newspaper
media, informational hand-outs, promotional items, [nternet communication, and local public events.
Ecology will be acknowledged in any published materials for providing funding for this project;
copies of published or produced material shall be submitted to the DepaRment of Ecology and posted
on the Information Clearinghouse when possible.
Goal Statement: The goal of this project is to increase recycling participation and awareness of
effective waste reduction and recycling methods among City of Auburn multifamily properties.
Outcome Statement: At the conclusion of the grant cycle:
0 42 (12%) more City ofAuburn multifamily properties will be participating in the recycling
program (322 of 350 total properties in Auburn).
o The recycling rate will increase from 9.5% to 18%.
• Estimated Outcomes: 1,021 tons recycled
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins wi[h the
first three months of the grant period.
Quar[er Activity
Phase One
Ql Update Multifamily database. Write RFP and hire consultant.
Q2 Design media campaign
Q3 Develop messaging and begin promoting/delivering the program
Q4 Evaluate/write summary of Phase I.
Phase Two
QS Follow-up on existing units and promote program to new units.
Q6 Ongoing
Q7 Evaluate
Q8 Write summary
Method of Evaluation: The RECIPIENT will document the number of contacts, participants,
phone calls from interested parties, and media pieces, as well as the tonnage of recycling, garbage,
and diversion.
* Estimated (total) Task Cost: $ 60,210
3
Gran[ No. G1000380 FINAL
City of Aubum
2. TASK TITLE: School Education and Outreach
Maximum Eligible Task Cost: $12,575
Summary Description: The RECIPIENT, in conjunction with a consultant, will design and
implement a new School Recycling and Waste Prevention campaign directed at the Auburn School
Dis[rict (ASD) elementary students. The campaign will focus on proper recycling me[hods, awareness
of waste prevention methods, increasing food scrap recycling participation, and increasing waste
diversion tonnage. Puget Sound Energy's "Powerful Choices" program that presen[s 4-day
environmental presentations on: Land, Air, Water and Energy to all middle school 81h grade science
students will be a component.
Waste reduction and recycling education and outreach will be offered through multiple methods
which may include, but are not limited to: classroom presentations, on-site visits and training,
informational hand-outs, and promotional items.
Goal Statement: The goal of this project is to increase recycling participation and awareness of
effective waste reduction and recycling methods among City of Auburn elementary students and 8`"
grade middle school students.
Outcome Statement Over the two year grant period, the RECIPIENT will provide: 20
elementary classroom presentations, 27 Powerful Choices presentations. ASD elementary will
increase food scrap recycling participation from 9% to 45% (from 1 school to 5 schools -out of 1 1
schools), and the recycling rate will increase from 33% to 42%.
Elementary Schools: 168 tons recycled.
Reach: 11 Auburn School District elementary schools (approximately 7,500 students)
4 middle school 81h grade science classes (approximately 980 students)
Work Plan and Activities Timeline:
Phase One
Ql Update school database, hire consul[ant, design media campaign for
elementary schooL (Powerful Choices: Sign Puget Sound Energy Memorandum of
Understanding. Then PSE to give presentations Mar-Dec. Request teacher evaluations of
same.)
Q2 Promote and deliver info/presentations to elementary schools. Evaluate,
wri[e summary
Q3 Update school database
Q4 Promote and deliver info/presentations
4
Grant No. G 1000380 FINAL
City of Auburn
Phase Two
QS Promote and deliver info/presentations to elementary schools. (Powerful
Choices: Sign Puget Sound Energy Memorandum of Understanding. Then
PSE to give presentations Mar-Dec. Request teacher evaluations of same.)
Q6 Promote and deliver info/presentations
Q7 Promote and deliver info/presentations, update student count da[abase.
Q8 Evaluate/write summary.
Method of Evaluation: The RECIPIENT will track the number of students contacted, calls from
interested parties, new participants in the Food Scrap Recycling Program, and media distributed, as
well as track tonnage of recycling, garbage, and diversion.
* Estimated (to[al) Task Cost: $ 22,575
3. TASK TITLE: Community Facility and Parks Recycling
Maximum Eligible Task Cost: $6,346
Summary Description: The RECIPIENT will continue [o provide recycling opportuni[ies for [he
public at all City sponsored events and City parks, and Event Recycling education through the Ciry
Temporary Permit Process. This gran[ will focus on: Increasing and/or replacing the recycling
containers, bags and supplies available for the program, adding proper recycling labels on containers,
promoting awareness of the Washington State Event Recycling Law to event organizers and the
public, increasing recycling participation in parks, and increasing waste diversion tonnage at parks.
Recycling education and outreach will be offered through multiple methods which may indude, but
are not limited to: informational hand-outs, promotional items, newspaper ads and website
announcements. The target audience is City residents. The RGCIPIENT expects to purchase 15
ClearStream Recycling units and one ClearStream Transport carrier for recycling at City Events, as
well as 10 recycling containers, 34 recycle lids, and labels.
Ecology will be acknowledged in any published materials for providing funding for this project;
copies of published or produced material shall be submitted to the Department of Ecology and posted
on the Information Clearinghouse when possible.
Goal Statement: The goal of this project is to increase recycling participation and awareness of
effective waste reduction and recycling methods among City of Auburn residents at City Events and
City Parks.
5
Grant No. G1000380 FINAL
City of Aubum
Outcome Statement: Parks recycling rate will increase approximately 6%, from 38 tons (29%) to
46 tons (35%).
Work Plan and Activities with Quarterly Timeline:
Quarter Activity
Phase One
Q1 Update container inventory database, order supplies, design media
campaign.
Q2 Develop and de(iver information
Q3 ongoing
Q4 ongoing
Phase Two
QS ongoing
Q6 ongoing
Q7 ongoing
Q8 Evaluate and write summary
Method of Evaluation: The RECIPIENT will track the number of bins purchased, calls from
interested parties, and media distributed, as well as the tonnage of recycling vs. garbage collected to
calculate the recycling rate.
* Estimated (total) Task Cost: $ 12,692
PAI2T 2: FUND SOURCE AND BUDGET
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (Part 2: Section B) wiChout a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a written request to
ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-
113).
6
Grant No. G 1000380 FINAL
City of Aubum A. FUND SOURCE (057)
PHASE ONE
Maximum Eligible Cost: $46,027
sFe'S.'~ti`+a~~~. Fund ~F~und Share) ti~ . State Share ,
State Building Construction
Account (SBCA) $34.520
, Match Requicement ~,a„~ Match Share (>25~/oj _ Match A~mount~~ y
Cash Match 25% $11.507
Interlocal Costs 0% $0
PHASE TWO
Maximum Eligible Cost: $49,450
~o
Fund Fund,Share,(x75,/o) ~State Share
State Building Construction
Account (SBCA) $37.088
~~>~•c1r,y ifi` '4~e,3"~"~ . x~s~'',ik'~•C~s-~i'Pt~t. ~ ~rrt~,
Match Reqqir,"ement3 tch Share,(25°/"~)y;,~, ~`~Match.Amount.' Cash Match 25% $12.362
Interlocal Costs 0% $0
B. BUDGET
TASK Maximum Elieible Cost ' Ivtaximum Elieible Cost
Phase 1(Quarters 1-4 of . Phase 2(Ouarters 5-8 of
the SpendinQ Plan) , the Spending Plan)
Category: WASTE $ 46",027 $ 49;450
REDUCTION/RECYCLING ' 1. Task Title: Multifamily Education $ 27,106 $ 33,104
and Outreach
7
Grant No. G 1000380 FINAL
City of Aubum
2.Task Title: School Education and 12,575 0,000
Outreach
3.Task Title: Communiry Facility and 6 346 6 346
Parks Recycling
TOTAL MAXIMUM ELIGIBLE 46 027 , 49 450
COST _
PART 3: BUDGET CONDITIONS
A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash
or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as
match.
B. Any work performed or costs incurred prior to the effective date or after the expiration
date of this agreement will be at the sole expense of the RECIPIENT.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent
on tasks ouUined in this agreement. Salaries and benefits to administer the grant agreement are
eligible (excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of
work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment.
"Che RECIPIENT must complete and submit a formal amendment using the Formal Amendment
Request form (ECY 070-113).
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to City of Auburn-Finance
Department and mailed to the attention of that department to the address on page one of this
agreement.
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda
of understanding or other written agreements confirming the contribution shall be negotiated.
These agreements shall specify the exact work to be accomplished and be signed by all parties
contributing to the local match of this task. Copies of these agreements shall be made part of the
RECIPIENT'S grant file and submitted to ECOLOGY.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY'S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
the approved spending plan, ECOLOGY reserves the right to hold payment of the overage
8
Grant No. G1000380 FINAL
City of Aubum
depending on the availability of Funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING AND REPORTING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY at least quarterly (by calendar year), but no more ofren than
once per month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often
than quarterly. These reports shall include activities that support incurred costs shown on the
Cl or C2 of the payment request, and must be submitted on-line through the Solid Waste
InFormation Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the
grant period. An updated Spending Plan must be submitted when changes occur that impact
quarterly spending and / or quarterly reimbursement amounts.
4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:
A19-lA (ECY 060-02), Form B1 (ECY 060-3) or Form B2 (ECY 060-7), Form C1 (ECY
060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The
RECIPIENT must also include all backup documentation to support items listed on Form
Cl/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by
task on Form C1/C2 and summarize costs by task on Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement
grant (special tasks do not include regular solid waste enforcement work such as enforcing
solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report
on-line through the Solid Waste Information Clearinghouse. The final report must be
, submitted before ECOLOGY can process a final payment request. The final payment request
and the FPA are due no later than February 14, 2012 far this grant or 45 days after the grant
budget is spent, whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste
enforcement progress report on-line through the Solid Waste Information Clearinghouse no
later than February 14, 2012. Ecology will generate a summary Final Solid Waste
Gnforcement report from all the quarterly reports that wili serve as the final report needed to
close out the agreement.
7. Progress Report (for both planning and implementation and solid wuste enforcement tasks)
and Pinal Performance Analysis (FPA) can be found on the Grant Details page of the Solid
Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User.
For instructions on how to become a Registered User, please visit the Coordinated Prevention
Grant website at http://www.ecv.wagov/pro~,,rams/swfa/(,~rants/cpa.html.
9
Grant No. G 1000380 FINAL
City of Aubum
B. DOCUMENTATION
1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation
shall be provided in the order in which it is itemized on Form C1/C2. Supporting
documentation is any document deemed relevant by ECOLOGY to establish the
appropriateness of an expense listed on Form C 1/C2. Please see Chapter 6 of the Program
Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the
Administrative Reguirements for Recipients of Ecology Grants and Loans - Yellow Book,
Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and suppor[ing documents in a
common file. This includes cancelled checks, invoices, purchase receipts, payroll records,
time and attendance records, contract award documents, and invoice vouchers sent to
ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at
least three years after agreement expiration.
3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by ECOLOGY, to record staff hours being charged to the
grant.
4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be dear and legible, and organized by task in the order it was
itemized on Form C1/C2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT's local solid and hazardous waste
management plans.
For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes and toxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. SOL[D WASTE ENFORCEMENT
Solid Waste EnForcement money can only be spent on tasks that focus on enforcement of rules
and regulations, and shall be used exclusively for expenses necessary to enforce applicable
regulations pursuant to Chapters 70.95.220 RCW, WAC 173-350, 351 and 304.
10
Grant No. G 1000380 FINAL
City of Aubum
For tasks related to inspection and permitting of solid waste facilities, those facilities must be in
compliance at the time a payment request is submitted. Compliance is defined at a minimum as
the RECIPIENT shall have issued a compliance schedule or have taken enforcement action to
obtain compliance.
The RECIPIENT must also submit copies of permits to Ecology within seven days of their
issuance. Once a permit is issued, Ecology has 30 days to review each permit. Complete permit
applications must be submitted to Ecology, allowing 45 days for Ecology to review and
recommend for or against the issuance of a permit. The RECIPIENT must submit copies of
reports for inspections conducted in the billing period with each payment request.
3. ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State's Office of Financial Management is developing an on-line contracts and
grants management system. When the system becomes available, all new or active contracts and
grant agreements must be managed in this system. The RECIPIENT agrees to register in the
state vendor registration program and to use the on-line system.
4. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
5. MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated afrer
the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated afrer the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) 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.
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Grant No. G1000380 FINAL
City of Auburn
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the
time of submitting each invoice. Please include the following information on ECOLOGY
provided form (Form D).
g) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
h) The total dollar amount paid to qualified firms under this invoice.
6. PROCUREMENT AND CONTRACTS
a) The RECIPIF,NT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
with no formal procurement procedures must ceRify that they have complied with the
"Standards for Competitive Solicitation,° found in Part V of the Administrative
Requirements for Recipients of Ecology Grants and Loans - Yellow Book, Ecology
Publication 991-18 (Revised September 2005).
b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications
(RFQs), requests for proposals (RFPs), and bid documents relating to this grant
agreement to ECOLOGY'S grant officer.
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy
of the draft proposed contract to the ECOLOGY' S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to
purchase any equipment or real property (Property) with a single unit purchase price of
$5,000 or more. The request shall include the justification for the purchase of the
property, the total cost, the intended use, and the anticipated useful life of the property.
The request must be approved in writing by the DEPARTMENT prior to the purchase.
7. USE OF EXISTING CONTRACTS
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. The RECIPIENT shall submit a copy of the contract to its assigned
ECOLOGY grant officer. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement
must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
8. PROPERTY AND EOUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing use, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the
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Grant No. G 1000380 FINAL
City of Aubum ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT
will follow manufacturer recommended maintenance procedures to keep the property in good
operating condition.
The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change
the use of the equipment as outlined in this grant agreement, including uses past the
expiration date of this agreement. Disposition of the equipment shall be determined by the
ECOLOGY and documented in writing. A copy of the determination will be provided to the
RECIPIENT upon expiration of the grant agreement.
• The ECOLOGY may authorize the RECIPIENT to:
o If the equipment is necessary for the continued operation of the project or
other projects administered through ECOLOGY, the grant officer may instruct
the recipient to retain the equipment with no further compensation to Ecology.
o If the project has no further significant use for the equipment, the grant officer
may instruct the recipient to retain or sell the equipment and pay Ecology an
amount equal to ECOLOGY's share of the current fair market value, sale
proceeds or other price agreed upon by the grant officer.
o The grant officer may instruct the recipient to transfer title to Ecology or to a
third paRy named by Ecology who is eligible under existing statutes.
9. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be
repoRed as a credit against the expenses of that activity, as required by ECOLOGY'S
Administrative Reguirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005).
10. ALL WRITINGS CONTAINED HEREIN
This agreement, including the "General Terms and Conditions," the latest approved Spending
Plan, Program Guidelines - Coordinated Prevention Grants 2010-2011, and ECOLOGY' S
Administrative Reguirements for Ecology Grants and Loans, Ecology Publication 491-18
(Revised September 2005), 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. 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.
11. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects
to the archeological or cultural resources. RECIPIENT shall immediately cease work and
notify ECOLOGY if any archeological ar cultural resources are found while conducting
work under this agreement In the event that historical or cultural artifacts are discovered at
the project site, the RECIPIENT shall also notify the state historic preservation oFficer at the
Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the
National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit
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Grant No. G1000380 FINAL
City of Aubum
pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to
impact historic propeRies (such as invasive sampling, dredging, or cleanup actions).
12. PRECEDENCE
In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations;
(b) Scope of Work and most current approved Spending Plan; (c) Special Terms and
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated
herein by reference including the Administrative Requirements for Ecology Grants and
Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms
and Conditions (SS-010 Rev. 04/04).
Part 5: GENERAL TERMS AND CONDITIONS:
Pcrtaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which granUloan funds are to be used shall be accomplished by the
REC[PIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreemenYs final scope of wark and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply witb 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-party 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 right or claim of the RECIPIENT arising under this agreement shall be transfened or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
L 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.
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Grant No. G1000380 FINAL
City of Auburn
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. If the agreement is federally-funded, the RECIPIENT
shall report to the DEPARTMENT the percent of granUloan 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
sta[e 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 retum 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 granUloan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All granUloan 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 afrer the final grant paymenUloan 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 RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
REC[PIENT 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.
L 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
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Grant No. G1000380 FINAL
City of Aubum
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
thirty (30) 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 of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved 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", paR IV,
published by the DEPARTMENT. A copy of this document shall be fumished 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. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the granUloan agreement and performed afrer the effective date and prior to ~
the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) far Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fiPteen (15) days afrer the end of a fiscal biennium: Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent 0%) of each reimbursement payment as security for the RECIPIENT's
performance. 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.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grandloan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. 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.
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Grant No. G 1000380 FINAL
Ciry of Aubum
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
1. Far Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or 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 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 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 afrer the effective date of this agreement, or by any
da[e 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
au[horized 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,
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Grant No. G 1000380 FINAL
City of Aubum
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 govemment 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.
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 contrazy 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 cash 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 iunds far the acquisition of land ar facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would impair
the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement beaz to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability..
0. 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
,
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Grant No. G 1000380 FINAL
City of Aubum
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 granUloan 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 yeaz 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 uuder this agreement, at the option of the DEPARTIv1ENT, 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 wark 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.
[n 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 conceming a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designafed 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 Heazings 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 association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. 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.
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Grant No. G 1000380 FINAL
Ciry of Aubum
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees azising 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.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF AUBURN
DEPARTMENT OF ECOLOGY
Laurie G. Davies Date Peter B. Lewis Date
Program Manager Mayor
Waste 2 Resources
Approved as to form only, Assistant Attomey General
20