HomeMy WebLinkAboutDepartment of EcologyFY 2010-2011 PHASE II STORMWATER PASS-THROUGH
GRANTS PROGRAM
GRANT AGREEMENT BETWEEN THE
DEPARTMENT OF STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
ECOLOGY AND
State of washington
THE CITY OF AUBURN
THIS is a binding agreement entered into, by, and between the state of Washington Department of
Ecology (DEPARTMENT), and Citv of Auburn (RECIPIENT). The purpose of this agreement is
to provide funds to the RECIPIENT to carry out the requirements described herein.
PART I. GENERAL INFORMATION
Project Title:
Phase II Stormwater Pass-through Grant
Program
Grant Number:
RECIPIENT Name and Address
RECIPIENT Contact:
Telephone Number:
FaY Number:
E-Mail Address:
RECIPIENT Billing Contact:
Telephone Number:
Fax Number:
E-Mail Address:
RECIPIENT Federal ID Number:
DEPARTMENT Project/Financial Manager:
Mailing Address:
Telephone Number:
Fax Number:
E-Mail Address:
DESIGNATED LOCAL
GOVERNMENT PARTNERS
(if applicable)
G1000208
Pete Lewis, Mayor
City of Auburn
25 West Main Street
Auburn, WA 98001
Tim Carlaw, Storm Drainage Engineer
253-804-5060 253-931-3053
tcarlaw@auburnwa.gov
Michelle Surdez
253-804-5020
253-876-1900
msurdez@aubumwa.gov
91-6001228
Water Quality Program
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
360- 407-6502
360-407-7151
N/A
ECY 070-357 (Rev. 9/09)
Phase II Stormwater Pass-through Grant
For partnerslups, the lead government and partners must submit a copy of the signed agreement in
Appendix B with each copy of the grant agreement.
DEPARTMENT Funding Source: 2010-2011 Biennial Operating Budget/Local
Toxics Control Account
Total Cost (up to $50,000 each recipient): $ 50,000
Total Eligible Cost (up to $50,000 each Recipient): $ 50,040
DEPARTMENT Share ($50,000 each Recipient): $ SQ,000
DEPARTMENT Maximum Percentage: 100%
The effective date of this grant agreement is July 1, 2009. Any work performed prior to the
effective date of this agreement will be at the sole expense and risk of the RECIPIENT.
This agreement expires on June 30, 2011.
PART II. PERFORMANCE MEASURES
A. Water Quality Goal.
Improved stormwater management and water quality protection associated with
development and implementation of a stormwater management program.
B. Proiect Outcomes.
Local Government Stormwater Grants for Iocal governments to receive grants for
municipal stormwater programs, including but not limited to implementation of Phase II
municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits.
C. Post Project Assessment.
The RECIPIENT agrees to submit a brief survey three years after project completion
regarding the key project outcomes and the status of environmental results or goals from
the project. The DEPARTMENT's Performance Measures Lead will e-mail the
RECIPIENT the Post Project Assessment SwCvey.
The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise
evaluate the Project. The DEPARTMENT will enter the information provided into its
performance measures database to be provided to the Washington State Legislature,
United States Envirorunental Protection Agency, and other natural resource agencies.
Approximate Post Project Assessment Date: June 30, 2012
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Phase II Stormwater Pass-through Grant
PART III. PROJECT DESCRIPTION
The RECIPIENT's stormwater project will address implementation or management of municipal
storinwater programs.
PART IV. PROJECT BUDGET
Phase II Stormwater Pass-through Grant Program
ELEMENTS
TOTAL ELIGIBLE
COST (TEC)-
Task 1- Project Administration/Management (limited to 10% of total)
$ 5,000
Task 2- Implementation and management of Stormwater Program
$ 45,000
Total (limited to $50,000 per Recipient partner)
$ 50,000
*The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost.
MATCfIING REQUIREMENTS (There are no matching requirements)
DEPARTMENT Share FY 2010-11 (100% ofTEC)
$ 50,000
PUment Request Submittals. Payment requests will not be submitted more often than monthly,
unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's
Project/Financial Manager may require the RECIPIENT to submit regular payment requests to
ensure efficient and timely use of funds.
Payment Schedule. Payments will be made on a cost-reimbursable basis.
PART V. SCOPE OF WORK
The RECIPIENT sha11 ensure that this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for professional
services necessary to perform and complete project related work. The RECIPIENT certifies by
signing this agreement that all applicable requirements have been satisfied in the procurement of
any professional services. Eligible and ineligible project costs are separate and identifiable for
billing purposes. If professional services are contracted, the RECIPIENT shall submit a copy of
the final contract to the DEPARTMENT's ProjectlFinancial Manager.
Task 1 - Project Administration/Management
A. The RECTPIENT shall administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
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Phase II Stormwater Pass-through Grant
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT shall manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT shall submit all invoice voucher submittals and supportive
documentation, to the DEPARTMENT's ProjectlFinancial Manager. Copies of all
applicable forms shall be included with an original A19-lA, and shall be submitted to the
DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients
of Ecolog.y Grants and Loans at http://www.ecv.wa.,gov/biblio/9118.html
Required Forms:
Form A19-lA (original signature)
Form B2 (ECY 060-7)
Form C2 (ECY 060-9)
Form D (ECY 060-11)
Where Eligible Costs Have Incurred:
Form E (ECY 060-12)
Form F (ECY 060-13)
Form G (ECY 060-14)
Form H (F-21)
Form I (ECY'060-15)
D. If work conducted results in a report, the RECIPIENT shall submit the following to the
DEPARTMENT's Project/Financial Manager and in the quantities identified:
• Draft project completion reports - one electronic copy
• Final project completion reports - five copies
• Electronic copy of final project completion report
The RECIPIENT shall submit two copies of any docuxnent(s) which requires
DEPARTMENT approval. Once approval is given, one copy will be returned to the
RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of
submittals should be adjusted accordingly.
Task 2- Implementation of Stormwater Planning and Management Needs
A. The RECIPIENT shall address stormwater management needs that protect or restore water
quality. The RECIPIENT may conduct work related to implementation of activities
required by the municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permits.
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Phase II Stormwater Pass-through Grant
B. Check the boxes that represent the activities funded under this grant:
❑ Public education and outreach activities
❑ Public involvement and participation activities
~ Illicit discharge detection and elimination (IDDE) program activities, including:
Z Mapping or geographic information systems of municipal separate storm sewer
systems (MS4s);
Z Staff training
❑ Activities ta identify and remove illicit stormwater discharges;
❑ Dry weather outfall screening procedures and field activities;
❑ Complaint hotline database or tracking system improvements.
Z Activities to support programs to control runoff from new development, redevelopment,
and construction sites, including:
❑ Development of an ordinance and associated technical manual
❑ Inspections before, during, and upon completion of construction, or for post-
construction long-term maintenance.
Z Training for plan review and/or inspection staff
Z Pollution prevention, good housekeeping, and operation and maintenance program
activities, such as:
❑ Inspecting and/or maintaining the MS4 infrastructure
Z Developing and/or implementing policies, procedures, or stormwater pollution
prevention plans at municipal properties or facilities.
❑ Annual reporting activities, including developing a summary of identified barriers to the
use of low impact development.
❑ Establishing and refining stormwater utilities, including stable rate structures.
❑ Water quality monitoring to implement permit requirements for a Water Cleanup Plan
(TMDL). Note that any monitoring funded by this program requires submittal of a Quality
Assurance Project Plan that Ecology approves prior to awarding funding for monitoring.
❑ Developing a report to plan for monitoring the next permit cycle.
❑ Equipment purchases that result directly in improved compliance with permit
requirements. Allowed costs for equipment purchases must be specific to implementing a
permit requirement (such as a vactor truck) rather than general use (such as a general us
pick-up truck). Qualified equipment purchases include but are not limited to:
❑ Illicit discharge testing equipment and materials
❑ Vactor truck or sweeper truck for MS4 maintenance activities
❑ Electronic devices dedicated to mapping of MS4 facilities and attributes
❑ Software dedicated to tracking permit implementation activities
❑ Other activities consistent with the funding purposes of this program that support
stormwater management programs or permit compliance, which can be completed by the
June 30, 2011, deadline. Provide brief description in the space below:
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Phase II Stormwatex Pass-through Grant
PART VI. SPECIAL TERMS AND CONDITIONS
A. Commencement of Work. In the event that 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.
B. DEPARTMENT Funding Reco ni~ tion. The RECIPIENT shall acknowledge and inform
the public about DEPARTMENT funding participation in this project as appropriate.
Examples include project signs and/or acknowledgement in published materials and
reports, the news media, or other public announcements. Projects addressing site-specific
locations must utilize appropriately sized and weather-resistant signs.
C. Equipment Purchase. The purchase of equipment may be eligible under this project. If the
RECIl'IENT determines that equipment is needed to achieve the project outcomes, a
request must be made to the DEPARTMENT. All equipment purchases must have prior
approval by the DEPARTMENT. Allowable equipment purchases include equipment
needed to implement permit requirements (such as a vactor truck) rather than for general
use (such as general use pick-up truck).
D. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect
rate up to 25 percent based on RECIPIENT ernployee's direct salary and benefit costs
incurred while conducting project related work, provided that prior to signature of this
agreement, the DEPARTMENT's Project/Financial Manager may require a list of items
included in the indirect rate during negotiations or thereafter. Items that are generally
included in an indirect rate are identified in Administrative Requirements for Recipients of
Ecology Grants and Loans.
E. Meetinizs/Light Refreshments. The RECIPIENT may spend up to $50 per meeting for
light refreshments associated with this project. The total amount spent for light
refreshments under this agreement cannot exceed $300.
F. Minoritv and Women's Business Participation. The RECIPIENT agrees to solicit and
recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE)
businesses in purchases and contracts initiated after 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 after the effective date of this agreement:
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 tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
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Phase II Stormwater Pass-through Grant
Grant No.
3. Divide the total requirements, when economically feasible, into smaller tasks 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 shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified firms.
Please include the following information:
1. Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
G. Pro reg ss Reports. The RECIPIENT sha11 submit quarterly Progress Reports to the
DEPARTMENT's Project/Financial Manager. Payment requests will not be processed
without a Progress Report.
Reporting Periods.
~ January 1 through March 31
• April 1 through June 30
• July 1 through September 30
• October 1 through December 31
Reporting Due Date. Quarterly Progress Reports are due 15 days following the end of the
quarter.
Report Content. At a minimum, all Progress Reports must contain a comparison of
actual accomplishments to the objectives established for the period, the reasons for delay
if established objectives were not met, analysis and explanation of any cost overruns, and
any additional pertinent information specified in this agreement.
H. Water Qualitv Monitoring. Prior to initiating water quality monitoring activities, the
RECIPTENT must prepare a Quality Assurance Project Plan (QAPP) that follows
Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans
for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003).
The RECIPIENT must submit the QAPP to the DEPARTMENT for review, comment, and
must be approved before starting the environmental monitoring activities.
The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze
water samples for all parametexs to be analyzed that require bench testing.
The RECIPIENT should manage all monitoring data collected or acquired under this
agreement in order to be available to secondary users and meet the "ten-year rule."
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Phase II Stormwater Pass-through Grant
Grant No.
Monitoriniz Data Submittal / Environmental Information Management S s~. Funding
recipients that collect water quality monitoring data must submit all qppro rp iate data to
Ecology through the Environmental Information Management System (EIM).
PART VII. ALL WRITINGS CONTAINED HEREIN
This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's
current edition of Administrative Requirements for Recipients of Ecology Grants and Loans
("Yellow Book and the Local Government Stormwater Grants Program FY 2008 contain the
entire understanding between the parties, and there are no other understandings or representations
other than as set forth or incorporated by reference, herein. No subsequent modification(s) or
amendment(s) of this agreement shall be of any force or effect unless signed by authorized
representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement,
EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may
redistribute the grant budget. The DEPARTMENT or RECIPIENT may change their respective
staff contacts without the concurrence of either party.
IN WITNESS WHEREOF, the parties hereby execute this Grant:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
KELLY SUSEWIND, P.E., P.G.
DATE
CITY OF AU
I ION
1
DATE NAME: Pete Lewis
WATER QUALITY PROGRAM MANAGER
APPROVED AS TO FORM ONLY
ASSISTANT ATTORNEY GENERAL
(Revised 81/14/09)
TITLE: Mayor of the City of Auburn
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Phase TI Stormwater Pass-through Grant
Appendix A
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements of
the Department of Ecology
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement's final scope of work and budget.
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-party beneficiary
of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for constructian, 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 a11 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 transferred 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.
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 b ant/loan funds available to
women or minority owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with a11 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
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Phase II Stormwater Pass-through Grant
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. HICKBACKS
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 entided 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 granbloan 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 inspectians.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grantJloan 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 paymendloan 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 sha11 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
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.
1. 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 nof 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
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Phase II Stormwater Pass-through Grant
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 sha11 be made for each
taskJphase 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 docuxnents 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. Period of Compensation. Payments shall only be made for actions 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.
3. Final Request(s) for Payment. The RECIPIENT should 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.
4. 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. 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 grant/loan
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.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
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Phase II Stormwater Pass-through Grant
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 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 fiu-ther
funds thereunder and/or ternunate this agreement by giving written notice of termination.
A written notice of termination sha11 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 andlor 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 sha11 preclude the DEPARTMENT from demanding repayment of ALL funds
paid to the RECTPIENT 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 aTly 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
l. 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.
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Phase II Stormwater Pass-through Grant
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
2. Publications. When the RECIPIENT or persans 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 Properiy 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 DEFARTMENT 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 RECII'IENT's possession, the DEPARTMENT
sha11 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 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, 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 gr.anted pursuant to this agreement bear to the
total acquisition, purchase or construction costs of sueh 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 possibla. 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 perform obligations required of it by this agreement, the RECIPIENT may, at the
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Phase II Stormwater Pass-through Grant
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all granbloan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the
opinion of the DEPAR.TMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent (121/o) per year 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
DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by
an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT sha11 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 fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Off'icer 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
Uirector 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 association in which he/she is, directly or indirectly interested; nor
shali 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.
Page 14 of 17
Phase II Stormwater Pass-through Grant
Grant No.
S. INDEMNIFICATION
1. The DEPART'MENT 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 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 arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVER.ABILITY
If any provision of this agreement or any provision of any document incorporated by
reference
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency sha11 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. 04/04
Page 15 of 17
Phase II Stormwater Pass-through Grant
Grant No.
Annendix B
PARTNERSHIP AGREEMENT FOR ECOLOGY GRANTS
FY2010-2011 PHASE II STORMWATER PASS-THROUGH GRANTS
The cities, towns, and counties listed below agree to partner under one grant agreement for the
FY2010 -2011 Phase II Stormwater Pass-through Grants. T'he grant shall be administered on
behalf of the partners by the Lead Phase II Local Government. Each partner local government is a
city, town, or county permittee under the Phase II Western Washington Municipal Stormwater
General Permit or the Phase II Eastern Washington Municipal Stormwater General Permit.
Lead Phase II Local Governrnent: N/A
Phase II permit coverage number: N/A
Signature of authorized representative:
Partner Local Government # 1: N/A
Title N/A
Date N/A
Phase II permit coverage number: N/A
Signature of authorized representative:
Partner Local Government #2: N/A
Title N/A
Date N/A
Phase II permit coverage number: N/A
Signature of authorized representative:
Title N/A
Date N/A
Page 16 of 17
Phase II Stormwater Pass-through Grant
Grant No.
Partner Local Government #3: N/A
Phase II permit coverage number: N/A
Signature of authorized representative:
Partner Local Government #4: N/A
Title N/A
Date N/A
Phase II permit coverage number: N/A
Signature of authorized representative:
Title N/A
Date N/A
If you require special accommodations or need this document in a format for the visually
impaired, call the Water Quality Program at 360-407-6502. Persons with hearing loss can call
711 for Washington Relay Service. Persons with a speech disability can ca11877-833-6341.
Page 17 of 17
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, W,4 98504-7600 • 360-407-6000
711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341
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November 18, 2009
Tim Carlaw
City of Auburn
25 West Main Street
Auburn, WA 98001
Re: Auburn Phase II Stormwater Pass-through Grant
Local Toxics Control Account
Grant No. G1000208, FY 10 Funding Cycle
Dear Mr. Carlaw:
~
Enclosed is a signed original of the above-referenced grant agreement between the Department
of Ecology and the City of Auburn.
If you have any questions, please call me at (360) 407-7039, or email me at
tfar461gecy.wa. gov.
Sincerely,
V~~~
Tracy Farrell
Grants Financial Manager
Water Quality Program
Enclosure
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STA1'E
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 • Olympia, W,4 98504-7600 9 360-407-6000
711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341
November 16, 2009
The Honorable Pete Lewis, Mayor
City of Auburn
25 West Main St.
Auburn, WA 98001
Re: Auburn Phase II 5tormwater Pass-through Grant
Local Toxics Control Account
Grant No. G1000208 FY 10 Funding Cycle
Dear Mayor Lewis:
2.,~7
~~:•P6 .17
I am pleased to inform you that the stormwater grant agreement for the Auburn Phase II
Stormwater Pass-through Grant project has been signed. A signed original of the agreement has
been sent to Tim Carlaw for project files and future reference.
We appreciate this opportunity to assist you with financial and technical assistance. Ecology's
Water Quality Program staff in Lacey is available to assist you with your project.
If you have any questions or need additional information, please call Tracy Farrell, Ecology's
financial manager, at 360-407-7039.
Sincerely,
likL' ~
Kelly Susewind, P.E., P.G.
Water Quality Program Manager
KES:MT:sb
cc: Tim Carlaw, City of Auburn
Tracy Fanell, Ecology HQ/WQ
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