HomeMy WebLinkAbout06-25-2018 SPECIAL CITY COUNCIL MEETING AGENDASpecial City Council Meeting
J une 25, 2018 - 5:30 P M
City Hall Council Chambers
A GE NDA
I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .P ublic Works P roject No. C P 1725 (Gaub)
City Council to award Contract No. 18-09, to L akeside I ndustries I nc. on their low bid
of $2,370,331.52 for P roject No. C P 1725, 2018 Citywide P atch and Overlay P roject
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
I I I .RE S O L UT IO NS
A .Resolution No. 5375 (Coleman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
acceptance and appropriation of grant funds in the amount of Twenty-five T housand
Two Hundred F orty-two Dollars ($25,242.00), and authorizing the Mayor to execute an
interlocal agreement between the Washington State Department of E cology and the
City of Auburn to accept said funds for implementation of the 2017-2019 L ocal Solid
Waste Financial Assistance Grant program
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5375.)
B .Resolution No. 5376 (B arber)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to take steps to comply in accordance with Section 41.50.152 of the Revised
Code of Washington regarding a city employee cashing-out unused annual leave in
excess of two hundred forty hours
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5376.)
I V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 1 of 33
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1725 (Gaub)
Date:
June 18, 2018
Department:
CD & PW
Attachments:
Budget Status Sheet
Bid Tab Summary
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision:
$71,633.00
Revised Budget: $0
Administrativ e Recommendation:
City Council award Contract No. 18-09, to Lakeside Industries Inc. on their low bid of
$2,370,331.52 for Project No. CP1725, 2018 Citywide Patch and Overlay Project.
Background Summary:
The City received 4 responsive bids and the low bid was approximately 8.3% above the
engineer’s estimate. Staff has performed reference checks and other verifications to
determine that Lakeside Industries, Inc. meets the responsible bidding criteria and
recommends award.
Bids for this contract came in higher than anticipated due to a recent spike in construction
costs associated with high oil prices and a high demand for construction work. The two lowest
bids received were within close range of each other, which indicates that re-advertising this
project will not likely result in lower bids. Re-advertising the project for bids would also delay
the project and push the construction work into the summer of 2019. Delaying this street
preservation work would cause the arterial streets to further degrade and increase the costs
to ultimately restore and preserve them. Therefore, it is in the public’s best interest to award
the contract to Lakeside Industries, Inc.
The major items of work include grinding and overlaying 6.55 lane-miles of Arterial and
Collector streets, pavement patching on 0.44 lane-miles of Arterial roadway, constructing a
thin asphalt overlay treatment on 3.28 lane-miles of local streets, and upgrading 39 ADA
ramps.
Construction of this project is anticipated to start in late July 2018 and be complete in
Page 2 of 33
November 2018.
A project budget shortfall of $71,633.00 exists in the 105 (Local Street) Fund. A Budget
Amendment will be necessary to fund the project and is anticipated to be included in Budget
Amendment #7. A project budget contingency of $50,215.00 remains in the 103 (Local
Street Preservation) Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:June 25, 2018 Item Number:CA.A
Page 3 of 33
Project No: CP1725 Project Title:
Project Manager: Jai Carter
Project Initiation
Project Initiation (PMP) Date: January 31, 2018 Final Design
Advertisement Date: ________ Contract Award
Award Date: ___________ Change Order Approval
Contract Final Acceptance
Funding 2017 2018 2019
Future Years Total
103 Fund - Local Street Preservation 0 850,000 0 0 850,000
105 Fund - Arterial Street Preservation 0 1,700,000 0 0 1,700,000
Total 0 2,550,000 0 0 2,550,000
Activity 2017 2018 2019
Future Years Total
Design Engineering - City Costs 0 22,570 0 0 22,570
Construction Contract Bid 0 2,370,332 0 0 2,370,332
Construction Contingency (5%)0 118,517 0 0 118,517
Materials Testing 0 10,000 0 0 10,000
Construction Engineering 0 50,000 0 0 50,000
Total 0 2,571,418 0 0 2,571,418
2017 2018 2019
Future Years Total
*103 Funds Budgeted ( )0 (850,000) 0 0 (850,000)
103 Funds Needed 0 799,785 0 0 799,785
*103 Fund Project Contingency ( )0 (50,215) 0 0 (50,215)
103 Funds Required 0 0 0 0 0
2017 2018 2019
Future Years Total
*105 Funds Budgeted ( )0 (1,700,000) 0 0 (1,700,000)
105 Funds Needed 0 1,771,633 0 0 1,771,633
*105 Fund Project Contingency ( )0 0 0 0 0
105 Funds Required 0 71,633 0 0 71,633
* ( # ) in the Budget Status Sections indicates Money the City has available.
105 Fund - Arterial Street Preservation
103 Fund - Local Street Preservation
BUDGET STATUS SHEET
2018 Citywide Patch and Overlay Project
Updated: June 14, 2018
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Estimated Cost (Funds Needed)
H:\PROJ\CP1725 - 2018 Citywide Patch and Overlay Project\3.00 Project Management\3.20 Budget\CP1725
BudgetStatusSheet.xls 1 of 1Page 4 of 33
Page 5 of 33
Lakeland Hills WayDeep PatchBetween Mill Pond Drive and57th Dr SE$246KLea Hill Overlay AreaPatch and Thin OverlayLocal Street Preservation Fund$410KWest Hill Overlay AreaThin OverlayLocal Street Fund (103)$337KTerrace View DriveGrind and InlayBetween R St NW & W St NW$329KR St SE & Auburn- BlackDiamond RdGrind and OverlayBetween East Main St & T St SE$178KAuburn Way NGrind and OverlayBetween 45th St NE & S277th St$592K2018 Arterial Preservation Program Proposed Citywide Patch and Overlay Project Streets CITYWIDE2018 Local Preservation Program Proposed Local Street Preservation8th St NEGrind and OverlayBetween Auburn Way N and M St NE$222KPage 6 of 33
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5375 (Coleman)
Date:
June 19, 2018
Department:
Finance
Attachments:
Res olution No. 5375 and Grant Agreement
Budget Impact:
Administrativ e Recommendation:
Approve Grant Receipt for $25,242.00
Background Summary:
The Washington State Department of Ecology (Ecology) requests to enter into an interlocal
agreement with the City of Auburn for the 2017-2019 Local Solid Waste Financial Assistance
Grant Program (formerly known as Coordinated Prevention Grant Program). Ecology has
appropriated a 75% grant in the amount of $25,242.00 for the City to promote waste
reduction and recycling. The remaining 25% match of $8,414.00 will come from a King
County Waste Reduction and Recycling Grant.
The City of Auburn Solid Waste Division will use the grant funds for the following programs:
1. Residential Recycling: Staff will promote waste reduction and recycling to residents
through educational displays at community events, a community yard sale, and recycle cart
checks.
2. School Education and Outreach: Staff and a consultant will provide waste reduction and
recycling presentations to Auburn School District students. Grant funds may be used to
partially fund a water bottle refill station at a school or schools.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:June 25, 2018 Item Number:RES.A
Page 7 of 33
RESOLUTION NO. 5 3 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
ACCEPTANCE OF GRANT FUNDS IN THE AMOUNT OF
TWENTY-FIVE THOUSAND TWO HUNDRED FORTY-
TWO DOLLARS ($25,242.00), AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE WASHINGTON STATE DEPARTMENT
OF ECOLOGY AND THE CITY OF AUBURN TO ACCEPT
SAID FUNDS FOR IMPLEMENTATION OF THE 2017-
2019 LOCAL SOLID WASTE FINANCIAL ASSISTANCE
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 Washington State
Department of Ecology with King County Solid Waste Division has established a
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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Grant in the total amount of twenty-five thousand two
hundred forty-two dollars ($25,242.00) is accepted, which Grant constitutes
reimbursement of funds for implementing the 2017-2019 Local Solid Waste
Financial Assistance Grant Program.
Section 2. The Mayor of the City of Auburn is authorized to execute an
Interlocal Agreement with the Washington State Department of Ecology for the
Resolution No. 5375
6/21/2018
Page 1 of 2 Page 8 of 33
reimbursement of said funds. Said Agreement shall be in substantial conformity
to the one attached hereto, designated Grant No.: W2RLSWFA-1719-AubuSW-
00096, which is incorporated by this reference.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as necessary to carry out directions of the legislation.
Section 4. This Resolution shall be in full force and effect upon passage
and signatures hereon.
Dated and Signed this 25th day of June, 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP • ED O FORM:
K.,4b t
Daniel B. Heid, City Attorney
Resolution No. 5375
6/21/2018
Page 2 of 2 Page 9 of 33
DEPARTMENT OF
ECOLOGY
State of Washington
Agreement No. W2RLSWFA-1719-AubuSW-00096
WASTE 2 RESOURCES LOCAL SOLID WASTE FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF AUBURN
This is a binding Agreement entered into by and between the state of Washington,Department of Ecology,
hereinafter referred to as"ECOLOGY," and CITY OF AUBURN,hereinafter referred to as the"RECIPIENT,"to
carry out with the provided funds activities described herein.
GENERAL INFORMATION
Project Title: 2017-19 LSWFA City of Auburn IMP
Total Cost: 33,656.00
Total Eligible Cost: 33,656.00
Ecology Share: 25,242.00
Recipient Share:8,414.00
The Effective Date of this Agreement is: 07/01/2017
The Expiration Date of this Agreement is no later than: 06/30/2019
Project Type: Planning/Implementation
Project Short Description:
The City of Auburn will spend$33,656.00 to conduct"back to basics"recycling outreach to residents and
schools,and to also support waste prevention and reuse via tools and events. As a result,approximately 29.5
tons of potential waste will be either prevented or recycled by some 1,450 participants.
Project Long Description:
N/A
Overall Goal:
Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental
contamination through planning and project implementation; and comply with state and local solid and
hazardous waste management plans and laws.
Page 10 of 33
State of Washington Department of Ecology Page 2 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
RECIPIENT INFORMATION
Organization Name: CITY OF AUBURN
Federal Tax ID: 91-6001228
DUNS Number: 032942575
Mailing Address:25 West Main St
Auburn,WA 98001
Physical Address: 25 West Main St
Auburn,Washington 98001
Organization Email: jenelson@auburnwa.gov
Contacts
Project Manager
Joan Nelson
Solid Waste&Recycling Supervisor
25 West Main St
Auburn,Washington 98001
Email: jenelson@auburnwa.gov
Phone: (253)931-5103
Billing Contact Consuelo Rogel
Financial Analyst
25 West Main Street
Auburn,Washington 98001
Email: crogel@auburnwa.gov
Phone: (253) 804-5023
Authorized Nancy Backus
Signatory Mayor
25 W Main St
Auburn,Washington 98001
Email: nbackus@auburnwa.gov
Phone: (253)931-3041
Version 10/30/2015 Page 11 of 33
State of Washington Department of Ecology Page 3 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
ECOLOGY INFORMATION
Mailing Address:Department of Ecology
Waste 2 Resources
PO BOX 47600
Olympia,WA 98504-7600
Physical Address: Waste 2 Resources
300 Desmond Drive SE
Lacey,WA 98503
Contacts
Diana Wadley
Project
Manager
3190- 160th Ave SE
Bellevue,Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425)649-7056
Diana Wadley
Financial
Manager
3190- 160th Ave SE
Bellevue,Washington 98008-5452
Email: dwad461@ecy.wa.gov
Phone: (425)649-7056
Version 10/30/2015 Page 12 of 33
State of Washington Department of Ecology Page 4 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel,equipment,materials, services,and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement,Scope of Work,attachments,and incorporated or referenced documents,as well as all
applicable laws, statutes,rules,regulations,and guidelines mentioned in this Agreement. Furthermore,the
RECIPIENT has read,understood,and accepts all requirements contained within this Agreement.
This Agreement contains 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 modifications or amendments to this agreement will be of any force or effect unless in writing,signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement.ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF:the parties hereto,having read this Agreement in its entirety, including all attachments,do
agree in each and every particular and have thus set their hands hereunto.
Washington State
CITY OF AUBURN
Department of Ecology
By: By:
Laurie Davies Date Nancy Backus Date
Waste 2 Resources Mayor
Program Manager
Template Approved to Form by
Attorney General's Office
Version 10/30/2015 Page 13 of 33
State of Washington Department of Ecology Page 5 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number:1 Task Cost: $20,156.00
Task Title: Residential Recycling/Waste Prevention
Task.Description:
Activity-Reducing Recycle Contamination
Working with residents,RECIPIENT will target neighborhoods to perform recycle bin visual inspections and tagging
to help reduce contamination. RECIPIENT will estimate contamination during the check,tag accordingly,and then
conduct follow-up visits to assess change.
RECIPIENT will use different forms of media and promotional methods to residents throughout the Agreement period.
RECIPIENT will focus on a"Recycle More. Recycle Right"or"Back to Basics"approach to increase recycling and
reduce contamination. Efforts may include,but are not limited to: producing waste reduction and recycling
advertisements, flyers and postcards;providing educational table displays and staffing at approximately two City
events related to promoting waste reduction/consumption;and the cart checks.
RECIPIENT is reminded that all grant-funded giveaway items must first be pre-approved by ECOLOGY.
Additionally,RECIPIENT shall obtain ECOLOGY's approval for all Agreement-funded communication materials or
documents related to the fulfillment of this Agreement,per section 18 of the General Terms and Conditions of this
Agreement. Contact your Ecology Project Manager to obtain approval.
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same
eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Activity-Community Materials Exchange
RECIPIENT will coordinate a weekend when residents may exchange materials or money in a"Community Yard
Sale." Benefits to residents participating as sellers include use of City-provided promotional materials,and inclusion
on the City's map of sale sites. Benefits to buyers and the environment include a compilation of locations for more
efficient trip planning,and reuse of items at a lower-than-new sales price.
Task Goal Statement:
The goal of this task is to increase recycling,reduce contamination,and promote waste reduction among residents,
bringing awareness to existing collection guidelines and programs,while inspiring residents to participate.
Task Expected Outcome:
For Reducing Contamination,RECIPIENT will assess the change in contamination based on the difference between
initial and follow-up cart checks. From the initial cart check to the follow-up cart check,RECIPIENT anticipates at
least a 75%decrease in the number of carts found to contain contamination. RECIPIENT will also estimate the change
in tonnage diverted into recycling.
To estimate residential contacts made,RECIPIENT will track the number of flyers,etc.distributed and the reach of
advertising. To estimate participants,RECIPIENT will track attendance at events,and the number of cart checks.
Surveys may also be used as appropriate, or hauler data for the areas reached with this task.
Version 10/30/2015
Page 14 of 33
State of Washington Department of Ecology Page 6 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
To estimate the tons diverted from the waste stream via the Community Yard Sale,RECIPIENT will multiply 50
pounds by the number of sellers.
As a result of this task,over the Agreement period,RECIPIENT estimates an additional 25 tons recycled by
participating residents.
RECIPIENT expects to make 22,500 residential contacts,resulting in 1,000 residential participants.
Recipient Task Coordinator: Joan Nelson&Kathleen Edman
Residential Recycling/Waste Prevention
Deliverables
Number Description Due Date
1.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015
Page 15 of 33
State of Washington Department of Ecology Page 7 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
SCOPE OF WORK
Task Number:2 Task Cost: $13,500.00
Task Title: Business Recycling/Waste Prevention
Task Description:
Activity-School Waste Reduction and Recycling
RECIPIENT,with a consultant,will support the Auburn School District(ASD)'s continuing hard work to increase their
diversion rate,reduce contamination of recycling and organics waste streams,and reduce overall waste. RECIPIENT
will provide waste reduction and recycling presentations to students and work with school staff to ensure the school
can provide the best waste management services possible.
RECIPIENT will provide the ASD Resource Conservation Manager(RCM)with advance notice of the dates and
locations of the classroom presentations.RECIPIENT also will coordinate with the RCM to increase waste prevention
and recycling through the promotion of the King County Green Schools and Washington Green Schools programs. In
addition,the City may partially fund a water bottle refill station at a school or schools within the ASD to promote
waste reduction.
Expected costs include consultant time,outreach printed materials,presentation props,and tools such as a water bottle
refill station.
RECIPIENT is reminded that all grant-funded giveaway items must first be pre-approved by ECOLOGY.
Additionally,RECIPIENT shall obtain ECOLOGY's approval for all Agreement-funded communication materials or
documents related to the fulfillment of this Agreement,per section 18 of the General Terms and Conditions of this
Agreement. Contact your Ecology Project Manager to obtain approval.
Reimbursement for costs incurred by contractors to implement work identified in this task are subject to the same
eligibility and reimbursement requirements as the RECIPIENT, and require ECOLOGY approval.
Task Goal Statement:
The goal of this task is to increase waste reduction and recycling awareness and practices in Auburn's schools,
resulting in effective waste management behaviors both at home and school.
Task Expected Outcome:
Over the two-year Agreement period,the RECIPIENT expects about 4.5 more tons recycled or reduced via
approximately 450 students participating via reception of school outreach such as one of approximately 15 school
presentations given.
RECIPIENT will track the number of students and staff reached through presentations or one-on-one meetings
participants),as well as notified of the availability of outreach(contacts). RECIPIENT estimates 20 more pounds will
be recycled or reduced per year per student or staff member participating in a presentation.
If the water bottle refill station is realized,RECIPIENT will seek data regarding its waste reduction impact.
Version 10/30/2015 Page 16 of 33
State of Washington Department of Ecology Page 8 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
Recipient Task Coordinator: Joan Nelson&Kathleen Edman
Business Recycling/Waste Prevention
Deliverables
Number Description Due Date
2.1 Work as defined in the Scope of Work for this Agreement is 06/30/2019
implemented.
Version 10/30/2015 Page 17 of 33
State of Washington Department of Ecology Page 9 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
BUDGET
Funding Distribution EG180374
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to idents each budget.
Funding Title: City of Auburn IMP Funding Type: Grant
Funding Effective Date: 07/01/2017 Funding Expiration Date: 06/30/2019
Funding Source:
Title: State Building Construction Account(SBCA)
Type: State
Funding Source%: 100%
Description: Local Solid Waste Financial Assistance
Approved Indirect Costs Rate: Approved State Indirect Rate: 25%
Recipient Match%: 25%
InKind Interlocal Allowed: No
InKind Other Allowed: No
Is this Funding Distribution used to match a federal grant? No
City of Auburn IMP Task Total
Residential Recycling/Waste Prevention 20,156.00
Business Recycling/Waste Prevention 13,500.00
Total: $33,656.00
Version 10/30/2015 Page 18 of 33
State of Washington Department of Ecology Page 10 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
Funding Distribution Summary
Recipient/Ecology Share
Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total
City of Auburn IMP 25.00 % $ 8,414.00 $ 25 242.00 $33,656.00
Total 8,414.00 $25,242.00 $33,656.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award,the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1. The RECIPIENT/CONTRACTOR,by signing this agreement,certifies that it is not suspended,debarred,
proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal
government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification,they must provide an explanation as to why they
cannot.
2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3. The terms covered transaction,debarred, suspended, ineligible, lower tier covered transaction,participant,
person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause,have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred,
suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction.
5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled
CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY
EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
Version 10/30/2015 Page 19 of 33
State of Washington Department of Ecology Page 11 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
remedies, including suspension and debarment.
8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or
contractors, are not suspended or debarred,and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
http://www.sam.gov>and print a copy of completed searches to document proof of compliance.
B.FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA)REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form(ECY 070-395)and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
Receives more than$25,000 in federal funds under this award.
Receives more than 80 percent of its annual gross revenues from federal funds.
Receives more than$25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements,including the required
DUNS number,at www.fsrs.gov<http://www.fsrs.gov/>within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov<http://www.usaspending.gov/>.
For more details on FFATA requirements,see www.fsrs.gov<http://www.fsrs.gov/>.
Version 10/30/2015
Page 20 of 33
State of Washington Department of Ecology Page 12 of 20
Agreement No: W2RLSWFA-1719-AubuSW-00096
Project Title: 2017-19 LSWFA City of Auburn IMP
Recipient Name: CITY OF AUBURN
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington,Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1. ADMINISTRATIVE REQUIREMENTS
a) RECIPIENT shall follow the"Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2. AMENDMENTS AND MODIFICATIONS
This Agreement may be altered,amended,or waived only by a written amendment executed by both parties. No
subsequent modification(s)or amendment(s)of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3. ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed,or damaged due to the RECIPIENT's project funded under this
Agreement.
RECIPIENT shall:
a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
For capital construction projects or land acquisitions for capital construction projects,if required,comply with
Governor Executive Order 05-05,Archaeology and Cultural Resources.
For projects with any federal involvement,if required,comply with the National Historic Preservation Act.
Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b) If required by the ECOLOGY Program,submit an Inadvertent Discovery Plan(IDP)to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
Keep the IDP at the project site.
Make the IDP readily available to anyone working at the project site.
Discuss the IDP with staff and contractors working at the project site.
Implement the IDP when cultural resources or human remains are found at the project site.
c) If any archeological or historic resources are found while conducting work under this Agreement:
Immediately stop work and notify the ECOLOGY Program,the Department of Archaeology and Historic
Preservation at(360)586-3064,any affected Tribe, and the local government.
d) If any human remains are found while conducting work under this Agreement:
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Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office,and
then the ECOLOGY Program.
e) Comply with RCW 27.53,RCW 27.44.055, and RCW 68.50.645, and all other applicable local,state, and federal
laws protecting cultural resources and human remains.
4. ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5. COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY,all affected local,state, or federal jurisdictions, and any interested individuals or groups.
6. COMPENSATION
a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
0 ECOLOGY will pay the RECIPIENT thirty(30)days after receipt of a properly completed request for payment.
g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website,http//www.des.wa.gov/services/ContractingPurchasingBusiness/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email
payeehelpdesk@watech.wa.gov.
h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein,or a portion
thereof,has been completed if, at ECOLOGY's sole discretion,such payment is reasonable and approved according to
this Agreement,as appropriate,or upon completion of an audit as specified herein.
j) RECIPIENT must submit within thirty(30)days after the expiration date of this Agreement,all financial,
performance,and other reports required by this agreement.Failure to comply may result in delayed reimbursement.
7. COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws,orders,regulations,and permits
related to this Agreement,including but not limited to:
a) 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.
b) RECIPIENT agrees to be bound by all applicable federal and state laws,regulations,and policies against
discrimination.
c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8. CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer,member,agent,or employee,who exercises any function or
responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial
interest,direct or indirect,nor affect the interest of any corporation,partnership,or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9. CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction,purchase of goods,equipment,services,and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal,fair,and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion.
10. DISPUTES
When there is a dispute with regard to the extent and character of the work,or any other matter related to this
Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a) RECIPIENT notifies the funding program of an appeal request.
b) Appeal request must be in writing and state the disputed issue(s).
c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d) ECOLOGY reviews the RECIPIENT's appeal.
e) ECOLOGY sends a written answer within ten(10)business days,unless more time is needed,after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of
such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal.The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute,the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method,in
addition to the dispute resolution procedure outlined above.
11. ENVIRONMENTAL DATA STANDARDS
a) RECIPIENT shall prepare a Quality Assurance Project Plan(QAPP)for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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the ECOLOGY Program issuing the grant or loan. If a QAPP is required,the RECIPIENT shall:
Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY,unless ECOLOGY Quality Assurance
QA)officer or the Program QA coordinator instructs otherwise.
Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July
2004(Ecology Publication No. 04-03-030).
Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system(EIM),unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM,find
instructions at: http://www.ecy.wa.gov/eim.
c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System(GIS)data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards.RECIPIENT,
when requested by ECOLOGY,shall provide copies to ECOLOGY of all final GIS data layers,imagery,related tables,
raw data collection files,map products,and all metadata and project documentation.
12. GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington,and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13. INDEMNIFICATION
ECOLOGY will 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.
To the extent that the Constitution and laws of the State of Washington permit,each party will 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.
14. INDEPENDENT STATUS
The employees,volunteers,or agents of each party who are engaged in the performance of this Agreement will continue
to be employees,volunteers,or agents of that party and will not for any purpose be employees,volunteers,or agents of
the other party.
15. KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift
in return for award of a subcontract hereunder.
16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE)
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 under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation;however,the RECIPIENT is encouraged
to take the following actions,when possible, in any procurement under this Agreement:
a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b) Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum
participation by qualified minority and women's businesses.
c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified
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minority and women's businesses.
d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
OMWBE)(866-208-1064)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as
appropriate.
17. ORDER OF 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)The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e)Any provisions or terms incorporated herein by
reference, including the"Administrative Requirements for Recipients of Ecology Grants and Loans";and(f)the
General Terms and Conditions.
18. PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the
fulfillment of this Agreement:
a) If requested,RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten(10)business days
prior to production and distribution.
b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline.
c) If requested,RECIPIENT shall provide ECOLOGY two(2)final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures,manuals,pamphlets,
videos,audio tapes,CDs,curriculum,posters,media announcements, or gadgets with a message,such as a refrigerator
magnet,and any online communications, such as web pages,blogs,and twitter campaigns. If it is not practical to
provide a copy,then the RECIPIENT shall provide a description(photographs,drawings,printouts,etc.)that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19. PROGRESS REPORTING
a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c) RECIPIENT shall use ECOLOGY's provided progress report format.
d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July 1
through September 30,and October 1 through December 31. Reports shall be submitted within thirty(30)days after
the end of the quarter being reported.
e) RECIPIENT must submit within thirty(30)days of the expiration date of the project,unless an extension has been
approved by ECOLOGY,all financial,performance,and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20. PROPERTY RIGHTS
a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to
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authorize others to use the same for federal, state,or local government purposes.
b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information;present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos,reports,
maps,or other data in printed reports, signs,brochures,pamphlets, etc.,appropriate credit shall be given to ECOLOGY.
c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
fl Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2. 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 intended by this Agreement.
g) Conversions. Regardless of the Agreement expiration date,the RECIPIENT shall not at any time convert any
equipment,property,or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition,purchase, or construction costs of such
property.
21. RECORDS,AUDITS,AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a) Be kept in a manner which provides an audit trail for all expenditures.
b) Be kept in a common file to facilitate audits and inspections.
c) Clearly indicate total receipts and expenditures related to this Agreement.
d) Be open for audit or inspection by ECOLOGY,or by any duly authorized audit representative of the State of
Washington, for a period of at least three(3)years after the final grant payment or loan repayment,or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit,or have a designated third party audit,applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
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this Agreement and for at least three(3)years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY,or any other authorized representative,at all reasonable times,
m order to monitor and evaluate performance,compliance,and any other conditions under this Agreement.
22. RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23. 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.
24. STATE ENVIRONMENTAL POLICY ACT(SEPA)
RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State
Environmental Policy Act(Chapter 43.21C RCW and Chapter 197-11 WAC)have been or will be met. Any
reimbursements are subject to this provision.
25. SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT.RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26. SUSTAINABLE PRACTICES
In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a) Sustainable practices may include such activities as use of clean energy,use of double-sided printing,hosting low
impact meetings, and setting up recycling and composting programs.
b) Purchasing may include such items as: sustainably produced products and services,EPEAT registered computers
and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products
with reduced packaging,office products that are refillable,rechargeable,and recyclable,and 100%post-consumer
recycled paper.
For more suggestions visit ECOLOGY's web page: Green Purchasing,,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27. TERMINATION
a) For Cause
ECOLOGY may terminate for cause this Agreement with a seven(7)calendar days prior written notification to the
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RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four(4)months after the effective date of this Agreement,or by any date
mutually agreed upon in writing for commencement of work,or the time period defined within the Scope of Work.
Non-Performance.The obligation of ECOLOGY 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 ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any
further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement.
Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b) For Convenience
ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best
interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT,except as noted
below. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn,reduced,or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement,ECOLOGY, at its sole discretion,may elect to terminate
the Agreement,in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions,although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension,ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c) By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement,in whole or in part,at any time,by mutual written
agreement.
d) In Event of Termination
All finished or unfinished documents,data studies, surveys,drawings,maps,models,photographs,reports or other
materials prepared by the RECIPIENT under this Agreement,at the option of ECOLOGY,will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28. THIRD PARTY BENEFICIARY
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.
29. WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or 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 ECOLOGY.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5376 (Barber)
Date:
June 20, 2018
Department:
Human Resources
Attachments:
Res olution No. 5376
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5376.
Background Summary:
According to Section 41.50.152 of the Revised Code of Washington (RCW), when an
employee of the City, vested under one of the PERS Retirement Plans of the Washington
State Department of Retirement Systems (DRS), is leaving the City’s employ and has an
accrual of unpaid leave in excess of two hundred forty (240) hours, the City shall provide
notice thereof at a meeting conducted pursuant to RCW Chapter 42.30, the Open Public
Meetings Act.
When the City of Auburn, as a PERS employer, proposes to enter into a contract with an
employee or group of employees that may result in an excess compensation billing, the City
must identify the compensation provision and the potential cost for excess compensation at
an open public meeting, and shall give notice thereof, which notification shall also be in
accordance with RCW Chapter 42.30.
Resolution No. 5376 provides the necessary notice required under Section 41.50.152 RCW.
Rev iewed by Council Committees:
Councilmember:Staff:Barber
Meeting Date:June 25, 2018 Item Number:RES.B
Page 30 of 33
RESOLUTION NO. 5 3 7 6
A RESOLUTION OF THE CITY COUNCIL, THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
TAKE STEPS TO COMPLY IN ACCORDANCE WITH
SECTION 41.50.152 OF THE REVISED CODE OF
WASHINGTON REGARDING A CITY EMPLOYEE CASHING-
OUT UNUSED ANNUAL LEAVE IN EXCESS OF TWO
HUNDRED FORTY HOURS
WHEREAS, pursuant to Section 41.50.152 of the Revised Code of Washington
RCW), when an employee of the City, vested under one of the PERS Retirement Plans
of the Washington State Department of Retirement Systems (DRS), is leaving the City's
employ and has an accrual of unpaid leave in excess of two hundred forty (240) hours,
the City shall provide notice thereof at a meeting conducted pursuant to RCW Chapter
42.30, the Open Public Meetings Act; and
WHEREAS, pursuant thereto, when the City of Auburn, as a PERS employer,
proposes to enter into a contract with an employee or group of employees that may result
in an excess compensation billing, the City must identify the compensation provision and
the potential cost for excess compensation at an open public meeting, and shall give
notice thereof, which notification shall also be in accordance with RCW Chapter 42.30;
and
WHEREAS, at such public meeting, the City shall provide the following information:
Full disclosure of the nature of the proposed compensation provision,
which shall include an explanation of the pay provision and the services for
which the employee is being compensated;
An estimate of the cost of the excess compensation billing that the
employer would have to pay as a result of the proposed compensation
provision; and
WHEREAS, with the retirement of David B. Roselle, an employee of the city of
Auburn vested under DRS Retirement Plan PERS 1, it is appropriate that the Mayor take
such steps as are appropriate to comply with Section 41.50.152 RCW.
Resolution No. 5376
June 19, 2018
Page 1 Page 31 of 33
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to enter into such agreements and execute
Excess Compensation Benefit Invoices, with respect to retiring employee David B.
Roselle, as are necessary to comply with the requirements of Section 41.50.152 RCW,
the effects of which shall be in substantial conformity with the Excess Compensation
Benefit Invoice, attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Section 2. The Mayor is further authorized to take such other steps as may be
necessary to carry out the intentions of this legislation, including but not limited to,
notifying DRS of its compliance with the public notice requirement of Section 41.50.152
RCW.
Section 3 This Resolution shall be in full force and effect upon passage and
signatures hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APP' ' DASTOFOR •
14
Da"' B. Heid, City Attorney
Resolution No. 5376
June 19, 2018
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EXHIBIT "A"
STATE OF WASHINGTON
DEPARTMENT OF RETIREMENT SYSTEMS
PO Box 9018, Olympia; WA 98507-9018
TOTAL EXCESS COMPENSATION BENEFIT INVOICE
Regarding: ROSELLE, DAVID B Retirement Date: 05/01/2018
Soc Sec Num: XXX-XX-6732 Birth Date: 01/31/1955
Reason for Invoice: EXCESS COMPENSATION
AUBURN CITY OF
Invoice Nmbr: 01285489
ATTN: PAYROLL OFFICER invoice Date. 06/01/2018
25 W MAIN ST Report Group: 5035
AUBURN WA 98001 System/Plan: PERS 1
Excess compensation liability is discussed In RCW 41.50.150 and DRS Notices 84-002.95-010, &98-001
Calculation of the Total Value of the Excess Compensation
1. Service Prior to 1947: 00.0000 years of service X 0.014285 0.000000
2. Service: (23.77 yrs x 2.OX) 0.475400
3. Vestment Or Nonduty Reduction:1.000000
Total Service Value (1 + 2) x 3 = 0.475416
4. Reported Excess Compensation: 040.5396 x 047.60 (vacation hrs over 240) 01929.6850
5.000.0000 x 0000.00 (sick leave hours) 0.0000
6. Other Dollars: 4.00
Total Excess Compensation (4 + 5 + 6) = 41929.6850
Monthly Excess Compensation:41929.6850 / 24 (AFC months) 080.4035
Excess Benefit: 480.4035 (excess comp.) .x 0.475416 (srvc val) 438.2251
Total Value of Excess Compensation: 438.2251 / 0.0076704 = 44983.46
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Your statement of account activity will show this amount as line Item XC. AMOUNT DUE: $4,983.46
DUE BY: 07/15/2018
Upon receipt of this invoice,you are to notify DRS of your compliance with the public notice requirement.
See RCW 41.50.152.
Questions about the calculation call: MERRILEE MEYER at (360) 664-7136
Or Toll Free 1-800-547-6657, Ext. 47136
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Return your payment to: Department of Retirement Systems
PO Box 9018
Olympia, WA 98507-9018
Resolution No. 5376
June 19, 2018
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