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HomeMy WebLinkAboutORD 4788 RESOLUTION NO. 4 7 8 8 A RESOLUTION OF TME'CITY COUNCIL OF THE CITY OF AUBURN, WA$HINGTON, �4UTHORIZING THE ACCEPTANCE AND APPROFRIATION OF GRANT FUNDS IN THE AMOUNT OF SIXTY TWO THOUSAND AND SIX HUNDRED FIFTY DOLLARS . ($62,650), AND ' AUTHORIZING THE MAYOR AND CITY _CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE DEPARTMENT OF ECOLOGY AND THE CITY OF AUBURN TO • ACCEPT SAID FUNDS FOR IMPLEMENTATION OF THE 2012-2013 'COORDINATED PREVENTION GRANT PROGRAM WHEREAS, King County and the City of Auburn have adopted the King County Solid Waste Management Plan, which includes recycling and waste reduction goals; and WHEREAS, in order to help meet these goals, the Department of Ecology with King County'Solid Waste DiVision has esfablished a multi-phased waste reduction and recycling grant program for the suburban cities; and WHEREAS, this program provides funding to further the development of local waste reduction and recycling forAubum businesses and residents; and WHEREAS, the Au6um City Council of the City of Aubum must adopt and approve all appropriations by Ordinance pursuaM to Chapter 35A.33 RCW; and Resolution No. 4788 December 30, 2011 Page 1 THE CITY COUNCIL OF THE CITY OF AUBURN„WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section L Pursuant to Chapter 35A.33 RCW, the City hereby approves the expenditure and appropriafion of a total amount of SIXTY TWO THOUSAND SIX HUNDRED FIFTY DOLLARS ($62,650) which constitutes. reimbursement of funds #or implementing the 2012-2013 Coordinated Prevention Grant Program. Section 2. The Mayor and Ciry Clerk of the City of Aubum are authorized to execute an Interlocal Agreement with the Department of Ecology for the reimbursement of said funds. A copy of said Agreement is attached hereto and designated Grant No.: G1200277 and is incorporated by reference herein. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry ouf directions of the legislation. Section 4. This Resolution shail be in full force and effect upon passage and signatures hereon. Resolution No. 4788 December 30, 2011 Page 2 Dated and Signed this_�day of _ , 2012. CITY OF AUBURN ETER . L IS MAYOR ATfEST: /��C�.� �-�`-�'-d`�. Danielle E. Daskam, City Clertc APPROVED AS TO FORM: / �_ Daniel B. Heid, City Attomey Resolution No.4788 December 30, 2011 Page 3 �ECE/VEp • COORDINATED PREVENTION GRANT AGREEMENT FEB p 3 ?��Z BETWEEN THE �E��F ECbLO,r`.�y STATE OF WASHINGTON DEPARTMENT OF ECOLOGY C'�OFA(JBURN �T�E C�C�RKS OFFICE CITY OF AUBURN �AR 19 2012 Grant Na: G1200277 This is a binding ageement entered into by and between the state of Washington Department of Ecolo�, hereinafter referred to as ECOLOGY or DEPARTMENT,and the Ciry of Auburn,hereinafter referred to as the RECIPIENT,to carry out the activities described herein. JURISDICTION: CityafAuburn MAILING;ADDRESS: 25 West Main Street CITY,STATE,ZIP: Auburn WA 98001-4998 RECIPIENT GRANT COORDINATOR: Joan Nelson TELEPHONE: 253-931-5103 FAX: 253-876-1900 . E-MAIL: jenelson aQauburnwagov REC[PIENT BILLING/INVOICE COORDINATOR: L.inda Owens T'ELEPHONE: 253-93 I-3003 FAX: 253-87&1900 . E-MAIL: LRainsLauburnwe:gov ECOLOGY GRANT OFFICER: Diana Wadley TELEPHONE: 425-649J056 FAX: 425-649-7193� E-MAIL: DianaWadleyQecy.wa.gov FUNDING SOURCE Local Toxics Control Account MAXIMUM ELIGIBLE COST $83,533.33 STATE GRANT SHARE $62,650 � �LOCALSHARE $20,883,33 . � STATE MAXIMUM GRANT�PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 91-6001228 � EFFECT[VE DATE OF Tf�AGREEMENT 01-01-2012 EXPIRATION DATE OF TIiE AGREEIvIENT 06-30-2013 Grant No.G 1200277 FINAL Ciry of Autiiun Page 2 of 20 PART 1: SCOPE OF WORK The task(s)set forth below summariu the RECIP�NT'S activities to be perfortned under this agreement. Costs are limited to ffiose approved by ECOLOGY as outlined in the current scope of work and budget. The RECII'�NT must complete all deliverables by the expirazion date of tivs agreement,including � 'delivery of purchases,�mless'otherwisestated in the scope of work or approved by ECOLOGY in wriring. Note: The term"task"as used in tivs agreement is interchangeable with the term"p�oject"as tised on the online Solid Waste Information Clearinghouse and"elemenY'as used on payment reguest forms. The"Maximum Eligible CosY'is the maximum amount of eligible cosu incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. The RECIPIENT shall identify the work plan and,acfiviues by"Quarter." A quarter is defined by calendaz yearand begins with the first three months of tt�e grant period. The RECIPIENT may negotiate ctianges to the work plan with the ECOLOGY graM officer. ECOLOGY shall document mutualiy agreed changes to the plan in writing. CATEGORY:Organics 1. TASK 17TLE: Home Compost and Worm Bin Dishibution with Education Maximum Eligible Task Cost $4,450 Task Description: 1'he RECIPIENT will use grant funding to subsidize wholesale purchase and distribudon of residential on-site wmposting containers.The pgrchase will include:two containers designed specifipally for outdoor yard debris composting,one for indoor or outdoor worm composting,and a container designed to accumulate interior compostable materials for home composting.The mix of available containers may change based on wholesale pricing,alternarives,and availability.The RECIPIENT plans to use local retailers to distribute these containers. The RECIPIENT will make the opportunity to participate available to all retailers,and will inform them of this(within reason). The RECIPIENT will also develop(or update as needed)and distribute educational materials to foster awareness about best practices for residential composting.The RECIl'�NT will provide dii�ect assistance to residents in setting up or troubleshooting their compost efforts.The RECIPIENT will survey purchasecs to gather anecdotal data on this task's utility and potential ways to improve it.Task will include these componerts:promotion,printing,mailing serviees; postage,graphics,staff or consultam time for organizing and performing outreach,and puichasing and distribution of compost bins.Revenue received from the sale of bins.will be credited back to the gant. Goal Statement: Through Uus task,more residents will realize the benefits of on-site composting,such as reduction in transportation costs&emissions while providing usefiil soil amendmenu. Providing timely up-to-date advice to practitioners will also increase ffieir awazeness and expertise. Grant No.G1200277 FINAL Ciry of Auburn Page3 of20 Oatcome Ststement: Over the 18-month grant period,the RECIPIENT expecu sales of 250 uniu.The RECIPIENT estimates ongoing diversion of an estimated 250 cubic yazds per year from this task Work Plan,DeGverables aud Activities Timeline: Quarter Activity Q 1 Notify all retailers with potential to carry such producu of this progam and their potential to participatc. Acquire and distribute corrtainers as needed. Develop or continue promotion as needed. Q2 Acquire and distribute containecs as needed(ongoinp�.Develop or cominue promotion as needed(ongoing). Q3 Ongoing Q4 Ongoing QS Ongoing,survey purchazers of bin utility Q6 Ongoing Met6od ot Evaluation: 7'he RECIPIENT will track ttie number and type of containers distributed,number and type of educational materials distributed,and survey purchasers to detecmine utility and on-site use levels(anecdotal self-reported information). Tons of organics diverted will be estimated using an average of waste placed in such bin types mulriplied by the number of bins sold. CATEGORY: Waste ReducGon/Recycling 2. TASK 1TTLE: Residentia!Education and Outreach Maaimum EGgible Task Cost: $21,01333 Task Description: The RECIPIENT will use different forms of inedia and promotional items throughout the gant to p;omote waste reduction and recycling pro�ams ro residents. Efforts may include,but are not limited So:producirig aiid_mailing a newsletter to all single- family residents that inc(bdes iv8ste prevention and reoycling information,and hiring a consultant to give waste reduction arid recycling presentations at various community events. Promotion specifically targeted to;increasing the volnme of offsite-composting of organics is not eligible during thi§ganYCyele. .However,materials or progams addressing contamination in food and yard waste carts is eligible. The RECIPIENT is advised to contact its Ecobp,�v grant officer for prior approval of promotional giveaway items. See page D-5 of the 2012-2013 CPG Guidelines for fwther information. Grant No.G1200277 FINAL - Ciry of Auburn Page 4 of 20 If the RECIPIENT utilizes retailecs for distribution(subsidi7ed sales)of items such as the reusable shopping bags,the opportuniry must be made available for all retailers. Goal Statemeut: The goal of Uris task is to increase Imowledge and practice of waste reduction and recyding among City of Aubum residents by developing new programs and bringng awareness to existing progams. Outcome Statement: The RECPIENT will increase the residertial diversion rate in iu Allied Waste Servicesarea from 39.77%to 41%and the residentialdiversion rate in our Waste Management area will increase from 68.51%to 71%. The RECIPIENT will wnduct inspections of residential recycling before and after outreach efforts to determine whether contaminazion was reduced. Furthermore,the RECIPIENT estimates the following outcomes during the 18-month grant period: Recycling/Reuse:4,750 total tons Residential Contacts: Approximately 17,500 households Residential Contacts: 3,000—5,000 households Work Plan,DeGverables and Activities Time6ne: Qaarter Activity Ql Write service contract&hire consultant;Program,&everrt planning-including a Sustainable Movie Niglit. Create&mail ouueach/eddcation(17,500)newsletters/informatioual pieees. Q2 Promote events/programs,conduct outreach Q3 Ongoing Q4 Ongoing,plus conduct evaluation and write summary of yeaz's accomplishments QS Promote events/programs,conduct outreach Q6 Ongoing,plus conduct evaluation and write summary for end of grart Met6od of Evaluation:The RECIPIENT will evaluate this task by using the tormage reports from the solid waste haulers,examining the amount of contamination before and atter the _ _ _ outreach,and tracking the number of participaMS or anendees at evecits,arid ndinber of materials distritiuted at presentations and events. 3. TASK 1TTLE: Community Yazd Sale Maaimam Etigible Task Cost: $22,940 GrantNo.G1200277 FINAL � CityofAubum � - . Page 5 of 20 � ` Task Description: _ The RECIPIENT will promote waste reduction,reuse,and recycling by sponsoring a three-day giry-wide yazd sale for all single-family residems. Activities include promotion of the event and distribution of yazd sale kiu.to registered participants. Goal Statement: The goal of tivs task is to encourage residenu,to reduce their waste by reusing items. Outcome Statement The RECIPIENT will have at least 200 households participate in the community yazd sale: The sale will divert an estimated 5 tons of reusable items from the landfill. Work Plan,Deliverables ead Activities Timeline: QuaKer Activity Ql Create.&mail 17,500 promotional registration postcazds;print , registration forms;createb promotional ads;create,print&mail 200 yard sale kiu. Q2 Create 4 sale ads to promote event;create&print 200 sale ' map/address flyers. Collect surveys from par[ic'ipants after the yard sale. Q3 None. Q4 None. QS Create&mail 17,500 promotional registrazion postcards;print regisharion forms;create 6 promotional ads;create,print&mail 200 yazd sale kits. Q6 Create 4 sale ads io promote event;create&print 200 sale map/address flyers...Collect surveys from participants after the yard sale. Methad of Evalaation:The RE6Il'IENT will record the number of"Yard Sale Kits" distributed.A survey will.be conducted to determine the number of items sold or given away, fromwhich the tonnage diverted will be estimated. 4. TASK 17TI.E: School Fducation and Outreach Maaimum Eligible Task Cost: $19,740 Task Description: The RECIPIENT,in conjunction with a consultant,will continue its school recycling and waste"prevention campaign directed at the Auburn School District(ASD) studerts. City staff and a consultant will coordinate with the Auburn School District's Resource Conservation Manager to conduct school waste sudits,recycle progam tune-ups,staff trainings,reduction and recycling classroom presentations,and to promote King CouMy School Grant No.G 1200277 FINAL . Ciry of Auburn Page 6 of 20 Programs and Washington Green Schools. The"Powerful Choices"materials will be presented to middle school students in ASD. Waste reduc6on and recycling education and outreach will be offered through multiple methods which may include,but are nar limited to: classroom presentations,on-site visits and training informational hand-outs,and promotional items. Note: promorional items(giyeaways)must have Ecology grant officer approval before purchase. (See page D-5 in the2012-2013 CPG' Guidelines.) Goal Statement: The goal of Uvs task is to increase waste reduotion and recycling awareness among Aubum's elementary and middle school studerts,resulting in more positive waste management behaviors both at home and school. Outcome Statement Over the 18-month�ant period,the RECIPIENT will give 50 elementary classroom presentafions,50 eighth grade middle school(science)classroom presentations and promote other local environmental programs and presentations:. Recyeling/Reuse: 1,325 total tons Business Partieiparrts:(#of schools): 19 schobls Residenfial Participants: 1,500 elementary school students, 1,300 middle school stiidents. Work Plan,DeGverebles and Activities TimeGne: Ql Update Aubum School Distrid(ASD)student co�mt database and recycling programs spreadsheet with ASD Resource Conservation Manager; Write service cotmact&hire consuliant; Meet with RCM and Consultant to plan 2012 outreach; Design and develop or update recycling&waste reduction information&presertazions; Promote&deliVer- recycling&waste reduction information and presentarions. Q2 Continue to promote&deliver recycling&waste reduotion information and presentations;Evaluate&write Summary. Q3 Meet with RCM and Consultant—Outreach planning for 2012- ' 2013;Update recycling&waste reduction infomiation& presentations;Promote&deliver recycling information, classroom presentations and progam tune-ups. Q4 Promote&deliver recycling information,classroom presentations and program tune-ups; Evaluate&write Summary: QS Promote&deliver recycling information,dassroom presentarions and program tune-ups; Pivchase(1)alassroom displays/materials,(1,000)activity books. Q6 Promote&deliver recycling information,classroom presentarions and progam tune-ups�Meet with ASD RCM& Consultant for progam evaluation; Evaluate:&write Symmary. Grant No.G1200277 FINAL Ciry oCAub�irn � Page 7 of 20 Met6od of Evaluation:T'he RECIPIENT will evaluaxe tlps task by the number of studenu reached through classroom presentations. The RECIPIENT will survey the studerrts before and after the presentations to defa1mii�e the effectiveness of the presentarions. Ttie RECII'IENT will work with the ASD Resource Conservation Manager to vack the tons recycled az each school. 5. TASK 7TTLE: Public Place and Event Recycling Bins and Outreach Maximum Eiigible Task Cost $15,390 Task Description: The RECIPIENT will continue to provide recycling opportunities for the public and employees at all City sponsored events and City parks,and event recyciing education through the City Temporary Permit prceess> Gran6 funds will be used to conrinue adding recyding containers and sypplies for use at evenu,parks,and in the downtown area. . Task components include stafftime for researching,installing,maintaining,and servicing containers,purchase of recycling wntainers,as well as paint;deaals,and other related start-up materials. Note: the RECIPIENT is expected to provide the liner bags for permanent bins az its own expense. After initial start-up,the RECIPIENT is also expected to maintain the bins ai its own expense. Goal Statement: The goal.is to increase recycling in public areas and the amow�t of recyclables diverted from landfills. Ontcome Statement: Over the 18-month gant period,the RECIPIENT expects to increase public place recycling diversion by'S%,from 12%(2,90032-gallon bags)to 17%(4,160 32- gallon 6ags),based on garbage collection of 24,462 bags. Work Plan,Deliverables and Activities Timeline: Quarter Activity Ql Update container inventory database;design media campaign. Q2 Order:(-23)containers/liners/lids,(-27)sigiage,(-100)labels, (-36)locks;Promo4e program information—(newspaper ad). Q3 Continue to promote program information. Q4 Con6nue to promoteprogram information;evaluaze collection ' and pmgrams;write siunmary for 2012. QS Update containerinventory database;Cominue to promote program informatiori. Q6 Continue to promote progiam information—(newspaper ad); evaluate collection and program,write final summary. Gmnt No.G 1200277 FINAI, Ciry of Aubum Page 8 of 20 Method of Evaluation:The RECIPIENT will report the number of additional recycling collection containers p�vchased and installed,anecdotal community usage of public area recycling containers,percentage of recycling diverted from the landfill through recycling,and the estimated tonnage of additional recyclable materials collected as a result of this task. PART 2: BUDGET TASK Maximum EGgible Cost Category: Orgsnics $4,450 l. Home Compost and Worm Bin Distribution with $4>450 Education Category:Waste Rednction aud Recycling $79,08333 2.Residernial Education and Outreach $21,01333 3.Community Yazd Sale $22,940 4.School Fducation and Outreach $ 19,740 5.Public Place and Event Recycling Bins and Outreach $ 15,390 TOTAL MAXIMUM ELIGIBLE COST $83,533.33 STATE SHARE(75%) $62,650 LOCAL CASH MATCH(25%) $20,883.33 PART 3: BUDGET CONDTI'IONS A. ECOLOGY requires the RECIPIENT to provide a mazch of 25 percent of the maximum eligible wst with cash or interlocal cosu. Interlocal costs aze the only type of in-ldnd contributions the RECIPIENT may use as match. B. If parties are confibuting to the local share of task costs(match)tivough interlocal-in kind wntributions,the RECIPIENT shall negotiate a memoranda of understanding or other written agreement confirtning the wntribution beriveen the parties.These ageements shall specify the exact work to be accomplished and be signed by all parties contributing to the local maYCh of this task. Copies of these ageemen[s shall be made part of the RECIPtENT'S grant file and submitted to ECOLOGY. Grant No.G l 200277 FINAL Ciry of Auburn Page 9 of 20 C. Overhead is eligible az a rate up to 25 percent of staff salaries and benefits for actual time spent on tasks outlined in this agreement. Salaries and benefits to administer the gart agreement are eligible (excluding time spent to write a grant application). D. The RECIPIENT must submita written request to ECOLOGY to amend budgeu between grant tasks, to modify a scope of work,or for a budget increase or decrease. To increase or decrease the agreemenYs total maximum eligible cosf or change the scope of work for any tasks as outlined in this gant agreement,ECOLOGY requires a formal amendment E. The REC��NT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY. F. Any workperformed or costs incurred prior to the effective date or after the expiration date of this agreement will be at the sole expense of the RECIPIENT. PART 4: SPECIAL TERMS AND CONDI770NS A. BILLING L Unless otherwise approved in writing by ECOLOGY,the RECIPIENT shall submit a payment request to ECOLOGY at least quarterly(by calendar year),but no more often than once per month. 2. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:Al9- lA,B 182,C]/C2.Until there isa ohange in agency policy,the recipient must submit an A-19 signed iri blue ink by an authorized person.The B2 and C2 forms are acceptable in electronic format.The RECIPIENT must also include all backup documentation to support items listed on Form Cl/C2.The budget is organized by task and therefore,the RECIPIENT shall itemize costs by task oreForm Cl/C2 and Form BIB2. Fortns BI and CI are used only when interlocal costs aze used towazds the 25%mazch. 3. My income directly generated as a result of the activities funded 6y this grant shall be repoRed as a credit against the expenses of ttiat activiry,as reqnired.by ECOLOGY'S Administrative Requirements for Recipients ofEcology Grants and Loans, Ecologv Publicazion#91-18: 4. Payment to RECIPIENT will be issued tivough Washington State's Depazunent of Enterprise Services(DES). DES maintains a central vendor file for Washington state agency use to process vendor paymerrts.Tlvs allows vrndors to receive payments from all participating state agencies. RECIPIENTS must re�ster as a state-wide vendor(SV✓V)bysubmitting a state-wide vendor registration form and an II2S W-9 form httn://www.ofin.wagov/isd/vendors/navee reaistration.doc to DES. If you haue questions about the vendor registration process you can contact DES az ffie Payee Help Desk aY(360)664-7779 or email to�ayeehe pdeskna ofin.wa.gov. B. REPORTING 1. The RECII'IENT shall submit a progress repod with each payment request but no less oftenlhan quarterly unless otherwise approved by ECOLOGY. These reports shall include activities that Grant No..G 1200277 FINAL Ciry of Auburn � Page 10 of 20 support incurred cosu shown on the C 1 or C2 of the paymert request,and must be submitted oo- line ttvough the Solid Waste lnforn�ation Clearinghouse: 2. RECIPIENT's must submit a final report of task outcomes through[he Solid Waste Information Clearingtlouse. The final report must be submitted before ECOLOGY can process a final payment request. , a Final Performance Analysis(FPA)reports are used for all Planning mrd Implemen(ation tasks and special tasks in a solid waste enforcement grant(special tasks do notindude regularsolid waste enforcement work such as'enfot+cing solid waste codes). b. For Solid Waste Errforcement tasks;recipients must submit their final quarterly solid waste enforcement progress report. C. DOCUMENTATION 1. The REC�IENT shall submit supporting documentswith each payment request:Tlils includes cancelled checks, invoices,purchase receipts,payroll records,time end attendance records, contract awazd documents,and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form C]/C2. Documentation shalb be clear and legible and organized by task in the order in which it is itemized on Form Cl/C2. 2. The RECQ'IENT shall maintain grant relazed material and supporting documents including invoice vbuchers sent to ECOLOGY in a common file. The Recipient shall keep all suppoiting documents for sudit purposes for at least tivee years from the date the ageement is closed by ECOLOGY. 3. T'he RECIPIENT shall use the ECOLOGY provided Form E,or an equivalent time accounting document approved by ECOLOGY,to record staf�'hours being charged to the gant. D. TRAINING The RECIF'IENT agees to participaze in any ECOLOGY recommended trainings related to managing a CPG agreement. E. MINORITY AND WOMEN'S BUSINESS PARTICII'ATION The RECQ�IENT is encouraged to solicit and recruit,to the extent possible;certified minoriry-owned (MBE)and women-owned(WBE)businesses in purchases and contracts initiated after the effec[ive ', date of tlils agreemerR. � Contract awazds or rejecrions cannot be made based on MBE or WBE participation. M/WBE ' participation is encouraged,however,and Uie RECIl'IENT and all prospecrive bidders or persons submitting qualifications should take the following steps,when possible,in any procurement initiated after the effective date of this agreecnent: a) Indude qualified minority and women's businesses on solicitation lisu. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. J Grant No.G 1200277 FINAL Ciry of Aubum Page I 1 of 20 c) Divide the total requ'vemenu,when economically feasible,into smaller tasks or quantities,to permit mazimum participation by qualified minority and women's businesses. d) Establish delivery schedules,where work requirements pemrit,which will encourage . participaYion of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. � The RECIPIENT should report paymerts made to qualified firms to ECOLOGY at the time of submitting each invoice.Please include the following information on ECOLOGY provided form(Form D). g) Name and state OMWBE certification nwnber(if ayailable)of any qualified firm receiving funds undertheinvoice,including any sub-and/orsub-subcontractors. h) The total dollar amount paid to qualified firms iu�der this invoice. F. PROCUREMENT AND CONTRACTS a) The RECII'IENT shall provide written certification that it will follow its standazd procurement procedures and/or applicable state law in awazding contracts;RECIPIENTS with no fomial procurement procedures must certify thaz they have complied with the"Standards for Competitive Solicitation," found in Part V'of the Adminisrrative:Requirements for Recipients of Ecology Grants and Loans—Yellow Book,Ecology Publicazion#91-18(Revised September 2005). b) Upon issuance,the RECIPIENT stiall submit a wpy of all requests for qualifications(RFQs), requests for proposals(RFPs),and bid documents'ralaeng to this gant agreement to ECOLOGY'S grant officer. c) Prior to corrtract execu6on,the RECII'IENT shall submit all draft documents and a copy of the draft proposed conuact to ECOLOGY'S garn officer for review. Following the conVact __ _ execution,the RECIPIENT shail submit a copy of the final contract to ECOLOGY'sassigried grant officer. d} Unless a specific purchase of equipment or real property is already written into the gant ageement,the RECII'IENT must sutimit a written request to ECOLOGY to putchase any eqtipment or real property(Property)with a single unit putchase price of$5,000 or more. The request shall indude the justification for the purchase of the properry,the total cost,the intended use,and the anticipated useful life of ihe property. The request must be approved in writing by ECOLOGY prior to the purchase. G. USE OF EXISTING CONTRACfS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The REC�IENT shall notify EGOLOGY if it used contracts ernered icito prior to the execution of the grant agreement for performance of grant-funded activities. The RECIPIENT stialf subrsrit a copy of the contract to its assigned ECOLOGY gant officer. The grant eligibility of producu or services secured by the RECIPIENT under existing contracu used Grent No.GI200277 � FINAL City of Auburn Page 12 of 20 to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement. H. PROPERTY AND EOUIPMENT MANAGEMENT AND DISPOSITION For eqtipment or property purchased with a wst of at least$5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system,including physical inverrtory to document the ongoing use,a description of{he item(including serial"or vehicle identification number(VIi�when pbssible),and location. This information shall be submitted to ECOLOGY upon request until final disposition is made. The RECIPIENT shall investigate,document,and report to ECOLOGY any loss,theft or damage upon discovery of such conditions. The RECIPIENT will follow manufactiuer recommended maintenance procedures to keep the property in good operating condition. The RECIPIENT shall submit a written request to the ECOLOGY for any intent to,change the use of the equipment as outlined in this grant agreement, including uses past the expiration:date of this agreement. Disposition of the equipment shall be determined by ECOLOGY and documerned in writing. A copy of the determinztion ivill be provided to the RECII'IENT upon , ECOLOGY's closure of the grant agreement unless already identified in the task's swpe of work o If the equipment is necessary for the continued operation of the project or other projecu administered tivough ECOLOGY,the grant officer may insWct the recipient to retain the equipment with no further compensation to ECOLOGY. o If the project has no fiuther significant use for the equipment,the grarrt o�cer may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's shere of the current fair mazket 4alue,sale proceeds or other price agreed upon by the gant officer. o The grant officer may instruct the recipient to hansfer title to ECOLOGY or to a th'vd party named by ECOLOGY who is eligible under existing statutes. I. ALL WRiTINGS CONTAINED HEREIN Thisagreement, induding the"General Terms and Conditions,"Program Guidelines— Coordinated Prevention Grants 2012-2013,and ECOLOGY'S Administrative Reguiremenls for Recipients of Ecolog�Grcmts and Loans. Ecology Publication#91-18,contain the entire understanding between the pazties,and there aze no arher understandings or representatipns except as those set forth or incorporated by reference herein. No subsequent modification(s)o"r amendment(s)of this gant agreement shall be of any force or effect unless in writing,signed by authorized representatives of the RECII'IENT and ECOLOGY and made part of Uus agraement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECII'IENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to the azcheological or cultural resources.RECIPIENT shall immediately cease work and noufy ECOLOGY if any archeological or cultural resources are Found while condacting work under this_ ageemerit. In tFie event that historical or cultaral artifacts are discovered at the project site,the RECIPIENT shall also norify the state historic preservation officer at the Department of Archaeology and Historic Preservation az(360)586-3065.Applicability of the National Historic Preservation Act(NHPA)may require the RECIPIENT to obtain a permit pursuant to Chapter Grant No.G1200277 FINAL City of Auburn Page 13 of 20 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling,clredging,or cleanup actions). K ENVIRONMENTALLY PREFERRABLE PURCHASING In a joint effort tosave cosu,produce,energy sayings and prevent waste,the RECIPIENT'agrees to use both sides of paper sheets for eopying and printing. The RECII'IENT also agr8es to purchase paper products with a high level of post canstimer recycled contem whenever it is comparable in quality,availability and price PART 5: GENERAL TERMS AND CONDTTIONS Pertainiug to Grant and Loan Agreements of the Deparhnent of Emlogy,SS-0]0 Rev.04/04 A. REG�IENT PERFORMANCE All activities for which gant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENTs employees. The RHCIPIENT'shall only use contractor/consultant assistance if that has beere included in Uie agreemenY s final scope of work and bttdget: B.. SUBGRANTEFJCONTRACfOR COMPLIANCE The RECIP�NT must ensure that all subgantees and contractors comply with the terms and conditions of this ageement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracu entered into by the RECIPIENT pursuant to Uus agreement,the state of Washington is named as an express tlilrd-party beneficiary of such subcontract5 with full riglm as such. D. CONTRACTING FOR SERVICES(BIDDING) Contracu for construction,purchase of equipment and professional architectural and engineering services shall be awarded througha competitive process,if�equired by State law. RECIPIENT shall retain copies of all bids received and contracts awarded,for inspection and use by the DEPARTI�NT. E. ASSIGNMENTS No right or claim of the RECIf'IENT arising under this agedment shall be uansfened or assigned tiy the RECIP�NT': F. COMPLUINCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal,State and local laws,orders, regulations and pertnits. Prior to commencement of azry construction,the RECIPIENT shall secure the necessary approvals and permits required by suthorities having jwisdiction over the project,provide assurance to the DEPAR"['[viENT that all approvals and permiu have been secured,and make copies available to the DEPARTMENT upon request. Grant No.G 1200277 FINAL City of Auburn , Page 14 of 20 2. Discrimination.7'he DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws,regulations,and policies against discrimination. The RECIPIENT further agees to affirmatively support the program of the�ce of Minoriry and Women's Business Enterprises to , the maximum e�ctent possible. If the agreement is federally-funded,the REC�IENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages and Job Safery.The RECIP�NT agrees to comply with all applicable laws,regulations, and policies ofthe United States and the State of Washington which affect wages and joti safety. 4. Industrial Insurance.The REC[PIENT certifies full compliance with all applicable state indusffial insurance requirements. If the RECIPIENT fails to comply with such laws,the DEPARTIvtENT shall have the right to immediately terminate this agreement for cause as provided in Section K.l, herein. G. KICKBACKS The RECII'IENT is prohibited from inducing by any means any person employed or otherwise involved in this project to gve up any part of the compensation to which he/she is otherwise entitled or,receive any fee,commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete progam and financial records relating to this ageement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All granUloan records shall be open for audit or inspection by the DEPARTIvIENT or by any duly suthorized audit representazive of the Staze of Washington for aperiod of at least tivee,years after the final grant paymenUloan repayment or any dispute resolution hereunder. If any such addits identify discrepancies in the financial records,the RECIPIENT shall provide clarificazion and/oi make adjushnents accordingly. 3. All work performed under this agreement and any equipmert purchased,shall be madeavailable to the DEPARTMENT and to any authorized state,federal or lceal representative for inspection ai any time dwing the course of this ageement and for at least three years following granUloan terminazion or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circulaz A-133 (Audits of States,Local Governments&Non Profit Organizations),including the compliance Supplement to OMB Circulaz A-133, if the RECIPIENT expends$500,000 or more in a yeaz in Fedecal funds: T'he $SOQ000 threshold for each yeaz is a cumulative total of all Federal funding from all sources. 7'he RECIPIENT must forward a copy of the audit along with the RECIP�NT'S response and the final cocrective action plan to the DEPARTMENT within ninety(90)days of the date of the audit ' report. GrantNo.G1200277 F[NAL . City of Auburn Page I S of 20 L PERFORMANCE REPORTWG The RECIPIENT shall submit progess reports to the DEPARTIvIENT with each payment request or such other schedule as set forth in the Special Conditions. T'he RECIPIENT shall also report in writing to the DEPARTIvIENT any problems;delays or adverse conditions which will materially affect their ability to meet project objectiJes or 6me schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTIvIENT to resolve the situatiom Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through Mazch 31,April 1 through June 30,July 1 tivough September 30,and October 1 through December 31. Reports shall be due within thirry(30) days following the end of the quarter being repoRed. J. COMPENSATION l. Method_of compensation. Payment shall normally be made ona reimbursable basis as specified in the grant agreement_and no more often than once per month. Fach request for payment will be _ . _.. _ . ... submitted by the RECII'IENT on StaYe voucher.request forms provided by the DEPARTMENT along with documentation of the eicpenses. Paymenushall be made for each task/phase of the project,or portion ther�f,as set out in tlie Scope of Work when cortipleted by the RECIPIENT and approved as satisfactory by the Project Officer. The paymerrt request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the paymert requests are found in"Adminislrative Requirements for Recipiems of Ecology Grants and Loans",part N, published by the DEPARTMENT. A copy of thisdocument shall be fwnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT,payments will be made to the mutually agreed npon designee. Payment requests shall be sulimitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement 2. Period of Compensation. Paymenu shall only be made for actions of the REC��NT pursuant to the gant/loan agreement and performed after the effecrive date and prior to the expiration date of - this agreement,unless those dates are specifically modified in wriring as provided herein. 3. Final Request(s)for Payment The RECIPIENT should submit final requests for compensation within forry-five(45)days after the expiration date of tliis agreement and within fifteen(15)days after the end of a fiscal biennium. Failure to comply may resu14 in delayed reimbursement. 4. Performance Guarantee. 7'he DEPARTMENT may withhold an amount not to exceed ten percem (10%)of each reimbursement payment as security fordhe RECIPIHNT's performance. Monies withheld by the DEPARTMENT inay be paid to the RECII'IENT when the project(s)described herein,or a poRion thereof,have been wmpleted if,in the DEPARTMENT's sole discretion,such payment is reasonable and approved according to this ageement and,as appropriate,upon completion of an audit as specified under section J.6 hetein. 5. Unauthorized Expcnditures. All payments to the RECIPIENT may be subject to final audit by the DEPAR7'MENT and any unauthorized expendiMe(s)charged to this grant/loan shall be refunded to the DEPAR7'MENT by the RECIPIENT. Grant No.G1200277 FINAL CiTy of Aubum Page 16 of 20 6. Mileage and Per Diem. if mileage and per diem arepaid to the employees of the RECIPTENT 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. K. TERNIINATION 1. For Cause. The obligation of the DEPARTWIENT 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 DEPARTIVIENT,to perform any - obligation required of it by this agreement,the DEPARTMENT may refuse to pay any further funds thereunder and/or tertninaze this ageement by giving written notice of termination. A written notice of tertnination shall be given at least five working days prior to the effective date of tertnination. In that event,all finished or unfinished documents,data studies, swveys, drawings,maps,models;photogaphs,and reports or other materials prepazed by the RECIP�NT under this ageement,az the option of the DEPART'MENT,shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensa[ion 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 DEPARTWIENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIF'IENT. The DEPARTMENT may withhold payments for the ' purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIEN'I'is tletermined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legis(azive appropriazion and state allotrnent. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the neM fiscal year. The Failure to appropriate or aIIM such funds shall be good cause to terminate this agreement as provided in pazagraph K.l above. When this ageement crosses the RECIP►ENTs fiscal year,the otiligation of the REEII'IENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENTs governing body;provided, however,that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four monthsafter the effective date of this agreement,or by any date mutually agreed upon in writing for commencement of work,the DEPARTIvIENT reserves the right to terminate this agreement. L WAIVER Waiver of any RECIE'IENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is nota waiver of any subsequent breach and will not be construed as a modification of the ferms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. GrantNo.GI200277 FINAL ' � City of Aubum Page 17bf20 M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable properry,the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free;nonexclusive and irzevocable license to reproduce, publish,recover or otherwise use the material(s)or property and to authorize others to use the same for federal,state or local government purposes. Where federal funding is involved,the federal government may havea proprietary interest in patern rights to any inventions that are developed by the REC[PIENT as provided in 35 U.S.C. 200-212.. 2. Publicazions.: When the RECIPIENT or persons employed by the RECIP�',NT use or publish information of the DEPARTMENT;present papers, lec[ures,or seminars involving information supplied liy the DEPARTMENT;use logos,reports,maps or other data, in printed reports,signs, brochures,pamphlets, etc.,appropriate credit shall be given to the DEPARTIvIENT. 3.. Tangible Property Rights. 71ie DEPARTMENT's current edition of"Administrative Requirements for Recipierns of Ecology Granu and Loans",Part V,shall control the use and disposition of all real and personal pmperty purchased wholly or in part with funds fwnished by the DEPARTMENT in the absence of state,federal statute(s),regulation(s),or poGcy(s)to the contrary or upomspecific insuuctions with respect thereto in the Scope of Work.. 4. Personal Property Fumished by the DEPART'MENT. When the DEPARTMENTprovides personal property directly to the RECII'IENT for use in performance of the project,if shall be retumed to the DEPARTIvIENT prior to final payment by the DEPARTMENT. If said property is lost,stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair mazket value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes fundsfor the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this ageement,the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide saTisfactory evidence of;itle or abiliry to acquire title for each pazcel prior to disbursemerrt of funds providedby this ageement. Such evidence may include title insurance policies,Torreds certificates;or absVacts;and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would imp"air the uses contemplated by this,agreement: 6. Conversions. Regardless of the contract terminazion date shown on the cover sheet,the RECIPIENT shall not at any time conveR any equipment,property or faciliry acquired or developed pursuant to thisagreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be wnditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbiance which monies granted pursuant to this agreement beaz to the total acquisition,purchase or conslruction costs of such property. � Gran[No.G1200277 FINAL Ciry of Auburn Page 18 of 20 . N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is encouraged to implement sustainable pracfices where and when possible. These practices include use of clean energy;and purchase and use of sustainably produced products(e.g. recycled paper). For more informarion,see www.ecy.wa.gov/sustainability. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is conringent upon sazisfactory 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 6y this agreement,the RECIPIENT may,at the DEPARTMENT's sole discretion,be required to repay to the DEPARTMENT all gant/loan funds disbursed to the RECIPIENT for those parts of the project thaf are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue aY the rate of twelve percent Q 2%)per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued tiy the DEPARTMENT due to insufficient funds as in Section K.2 above,the RECIPIENT shall not be obligated to repay monies which hadbeen paid to the REC�IENT priorio such terminatioa My property acquved underthis . agreement,at the option of the DEPARTMENT,may become the DEPARTMENT'S property an8 the RECIPIENT'S liabiliry.to repay monies shall be reduced by an amount reflecling the fair value of such property. P. PROJECT APPROVAL The e�ctent and character of all work and services to be perFormed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the e7ctent and cfiaracter of the work xo be done;the determination of the Project Officer or other designated o�cial as to the extent and character of the work to be done shall'.govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement,any dispute conceming a quesrion of fact azising under this agreement which is not disposed of in writing shall be decided by the Project Ofticer 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 firom the daze of receipt of such statement,the RECIPIENT mails or otherwise fumishes to ,the Di�ector of the DEPARTMENT a written appeal. � In connection withappeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or dulyauthorized representative for the determination of such appealsstlall be fmal and conclusive. Appeals&om the Director's determination shall be.brought in the Superior Gourt of Thurston County. Reyiew of the decision of the Director will not be sought before eitherShe Pollution Control Hearings _ _ . . Boazd or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the RECIPIENT shall proceed diligently with the perfortnance of this agreement and in acwrdance with the decision rendered. Gran[No.G1200277 FINAL � City of Aubum Page 19 of 20 R CONFLICT OF INTEREST No officer,member,agent;,or employee of either party to this ageement who exercises any function or responsibility in the review,approval,or cazrying out of this agreement,sha1P paiticipate in any decision which affects his/her personal interest or the interest of any corporation,parMership or association in which he/she is,directly or indiiectly iMerested;nor shall he/she have any personal or pecuniary interest,direct or ind'vect,in this agreement or the proceeds thereof. ' . . . . . :,. ,� ::.. , S. INDEMNIFICATION '..d. .The•DEPARTMENT shall in no,way:be held msponsible for payment of salaries;consultarn's � fees,and othe�costs related to the project described fierein,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 pazty or that party's agents or employees arising out of Uils ageement. T. GOVERNING LAW This agreement shall be governed tiy the laws of the State of Washington.. U. SEVERABILTTY If any provisian of this ageement or any proyision of any document incorporated by reference shall be held invalid,such invalidity shall nbt affect the other proyisions of this ageement which can be �ven effect without the invalid provision,and to this end the provisions of this agreement aze declared to be severable. V. PRECEDENCE In the event of inconsistency in this a�eemetrt,unless otherwise provided herein,the inconsistency shall be resolved by�ving precedence in the following order: (a)applicable Federal and State statutesand regulations;(b)Scope of Woik;(c)Special Terms and Conditions;(d)Any terms incorporazed herein by reference including the"Administrafive Reguirements for Recipienu of Ecology Cmants and Loans';and(e)the General Terms and Conditions. Grant No.G 1200277 FINAL Ci4y�of Auburn Page20.of 20 IN WITNESS WHEREOF,t6e parties si�this Agreemenh STATE OF WASHINGTON CTfY OF AUBURN DEPARTMENT OF ECOLOGY ,�,p . 3�/a/�1 .�Q'.�-(,c-t-� �C I , �G�-�� 9�I2 Laurie G.Davies ' Date Authori• icial Date Program Manager � Waste 2 Resources Progam Printed ame and TiUe bf igia ry� APPROVED AS TO FORM ONLY Assistant Attorney General