HomeMy WebLinkAboutGR1990-0196 - Original - Department of Ecology - Centennial Clean Water Fund - Water Quality Management Plan - 02/05/1990 DEPARTMENT OF ECOLOGY GRANT AGREEMENT
THIS is a binding agreement entered into by and between the State of
Washington, Department of Ecology, (Mailstop PV-11, Olympia, Washington
98504) hereinafter referred to as the "DEPARTMENT" and the City of Kent,
hereinafter referred to as the "GRANTEE" . The purpose of this agreement is
to provide funds to the GRANTEE to carry out the activities described
herein.
GRANTEE Name: City of Kent
GRANTEE Address: 220 4th Avenue South
Kent, Washington 98032-5895
GRANTEE Authorized Representative: Dan Kelleher,
Mayor
GRANTEE Telephone Number:
GRANTEE Contact: Suzan Amundsen
GRANTEE Contact Telephone Number: (206) 859-3383
GRANT Number: TAX90121
The source of funds provided by the DEPARTMENT is the Centennial Clean Water
Fund.
For the purpose of this agreement, the Project Officer assigned for the
DEPARTMENT shall be Janie C. Civille.
Grant Amount: Eligible Project Cost $50,400.00*
State Grant Share $37,800.00*
Local Share $12,600.00*
*with 5% contingency
State Maximum Cost Share Rate is 75%.
The amount withheld by the DEPARTMENT from each payment for security
performance shall be 5%.
The maximum allowable deviation for each Budget Task shall be 5% of that
task's total amount.
The effective date of this grant agreement shall be the date this agreement
is signed by the DEPARTMENT. Any work performed prior to the effective date
of this agreement without prior written authorization and specified in
Special Conditions will be at the sole expense and risk of the GRANTEE.
The project described herein must be completed on or before May 1, 1991.
This agreement shall expire no later than November 1, 1991.
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
SCOPE OF WORK
1.0 PROJECT DESCRIPTION
The purpose of this project is to update the GRANTEE's comprehensive Water
Quality Management Plan, which was developed in 1982 (the 111982 Plan") . The
1982 Plan called for water quality monitoring, development controls, and
established a surface water utility. Monitoring data indicates that despite
implementation of the 1982 Plan, degradation of water quality in the Kent
valley continues to occur, and is increasing. This grant will allow the
GRANTEE to review and revise the 1982 Plan, develop structural and
regulatory alternatives for nonpoint pollution control, and integrate
elements of new regional and statewide stormwater regulations into the 1982
Plan. The updated Water Quality Plan (the 111991 Plan") will be an addendum
to the GRANTEE's Drainage Master Plan.
The goals of the project are to reduce detrimental effects of stormwater
runoff, maintain or improve stream habitat and wetlands' water quality
functions, and protect beneficial uses of water in the Kent valley and
highlands
2.0 MAJOR PROJECT ELEMENTS
Task 1 - Evaluate Existinz Plan
The GRANTEE shall develop goals and objectives for water quality, with
guidance from the public. The GRANTEE shall conduct a public meeting to
obtain input on the community's perception of existing water quality,
desired goals and objectives for the 1991 Plan, direction of planning
efforts, and priorities for controlling sources of water pollution.
Comments from the hearing shall be recorded, incorporated into the
evaluation and shall be used to determine areas of emphasis throughout the
following Tasks.
The GRANTEE shall evaluate the 1982 Plan and its effectiveness in reaching
the water quality goals developed above. Beneficial uses and the existing
condition of all water bodies (including wetlands) within the city limits
shall be identified and characterized. Existing monitoring data from the
basins shall be compiled for the listed water bodies. Current activities
and ordinances of the GRANTEE and other agencies that are called for in the
1982 Plan, or that affect water quality in the listed water bodies, shall be
identified. Sources of nonpoint pollution in each of the sixteen basins
identified by the Surface Drainage Utility shall be listed, and existing
information on those sources shall be compiled.
Page 2 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
The GRANTEE shall evaluate the compiled information and determine to what
extent current activities and ordinances are meeting the goals and
objectives for water quality within the city limits. The GRANTEE's
activities shall be analyzed for coordination with other agencies' roles and
activities, to eliminate duplication of effort and cost.
The GRANTEE shall prepare an evaluation memorandum that includes: the
GRANTEE's water quality goals, information gathered on the sixteen basins
and water bodies within them, lists and analyses of agency activities, and
effectiveness of those activities. The memorandum shall be a chapter in the
1991 Water Quality Plan produced by this project. The GRANTEE shall submit
the memorandum to the DEPARTMENT for review and comment.
Required Performance:
Written evaluation of 1982 Water Quality Plan
Completion Date: June 30, 1990
Estimated Cost: $22,000.00
Task 2 - Develop and Propose Alternatives
The GRANTEE shall propose modifications to current activities and
ordinances, and identify additions to the 1982 Plan that will increase
effectiveness in meeting water quality goals. At a minimum, the GRANTEE
will examine the following alternatives:
Development controls and drainage requirements;
Design criteria for stormwater treatment;
Biofiltration and landscaping requirements;
BMPs for nonpoint pollution control;
Incentives and disincentives;
Code and/or regulatory changes;
Enforcement actions and voluntary participation; and
Operational procedures for public works, parks, and utilities
crews who perform construction and maintenance for the GRANTEE.
Other jurisdictions who are active in stormwater treatment shall be
contacted for additional control methods, and comments from the public shall
be reviewed for innovative ideas. The alternatives shall be examined for
effectiveness, practicality, redundancy with other agencies' programs, and
political feasibility.
The GRANTEE shall develop strategies for educating the public on water
quality issues. The target groups should include homeowners, small and
large businesses, schools, dairy and agricultural interests, and other
appropriate groups within the GRANTEE's jurisdiction. Materials already
developed by other local and state agencies may be used. The GRANTEE shall
coordinate with other nonpoint planning efforts, such as the Green-Duwammish
Watershed Action Plan.
Page 3 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
The existing water quality monitoring procedures will be reviewed for
adequacy of station locations, parameters analyzed, sample timing and
frequency, and stream inventories. The procedures shall be modified to
assure that information needed to determine the success of the revised Plan
will be available. The DEPARTMENT's "Guidance for Conducting Water Quality
Assessments, 89-28, " shall be followed in developing the monitoring program.
The GRANTEE shall ensure that all agencies with jurisdiction are involved
during the development of proposals and alternatives, and that their
comments are actively sought during this process. The GRANTEE shall prepare
drafts of the analysis of alternatives, education plan and monitoring
program, and submit them to the DEPARTMENT for review. The products of
Task 2 shall be included as chapters in the 1991 Water Quality Plan.
Required Performance:
Draft analysis of proposed alternatives
Draft education plan
Monitoring program
Completion Date: September 30, 1990
Estimated Cost: $15,000.00
Task 3 - Prepare 1991 Water Quality Plan
The GRANTEE shall prepare a draft 1991 Water Quality Plan that consists of
the results of Tasks 1 and 2. An implementation schedule will be included
in the 1991 Plan that clearly identifies responsible agencies, and
departments within the City that will carry out the 1991 Plan. The draft
1991 Plan will include proposals for financing, including possible
modifications to the rate schedule specified in the 1982 Water Quality Plan.
The draft shall be submitted to the DEPARTMENT for review, allowing thirty
days for comment. The draft will be submitted to all other affected
agencies and the public for comment. The GRANTEE shall produce a final 1991
Water Quality Plan, and incorporate comments where appropriate.
Required Performance:
Prepare a draft 1991 Plan
Solicit agency and public comments on the draft
Produce final 1991 Water Quality Plan
Completion Date: January 15, 1991
Estimated Cost: $7,000.00
Task 4 - Project Administration
The GRANTEE shall be responsible for the effective and efficient
administration of this grant project. Administration shall include, but is
not limited to project supervision, coordination of scheduled activities,
Page 4 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
record keeping and management, financial accounting, and report preparation.
The GRANTEE will ensure that the grant project is conducted according to the
details of this agreement and will carry out the project within the
approximate time schedule outlined in the agreement. The GRANTEE will
assure that the project is carried out in a manner that does not reflect
adversely on the DEPARTMENT or the GRANTEE.
The GRANTEE will ensure that effective communication is maintained with the
GRANTEE's designees, the DEPARTMENT, affected local, state or federal
jurisdictions, and interested individuals.
The GRANTEE shall prepare a final project report in draft form and submit
five (5) copies to the DEPARTMENT for review and approval by February 1,
1991. The report shall summarize major findings of each Task and include
the 1991 Water Quality Plan as an appendix. The DEPARTMENT shall review the
draft final report, make recommendations for revisions, corrections, or
additions for inclusion in the final report, and return comments to the
GRANTEE by March 15, 1991 (or within forty-five days of submittal) . The
GRANTEE will review the DEPARTMENT's comments, revise the draft report, and
submit fifteen (15) copies of the final report to the DEPARTMENT by May 1,
1991.
Required Performance:
Quarterly progress reports on project.
Monthly/quarterly A19-A vouchers with complete backup for expenditures,
including time sheets and receipts.
Draft project final report detailing results of Tasks 1-5, submitted by
February 1, 1991.
Final version of project report submitted by May 1, 1991.
Completion Date: May 1, 1991
Cost: $4,000.00
Page 5 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
3.0 BUDGET INFORMATION
3 1 Budget Summary
Task 1. Evaluate Existing Activities $22,000.00
Task 2. Develop Alternatives $
15,000.00
Task 3. Produce Plan $ 7 ,000.00
Task 4. Project Administration $ 4000.00�---
Subtotal $48,000.00
5% Contingency $ 2 400.00
TOTAL ELIGIBLE PROJECT COST $50,400.00
w/o contingency w/contingency
State Share (75%) $36,000.00 $37,800.00
Local Cash Match (25%) $12,000.00 $12,600.00
3.2 Contingency Fund
A contingency allowance is included in the grant for unanticipated costs
associated with the project. Use of the allowance must be consistent with
the scope of work in the grant agreement and will only be authorized under
exceptional circumstances at the sole discretion and approval of the project
officer.
1.3 Budget Flexibility
A dollar amount equal to five percent of a budget task can be reassigned or
shifted to another budget task in the above Budget Summary if concomitant
savings of five percent are realized in the other budget tasks such that the
roval is received
total project cost remains unchanged and that written app
from the Contract/Project Officer of the DEPARTMENT.
Page 6 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
4.0 PROJECT SCHEDULE
1990 1991
F M A M J J A S 0 N D J F M A M
TASK xxxxx
TASK x x x x x
TASK x x x x x x
TASK 4 x x x x x x x x x x x x x x x x
5.0 SPECIAL TERMS AND CONDITIONS
1. Financial Records. It shall be the responsibility of the GRANTEE to
maintain appropriate financial records throughout the life of the project
and to comply with the latest version of the DEPARTMENT's Financial
Guidelines for Grants Management.
2. Invoice Vouchers. All A19-A state invoice voucher request forms
submitted by the GRANTEE shall include backup documentation which assigns
invoiced costs to the appropriate task element listed in 3.0 Budget
Information. Quarterly cashflow projections for each quarter of the project
based on the state fiscal year will be submitted with the first request for
billing. Projections may be updated as needed.
3. Architectural/Engineering Procurement. The GRANTEE shall submit
evidence that Chapter 39.80 RCW, Contracts for Architectural and Engineer iin
Services has been complied with in selecting qualified architectural/
engineering services. Evidence will consist of a letter from the grant
signatory and legal counsel of the GRANTEE that all requirements of Chapter
39.80 RCW have been satisfied by the GRANTEE. All architectural and
engineering contracts will follow a cost-plus-fixed-fee (profit) format.
4. Department Review of Contracts. The GRANTEE shall submit to the
DEPARTMENT for review copies of all proposed contracts. Contracts or
subagreements may not be entered into without the written approval of the
DEPARTMENT.
5. Contract Copies. The GRANTEE shall submit to the DEPARTMENT for its
files, copies of all signed contracts and subsequent amendments awarded to
the contractor engaged to perform any work outlined herein. Copies of all
bids, and all contracts awarded, shall be retained by the GRANTEE.
6. Minority and Women's Business Enterprises Participation. The GRANTEE
agrees to utilize to the maximum extent possible, minority owned and women
owned businesses in purchases and contracts under this agreement initiated
Page 7 of 9
GRANT NO: TAX9O121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
after the effective date of this agreement.
In the absence of more stringent goals established by the GRANTEE's
jurisdiction, the GRANTEE agrees to utilize the DEPARTMENT's goals for
minority and women owned business participation in all bid packages, request
for proposals and purchase orders. These goals are expressed as a
percentage of the total dollars available for the purchase or contract and
are as follows:
Minority owned business participation . . . . . . 10%
Women-owned business participation . . . . . . . 6%
The GRANTEE and ALL prospective bidders or persons submitting qualifications
shall take the following steps in any procurement initiated after the
effective date of this agreement:
1. Include qualified minority and women's owned businesses on
solicitation lists;
2. Ensure that qualified minority and women's businesses are
solicited whenever they are potential sources of services or
supplies;
3. Divide the total requirements, when economically feasible into
smaller tasks or quantities to permit maximum participation by
qualified minority and women's owned businesses;
4. Establish delivery schedules, where requirements of work
permit, which will encourage participation of qualified minority
and women's businesses; and
5. Use the services and assistance of the State Office of Minority
and Women Owned Business Enterprises, and the Office of Minority
Business Enterprises of the U.S. Department of Commerce as
appropriate.
The GRANTEE shall provide written certification, on a form provided by the
DEPARTMENT, that the above steps were/will be followed.
The GRANTEE shall report to the DEPARTMENT at the time of submitting each
invoice, on forms provided by the DEPARTMENT, payments made to qualified
firms. The report will address:
a. Name and State Office of Minority and Women Owned Business
Enterprises (OMWBE) certification number of qualified minority
and/or women's business(es) receiving funds under the voucher,
including any sub- and/or sub-subcontractors.
b. The total dollar amount paid to qualified firms under this
invoice.
Page 8 of 9
GRANT NO: TAX90121
GRANTEE: City of Kent
PROJECT TITLE: Water Quality Management Plan
7. Acknowledstment of Ecology Particivation. The Washington State
Department of Ecology will be acknowledged for providing grant funding in
all press releases, publications, and oral presentations where the project
is described or results of the project are presented. Publication cover
requirements will be provided by the DEPARTMENT.
8. Local Agreements. A Memorandum of Understanding or other types of
written commitments shall be prepared between all parties contributing to
the local match of this project. Copies of such agreement shall be
transmitted to the Project Officer for placement in the grant file.
9. Identification Sign. A sign shall be erected identifying the project,
and left in place for the duration of the grant. The sign shall be in
accord with specifications provided by the DEPARTMENT.
10. Cashflow Estimates. The GRANTEE shall prepare an estimate of
expenditures by quarter and submit this estimate to the DEPARTMENT.
Cashflow estimates shall be revised and/or updated whenever major changes
occur and at a minimum of every three (3) months.
10. All Writings Contained Herein. This agreement, the appended General
Terms and Conditions, the DEPARTMENT's current edition of Financial
Guidelines for Grants Manaeement, and the appropriate Program Guidelines
contain the entire understanding between the parties, and there are no other
understandings or representations set forth or incorporated by reference
herein. No subsequent modification(s) or amendment(s) of this agreement
shall be of any force or effect unless in writing, signed by authorized
representatives of the GRANTEE and DEPARTMENT and made a part of this
agreement; EXCEPT, that in relation to change of Project Officer, the
DEPARTMENT may modify or amend this agreement without the signature of the
GRANTEE.
STATE OF WASHINGTON CITY OF KENT
DEPARTMENT OF ECOLOGY
JANIE C. CIVILLE
DATE DAN KELLEHER, MAYOR DATE
PROJECT OFFICER
JOS H R. WILLIAMS DAT
PR RAM MANAGER, WATM QUALITY\
FINANCIAL ASSISTANCE `FROGRAM
Approved as to form only:
Assistant Attorney General
Page 9 of 9
GENERAL r TERMS AND CONDITIONS
Pertaining to Grant Agreements of
the Department of Ecology
A. GRANTEE PERFORMANCE
All activities for which grant funds are to be used shall be accomplished by the GRANTEE and GRANTEE's employees. The
GRANTEE shall not assign or subcontract performance to others unless specifically authorized in writing by the
DEPARTMENT.
B. SUBGRANTEE COMPLIANCE
The GRANTEE must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The GRANTEE shall ensure that in all subcontracts entered into by the GRANTEE pursuant to this agreement,the state of
Washington is named as an express third-party beneficiary of such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES(BIDDING)
Contracts for construction,purchase of equipment and professional architectural and engineering services shall be awarded
through a competitive process,if required by State law. The GRANTEE shall not advertise for bids for construction until
receipt of written approval from the DEPARTMENT. No contract shall be awarded or rejected until approved in writing by the
DEPARTMENT. GRANTEE shall retain copies of all bids received and contracts awarded,for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the GRANTEE arising under this agreement shall be transferred or assigned by the GRANTEE.
F. COMPLIANCE WITH ALL LAWS
1. The GRANTEE shall comply fully with all applicable Federal,State and local laws,orders,regulations and permits.
Prior to commencement of any construction,the GRANTEE shall secure the necessary approvals and permits required by
authorities having jurisdiction over the project,provide assurance to the DEPARTMENT that all approvals and permits have
been secured,and make copies available to the DEPARTMENT upon request.
2. Discrimination.The DEPARTMENT and the GRANTEE agree to be bound by all Federal and State laws,regulations,and
policies against discrimination. The GRANTEE further agrees to affirmatively support the DEPARTMENT's minority
contract procurement program to ensure,to the maximum extent possible,the participation of women and minority owned
businesses in all subcontracts awarded under this agreement. The GRANTEE shall report to the DEPARTMENT the
percent of grant funds available to women or minority owned businesses.
3. Wages And Job Safety.The GRANTEE agrees to comply with all applicable laws,regulations,and policies of the United
States and the State of Washington which affect wages and job safety.
4. Industrial Insurance.The GRANTEE certifies full compliance with all applicable state industrial insurance requirements. If
the GRANTEE fails to comply with such laws,the DEPARTMENT shall have the right to immediately terminate this
agreement for cause as provided in Section K.1,herein.
G. KICKBACKS
The GRANTEE is prohibited from inducing by any means any person employed or otherwise involved in this project to give up
any part of the compensation to which he/she is otherwise entitled or,receive any fee,commission or gift in return for award of
a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The GRANTEE shall maintain complete program and financial records relating to this agreement. All grant 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 GRANTEE.Such records shall clearly indicate total receipts and expenditures by fund source and object
classification.
2. All grant records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit
representative of the State of Washington for a period of at least three years after the final grant payment or any dispute
resolution hereunder. If any such audits identify discrepancies in the financial records,the GRANTEE shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased,shall be made available to the DEPARTMENT and
to any authorized state,federal or local representative for inspection at any time during the course of this agreement and for
at least three years following grant termination or dispute resolution hereunder.
4. GRANTEE shall meet the provisions in OMB Circular A-128(Audit of State and Local Governments)or OMB Circular
A-110(Uniform Requirements for Grants to Universities,Hospitals and Other Non-Profit Organizations)if the GRANTEE
receives federal funds in excess of$25,000. The GRANTEE must forward a copy of the state auditor's audit along with the
GRANTEE response and the final corrective action plan as approved by the SAO to the DEPARTMENT within ninety(90)
days of the date of the audit report.
1. PERFORMANCE REPORTING
The GRANTEE shall submit progress reports to the DEPARTMENT on a quarterly basis or such other schedule as set forth in
the Special Conditions. The GRANTEE shall also report in writing to the DEPARTMENT any problems,delays or adverse
conditions which will materially affect their ability to meet project objectives,time schedules or project tasks within the
established time periods. This disclosure shall be accompanied by a statement of the action taken or proposed and any
assistance needed from the DEPARTMENT to resolve the situation.
Quarterly reports shall cover the periods January 1 through March 31,April 1 through June 30,July 1 through September 30,
and October 1 through December 31. Reports shall be due within twenty(20)days following the end of the quarter being
reported.
J. COMPENSATION
1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no more often than once per
month. Each voucher shall be submitted to the DEPARTMENT along with documentation of the work performed,expenses
incurred and the progress of the project. Payments shall be made for each task/phase of the project,or portion thereof,as
set out in the Scope of Work when completed by the GRANTEE and certified as satisfactory by the DEPARTMENT.
Requests for payment will be submitted by the GRANTEE on State voucher request forms provided by the
DEPARTMENT.
The voucher request form and supportive documents must itemize all allowable costs by major elements as described in the
Scope of Work. Instructions for submitting the State voucher request form are found in"Financial Guidelines for Grants
Management;'chapter 6,published by the DEPARTMENT. A copy of this guideline shall be furnished to the GRANTEE.
When voucher requests are approved by the DEPARTMENT,payments will be made to the mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this
agreement.
2. Budget deviation. Deviations in budget amounts may be allowed,with prior approval from the DEPARTMENT. Payment
by the DEPARTMENT for project tasks described in the Scope of Work will be disallowed when the GRANTEE's request
for reimbursement exceeds the State maximum cost share amount for that task by more than ten percent(10%)when
multiplied by the appropriate cost share rate. Despite the foregoing,in no event will the DEPARTMENT provide
reimbursement in excess of the DEPARTMENT's grant share of the total eligible cost without a written amendment to this
agreement.
3. period of Compensation. Grant payments shall only be made for action of the GRANTEE pursuant to the grant agreement
and performed within the effective dates of this agreement unless those dates are specifically modified in writing as provided
herein.
4. Final RequestW for P yment. The GRANTEE must submit final requests for compensation within forty-five(45)days after
satisfactory completion of this agreement and within fifteen(15)days after the end of a fiscal biennium.Failure to comply
may result in delayed reimbursement.
5. performance Guarantee. The DEPARTMENT shall withhold an amount not to exceed ten percent(10%)of each
reimbursement payment as security for the GRANTEE's performance.Monies withheld by the DEPARTMENT may be
paid to the GRANTEE when the project(s)described herein,or a portion thereof,have been completed if in the
DEPARTMENT's sole discretion such payment is reasonable and approved according to this agreement and,as appropriate,
upon completion of an audit as specified under section J herein.
6. t Tnauthorized =enditures. All payments to the GRANTEE shall be subject to final audit by the DEPARTMENT and any
unauthorized expenditure(s)charged to this grant shall be refunded to the DEPARTMENT by the GRANTEE.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the GRANTEE or other public entities,it
shall not exceed the amount allowed under state regulation.
8. Indirect Costs. No reimbursement for indirect costs will be allowed unless provided for and defined in the Scope of Work
hereunder.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the GRANTEE is contingent upon satisfactory performance by the
GRANTEE of all of its obligations under this agreement. In the event the GRANTEE unjustifiably fails,in the opinion of
the DEPARTMENT,to perform any obligation required of it by this agreement,the DEPARTMENT may refuse to pay any
further funds thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the effective date of termination. In that
event,all finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,and reports or other
materials prepared by the GRANTEE under this agreement,at the option of the DEPARTMENT,shall become its property
and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Despite the above,the GRANTEE shall not be relieved of any liability to the DEPARTMENT for damages sustained by the
DEPARTMENT and/or the State of Washington because of any breach of agreement by the GRANTEE. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the GRANTEE is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and
federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the
obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to
appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above.
3. Failure to Commence Work. In the event the GRANTEE fails to commence work on the project funded herein within four
months after the effective date of this agreement,or by any date mutually agreed upon in writing for commencement of
work,the DEPARTMENT reserves the right to terminate this agreement.
4. Waiver. Waiver of any GRANTEE default is not a waiver of any subsequent default. Waiver of a breach of any provision
of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this
agreement unless stated as such in writing by the authorized representative of the DEPARTMENT.
L. PROPERTY RIGHTS
1. Co=ights and Patents. When the GRANTEE creates any copyrightable materials or invents any patentable property,the
GRANTEE may copyright or patent the same but the DEPARTMENT retains a royalty-free,nonexclusive and irrevocable
license to reproduce,publish,recover or otherwise use the material(s)or property and to authorize others to use the same
for federal,state or local government purposes.
Where federal funding is involved,the federal government has a proprietary interest in patent rights to any inventions that
may be developed by the GRANTEE. As such,the federal grantor agency,in the absence of legislation otherwise,will
allocate patent rights in accordance with the memorandum and statement of government patent policy(36 F.R.16887-16892)
issued by the President on August 23,1971.
2. Enblications. When the GRANTEE or persons employed by the GRANTEE use or publish information of the
DEPARTMENT;present papers,lectures,or seminars involving information supplied by the DEPARTMENT;use logos,
reports,maps or other data,in printed reports,signs,brochures,pamphlets,etc.,appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of"Financial Guidelines for Grants Management,"chapter
4,shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by
the DEPARTMENT in the absence of state,federal statute(s),regulation(s),or policy(s)to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal PropeM Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property with an
acquisition cost of$300.00 or more per unit and a useful life of more than three years,directly to the GRANTEE for use in
performance of the project,it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. The
GRANTEE shall make payment in cash or by setoff to the DEPARTMENT for use of such property. If said property is lost,
stolen or damaged while in the GRANTEE's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the
GRANTEE for the fair market value of such property.
5. Acquisition Proiects. The following provisions shall apply if the project covered by this agreement includes funds for the
acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement,the GRANTEE shall establish that the cost of land/or
facilities is fair and reasonable.
b. The GRANTEE shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement
of funds provided by this agreement. Such evidence may include title insurance policies,Torrens certificates,or abstracts,
and attorney's opinions establishing that the land is free from any impediment,lien,or claim which would impair the uses
contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,the GRANTEE shall not at any time
convert any equipment,property or facility acquired or developed pursuant to this agreement to uses other than those for
which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be
conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale,lease or other conversion or
encumbrance which monies granted pursuant to this agreement bear to the total acquisition,purchase or construction costs
of such property.
M RECOVERY OF PAYMENT'S TO GRANTEE
The right of the GRANTEE to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance
of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the
GRANTEE fails,for any reason,to perform obligations required of it by this agreement,the GRANTEE may,at the
DEPARTMENT's sole discretion,be required to repay to the DEPARTMENT all grant funds disbursed to the GRANTEE for
those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent(12%)per annum from the time the DEPARTMENT demands repayment of
funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above,the
GRANTEE shall not be obligated to repay monies which had been paid to the GRANTEE prior to such termination. Any
property acquired under this agreement,at the option of the DEPARTMENT,may become the DEPARTMENT'S property
and the GRANTEE'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
N. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the GRANTEE shall be subject to
the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the
GRANTEE shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work
to be done,the determination of the Project Officer or other designated official as to the extent and character of the work to be
done shall govern. The GRANTEE shall have the right to appeal decisions as provided for below.
O. DISPUTES
Except as otherwise provided in this agreement,any dispute concerning a question of fact arising under this agreement which is
not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written
statement of decision to the GRANTEE. The decision of the Project Officer or other designated official shall be final and
conclusive unless,within thirty days from the date of receipt of such statement,the GRANTEE mails or otherwise furnishes to
the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause,the GRANTEE shall have the opportunity to be heard and to
offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of
such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board
or the Shoreline Hearings Board. Pending final decision of dispute hereunder,the GRANTEE shall proceed diligently with the
performance of this agreement and in accordance with the decision rendered.
P. CONFLICT OF INTEREST
No officer,member,agent,or employee of either party to this agreement who exercises any function or responsibility in the
review,approval,or carrying out of this agreement,shall participate in any decision which affects his/her personal interest or the
interest of any corporation,partnership or association in which he/she is,directly or indirectly interested;nor shall he/she have
any personal or pecuniary interest,direct or indirect,in this agreement or the proceeds thereof.
Q. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,consultant's fees,and other costs related to
the project described herein,except as provided in the Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit,the GRANTEE shall indemnify and hold the
DEPARTMENT harmless from and against any liability for any or all injuries to persons or property arising from the
negligent act or omission of the GRANTEE arising out of this agreement,except for such damage,claim,or liability
resulting from the negligent act or omission of the DEPARTMENT.
R. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
S. SEVERABILTTY
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.
T. PRECEDENCE
In the event of inconsistency in this agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving
precedence in the following order: (a)applicable Federal and State statutes and regulations;(b)Scope of Work;(c)Special
Terms and Conditions,and any terms incorporated therein by reference;and(d)the General Terms and Conditions.
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