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Home My WebLink AboutPW11-358 - Original - WA State Department of Ecology - Municipal Stormwater Capacity - 07/01/2010 .4 DEPARTMENT OF EMMETT ECOLOGY State of Washington FY 2011 MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT GRANT AGREEMENT NUMBER G1100054 F TABLE OF CONTENTS PART I GENERAL INFORMATION . .. ..... 3 PART II PERFORMANCE MEASURES ........ - .- . . ........ .. . .. . . . . 4 PART III PROJECT DESCRIPTION. . ... .................... ....................... .... ......... ....... ........ .. . .... ....... . ..... . 4 PART IV PROJECT BUDGET .. .... ..... .... ..... . . ..... .... . ... .... .......... ........ .. . .............. .. .. . .... 5 PART V SCOPE OF WORK . .... ... . ................. ..... . .... .. . .... . .. ... .. .. .... .... . . ... .... . ... .. . . 5 PART VI SPECIAL TERMS AND CONDITIONS . . 7 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND............................................................................... 9 EDUCATION AND OUTREACH. . . . 9 EQUIPMENT PURCHASE. .. .. 9 FUNDING RECOGNITION....... ....... . . .. ......... .... . ...... ...... .. . . . . . .... ......... ... ... ... ... 9 INDIRECT RATE . . 9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION 10 PAYMENT REQUEST SUBMITTALS 10 POST PROJECT ASSESSMENT I I PROCUREMENT - - - - .. . . .. . -- -... .... ... .. 1 I- .. . . . ... .. .. .. . . . . ....... PROGRESS REPORTS 11 REQUIRED DOCUMENT SUBMITTALS - - . . . . ..... .. .. ... 12 WATER QUALITY MONITORING 12 ATTACHMENT II- GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY . . . ..... . . . ... . . . 14 A RECIPIENT PERFORMANCE . ..... . . . 14 B SUBGRANTEE/CONTRACTOR COMPLIANCE. . 14 C THIRD PARTY BENEFICIARY -- .. .. 14 D CONTRACTING FOR SERVICES(BIDDING). . .... . ........ ....... . ..... .. .... 14 i E.ASSIGNMENTS . .......... . . .. 14 F COMPLIANCE WITH ALL LAWS ... . .. . . 14 G KICKBACKS. . 15 H AUDITS AND INSPECTIONS. .15 I PERFORMANCE REPORTING ... ... .. . . . 15 J COMPENSATION 15 K TERMINATION . ..... .. . . . . . ...... . .. ..16 L WAIVER .. ... ... .. .- ...... . . . 17 . ... . . . . ... . M PROPERTY RIGHTS . . 17 N SUSTAINABLE PRODUCTS 18 O.RECOVERY OF PAYMENTS TO RECIPIENT . . .. .. ..... - .... . .. . . . . 18 P PROJECTAPPROVAL . .. 19 Q DISPUTES . . . . . . .. . . 19 R CONFLICT OF INTEREST. . - • -- - -•-- •- -- - - .. . .. . 19 S INDEMNIFICATION . . ...... .. . .. ... .... . . . .. . . . 19 T GOVERNINGLAW . .. .. .. .. .... . . . .. . . 20 U SEVERABILITY... ....... . .. . ..... ... . . ... . .. . ... ....... .... . . . . ... .. . . .20 V PRECEDENCE. ............... .. . ... .... 20 it MUNICIPAL STORMWATER CAPACITY GRANTS PROGRAM FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF KENT THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology (DEPARTMENT), and the City of Kent (RECIPIENT). The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein PART I. GENERAL INFORMATION Project Title: Municipal Stormwater Capacity Grant Program State Fiscal Year: FY2011 Grant Number: G1100054 RECIPIENT Name: City of Kent Mailing Address: 400 W. Grove St. Kent, WA 98032 RECIPIENT Federal ID Number: 91-6001254 Total Eligible Cost (S70,000 plus per capita calculated amount): $367,065 DEPARTMENT Share: $367,065 DEPARTMENT Maximum Percentage: 100% RECIPIENT Contact: Shawn Gilbertson Telephone Number: (253) 856-560 Fax Number: (253)856-6500 E-Mail Address: smgilbertson@ci.kent.wa.us RECIPIENT Billing Contact: Donna Palmer Telephone Number: (253)856-5511 Fax Number: (253)856-6500 E-Mail Address: dpalmer@ci.kent.wa.us 3 DEPARTMENT Project/Financial Manager:Tracy Farrell Mailing Address- Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Telephone Number: 360- 407-6502 Fax Number: 360- 407-7151 E-Mail Address: The effective date of this grant agreement is July 1, 2010. Any work performed prior to the effective date of this agreement is not eligible for reimbursement. This agreement expires on June 30,2012. PART II. PERFORMANCE MEASURES A. Water Quality Goal. Improved stormwater oversight and water quality protection through the direct development and implementation of a comprehensive stormwater management program. B. Project Outcomes. Implementation of Phase I and II municipal stormwater National Pollutant Discharge Elimination System (NPDES)permits. C. Post Project Assessment. The RECIPIENT agrees to submit a brief survey three years after project completion regarding the key project outcomes and the status of environmental results or goals from the project The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey. The DEPARTMENT may conduct on-site interviews and inspections, and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Washington State Legislature, United States Environmental Protection Agency, and other natural resource agencies. Approximate Post Project Assessment Date: June 30, 2015 PART III. PROJECT DESCRIPTION The RECIPIENT's stormwater project will address implementation or management of municipal stormwater programs 4 PART IV. PROJECT BUDGET Municipal Stormwater Capacity Grants Program,FY2011 TOTAL ELIGIBLE Elements/Objects COST(TEC)* Task 1 —Project Admimstration/Managemem (limited to 10%of total) $0 Task 2—Implementation and management of Stormwater Program $367,065 Total $367,065 *The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS (There are no matching requirements) DEPARTMENT Share FY 2011 (100%of TEC) $367,065 Payment Request Submittals. Payment requests will not be submitted more often than monthly, unless allowed by the DEPARTMENT's Project/Financial Manager. The DEPARTMENT's Project/Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. PUMent Schedule. Payments will be made on a cost-reimbursable basis PART V. SCOPE OF WORK The RECIPIENT will ensure that this project is completed according to the details of this agreement The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services Eligible and ineligible project costs are separate and identifiable for billing purposes. If professional services are contracted, the RECIPIENT will submit a copy of the final contract to the DEPARTMENT's Project/Financial Manager. Task 1 - Proiect Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of project records, submittal of payment vouchers, fiscal forms, and progress reports, compliance with applicable procurement, contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT will manage the project. Efforts will include. conducting, coordinating, and scheduling project activities and assuring quality control. Every effort 5 will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT will carry out this project in accordance with any completion dates outlined in this agreement. C. The RECIPIENT will submit all invoice voucher submittals and supportive documentation, to the DEPARTMENT's Project/Financial Manager. Copies of all applicable forms will be included with an original Al9-1A, and will be submitted to the DEPARTMENT. Blank forms are found in Administrative Requirements for Recipients of Ecology Grants and Loans at http //www.ecy.wa.gov/bibho/9118.htm1 Required Forms: Where Eligible Costs Have Incurred: Form A19-IA(original signature) Form E(ECY 060-12) Form 132 (ECY 060-7) Form F(ECY 060-13) Form C2 (ECY 060-9) Form G(ECY 060-14) Form D (ECY 060-11) Form H(F-21) Form I(ECY 060-15) D. If work conducted results in a report,the RECIPIENT will submit the following to the DEPARTMENT's Project/Financial Manager and in the quantities identified: • Draft project completion reports—one electronic copy • Final project completion reports—five copies • Electronic copy of final project completion report The RECIPIENT will submit two copies of any document(s) which requires DEPARTMENT approval. Once approval is given, one copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. Task 2—Implementation of Stormwater Planning and Management Needs A. The RECIPIENT will address stormwater management needs that protect or restore water quality. The RECIPIENT may conduct work related to implementation of activities required by the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permits. The following is a list of elements your project may include Please check all boxes that apply to your project. ® Public education and outreach activities ❑ Public involvement and participation activities ® Illicit discharge detection and elimination (IDDE) program activities, including. 1. Mapping or geographic information systems of municipal separate storm sewer systems (MS4s), 2. Staff training, 3. Activities to identify and remove illicit stormwater discharges; 4. Dry weather outfall screening procedures and field activities; 6 5. Complaint hotline database or tracking system improvements. ® Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: 1. Development of an ordinance and associated technical manual; 2. Inspections before, during, and upon completion of construction, or for post- construction long-term maintenance; 3. Training for plan review and/or inspection staff. ® Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: 1. Inspecting and/or maintaining the MS4 infrastructure; 2. Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. ❑ Annual reporting activities, including developing a summary of identified barriers to the use of low impact development. ❑ Establishing and refining stormwater utilities, including stable rate structures. ® Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL) Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan that Ecology approves prior to awarding funding for monitoring. ® Monitoring, including: 1 Developing a report to plan for monitoring the next permit cycle; 2. Monitoring activities to meet Phase I permit requirements; ❑ Structural stormwater controls program activities (Phase I permit requirement) ❑ Source control for existing development (Phase I permit requirement), including: 1. Inventory and inspection program; 2. Technical assistance and enforcement; 3. Staff training. ® Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement(such as a vactor truck)rather than general use (such as a general us pick-up truck). Qualified equipment purchases include but are not limited to: 1. Illicit discharge testing equipment and materials; 2. Vactor truck or sweeper truck or MS4 maintenance activities; 3. Electronic devices dedicated to mapping of MS4 facilities and attributes; 4. Software dedicated to tracking permit implementation activities. PART VI. SPECIAL TERMS AND CONDITIONS A. Failure to Commence Work In the event the RECIPIENT fails to commence work on the project within four months of the signatory date, the DEPARTMENT reserves the right to terminate this agreement. PART VII. ALL WRITINGS CONTAINED HEREIN 7 1 The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This agreement • Attachment L• General Project Management Requirements for the Municipal Stormwater Capacity Grants Program. • Attachment IL• General Terms and Conditions • The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative Requirements for Ecology Grants and Loans" • The associated funding guidelines that correspond to the fiscal year in which the project is funded • The applicable statutes and regulations No subsequent modifications or amendments of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the terms of this agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, and guidelines mentioned in this agreement. STATE OF WASHINGTON CITY OF KENT DEPARTMENT OF ECOLOGY KELLY D, P E., P.G. DATE fCOOKE DATE WATER UALITY PROGRAM MANAGER R APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL 8 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FEDERAL CLEAN WATER ACT SECTION 319 NONPOINT SOURCE FUND EDUCATION AND OUTREACH The RECIPIENT must do a regional search for existing materials before producing any new educational flyers or pamphlets. The RECIPIENT must request the use of those materials before time and resources are invested to duplicate materials that are already available. The RECIPIENT must also check the Washington Waters website http://www ecy.wa gov/washmgton waters/index.html for useful educational materials. These materials are available for public use and can be downloaded directly from the website. The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy either on floppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message If this is not practical, the RECIPIENT must provide a complete description including photographs or printouts of the product. The RECIPIENT must also supply the DEPARTMENT with the names and contact information of local project leads. If there are a significant number of people in the community that speak languages other than English,the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other b educational and public outreach materials in English and in the other prevalent language. EQUIPMENT PURCHASE The following equipment will be eligible for purchase through this project: The total cost of all equipment purchased under this project will not exceed $367,065 Changes in equipment type must have prior approval from the DEPARTMENT. FUNDING RECOGNITION The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT upon request. INDIRECT RATE To acknowledge overhead costs,the RECIPIENT may charge an indirect rate of up to 25 percent based on employees' direct salary and benefit costs incurred while conducting project-related work The DEPARTMENT's Financial Manager may require a list of items included in the indirect rate at any time. 9 MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement Contract awards or rejections cannot be made based on MBE or WBE participation. MMWBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: a) Include qualified minority and women's businesses on solicitation lists. b) Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. c) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. d) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. e) Use the services and assistance of the State Office of Minonty and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. Please include the following information: a) Name and state OMWBE certification number(if available) of any qualified firm receiving funds under the invoice, including any sub-and/or sub-subcontractors. b) The total dollar amount paid to qualified firms under this invoice. PAYMENT REQUEST SUBMITTALS Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. Supporting Documentation. The RECIPIENT must submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. Required Forms. Any Match Combination Cash Only Match Where Applicable 10 Form A19-1A(original signature) Form A19-1A(original signature) Form E (ECY 060-12) Form BI (ECY 060-3) Form B2 (ECY 060-7) Form F (ECY 060-13) Form C1 (ECY 060-8) Form C2 (ECY 060-9) Form H (F-21) Form D (ECY 060-11) Form D (ECY 060-11) Form I (ECY 060-15) Reporting eligible costs The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable Reimbursements. Payments will be made on a cost-reimbursable basis. POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project three years after project completion. The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the RECIPIENT before the Post Project Assessment date to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the Project, as part of this assessment PROCUREMENT The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. PROGRESS REPORTS The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial Manger and Project Manager Payment requests will not be processed without a progress report. Reporting Periods. • January 1 through March 31 • April 1 through June 30 • July 1 through September 30 • October 1 through December 31 Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter. Report Content. At a minimum, all progress reports must contain a comparison of actual accomplishments to the objectives established for the period,the reasons for delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent information specified in this agreement. The recipient must also attach all landowner agreements signed during the respective quarter to each progress report. 11 REQUIRED DOCUMENT SUBMITTALS The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the DEPARTMENT's Project Manager or Financial Manager• • Draft project completion reports—up to 3 copies • Electronic copy of final project completion report— 1 copy • Final project completion reports—up to 8 copies • Final project completion reports of statewide significance—up to 50 copies • Educational products developed under this agreement—up to 2 copies • Documents that require DEPARTMENT Approval—2 copies (one for the DEPARTMENT and one for the RECIPIENT) • Interlocal agreements— 1 copy for the DEPARTMENT's Financial Manager • Professional services procurement agreements— 1 copy to the DEPARTMENT's Financial Manager WATER QUALITY MONITORING Quality Assurance Project Plan (QAPP). Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan(QAPP). The QAPP must follow Ecology's Guidelines and Specifications for Preparing Quality Assurance Project Plans for Environmental Studies, February 2001 (Ecology Publication No. 01-03-003) The applicant may also reference the Technical Guidance for Assessing the Quality ofAquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPP. The RECIPIENT must submit the QAPP to Ecology's project manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's websrte, available at. http•//wwwecy.wa gov/programs/eap/labs/search.html The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal/Environmental Information Management System. Funding recipients that collect water quality monitoring data must submit all data to Ecology through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM websrte, currently available at: 12 r l hap //w-ww.ecy wa gov/eim The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data Specific questions about data submittal can be directed to the EIM Data Coordinator, currently available at: eim data coordinator(acr�,ecy.wa.gov If GIS data is collected, Ecology data standards are encouraged An Ecology Focus Sheet entitled GIS Data and Ecology Grants (Publication No. 98-1812-SEA) outlines the standards. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System(GIS) coverage, list of methods, and reference tables. i 9 i S 13 ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A.RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEEXONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. 14 G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or,receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All 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. ti 2. All grant/loan 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/loan repayment or any dispute resolution hereunder If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments &Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses Payments shall be made for 15 each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV,published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT,payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3 Final Request(s) for Payment The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under 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, 16 drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive lust and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal _years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K 1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body, provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT M. PROPERTY RIGHTS 1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, 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 have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 17 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s)to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the B-4 DEPARTMENT prior to final payment by the DEPARTMENT If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement,the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e g., recycled paper). For more information, see http-//wAw.cey.wa.gov/sustainability/. O.RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work In the event the RECIPIENT fails, for any reason,to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in 18 Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT 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 extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement. the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause,the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the 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 RECIPIENT shall proceed diligently with the performance of this agreement and in accordance 5 with the decision rendered R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 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 19 ro injuries to persons or pioperty arising from the negligent act or omission of that party or that parry's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order (a) applicable Federal and State statutes and regulations; (b) Scope of Work, (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and(e) the General Terms and Conditions SS-010 Rev. 04/04 20 REQUEST FOR MAYOR'S SIGNATURE • Please Fill in All Applicable Boxes KENT Routing,Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator: Shawn Gilbertson - PW/Eng Phone (Originator . 856-5560 Date Sent September_22 2010 Date Required. September 24, 2010 Return Signed Document to: S Gilbertson CONTRACT TERMINATION DATE: June 30, 2012 VENDOR NAME: WA Dept. of Ecolo DATE OF COUNCIL APPROVAL: Sept 21, 2010 Brief Explanation of Document: This is a Stormwater grant agreement between the City of Kent and the WA Department of Ecology (3 copies). The grant agreement is for $367,065 and does not require a match. The City of Kent must spend these funds to implement requirements of the National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit. Also included is a Signature Authorization Form For Grant/Loan Recipients that will delegate authority to Timothy J LaPorte to sign payment requests for reimbursement under this grant agreement. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received lira DECEIVED � 'l t` Approval of Law Dept.- { GLaw Dept. Comments. sEe - I Date Forwarded to Mayor- ,x ^, ( City of Kent 0 11-e of the Mayo, Shaded Areas To Be Completed By Administration Staff Received: D � �� Recommendations and Comments: sFP z � zu►o � Disposition: �/zrl a � � OF nPJ Date Returned: l i,� V-r.�Z7C�,� ,_� Hi Mary, I am overseeing this one: Dept of Ecology, Grant # G110054, approved by Council on 9/21/2010 (Shawn Gilbertson) To date, we have received approx. $135K of the total $367K and are working to finalize purchases for PW-Operations that will account for most of the remaining funds. Please let me know if you need anything else. Thanks, Shawn Shawn Gilbertson, NPoeS Coordinator Environmental Engineering I Public Works Department 400 West Gowe St, Kent, WA 98032 E T Phone 253-856-5560 1 Cell 253-561-4264 smgilbertson_PKentWa cov www.KentWa.aov 110 e NVIR,INM E NT BEFORE PRINTING THIS E—MAIL a i w