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HomeMy WebLinkAboutPW13-218 - Original - WA Dept. of Ecology - Coordinated Prevention Grant No. G1400199 - 07/01/2013 i � - - - - - - tei Records M,anageme-fi` -�' Document WnsHiHarO. I CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: WA Dept. of Ecology Coordinated Prevention Grant Vendor Number: M17103.64190.7940 JD Edwards Number Contract Number: _ ?W 116OPM This is assigned by City Clerk's Office Project Name: Coordinated Prevention Grant - 2013-15 Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: Grant Agreement Contract Effective Date: July 1, 2013 Termination Date: Jun. 30, 2015 Contract Renewal Notice (Days): i Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: PW Eng. Environmental DetaiL�.e. address, location, parcel number, tax id, etc.): Allows Kent to receive reimbursement for activities within the Scope of Work through June 30, 2015. Wlk (-�I rOUN + 4- C-i 14 bb 19 C) i S.Publlc\Record5Management\Forms\ContractCover\adcc7832 1 11108 �4 9T4TE RECEIVED q U6 _ DEC, 26 2013 �y,Hn9�c CITY OF KENT STATE OF WASHINGTON ENGINEERING DEPT DEPARTMENT OF ECOLOGY Northwest Regional Office •3190 1601h Ave SE • Bellevue, Washington 98008-5452 • (425) 649-7000 711 for Wishington Relap Service *Persons with a speech disability can call 877-833-6341 December 20, 2013 Gina Hungerford City of Kent 220 4°i Ave. South Kent, WA 98032 RE: Coordinated Prevention Grant No. G1400199 Dear Ms Hungerford: The enclosed executed grant agreement provides up to$213,063 in state matching funds to the City of Kent to implement the task outlined in the agreement. The 2013-2015 grant cycle Guidelines for the Coordinated Prevention Grants (CPG)program and the Yellow Book, also known as Ecology's Administrative Requirements for Recipients of Ecology Grants and Loans (bVDOE 91-18, revised September 2005) provide necessary guidance in managing your grant. These booklets plus more infonmation is available electronically at our main CPG website: http.//w�vw ecy.wa.gov/programs/swfa/grants/cpg.html. As outlined in Chapter 5, pages 36-37 of the grant Guidelines,you must maintain a file of all grant-related information throughout this grant period Establishing and maintaining a complete grant file will help to document your progress for reporting and accounting purposes, and will protect you in an audit situation. I look forward to working with you. Please feel free to contact me for assistance at(425)649-7266 or via e-mail at taisa welhasch(gecy.wa gov Sincerely, ° Taisa Welhasch Regional Planner and CPG Financial/Project Manager Waste 2 Resources Program Enclosure: One original executed grant agreement RECEIVED DEC 0 g 2013 DEPARTMENT OF ECOLOGY DEPARTMENT OF ECOLOGY State of Washington COORDINATED PREVENTION GRANT (CPG) AGREEMENT i BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF KENT Grant No. G1400199 Washington State Department of Ecology Grant No G1400199 City of Kent Page 2 of 16 This is a binding agreement entered into by and between the State of Washington Department of Ecology, hereinafter referred to as the"DEPARTMENT" or as"ECOLOGY', and the City of Kent, hereinafter referred to as the RECIPIENT,to carry out the activities described herem JURISDICTION: City of Kent MAILING ADDRESS: 220 4th Ave South CITY, STATE,ZIP: Kent,WA 98032 RECIPIENT GRANT COORDINATOR: Gina Hnmgerford TELEPHONE: 253-85 6-55 49 E-MAIL: ghungerford@ci kent.wa us RECIPIENTBILLINGIINVOICE Paul Devine COORDINATOR 206-938-8900 TELEPHONE: pauldevine rmn com E-MAIL: ECOLOGY FINANCIAIJPROJECT MANAGER: Tansa Welhasch TELEPHONE- 425-649-7266 E-MAIL: tansawelnasch@ecywagov FUNDING SOURCE Local Tomes Control Account MAXIMUM ELIGIBLE COST $284,084 STATE GRANT SHARE $213,063 LOCAL SHARE $71,021 STATE MAXIMUM GRANT PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 9 1-600 1254 EFFECTIVE DATE OF THE AGREEMENT: 07-01-2013 EXPIRATION DATE OF THE AGREEMENT: 06-30-2015 j Washington State Department of Ecology Grant No G1400199 City of Kent Page 3 of 16 PART 1: SCOPE OF WORK The task(s)set forth below summarize the RECIPIENT'S activities to be performed under this agreement. Costs are limited to those approved by ECOLOGY as outlined m the current scope of work and budget. The RECIPIENT must complete all deliverables by the expiration date of this agreement, including delivery of purchases, unless otherwise stated in the scope of work or approved by ECOLOGY in writing. Note:The term"task"as used in this agreement is interchangeable with the term "project" as used on the online Solid Waste Information Clearinghouse and"element" as used on payment request forms. The"Maximum Eligible Cost" is the maximum amount of eligible costs incurred by a RECIPIENT that ECOLOGY can reimburse at a rate of 75 percent under this grant. RECIPIENT shall identify the work plan and activities by "Quarter" A quarter is defined by calendar year and begins with the first three months of the grant period. The RECIPIENT may negotiate changes to the work plan with the ECOLOGY grant officer ECOLOGY shall document mutually agreed changes to the plan in writing. The RECIPIENT is pennitted to submit payment requests and progress reports to ECOLOGY coinciding with the Work Plan(instead of quarterly), but no more often than once per month Expenses relating to the collection and recycling of mercury containing lights shall be eligible for CPG reimbursement until such time that the Mercury Light Recycling program is fully implemented or the grant agreement expires,whichever is the earliest date CATEGORY: Waste Reduction and Recycling 1. TASK TITLE: Recycling Collection Events —Residential Task Coordinator—Paul Devine, 206-938-8262, pauldevine@msncom Maximum Eligible Task Cost: $284,084 Task Description: The RECIPIENT, in conjunction a consultant,will continue to host six recycling collection events for City residents.The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by collecting them for recycling in a convenient City location. Materials residents can bring to the event for reuse and /or recycling include used tires,used anti-freeze, used petroleum-based products,used oil filters, used motor oil, bulky yard waste(large material only), scrap wood,appliances,ferrous metals, nonferrous metals, electronic equipment,computer equipment/TV sets, mattresses, paper shredding,styrefoam,car seats, cellular phones,porcelain toilets and sinks,propane tanks, and other materials whenever practical. The RECIPIENT may charge user fees for some items or may drop user fees to increase the volume of material collected. The eventwill also serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City sponsored or private sector recycling programs. At the bin sales, the RECIPIENT will provide information about bin use and on-site education on home composting and vermicomposting. The RECIPIENT,in conjunction with a consultant,will organize and implement two to four Compost/Worm Bin Sales over a two-year period CPG funds will be used to pay for contractor time for arranging events,part of the bin costs, event publicity, event equipment and rentals, Washington State Department of Ecology Grant No G1400199 City of Kent Page 4 of 16 event staffing, and supplies. The sales will be held in conjunction with City Residential Collection Events The RECIPIENT will charge a user fee for each bin Participants may pay some or all of the fees associated with handling, hauling or recycling various materials The RECIPIENT will credit the grant for any revenue received from the collection of fees or commodity sales on items the grant is supporting Costs for disposal of non-recyclable components are not eligible unless they are a direct and unavoidable byproduct of a recycling activity (e.& emptied jugs used for waste motor oil or antifreeze) Goal Statement: The goal of this task is to decrease the amount of organic waste,moderate risk waste(MRW), and other hard-to-recyc le items being landfilled or illegally dumped by holding collection events in aconvement City location for residents. Outcome Statement. Over the two-year grant period,the RECIPIENT expects to recycle between 625-720 tons of material from the residential waste stream and serve 6,500-7,500 households Estimated outcomes produced with available budget: MRW Diversion: 60-70 tons Recycling/Reuse: 365-400 tons Organics Diversion: 200-250 Residential Contacts: 293,100 Residential Participants: 6,500-7,500 Work Plan,Deliverables and Timeline: GRANT- YEAR 1 GRANT- YEAR 2 Oct-Dec Arrange date and site for event Oct-Dec Arrange date and site for event Arrange event vendors. Event Arrange event vendors. Event publicity —develop, print, sort, publicity —develop, print,sort, and mail event flyer Hold and mail event flyer Hold recycling collection event recycling collection event Recycle materials collected at Recycle materials collected at event Prepare project progress event. Prepare project progress report and payment request for report and payment request for grant reimbursement grant reimbursement. Jan-Mar Arrange date and site for event Jan-Mar Arrange date and site for event Arrange event vendors. Event Arrange event vendors Event publicity—develop, print, sort, publicity— develop, print, sort, and mail event flyer. Hold and mail event flyer Hold recycling collection event and recycling collection event and bin sales Recycle materials bin sales Recycle materials Washington State Department of Ecology Grant No G1400199 City of Kent Page 5 of 16 collected at event.Prepare collected at event. Prepare project progress report and project progress report and payment request for grant payment request for grant reimbursement reimbursement Apr-Jun Arrange date and site for event Apr-Jun Arrange date and site for event Arrange event vendors. Arrange event vendors.Develop Develop event publicity, print, event publicity, print, sort, and sort, and mail event flyer. Hold mail event flyer. Hold recycling recycling collection event and collection event and bin sales. bin sales. Recycle materials Recycle materials collected collected. Prepare project Prepare project progress report progress report and payment and payment request for grant request for grant reimbursement reimbursement Method of Evaluation. The RECIPIENT will track the number of events held, the type and quantity of materials collected and the number of participants. The RECIPIENT will track compost and worni bin sales and will calculate organics diversion resulting from the use of the bins It is estimated that each compost bin sold will divert 585 pounds of organic material annually and eachwomm bin will divert 2,372 5 pounds of food waste annually PART 2: BUDGET Budget Information by CATEGORYITASK Maximum Eligible State Grant Cost Share CATEGORY: Waste Reduction and Recycling $284,084 $213,063 1. Recycling Collection Events—Residential $284,084 $213,063 �?'E�t�.=,-.+.#�'�`z'�u�R`,�!e`9" "�-�.,�.�,qr-m... '+�?'e3'��+,�ma^r+}+i.,r.�:+�"�':a'�'h.g..�.-,+-; Hr2;r,-,•,.��`tn#rs"�"v^t.��ati�,��..;� TOTAL GRANT BUDGET TOTAL MAXIMUM ELIGIBLE COST $284,084 STATE GRANT SHARE(75%) $213,063 LOCAL CASH MATCH(25%) $ 71,021 INTERLOCAL COSTS (0%) $-0- Washington State Department of Ecology Grant No G1400199 City of Kent Page 6 of 16 PART 3: BUDGET CONDITIONS A. ECOLOGY requires the RECIPIENT to provide a match of 25 percent of the maximum eligible cost with cash or lnterlocal costs lnterlocal costs are the only type of m-kind contributions the RECIPIENT may use as match. R If parties are contributing to the local share of task costs(match)through lnterlocal-in kind contributions,the RECIPIENT shall negotiate a memorandum of understanding or other written agreement confirming the contribution between the parties These agreements shall specify the exact work to be accomplished and be signed by all parties contributing to the local match of this task. Copies of these agreements shall be made part of the RECIPIENT'S grant file and submitted to ECOLOGY. C Overhead is eligible at 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 grant agreement are eligible (excluding time spent to write a CPG grant application). D. RECIPIENT must submit awritten request to ECOLOGY to amend budgets between grant tasks, to modify a scope of work,or for a budget increase or decrease To increase or decrease the agreement's total maximum eligible cost or change the scope of work for any tasks as outlined in this grant agreement, ECOLOGY requires a formal amendment E. RECIPIENT must provide ECOLOGY with an updated Spending Plan when requested by ECOLOGY F. Any work performed 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 CONDITIONS A. BILLING 1. 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. RECIPIENT must submit payment requests on approved State Invoic e Voucher forms:Al 9-1 A, Bl/B2, C1/C2 Until there is achange in agency policy,the recipient must submit an A-19-IA with an original signature in blue ink. signed by an authorized person The B2 and C2 forms are acceptable in electronic format The RECIPIENT must also include all backup documentation to support costs itemized on Form C1/C2 The budget is organized by task and therefore,the RECIPIENT shall itemize costs by task on Form C1/C2 and Form 131/132. Forms Bl and Cl are used only when interlocal costs are used tow ards the 25%match 3. Any income directly generated as a result of the activities funded by this grant shall be reported as a credit against the expenses of that activity, as defined by ECOLOGY S Administrative Requirements for Recipients of Ecology Grants and Loans, Ecology Publication#91-18. 4. RECIPIENT shall submit supporting documents with each payment request This includes copies of invoices, purchase receipts,payroll records.time and attendance records,contract award Washington State Department of Ecology Grant No G1400199 City of Kent Page 7 of 16 documents, and any document deemed relevant by ECOLOGY to establish the approval of an expense listed on Form Cl/C2. Documentation shall be clear and legible and organized by task in the order in which it is itemized on Form Cl/C2. 5. RECIPIENT shall maintain grant related material and supporting documents including invoice vouchers sent to ECOLOGY in a common file The RECIPIENT shall keep all supporting documents for audit purposes for at least three years from the date the agreement is closed by ECOLOGY. B. REPORTING 1. Progress reports and Final Performance Analyses must be submitted through the web-based database, the Solid Waste Information Clearinghouse The RECIPIENT must submit a progress reportwith each payment request If a quarterly payment request is not submitted,the RECIPIENT is still required to submit a progress report for that quarter. These reports shall include information that supports incurred costs identified on the corresponding Cl or C2 of the payment request, and provide a brief update in support of the outcomes and or method of evaluation in the grant agreement. a) A Final Performance Analysis (FPA) report must be submitted for each task in a Planning and Implementation grant before ECOLOGY can process a final payment request C. COMPENSATION Payment to RECIPIENT will be issued through Washington State's Department of Enterprise Services(DES) DES maintains acentral vendor file for Washington state agency use to process vendor payments.This allows vendors to receive payments from all participating state agencies. RECIPIENTS must register as a state-wide vendor(SWV) by submitting a state-wide vendor registration form and an IRS W-9 form http//www ofm wa gov/isd/vendors/payee_registration.doc to DES. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at(360)664-7779 or email to payeehelpdesk(a),ofin w a.gov. D. TRAINING RECIPIENT is expected to participate in any ECOLOGY recommended trainings related to managing a CPG agreement when feasible unless exempted by ECOLOGY in writing. E. PROCUREMENTAND CONTRACTS 1. RECIPIENT must follow local procurement procedures or current state procurement procedures,whichever is stricter A RECIPIENT with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation" found in Part V of the Administrative Requirements for Rec pients of Ecology Grants and Loans— Yellow Book,Ecology Publication 491-18. 2. Upon issuance,the RECIPIENT may submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to ECOLOGY'S grant officer to be placed in the file 3. Prior to contract execution,the RECIPIENT may submit all draft documents and a copy of the draft proposed contract to ECOLOGY'S grant officer for review. The RECIPIENT assumes any risks associated with the failure to consult with the regional grant officer Following the Washington State Department of Ecology Grant No G1400199 City of Kent Page 8 of 16 contract execution,the RECIPIENT shall submit a copy of the final contract to ECOLOGY's assigned grant officer to be placed in the file 4. Unless a specific purchase of equipment or real property is already written into a task's scope of work,the RECIPIENT must submit awritten request to ECOLOGY to purchase any equipment or real property (Property)with a single unit purchase price of$5,000 or more. The request must include the justification for the purchase of the property,the total cost,the intended use, and the anticipated useful hfe of the property. The request must be approved in writing by ECOLOGY prior to the purchase. F. USE OF EXISTING CONTRACTS RECIPIENT may use existing contracts that conform to local adopted procurement procedures and applicable state laws The RECIPIENT shall notify ECOLOGY if intending to use contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities The RECIPIENT shall submit acopy of the contract to its assigned ECOLOGY grant officer to be placed in the file The grant eligibility of products or services secured by the RECIPIENT under existing contracts used to perform the scope of work in this agreement must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement G. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION For equipment or property purchased with a cost of at least $5,000 per unit or functional system, the RECIPIENT must utilize an inventory control system, including physical inventory to document the ongoing use, a description of the item(including serial or vehicle identification number(VIN when possible) and location The 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 suchconditions The RECIPIENT will follow manufacturer recommended maintenance procedures to keep the property in good operating condition. 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 documented in writing. A copy of the determination will be provided to the RECIPIENT upon ECOLOGY's closure of the grant agreement unless already identified in the task's scope of work o If the equipment is necessary for the continued operation of the project or other projects administered through ECOLOGY, the grant officer may instruct the recipient to retain the equipment with no further compensation to ECOLOGY. o If the project has no further significant use for the equipment,the grant offic er may instruct the recipient to retain or sell the equipment and pay ECOLOGY an amount equal to ECOLOGY's share of the current fair market value, sale proceeds or other price agreed upon by the grant officer. o The grant officer may instruct the recipient to transfer title to ECOLOGY or to a third party named by ECOLOGY who is eligible under existing statutes. H. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions,"current cycle Program Guidelines —Coordinated Prevention Grants found at Washington State Department of Ecology Grant No G1400199 City of Kent Page 9 of 16 https)/fortress.wa.gov/ecv/publications/summarypages/1107008.htmi, and ECOLOGY'S AdmmastratrveRequirementsforRecipients of Ecology Grants and Loans, Ecology Publication 991-18,contain the entire understanding betty een the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s)or amendment(s)of this grant agreement shall be of any force or effect unless to writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made part of this agreement I. ARCHEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological orcultural resources RECIPIENT shall immediately ceasework and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this agreement In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT shall also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at(360) 586-3065. Applicability of the National Historic Preservation Act(NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). J. ENVIRONMENTALLY PREFERABLE PURCHASING In a joint effort to save costs.produce energy savings and prevent waste, the RECIPIENT agrees to use both sides of paper sheets for copying and printing when feasible The RECIPIENT also agrees to purchase paper products with a high level of post consumer recycled content when they are comparable in quality, available, and cost effective. IN WITNESS WHEREOF, the parties sign this Agreement: STATE OF WASHINGTON CITY OF T DEPARTMENT OF ECOLOGY Laurie G. Davies Date ignat Date Program Manager Waste 2 Resources Program of e LBO��i /-r1�Iy0� Printed Name and Title of Signatory APPROVED AS TO FORM ONLY Assistant Attorney General Washington State Department of Ecology Grant No G1400199 City of Kent Page 10 of 16 APPENDIX A PART 5: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev.04/04 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 ofwork and budget B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement,the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction,purchase of equipment and professional architectural and engineering services shall be awarded through acompetitive process, if required by State law. RECIPIENT shall retain copies of all bids received andcontracts 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. 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 pen-nits 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. Washington State Department of Ecology Grant No G1400199 City of Kent Page 11 of 16 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply w rth such laws,the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided nl Section K 1, herein. 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. 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. 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 acopy 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 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 bewithheld if required progress reports are notsubmitted. 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. Washington State Department of Ecology Grant No G1400199 City of Kent Page 12 of 16 J. COMPENSATION 1 Method of compensation Payment shall normally be made on areimbursable 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 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 Recipients of Ecology Grants and Loans", part 1V, 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 hn 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 5 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 them 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 obhgat ion 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, Washington State Department of Ecobgy Grant No G1400199 City of Kent Page 13 of 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 just and equitable compensation for any satisfactory work completed on such documents and other materials Despite the above,the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT 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 RECIPIENTS fiscal year,the obligation of the RECIPIENT 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 accordancewrth Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work,the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of 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 aroyalty-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. 3. Tangible Property Rights. The DEPARTMENT's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and tt Washington State Department of Ecology Grant No G1400199 City of Kent Page 14 of 16 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 uponspecific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT Ifsaid property is lost stolen or damaged while in the RECIPIENT's possession,the DEPARTMENT shall be reimbursed in cash or by setoff by the RECI PI ENT 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 thecost 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, orclaim whichwould 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 assistancewas originally approved without prior written approval of the DEPARTMENT. Such approval maybe 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 w hen possible These practices include use of clean energy, and purchase and use of sustainably produced products(e g recycled paper) For more information, see www.ecy.wa.gov/sustaurability. 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 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 Washington State Department of Ecology Grant No G1400199 City of Kent Page 15 of 16 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 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 injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. Washington State Department of Ecology GrantNo G1400199 City of Kent Page 16 of 16 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 Recipients of Ecology Grants and Loans'; and(e)the General Terms and Conditions /'-,►4 REQUEST FOR MAYOR'S SIGNATURE `-/ KENT Please Fill in All Applicable Boxes WASHINGTON Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator �� Ul�t rfo Vel Phone (Originator). S� Date Sent: /1 a / Date Required. Return Signed Doc ument to- yi,2 CONTRACT TERMINATION DATE: VENDOR NAME: a� /�(o/o DATE OF COUNCIL APPROVAL: Brief Explanation of Do/current: 40 , ./ �C90�0/ /Yla4 �deoriip�/OBI �YQn1� All Contracts Must Be Routed Through the Law Department RECERECEIVED I0 (This Area to be completed By the Law Department) (� Received: G N L,J NOV 2 7 2013 Approval of Law Dept.- � q1Y Law DeptKENTJAW ®EPA"`" Date Forwarded to Mayor: Shaded Areas to Be Completed by Administration Staff eceived: RECEIVE f Recommendations & Comments. NOV 2 7 2013 Disposition:/ y�/�'��cYti� �'%� e�1G_ try op GI�Y CLERK Date Returned age5870 • 31,05 -PW I al