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PW15-357 - Original - Washington State Dept. of Ecology - Waste 2 Resources Coordinated Prevention Grant - 07/10/2015
f ' 4 Yf,� Records rds f e e � � KENT a § ry Document WP9 HINOYOM vY�� 'f Ngaitty\c� fUIIV} `n Ul kd Cb 11��1i`� CONTRACT COVER SHEET i. \\A\` 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: NfA5WnGtn�t Vendor Number.- JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Waste 2 Resources Coordinated Prevention Grant Program Agrmnt Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Mother: Grant Agreement Contract Effective Date: 7/10/2015 Termination Date: 6/30/2017 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department., PW / Special Projects j Contract Amount: $123,522.67.__._......._______ Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Kent will host up to 6 Residential Recycling Collection Events for City residnets with its $123,522.67 CPG monies. Kent expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics & 60 tons of moderate risk waste. To provide regional and local solutions and intergovernmental cooperation; prevent or minimize environmental contamination through planning & project implementation. As of: 08/27/14 OT Agenda Item: Consent Calendar - 7C I TO: City Council DATE: November 3, 2015 SUBJECT: Department of Ecology Coordinated Prevention Grant - Authorize MOTION: Authorize the Mayor to accept the Coordinated Prevention Grant in the amount of $123,522.67 and authorize expenditure of the grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. i SUMMARY: The Coordinated Prevention Grant is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the "maximum eligible program cost" which for Kent is $123,522.67, A 25% match will be provided by the King County Waste Reduction and Recycling Grant. This Grant funds Residential and Commercial Waste Reduction and Recycling Programs including events for collection of materials hard-to-recycle at the curb: appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris and concrete. EXHIBITS: Coordinated Prevention Grant RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: The City will receive from the Washington State Department of Ecology $92,642.00, distributed on a cost basis as tasks are completed. The required 25% match of $30,880.67 will come from the King County Waste Reduction and Recycling Grant, I Agreement No: W2RCPG-t51TKentPW-00075 Page I of 17 Project Title: 2015-17 CPC Kent IMP Recipient Name: City of Kent DEPARTMENT OF r 1� ECOLOGY State of Washington Agreement W2RCPG-1517-KentPW-00075 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN TILE 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, hereinafter referred to as"ECOLOGY'and City of Kent,hereinafter referred to as the 'RECIPIENT"to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2015-17 CPG Kent IMP Total Cost: $123,522.67 Total Eligible Cost: $123,522.67 Ecology Share: $92,642.00 Recipient Share: $30,880.67 The Effective Date of this Agreement is: 07/10/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project,type: Implementation Project Short Description: The RECIPIENT(City of Kent)will host up to six(6)Residential Recycling Collection Events for City residents with its$123,522.67 CPG monies. The RECIPIENT expects to divert 300 tons of recycled material,which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making over 188,000 resident contacts during the 2015-17 grant cycle. Project lone Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation;and comply with state and local solid and hazardous waste management plans and laws. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 2 of 17 Project Title: 2015-17 CPC Kent IMP Recipient Nune: City of Kent RECIPIENT INFORMATION Organization Name: City of Kent Federal Tax ID: 91-6001254 DUNS Number: 000000000 Mailing Address: 220 Fourth Ave S Kent,WA,98032 Physical Address: 220 Fourth Ave S Kent,Washington,98032 Organization Email: ghungerfordCakentwa.gov Contacts Project Manager Regina Hungerford Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kcnt,Washington, 98032 Email: ghungerford@kentwa.gov Phone: (253) 856-5549 Billing Contact Paul Devine General Manager 4715 SW WALKER ST Seattle, Washington,98116 Email: pauldeviner@imsn.com Phone: (206) 938-8262 Authorized Regina Hungerford Signatory Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington,98032 Email: gungerford@kentwa.gov Phone: (253) 856-5549 W 2RCPG-1517-KentPw-00075 i Agreement No: W2RCPG-1517-I{emPW-00075 Page 3 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent ECOLOGY INFORMATION Mailing Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources 300 Desmond Drive Lacey, WA 98503 Contacts Project Vicki Colgan Manager 3190 160thAve SF, Bellevue, Washington,98008-5452 Email: vcol461@ecy.wa.gov ecy.wa.gov Phone: (425)649-7224 Financial Vicki Colgan Manager 3190 160thAve SE Bellevue,Washington,98008-5452 Email: vcol461@ecy.Nva.gov Phone: (425)649-7224 W2RCPG-t 517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Pkp4 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth,or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. IN WITNESS WHEREOF,the parties hereby sign this Agreement Washington State - City of Kent Department of Ecology 1AJ427 Program Manager Date Regina Hungerford Date Conservation Coordinator Waste 2 Resources Suzette Cooke —, = � _a✓ �` Vie' r J __ Mlkv,Cityy of Kent Date W 2 R C PG-1517-KentP W-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 5 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name. City of Kent SCOPE OF WORK Task Number: 1 Task Cost: $123,522.67 Task Title: WR&R: Residential Collection Events Task Description: The RECIPIENT will host up to six(6)Residential Recycling Collection Events for City residents during this grant cycle. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location,as well as serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City-sponsored or private sector WR&R programs. The RECIPIENT may charge user fees for soma items or may drop user fees to increase the volume of materials collected. The RECIPIENT will credit this grant for any revenue received from the collection of fees or commodity sales on items the grant is directly supporting. In addition,the Coordinated Prevention Grant Program does not pay for costs covered by an existing product stewardship program(such as E-cycle Washington,EigbtRecycle Washington, or Ca112Recycle). Contact your Ecology grant project manager or consult the following website if you are unsure about a cost's grant-eligibility: littp://www.ecy.wa.gov/programs/swfa/ProductStewardshipFAQ.html. The costs of membership in civic, business, and technical/professional organizations are allowed to the extent they are covered in the overhead rate. If the RECIPI ENT does not charge overhead to this task,it may directly bill for memberships)pre-approved by ECOLOGY. 'task Goal Statement: Decreasing the amount of organics,moderate risk waste(NIRW),and other hard-to-recycle items from being landfilled by holding collection events in a convenient location for City resident's,is the goal of the program, thereby also keeping environmentally damaging materials from finding their way to stormdrains, streams,and other isolated sites in our City. Human health risks from these materials will be lowered as well. Task Expected Outcome: The RECIPI ENT expects to divert 300 tons of recycled material, which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making 188,000 resident contacts.The RECIPIENT will provide the following information to the Department of Ecology for project evaluation: 1)The number of events held. 2)The number of event participants attending-the site greeter will count cars as they arrive. 3)The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. 4)The numbers of promotional/educational contacts made. Recipient Task Coordinator: Paul Devine W2RCPG-1517-KentPW-00075 '.. Agreement No: W2RCPG-1517-KentPW-00075 Page 6 of 17 Project'Iitle: 2015-17 CPG Kent IMP Recipient Name: City of Kent WR&R: Residential Collection Events Deliverables Number Description Due Date 1.1 Q 1:No work this quarter. 1.2 Q2: Arrange date and site for event. Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 13 Q3:Arrange date and site for event. Arrange event vendors.Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.4 Q4:Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event.Prepare project progress report and payment request for grant reimbursement. 1.5 Q5:No work this quarter. 1.6 Q6:Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event.Prepare project progress report and payment request for grant reimbursement. 1.7 Q7: Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.8 Q8: Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event. Recycle materials collected at event.Prepare project progress report and payment request for grant reimbursement and closeout. W2RCPG-1517-KentPW-00075 Ageement No: W2RCPG-15 17-KentPW-00075 Page 7 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Narne: City of Kent BUDGET Funding Distribution EG160221 Funding Title: State Building Construction Account Funding Type: (,rant Funding Expiration Date: 06/30/2017 Funding Effective Date: 07/10/2015 Funding Source: Title: State Building Construction Account(SBCA) Type: State CFDA: Assistance Agreement: Description: Recipient Match%: 25 InKind Inter local Allowed: Yes InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No State Building Construction Account Task Total WR&R:Residential Collection Events $ 123,522.67 Total: $ 123,522.67 W 2RCPG-1517-KentPW-00075 Agreement No: W2 RCP(i-1517-KentPW-00075 Pave 8 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total State Building Construction 25.00 % S 30,880.67 $ 92,642.00 $ 123,522.67 Account Total $ 30,880.67 S 92,642.00 $ 123.522.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25% of salaries and benefits. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSION.DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION: l. The RECIPIENT/CONTRACTOR,by signing this agreement, certifies that it is not suspended,debarred, proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal funds.If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroncous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,participant, person,primary covered transaction,principal,proposal,and voluntarily excluded, as used in this clause,have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549, You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations,debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION,DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement,or pursuance of legal remedies,including suspension and debarment. W2RCP(i-1517-KentPW-00075 I Agreement No: W2RCPG-1517-KentPW-00075 Page 9of 17 Project Title: 2015-17 CPG Kent INIP Recipient Name- City ofKent 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or contractors,are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment.RECIPIENT/CONTRACTOR must run a search in <httD://www.sam.gov>and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And Transparency Act (FFATA)Reporting Requirements: RECIPIENT roust complete the FFATA Data Collection Form(ECY 070-395)and return it with the signed agreement to ECOLOGY. Any RECI PI ENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Fonn. Receives more than$25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds;and Receives more than$25,000,000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements,including the required DUNS number, at wyvw.fsrs.goy<http://"-vvw.fsrs.Lov�,within 30 days of agreement signature. The FFA'1'A information will be available to the public at WW WAisaspendine. ova<http://www.usasperimg.gov>. For more details on FFATA requirements, see www.fsrs.pov <htt :://www.fsrs.Pov>. GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—EAGL Edition". https:Hfortress.wa.gov/ecy/publications/StimmaryPages/1401002.htm1 b) RECIPIENT shall complete all activities funded by this Agreement and be filly responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken ender this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENf's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered,amended, or waived only by a written amendment executed by both parties. No subsequent modification(s)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to i W 2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page to of 17 Project Titles 2015-17 CPG Kent R4P Recipient Name: City of Kent approval by ECOLOGY. RECIPIENT shall: a) immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site. e) Comply with Governor Executive Order 05-05,Archaeology and Cultural Resources, for any capital construction projects prior to the start of ally work. d) Comply with RCW 27.53,Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act(N H PA)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 cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local,state,or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work perfer-ed prior to effective date of this Agreement will beat the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECI PI ENT thirty(30)days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services'Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the websitc, http://Nvww.des.wa.gov/services/ContractingPurchasinggusiness/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email paycehclpdesk@des.wa.gov. h) ECOLOGY may, at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement.Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws,orders,regulations,and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages andjob safety. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 11 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent, or employee,who exercises any function or responsibility in the review,approval, or carrying out of this Agreement, shall not have any personal or financial interest,direct or indirect,nor affect the interest of any corporation,partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods, equipment,services,and professional architectural and engineering services through a competitive process,if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair,and open competition. I RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result.of procurement practices not in compliance with state procurement law or the RECIPIE.NT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY wil I govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). e) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10)business days,unless more time is needed,after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30) days from the date of such decision,the RF,CIPI ENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative wi I I be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-j in icial tribunal. W2RCPG-15l7-ICenlPW-00075 Agreement No: W2RCPG-u 517-KentPW-00075 Page 12 of 17 Project Tit]c: 2015-17 CPG Kent BIP Recipient Name: City of Kent Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contract will be construed to limit the parties'choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. EN VIRON-NiLNTAL STANDARDS a) RECIPIENTS who collect environmental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System(EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://vrww.ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS)data are collected and processed. More information and requirements are available at: http:/hvw�v.ecy.wa.gov/services/gis/data/standards/standards.him. RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables,raw data collection files,map products,and all metadata and project documentation. c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort- 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees,volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission, or gift in return for award of a subcontract hereunder. 16. MINORITYAND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and w2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-15 1 7-KentPW-00075 Page 13 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent '.. women-owned (WBE)businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation;however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when econonucally feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)(866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement,unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a)applicable Federal and State statutes and regulations; (b) Scope of Work; (e) Special Terms and Conditions;(d)Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans";and(e) the General Terns and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) Provide ECOLOGY two(2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets, videos, audio tapes,CDs,curriculum,posters,media announcements,or gadgets,such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages, blogs, and Twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT must provide a complete description including photographs, drawings,or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April I through June 30,July 1 through September 30, and October I through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30)days of the expiration date of the project, unless an W2RCPG-1517-KentPW-00075 Agreeinent No: W2RCPG-1517-KentPW-00075 Page 14of17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive,and irrevocable license to reproduce,publish,recover,or otherwise use the material(s)or property,and to authorize others to use the same for federal, state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers,lectures,or seminars involving information supplied by ECOLOGY; or use logos,reports, maps, or other data in printed reports, signs, brochures,pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIEN"I as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RE.CI PIEN'I for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT"s possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. t) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes finds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates,or abstracts, and attorney's opinions establishing that the land is free from any impediment,lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the agreement expiration date, the RECIPIENT shall not at any time convert any equipment,property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 21. RECORDS,AUDITS,AND INSPECTIONS R ECI PIENI'shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in;a mariner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for auditor inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 15 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: CRyofKent ECOLOGY reserves the right to audit, or have a designated third party audit,applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state,federal or local representative for inspection at any time during the course of this Agreement and for at least three (3)years following grant or loan termination or dispute resolution hereunder. RECI PIENT shall provide right of access to ECOLOGY,or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. '... All payments to the RECIPIENT are subject to approval and audit by ECOLOGY,and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds, Any property acquired under this Agreement,at the option of ECOLOGY,may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTALPOLICYACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY,ECOLOGY may at any time,and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RF.CIPI ENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy,use of double-sided printing,hosting low W2RCPG-1517-KentPW-00075 Agreement No. W2RCPG-1517-KemPW-00075 Page 16 of 17 Project Title: 2015-17 CPG Kent rIP Recipient Name. City of Kent impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products,remanufactured toner cartridges, products with reduced packaging, office products that are refillable,rechargeable, and recyclable,and 100%post consumer recycled paper. For more suggestions visit ECOLOGY's web pages: Green Purchasing, http://wwty,ecy.wa.gov/prograins/swfa/epp and Sustainability,wAvw.ecy.wa.gov/sustainability. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any tern or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Cormnence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to cormnence work on the project funded within four(4) months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further funds,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may tenninate for convenience this Agreement,in whole or in part,for any reason when it is the best interest of ECOLOGY, with a thirty(30)calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement,ECOLOGY,at its sole discretion,may elect to terminate the agreement,in whole or part,or renegotiate the agreement,subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. If payments have been discontinued by ECOLOGY due to unavailable fimds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. W 2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 17 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement; in whole or in part,at any time,by mutual written agreement. d) In Event of Termination All finished or unfinished documents,data studies,surveys,drawings,maps,models,photographs,reports or other materials prepared by the RECI PI ENT under this Agreement, at the option of ECOLOGY,will become property of ECOLOGY and the RECI PI ENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECI PiEN'f in accordance with Recovery of Funds,identified herein. 28. TH[RD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. I W 2RCPG-1517-KentPW-00075 IntelliGrants - Document Menu Page 1 of 2 ,- .. g d 5 u o�8, m� a. � �Py' 9 e A` � �i• 9 My Home My Applications My Reports&Payment Requests MYReP-,y M,V Tralning 11Lori�11s My Omanizatign(al HY.profile Back Application Menu -- Forms Please complete all required Forms below. Document Information: W2RCPG-1517-KentPW-00075 yi Detalis Forms Status page Name Note Created By Last Modified By funding Program Guidelines 1517 Coordinated Prevention Grant Program Guldelmes wJ 1517 Coordinated Prevention Grant Program Aoulicztion Instructions Application Forms - EY General Information Mr. Paul Devine Vicki Colgan 3/18/2D15 12:52:39 PM 10/7/2015 9:06:34 AM Recipient Contacts Mr. Paul Devine Mr. Paul Devine 3J10/2015 12:53:06 PM 7/21/2015 2:20a1 PM [?f Location Information Vicki Colgan Vicki Colgan 8/1/2015 4:51:58 PM 8/1/2015 5:00:58 PM C $cppg of Work-Additional Tasks Vicki Colgan Vicki Colgan 1013/2.015 7:48:08 PM 1,0/7/2015 10:14:18 AM Scope of Work Summary Vicki Colgan Vicki Colgan 10/3/2015 7:48:08 PM 111///2015 10:14:38 AM Ely Cateuory.$2Q.chc Taskfs)- Implementation Mr. Paul Devine Vicki Colgan .1/18/2015 1:08:26 PM 10/7/2015 10;10:00 AM Mr. Paul Devine Vicki Colgan Task Rollup 3/18/2015 1:22:14 PM 10/7/2015 10:12:18 AM [vj Proof of Coordination Mr. Paul Devine Mr. Paul Devine 3/19/2015 1:22:26 PM 7/21/2015 2:30:03 PM Uploads Mr. Paul Devine Mr, Paul Devine 3/27/2015 1:06:28 PM 7/23./2015 2:30:14 PM Screening and Evaluation �'� Appl(cation_MgdiLication Comments � Agreement (19 Agreement for Signature 2 Ecology Contacts Vicki Colgan 10/3/2015 7:57:06 PM 13 Fundfno Distribution Vicki Colgan Vicki Colgan "/3/2015 0:06:32 PM 10/7/2015 10:33:44 AM Funding Distribution SummaX Vicki Colgan Vicki Colgan 1013/2,01.5 022:33 PM 10/7/2D15 10:34:01 AM Aoreement Informatign Vicki Colgan Vicki Colgan 10/3/2015 8:23:36 PM 10/4/2015 4:00:30 PM https://seciveaccess,wa.gov/ecy/eagi/Menu Object2.aspx 10/19/2015 IntelliGr_ants - Document Menu Page 1 of 1 r t K ra't R " kn 4r >u la No: ? �2�� My Mama My Applications My Reports&Payment Requests My Reports MY Training.NokerlalS, My Orpagr Tat oo(Al MV prof le Back Application Menu Document Information; W2RCPG 1517-KentPW-00075 1•- Details Into Document Type Organization Role Current Status Period Date/ Date Due Application Kent city of-Public Works Authorized Official Agreement Requires Signature N/A- N/A 03/31/207.5 5:OOPM PST View, Edit and Complete Forms Select the View Forms button below to view, edit,and complete your application, funding agreement,and/or amendment forms.The document's current status and your role determines which forms are editable, Change the Status Select the View Status Options button below to change the status of Your application,funding agreement, and/or amendment. 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I Examine Related Items Select the View Related Items button below to initiate and view sub documents such as Payment Request/Progress Reports,Equipment Purchase Reports,Site Visit Reports,and Close Out Reports, 0 Ton of the Page Powered by IntelliGran ts— ©Copyright 2000-2015 Agate Software, Inc. https://secul'eaccess.wa.gov/ecy/eagl/Menu_O ject2,aspx 10/19/20I5 RFQUESTfOWM'AYoR,$"$ T �C NT Print0 Gi err, col rgtl a er Kboting Infbar4o�t� ,I H.S,rtEQU€STS Fr7US'&'FZR 7 �POUTED THROWN,�R�' �,bEPhRT#�YEN7) F l�f'' `Hppraved by prrectar=! t� rganetor Cheryf Uisetla for Dinalun9rforcl Phone jOr�zjinatflr) ,50 ter5,` J 9 Date Sen l j�/�0 ' ' bate Required 1 vy. 201'S �. `- Retu7^n S� ned document to �pr�traGtTermination Date' UEI1iDOFt 7`IAME Dale fanance NoYif�el, t3@ 2Ytrneflt pf EG9ifl s ��e Of W sh>ngtQrt {Only regwt d on cgntracts ; lot / p gY MOM and;oVer or on an ::Grarft DATL C]F �OU�ICI�APPROUAY. 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